TRANSPORT AND OTHER LEGISLATION AMENDMENT BILL 2009

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TRANSPORT AND OTHER LEGISLATION AMENDMENT BILL 2009

Queensland Transport and Other Legislation Amendment Bill 2009

Queensland Transport and Other Legislation Amendment Bill 2009 Contents Page Part 1 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Part 2 Amendment of Maritime Safety Queensland Act 2002 3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4 Amendment of s 11 (Functions and powers of general manager) 6 Part 3 Amendment of Transport Infrastructure Act 1994 5 Act amended in pt 3 and schedule . . . . . . . . . . . . . . . . . . . . . . . . 7 6 Amendment of s 2 (Objectives of this Act) . . . . . . . . . . . . . . . . . . 7 7 Replacement of s 9 (Obligations about government supported transport infrastructure) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 9 Obligations about government supported transport infrastructure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 9A Beneficial assets . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 8 Amendment of s 258 (Impact of particular development on railways) ...................................... 8 9 Amendment of s 275 (Functions of port authorities) . . . . . . . . . . 9 10 Amendment of s 277 (Powers of port authorities subject to Marine Safety Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 11 Insertion of new ss 287A and 287B . . . . . . . . . . . . . . . . . . . . . . . 10 287A Impact of particular development and port operations 10 287B Guidelines for s 287A . . . . . . . . . . . . . . . . . . . . . . . . . 11 12 Insertion of new ch 15, pt 2, div 1, hdg. . . . . . . . . . . . . . . . . . . . . 11 13 Insertion of new ch 15, pt 2, div 2, hdg. . . . . . . . . . . . . . . . . . . . . 11 14 Insertion of new ch 15, pt 2, divs 3 and 4. . . . . . . . . . . . . . . . . . . 11 Division 3 Authorised persons for waterway transport management plans

Transport and Other Legislation Amendment Bill 2009 Contents 475A Authorised persons . . . . . . . . . . . . . . . . . . . . . . . . . . 12 475B Appointment conditions and limit on powers . . . . . . . 12 475C Issue of identity card to each authorised person . . . . 13 475D Production or display of identity card . . . . . . . . . . . . . 13 475E When authorised person ceases to hold office . . . . . 14 475F Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 475G Return of identity card . . . . . . . . . . . . . . . . . . . . . . . . 14 Division 4 Powers of authorised persons Subdivision 1 Interpretation 475H Definitions for div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Subdivision 2 Entry of places by authorised persons 475I Power to enter places . . . . . . . . . . . . . . . . . . . . . . . . . 15 475J Procedure for entry with consent . . . . . . . . . . . . . . . . 15 475K Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . 16 475L Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 475M Warrants--procedure before entry . . . . . . . . . . . . . . . 17 Subdivision 3 Powers after entry 475N General powers after entering places . . . . . . . . . . . . 18 475O Power to require reasonable help or information . . . . 19 Subdivision 4 Removal of watercraft 475P Notice of intention to remove watercraft . . . . . . . . . . . 20 475Q Removing illegally anchored or moored watercraft . . 20 475R Removal of hazardous watercraft . . . . . . . . . . . . . . . . 21 475S Giving notice of removal of watercraft . . . . . . . . . . . . 21 475T Dealing with removed watercraft . . . . . . . . . . . . . . . . 22 475U Proceeds from the sale of removed watercraft . . . . . . 22 475V Forfeiture by authorised person . . . . . . . . . . . . . . . . . 23 475W Dealing with forfeited sample or thing . . . . . . . . . . . . 24 Subdivision 5 General enforcement matters 475X Direction to stop contravening plan . . . . . . . . . . . . . . 24 475Y Power to require name and address . . . . . . . . . . . . . 24 475Z False or misleading statements . . . . . . . . . . . . . . . . . 25 475ZA False or misleading documents . . . . . . . . . . . . . . . . . 26 475ZB Obstruction of authorised person . . . . . . . . . . . . . . . . 26 475ZC Impersonating an authorised person . . . . . . . . . . . . . 27 475ZD Notice of damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Page 2

Transport and Other Legislation Amendment Bill 2009 Contents 475ZE Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . 28 15 Insertion of new ch 18, pt 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Part 13 Transitional provisions for Transport and Other Legislation Amendment Act 2009 Division 1 Prescribed development applications 553 Application of s 258 to prescribed development applications ............................. 28 554 Application of s 287A to prescribed development applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Division 2 Waterway transport management plans 555 Amendment of waterway transport management plan by the amending Act does not affect powers of Minister and Governor in Council . . . . . . . . . . . . . . . . 29 Part 4 Amendment of Transport Operations (Marine Safety) Act 1994 16 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 17 Amendment of s 88 (Direction to master about operation of ship in relation to pilotage area). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 18 Insertion of new pt 14A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Part 14A General manager's powers of direction 191A Direction to master about operation of ship in relation to pilotage area. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 191B Direction to person in charge of a place. . . . . . . . . . . 33 19 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 33 Part 5 Amendment of Transport Operations (Passenger Transport) Act 1994 20 Act amended in pt 5 and schedule . . . . . . . . . . . . . . . . . . . . . . . . 34 21 Amendment of s 10 (Obligations about public passenger transport) ..................................... 34 22 Amendment of s 79 (Suspension and cancellation of taxi service licences) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 23 Amendment of s 94 (Preparation of draft standard) . . . . . . . . . . . 34 24 Insertion of new ch 13, pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Part 8 Transitional provision for Transport and Other Legislation Amendment Act 2009 183 Amendment of regulation by Transport and Other Legislation Amendment Act 2009 does not affect powers of Governor in Council . . . . . . . . . . . . . . . . . . 35 25 Amendment of sch 1A (Driver disqualification offences) . . . . . . . 35 26 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 36 Page 3

Transport and Other Legislation Amendment Bill 2009 Contents Part 6 Amendment of Transport Operations (Passenger Transport) Regulation 2005 27 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 28 Amendment of s 55 (Amendment, suspension and cancellation of taxi service licences--Act, ss 75(1) and 79) . . . . . . . . . . . . . . 37 29 Amendment of sch 11 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . 37 Part 7 Amendment of Transport Operations (Road Use Management) Act 1995 30 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 31 Amendment of s 31 (Power to stop private vehicles) . . . . . . . . . . 38 32 Amendment of s 48 (Power to require name and address) . . . . . 39 33 Amendment of s 49 (Power to require documents to be produced) .................................. 39 34 Insertion of new s 170A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 170A Expiry and amendment of certain provisions . . . . . . . 40 Part 8 Amendment of Transport Planning and Coordination Act 1994 35 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 36 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 41 37 Amendment of s 8A (Object of pt 2A). . . . . . . . . . . . . . . . . . . . . . 41 Part 9 Amendment of Transport Security (Counter-Terrorism) Act 2008 38 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 39 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 42 Part 10 Other amendments 40 Legislation amended in schedule . . . . . . . . . . . . . . . . . . . . . . . . . 43 Schedule Legislation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 State Penalties Enforcement Act 1999 . . . . . . . . . . . . . . . . . . . . . 44 State Penalties Enforcement Regulation 2000 . . . . . . . . . . . . . . . 44 Transport Infrastructure Act 1994 . . . . . . . . . . . . . . . . . . . . . . . . . 45 Transport Infrastructure (Gold Coast Waterways) Management Plan 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 Transport Infrastructure (Sunshine Coast Waterways) Management Plan 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 Transport Infrastructure (Yeppoon Waterways) Management Plan 2000 .................................... 52 Transport Operations (Passenger Transport) Act 1994 . . . . . . . . 52 Page 4

2009 A Bill for An Act to amend the Maritime Safety Queensland Act 2002, the Transport Infrastructure Act 1994, the Transport Operations (Marine Safety) Act 1994, the Transport Operations (Passenger Transport) Act 1994 and the regulation under that Act, the Transport Operations (Road Use Management) Act 1995, the Transport Planning and Coordination Act 1994 and the Transport Security (Counter-Terrorism) Act 2008 for particular purposes, and to make consequential and minor amendments of legislation as stated in the schedule

Transport and Other Legislation Amendment Bill 2009 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 2009. 5 Clause 2 Commencement 6 Part 7 commences on 1 January 2010. 7 Part 2 Amendment of Maritime Safety 8 Queensland Act 2002 9 Clause 3 Act amended 10 This part amends the Maritime Safety Queensland Act 2002. 11 Clause 4 Amendment of s 11 (Functions and powers of general 12 manager) 13 Section 11(2)(c)-- 14 omit. 15 Page 6

Transport and Other Legislation Amendment Bill 2009 Part 3 Amendment of Transport Infrastructure Act 1994 [s 5] Part 3 Amendment of Transport 1 Infrastructure Act 1994 2 Clause 5 Act amended in pt 3 and schedule 3 This part and the schedule amend the Transport Infrastructure 4 Act 1994. 5 Clause 6 Amendment of s 2 (Objectives of this Act) 6 Section 2(2)(i)(vii), from `network'-- 7 omit, insert-- 8 `network; and'. 9 Clause 7 Replacement of s 9 (Obligations about government 10 supported transport infrastructure) 11 Section 9-- 12 omit, insert-- 13 `9 Obligations about government supported transport 14 infrastructure 15 `The chief executive must ensure that-- 16 (a) the construction, maintenance and operation of all 17 government supported transport infrastructure for which 18 the chief executive is responsible is carried out in a way 19 that, within the objective of this chapter-- 20 (i) takes into account best practice and national 21 benchmarks; and 22 (ii) promotes the safe transport of persons and goods; 23 and 24 (iii) reduces adverse environmental impacts; and 25 (iv) encourages efficient and competitive behaviour in 26 the construction and maintenance of transport 27 infrastructure; and 28 Page 7

Transport and Other Legislation Amendment Bill 2009 Part 3 Amendment of Transport Infrastructure Act 1994 [s 8] (b) the construction, maintenance and operation of all 1 government supported transport infrastructure for which 2 the chief executive is responsible is carried out in 3 accordance with standards-- 4 (i) published by the chief executive; and 5 (ii) designed, within overall transport objectives, to 6 achieve efficiency, affordable quality and cost 7 effectiveness; and 8 (c) contracts that are let for the construction, maintenance 9 or operation of transport infrastructure are designed in a 10 way that encourages efficient performance by the 11 contractor. 12 `9A Beneficial assets 13 `(1) For section 9(a)(iii), it is recognised that, although the 14 operation or use of transport infrastructure may have 15 significantly adverse environmental impacts, the operation 16 and use are necessary for the community's environmental, 17 social and economic wellbeing. 18 `(2) However, it is intended that, within the objective of this 19 chapter, any significantly adverse environmental impacts 20 resulting from the operation or use of transport infrastructure 21 be progressively reduced to the extent that it is practicable to 22 do so.'. 23 Clause 8 Amendment of s 258 (Impact of particular development 24 on railways) 25 (1) Section 258, heading, `on'-- 26 omit, insert-- 27 `and'. 28 (2) Section 258(2) and (3)-- 29 omit, insert-- 30 `(2) Also, this section has as its purpose ensuring-- 31 Page 8

Transport and Other Legislation Amendment Bill 2009 Part 3 Amendment of Transport Infrastructure Act 1994 [s 9] (a) the safety and operational integrity of railways and 1 future railways; and 2 (b) that development addresses impacts on the development 3 from environmental emissions generated by railways or 4 future railways. 5 Examples of environmental emissions-- 6 air particles, fumes, light, noise 7 `(3) For performing the chief executive's functions as assessment 8 manager or referral agency, the chief executive must consider 9 the extent to which the proposed development satisfies the 10 purpose mentioned in subsection (2).'. 11 Clause 9 Amendment of s 275 (Functions of port authorities) 12 (1) Section 275(1)(f)(i), after `land'-- 13 insert-- 14 `at Cairns'. 15 (2) Section 275(1)(f)(i) and (iii), `Cairns Port Authority'-- 16 omit, insert-- 17 `Far North Queensland Ports Corporation Limited'. 18 (3) Section 275(1)(f)(ii) and (iii), `Port of Brisbane 19 Corporation'-- 20 omit, insert-- 21 `Port of Brisbane Corporation Limited'. 22 (4) Section 275-- 23 insert-- 24 `(4) In this section-- 25 Far North Queensland Ports Corporation Limited means Far 26 North Queensland Ports Corporation Limited ACN 131 836 27 014. 28 Port of Brisbane Corporation Limited means Port of 29 Brisbane Corporation Limited ACN 124 048 522.'. 30 Page 9

Transport and Other Legislation Amendment Bill 2009 Part 3 Amendment of Transport Infrastructure Act 1994 [s 10] Clause 10 Amendment of s 277 (Powers of port authorities subject 1 to Marine Safety Act) 2 Section 277, from `powers of a harbour master'-- 3 omit, insert-- 4 `powers of-- 5 (a) the general manager under part 14A of the Marine 6 Safety Act; or 7 (b) a harbour master under the Marine Safety Act about 8 marine safety and navigation. 9 `(2) In this section-- 10 Marine Safety Act means the Transport Operations (Marine 11 Safety) Act 1994.'. 12 Clause 11 Insertion of new ss 287A and 287B 13 Chapter 8, part 4, division 2-- 14 insert-- 15 `287A Impact of particular development and port operations 16 `(1) This section applies if the Minister or chief executive is an 17 assessment manager or a referral agency under the Integrated 18 Planning Act 1997 for a development application under that 19 Act. 20 `(2) This section has as its purpose ensuring-- 21 (a) the safety and operational integrity of ports; and 22 (b) that development addresses impacts on the development 23 from environmental emissions generated from a port. 24 Examples of environmental emissions-- 25 air particles, fumes, light, noise 26 `(3) For performing the Minister's or the chief executive's 27 functions as assessment manager or referral agency, the 28 Minister or the chief executive must consider the extent to 29 which the proposed development satisfies the purpose 30 mentioned in subsection (2). 31 Page 10

Transport and Other Legislation Amendment Bill 2009 Part 3 Amendment of Transport Infrastructure Act 1994 [s 12] `(4) Subsection (3) is in addition to, and does not limit, the 1 Integrated Planning Act 1997, section 3.3.15 and chapter 3, 2 part 5, division 2. 3 `(5) This section does not apply to development in a State 4 development area under the State Development and Public 5 Works Organisation Act 1971. 6 `287B Guidelines for s 287A 7 `(1) For the purpose of section 287A, the chief executive may 8 make guidelines to which a person must have regard when 9 carrying out development under the Integrated Planning Act 10 1997. 11 `(2) The chief executive must give a copy of the guidelines to each 12 local government affected by the guidelines.'. 13 Clause 12 Insertion of new ch 15, pt 2, div 1, hdg 14 Chapter 15, part 2, before section 470-- 15 insert-- 16 `Division 1 Preliminary'. 17 Clause 13 Insertion of new ch 15, pt 2, div 2, hdg 18 After section 471-- 19 insert-- 20 `Division 2 Waterway transport management 21 plans'. 22 Clause 14 Insertion of new ch 15, pt 2, divs 3 and 4 23 Chapter 15, part 2, after section 475-- 24 insert-- 25 Page 11

Transport and Other Legislation Amendment Bill 2009 Part 3 Amendment of Transport Infrastructure Act 1994 [s 14] `Division 3 Authorised persons for waterway 1 transport management plans 2 `475A Authorised persons 3 `(1) The following persons are authorised persons for a waterway 4 transport management plan-- 5 (a) a police officer; 6 Note-- 7 See the Police Powers and Responsibilities Act 2000, section 14 8 for provisions about the declaration of police officers as public 9 officials. 10 (b) under an arrangement between the chief executive and 11 the chief executive of the department in which the 12 Fisheries Act 1994 is administered--an inspector under 13 that Act. 14 `(2) The chief executive may appoint an officer of the department, 15 or any other person, as an authorised person. 16 `(3) However, the chief executive may appoint a person under 17 subsection (2) only if the chief executive is reasonably 18 satisfied the person is qualified for appointment because the 19 person has the necessary expertise or experience. 20 `(4) Sections 475B(1)(a) and (b), 475C and 475D do not apply to 21 an authorised person who is a police officer. 22 `475B Appointment conditions and limit on powers 23 `(1) An authorised person holds office on any conditions stated 24 in-- 25 (a) the person's instrument of appointment; or 26 (b) a signed notice by the chief executive given to the 27 person; or 28 (c) a regulation. 29 Page 12

Transport and Other Legislation Amendment Bill 2009 Part 3 Amendment of Transport Infrastructure Act 1994 [s 14] `(2) The instrument of appointment, a signed notice given to the 1 person or a regulation may limit the person's powers under 2 this Act. 3 `475C Issue of identity card to each authorised person 4 `(1) The chief executive must issue an identity card to each 5 authorised person. 6 `(2) The identity card must-- 7 (a) contain a recent photo of the person; and 8 (b) contain a copy of the person's signature; and 9 (c) identify the person as an authorised person under this 10 Act for a waterway transport management plan; and 11 (d) state an expiry date for the card. 12 `(3) This section does not prevent the issuing of a single identity 13 card to a person for a waterway transport management plan 14 and other purposes. 15 `475D Production or display of identity card 16 `(1) In exercising a power under this division in relation to a 17 person, an authorised person must-- 18 (a) produce the authorised person's identity card for the 19 person's inspection before exercising the power; or 20 (b) have the identity card displayed so that it is clearly 21 visible to the person when exercising the power. 22 `(2) However, if it is not practicable to comply with subsection 23 (1), the authorised person must produce the identity card for 24 the person's inspection at the first reasonable opportunity. 25 `(3) For subsection (1), an authorised person does not exercise a 26 power in relation to a person only because the authorised 27 person has entered a place as mentioned in section 475I(2). 28 Page 13

Transport and Other Legislation Amendment Bill 2009 Part 3 Amendment of Transport Infrastructure Act 1994 [s 14] `475E When authorised person ceases to hold office 1 `(1) An authorised person ceases to hold office if any of the 2 following happens-- 3 (a) the term of office stated in a condition of office ends; 4 (b) the person ceases to hold office under another condition 5 of office; 6 (c) the person's resignation under section 475F takes effect. 7 `(2) Subsection (1) does not limit the ways an authorised person 8 may cease to hold office. 9 `(3) In this section-- 10 condition of office means a condition on which the person 11 holds office. 12 `475F Resignation 13 `An authorised person may resign by signed notice given to 14 the chief executive. 15 `475G Return of identity card 16 `A person who ceases to be an authorised person must return 17 the person's identity card to the chief executive within 21 days 18 after ceasing to be an authorised person, unless the person has 19 a reasonable excuse. 20 Maximum penalty--40 penalty units. 21 `Division 4 Powers of authorised persons 22 `Subdivision 1 Interpretation 23 `475H Definitions for div 4 24 `In this division-- 25 Page 14

Transport and Other Legislation Amendment Bill 2009 Part 3 Amendment of Transport Infrastructure Act 1994 [s 14] occupier, of a place that is a watercraft, means the owner or 1 operator of the watercraft. 2 place includes the following-- 3 (a) land; 4 (b) a building or other structure, or part of a building or 5 other structure, of any type; 6 (c) a group of buildings or other structures, or part of a 7 group of buildings or other structures, of any type; 8 (d) a watercraft. 9 `Subdivision 2 Entry of places by authorised 10 persons 11 `475I Power to enter places 12 `(1) An authorised person may enter a place if-- 13 (a) its occupier consents to the entry; or 14 (b) the entry is authorised by a warrant. 15 `(2) For the purpose of asking the occupier of a place for consent 16 to enter, an authorised person may, without the occupier's 17 consent or a warrant-- 18 (a) enter land around premises at the place to an extent that 19 is reasonable to contact the occupier; or 20 (b) enter part of the place the authorised person reasonably 21 considers members of the public ordinarily are allowed 22 to enter when they wish to contact the occupier. 23 `475J Procedure for entry with consent 24 `(1) This section applies if an authorised person intends to ask an 25 occupier of a place to consent to the authorised person or 26 another authorised person entering the place under section 27 475I(1)(a). 28 Page 15

Transport and Other Legislation Amendment Bill 2009 Part 3 Amendment of Transport Infrastructure Act 1994 [s 14] `(2) Before asking for the consent, the authorised person must tell 1 the occupier-- 2 (a) the purpose of the entry; and 3 (b) that the occupier is not required to consent. 4 `(3) If the consent is given, the authorised person may ask the 5 occupier to sign an acknowledgement of the consent. 6 `(4) The acknowledgement must state-- 7 (a) the occupier has been told-- 8 (i) the purpose of the entry; and 9 (ii) that the occupier is not required to consent; and 10 (b) the purpose of the entry; and 11 (c) the occupier gives the authorised person consent to enter 12 the place and exercise powers under this division; and 13 (d) the time and date the consent was given. 14 `(5) If the occupier signs the acknowledgement, the authorised 15 person must immediately give a copy to the occupier. 16 `(6) If-- 17 (a) an issue arises in a proceeding about whether the 18 occupier consented to the entry; and 19 (b) an acknowledgement complying with subsection (4) for 20 the entry is not produced in evidence; 21 the onus of proof is on the person relying on the lawfulness of 22 the entry to prove the occupier consented. 23 `475K Application for warrant 24 `(1) An authorised person may apply to a magistrate for a warrant 25 relating to a place. 26 `(2) The application must be sworn and state the grounds on which 27 the warrant is sought. 28 `(3) The magistrate may refuse to consider the application until the 29 authorised person gives the magistrate all of the information 30 Page 16

Transport and Other Legislation Amendment Bill 2009 Part 3 Amendment of Transport Infrastructure Act 1994 [s 14] the magistrate requires about the application in the way the 1 magistrate requires. 2 Example-- 3 The magistrate may require additional information supporting the 4 application to be given by statutory declaration. 5 `475L Issue of warrant 6 `(1) A magistrate may issue a warrant only if the magistrate is 7 satisfied there are reasonable grounds for suspecting-- 8 (a) there is a particular thing or activity (the evidence) that 9 may provide evidence of an offence against a waterway 10 transport management plan; and 11 (b) the evidence is at the place or, within the next 7 days, 12 may be at the place. 13 `(2) The warrant must state-- 14 (a) that a stated authorised person may, with necessary and 15 reasonable help and force-- 16 (i) enter the place and any other place necessary for 17 entry; and 18 (ii) exercise the authorised person's powers under this 19 division; and 20 (b) the offence for which the warrant is sought; and 21 (c) the evidence that may be seized under the warrant; and 22 (d) the hours of the day or night when the place may be 23 entered; and 24 (e) the date, within 14 days after the warrant's issue, the 25 warrant ends. 26 `475M Warrants--procedure before entry 27 `(1) This section applies if an authorised person named in a 28 warrant issued under this subdivision in relation to a place is 29 intending to enter the place under the warrant. 30 Page 17

Transport and Other Legislation Amendment Bill 2009 Part 3 Amendment of Transport Infrastructure Act 1994 [s 14] `(2) Before entering the place the authorised person must do, or 1 make a reasonable attempt to do, the following-- 2 (a) identify himself or herself to a person who appears to be 3 an occupier of the place by producing a copy of the 4 authorised person's identity card; 5 (b) give the person a copy of the warrant; 6 (c) tell the person the authorised person is permitted by the 7 warrant to enter the place; 8 (d) give the person an opportunity to allow the authorised 9 person immediate entry to the place without using force. 10 `(3) However, the authorised person need not comply with 11 subsection (2) if the authorised person reasonably believes 12 that immediate entry to the place is required to ensure the 13 effective execution of the warrant is not frustrated. 14 `(4) Subsection (2)(a) does not apply to an authorised person who 15 is a police officer. 16 Note-- 17 See the Police Powers and Responsibilities Act 2000, section 637 for 18 provisions about police officers supplying details. 19 `Subdivision 3 Powers after entry 20 `475N General powers after entering places 21 `(1) This subdivision applies to an authorised person who enters a 22 place under subdivision 2. 23 `(2) However if, under section 475I(2), the authorised person 24 enters a place to ask the occupier's consent to enter a place, 25 this subdivision applies to the authorised person only if the 26 consent is given or the entry is otherwise authorised. 27 `(3) The authorised person may do any of the following-- 28 (a) search any part of the place; 29 Page 18

Transport and Other Legislation Amendment Bill 2009 Part 3 Amendment of Transport Infrastructure Act 1994 [s 14] (b) inspect, measure, test, film, photograph, videotape or 1 otherwise record an image of any part of the place or 2 anything at the place; 3 (c) take a thing, or a sample of or from a thing, at the place 4 for analysis, measurement or testing; 5 (d) take an extract from, or copy, a document at the place; 6 (e) take into or onto the place any equipment, materials or 7 persons the authorised person reasonably requires for 8 exercising a power under this division. 9 `(4) If the authorised person takes a sample or thing for analysis 10 under subsection (3)(c), the authorised person must-- 11 (a) give a receipt for the sample or thing to the person in 12 charge of the thing or place from which it was taken; 13 and 14 (b) for a sample or thing with an intrinsic value--at the end 15 of 6 months after the sample or thing was taken, return it 16 to the person who appears to be the owner of it or the 17 person in charge of the thing or place from which it was 18 taken. 19 Note-- 20 Section 475V provides for forfeiture of the sample or thing to 21 the State in particular circumstances. 22 `(5) However, if for any reason it is not practicable to comply with 23 subsection (4)(a), the authorised person must leave the receipt 24 at the place in a conspicuous position and in a reasonably 25 secure way. 26 `475O Power to require reasonable help or information 27 `(1) An authorised person may require the occupier of, or someone 28 else at, a place entered under subdivision 2 to give the 29 authorised person reasonable help to exercise any of the 30 powers mentioned in section 475N(3)(a) to (e). 31 `(2) A person must comply with a requirement under subsection 32 (1), unless the person has a reasonable excuse. 33 Page 19

Transport and Other Legislation Amendment Bill 2009 Part 3 Amendment of Transport Infrastructure Act 1994 [s 14] Maximum penalty--20 penalty units. 1 `(3) A requirement under subsection (1) does not include a 2 requirement to produce a document or give information. 3 `Subdivision 4 Removal of watercraft 4 `475P Notice of intention to remove watercraft 5 `(1) An authorised person who reasonably believes a watercraft is 6 anchored or moored in contravention of a waterway transport 7 management plan may give the watercraft's owner or operator 8 a notice of intention to remove the watercraft. 9 `(2) The notice must state the contravention and that the watercraft 10 may be removed by an authorised person if the watercraft is 11 not moved, within 14 days after the notice is given, to a place 12 that is not in contravention of a waterway transport 13 management plan. 14 `(3) Without limiting the ways the notice may be given, it may be 15 given by securely attaching it to the watercraft in a prominent 16 position. 17 `475Q Removing illegally anchored or moored watercraft 18 `(1) This section applies if-- 19 (a) a notice of intention to remove a watercraft has been 20 given under section 475P; and 21 (b) after the 14 days mentioned in the notice, the watercraft 22 is still anchored or moored in contravention of a 23 waterway transport management plan; and 24 (c) an authorised person-- 25 (i) can not immediately find the watercraft's owner or 26 operator; or 27 (ii) reasonably believes neither the watercraft's owner 28 nor operator is able or willing to move the 29 watercraft immediately. 30 Page 20

Transport and Other Legislation Amendment Bill 2009 Part 3 Amendment of Transport Infrastructure Act 1994 [s 14] `(2) The authorised person may take steps that are necessary and 1 reasonable to have the watercraft and anything in, on or 2 attached to it removed to a place that is not in contravention of 3 a waterway transport management plan. 4 `475R Removal of hazardous watercraft 5 `(1) This section applies if an authorised person reasonably 6 believes a watercraft is-- 7 (a) anchored or moored in contravention of a waterway 8 transport management plan; and 9 (b) a hazard to water traffic. 10 Example for paragraph (b)-- 11 A watercraft is a hazard to water traffic if it is on or beside the 12 course of a power boat race conducted under a consent under the 13 Transport Operations (Marine Safety) Act 1994, section 217(2). 14 `(2) The authorised person may take steps that are necessary and 15 reasonable to have the watercraft and anything in, on or 16 attached to it removed to a place that is not in contravention of 17 a waterway transport management plan. 18 `475S Giving notice of removal of watercraft 19 `(1) If a watercraft is removed under section 475Q or 475R, the 20 chief executive must give the watercraft's owner written 21 notice of the place where the watercraft has been taken. 22 `(2) However, if the chief executive can not find the owner after 23 making reasonable inquiries having regard to the watercraft's 24 value, the chief executive may give the notice by publishing it 25 in a newspaper circulating in the locality from which the 26 watercraft was removed. 27 `(3) In this section-- 28 watercraft includes anything in, on or attached to the 29 watercraft. 30 Page 21

Transport and Other Legislation Amendment Bill 2009 Part 3 Amendment of Transport Infrastructure Act 1994 [s 14] `475T Dealing with removed watercraft 1 `(1) This section applies if-- 2 (a) the chief executive gives notice under section 475S 3 about the removal of a watercraft; and 4 (b) the watercraft's owner does not take possession of the 5 watercraft and pay the amount of all expenses of 6 removal of the watercraft within 1 month after the notice 7 is given. 8 `(2) Having regard to the value and condition of the watercraft, the 9 chief executive may sell it by public auction or otherwise 10 dispose of it. 11 `(3) In this section-- 12 expenses of removal, of a watercraft, includes expenses of-- 13 (a) removing and detaining the watercraft; and 14 (b) giving notice under section 475S; and 15 (c) advertising for sale or other disposal of the watercraft; 16 and 17 (d) selling or otherwise disposing of the watercraft. 18 watercraft includes anything in, on or attached to the 19 watercraft. 20 `475U Proceeds from the sale of removed watercraft 21 `(1) If watercraft is sold under section 475T(2), the proceeds of the 22 sale must be applied-- 23 (a) first, in payment of the expenses of removal of the 24 watercraft reasonably incurred by the chief executive in 25 selling the watercraft; and 26 (b) second, in payment of any balance to the watercraft's 27 owner. 28 `(2) If the proceeds of the sale are less than the total of the 29 expenses mentioned in subsection (1)(a), the difference is a 30 debt owing by the owner to the State. 31 Page 22

Transport and Other Legislation Amendment Bill 2009 Part 3 Amendment of Transport Infrastructure Act 1994 [s 14] `(3) Compensation may not be recovered against the State in 1 relation to a payment under this section. 2 `(4) In this section-- 3 expenses of removal, of a watercraft, include expenses of-- 4 (a) removing and detaining the watercraft; and 5 (b) giving notice under section 475S; and 6 (c) advertising for sale or other disposal of the watercraft; 7 and 8 (d) selling or otherwise disposing of the watercraft. 9 watercraft includes anything in, on or attached to the 10 watercraft. 11 `475V Forfeiture by authorised person 12 `(1) A sample or thing taken for analysis under section 475N(3)(c) 13 is forfeited to the State if the authorised person who took, or 14 arranged the taking of, the sample or thing-- 15 (a) after making reasonable efforts, can not return it to its 16 owner; or 17 (b) after making reasonable inquiries, can not find its 18 owner. 19 `(2) For subsection (1), the authorised person is not required-- 20 (a) to make efforts if it would be unreasonable to make 21 efforts to return the sample or thing to its owner; or 22 (b) to make inquiries if it would be unreasonable to make 23 inquiries to find the owner. 24 Example for paragraph (b)-- 25 The owner of the sample or thing has migrated to another 26 country. 27 `(3) Regard must be had to the condition, nature and value of the 28 sample or thing in deciding-- 29 (a) whether it is reasonable to make efforts or inquiries; and 30 Page 23

Transport and Other Legislation Amendment Bill 2009 Part 3 Amendment of Transport Infrastructure Act 1994 [s 14] (b) if efforts or inquiries are made--what efforts or 1 inquiries, including the period over which they are 2 made, are reasonable. 3 `(4) In this section-- 4 owner, of a sample or thing taken for analysis, means the 5 person in charge of the sample or thing or place from which it 6 was taken. 7 `475W Dealing with forfeited sample or thing 8 `(1) On forfeiture of a sample or thing to the State, it becomes the 9 State's property and may be dealt with by the chief executive 10 in a way the chief executive reasonably believes is 11 appropriate. 12 `(2) Without limiting subsection (1), the chief executive may 13 destroy or dispose of the sample or thing. 14 `Subdivision 5 General enforcement matters 15 `475X Direction to stop contravening plan 16 `(1) If an authorised person considers a person is not complying 17 with a provision of a waterway transport management plan, 18 the authorised person may give the person a direction to 19 immediately stop contravening the plan in a stated way. 20 `(2) When giving the direction, the authorised person must tell the 21 person that it is an offence to fail to comply with the direction, 22 unless the person has a reasonable excuse. 23 `(3) The person must comply with the direction. 24 Maximum penalty for subsection (3)--40 penalty units. 25 `475Y Power to require name and address 26 `(1) This section applies if-- 27 Page 24

Transport and Other Legislation Amendment Bill 2009 Part 3 Amendment of Transport Infrastructure Act 1994 [s 14] (a) an authorised person finds a person committing an 1 offence against a waterway transport management plan; 2 or 3 (b) an authorised person finds a person in circumstances 4 that lead, or has information about a person that leads, 5 the authorised person to reasonably suspect the person 6 has just committed an offence against a waterway 7 transport management plan. 8 `(2) The authorised person may require the person to state the 9 person's name and residential address. 10 `(3) When making the requirement, the authorised person must 11 warn the person it is an offence to fail to state the person's 12 name or residential address unless the person has a reasonable 13 excuse. 14 `(4) The authorised person may also require the person to give 15 evidence of the correctness of the stated name or residential 16 address if the authorised person reasonably suspects the stated 17 name or address is false. 18 `(5) A person of whom a requirement is made under subsection (2) 19 or (4) must comply with the requirement unless the person has 20 a reasonable excuse. 21 Maximum penalty--20 penalty units. 22 `(6) A person does not commit an offence against subsection (5) 23 if-- 24 (a) the requirement was given because the authorised 25 person reasonably suspected the person had committed 26 an offence; and 27 (b) the person is not proved to have committed the offence. 28 `475Z False or misleading statements 29 `(1) A person must not state anything to an authorised person, in 30 relation to the authorised person's exercise of a power under 31 this division, that the person knows is false or misleading in a 32 material particular. 33 Page 25

Transport and Other Legislation Amendment Bill 2009 Part 3 Amendment of Transport Infrastructure Act 1994 [s 14] Maximum penalty--20 penalty units. 1 `(2) In a proceeding for an offence against subsection (1), it is 2 enough to state that the statement made was `false or 3 misleading' to the person's knowledge, without specifying 4 which. 5 `475ZA False or misleading documents 6 `(1) A person must not give an authorised person a document 7 containing information that the person knows is false or 8 misleading in a material particular. 9 Maximum penalty--20 penalty units. 10 `(2) Subsection (1) does not apply to a person if the person, when 11 giving the document-- 12 (a) tells the authorised person, to the best of the person's 13 ability, how the document is false or misleading; and 14 (b) if the person has, or can reasonably obtain, the correct 15 information--gives the correct information to the 16 authorised person. 17 `(3) In a proceeding for an offence against subsection (1), it is 18 enough to state the document was `false or misleading' to the 19 person's knowledge, without specifying which. 20 `475ZB Obstruction of authorised person 21 `(1) A person must not obstruct an authorised person, in relation to 22 the authorised person's exercise of a power under this 23 division, unless the person has a reasonable excuse. 24 Maximum penalty--20 penalty units. 25 `(2) If a person has obstructed an authorised person and the 26 authorised person decides to proceed with the exercise of the 27 power, the authorised person must warn the person that-- 28 (a) it is an offence to obstruct the authorised person unless 29 the person has a reasonable excuse; and 30 Page 26

Transport and Other Legislation Amendment Bill 2009 Part 3 Amendment of Transport Infrastructure Act 1994 [s 14] (b) the authorised person reasonably believes the person's 1 conduct is an obstruction. 2 `(3) In this section-- 3 obstruct includes assault, hinder, resist and attempt or 4 threaten to obstruct. 5 `475ZC Impersonating an authorised person 6 `A person must not pretend to be an authorised person. 7 Maximum penalty--40 penalty units. 8 `475ZD Notice of damage 9 `(1) This section applies if-- 10 (a) an authorised person damages something when 11 exercising, or purporting to exercise, a power under this 12 division; or 13 (b) another person acting under the direction or authority of 14 an authorised person when exercising or purporting to 15 exercise a power under this division damages 16 something. 17 `(2) The authorised person must give a signed notice to the person 18 who appears to be the owner or person in possession of the 19 thing. 20 `(3) If for any reason it is not practicable to comply with 21 subsection (2), the authorised person must leave the notice in 22 a conspicuous position and in a reasonably secure way at the 23 place where the damage happened. 24 `(4) The notice must state the particulars of the damage. 25 `(5) If the authorised person reasonably believes the damage was 26 caused by a latent defect in the thing or other circumstances 27 beyond the control of the authorised person or person acting 28 under the direction or authority of the authorised person, the 29 authorised person may state the belief in the notice. 30 Page 27

Transport and Other Legislation Amendment Bill 2009 Part 3 Amendment of Transport Infrastructure Act 1994 [s 15] `(6) However, an authorised person need not comply with this 1 section if the authorised person reasonably believes the 2 damage is trivial. 3 `475ZE Protection from liability 4 `(1) An authorised person is not civilly liable for an act or 5 omission done honestly and without negligence under this 6 division. 7 `(2) If subsection (1) prevents civil liability attaching to an 8 authorised person, the liability attaches instead to the State.'. 9 Clause 15 Insertion of new ch 18, pt 13 10 Chapter 18-- 11 insert-- 12 `Part 13 Transitional provisions for 13 Transport and Other 14 Legislation Amendment Act 15 2009 16 `Division 1 Prescribed development 17 applications 18 `553 Application of s 258 to prescribed development 19 applications 20 `(1) This section applies to a prescribed development application 21 made-- 22 (a) before, and not finally dealt with at, the commencement; 23 or 24 (b) within 6 months after the commencement. 25 `(2) The following provisions do not apply in relation to the 26 development application-- 27 Page 28

Transport and Other Legislation Amendment Bill 2009 Part 3 Amendment of Transport Infrastructure Act 1994 [s 15] (a) section 258(2)(b); 1 (b) section 258(3), to the extent it refers to the purpose 2 mentioned in section 258(2)(b). 3 `(3) In this section-- 4 commencement means the commencement of this section. 5 prescribed development application means a development 6 application made under the Integrated Planning Act 1997 for 7 which the chief executive is an assessment manager or a 8 referral agency under that Act. 9 `554 Application of s 287A to prescribed development 10 applications 11 `(1) Section 287A does not apply in relation to a prescribed 12 development application made-- 13 (a) before, and not finally dealt with at, the commencement; 14 or 15 (b) within 6 months after the commencement. 16 `(2) In this section-- 17 commencement means the commencement of this section. 18 prescribed development application means a development 19 application made under the Integrated Planning Act 1997 for 20 which the Minister or the chief executive is an assessment 21 manager or a referral agency under that Act. 22 `Division 2 Waterway transport management 23 plans 24 `555 Amendment of waterway transport management plan 25 by the amending Act does not affect powers of 26 Minister and Governor in Council 27 `(1) The amendment of a waterway transport management plan by 28 the amending Act does not affect-- 29 Page 29

Transport and Other Legislation Amendment Bill 2009 Part 4 Amendment of Transport Operations (Marine Safety) Act 1994 [s 16] (a) the power of the Minister to further amend the plan or to 1 repeal it; or 2 (a) the power of the Governor in Council to approve a 3 matter mentioned in paragraph (a). 4 `(2) In this section-- 5 amending Act means the Transport and Other Legislation 6 Amendment Act 2009. 7 a waterway transport management plan means-- 8 (a) the Transport Infrastructure (Gold Coast Waterways) 9 Management Plan 2000; or 10 (b) the Transport Infrastructure (Sunshine Coast 11 Waterways) Management Plan 2000; or 12 (c) the Transport Infrastructure (Yeppoon Waterways) 13 Management Plan 2000.'. 14 Part 4 Amendment of Transport 15 Operations (Marine Safety) Act 16 1994 17 Clause 16 Act amended 18 This part amends the Transport Operations (Marine Safety) 19 Act 1994. 20 Clause 17 Amendment of s 88 (Direction to master about operation 21 of ship in relation to pilotage area) 22 Section 88(1)(d), after `in'-- 23 insert-- 24 `, or adjacent to,'. 25 Page 30

Transport and Other Legislation Amendment Bill 2009 Part 4 Amendment of Transport Operations (Marine Safety) Act 1994 [s 18] Clause 18 Insertion of new pt 14A 1 After section 191-- 2 insert-- 3 `Part 14A General manager's powers of 4 direction 5 `191A Direction to master about operation of ship in relation 6 to pilotage area 7 `(1) The general manager may give a direction under this section 8 only if the general manager is satisfied that exceptional 9 circumstances exist to justify the general manager's 10 intervention in the public interest. 11 Examples of exceptional circumstances-- 12 � circumstances on board a ship that pose a serious risk to public 13 health including, for example, a contagious disease 14 � circumstances where a natural disaster has affected a community 15 and facilitating the off-loading of equipment or materials from a 16 ship would assist the community 17 `(2) The general manager may direct the master of a ship to 18 navigate or otherwise operate the ship in relation to a pilotage 19 area in a stated way, including, for example, in any of the 20 following ways-- 21 (a) not to cause the ship to enter the pilotage area; 22 (b) to cause the ship to enter the pilotage area in a stated 23 way; 24 (c) to navigate the ship in the pilotage area in a stated way; 25 (d) to anchor, berth or moor the ship at a stated place in, or 26 adjacent to, the pilotage area; 27 (e) to move the ship from an anchorage, berth or mooring in 28 the pilotage area; 29 (f) to cause the ship to leave the pilotage area or to leave the 30 pilotage area in a stated way. 31 Page 31

Transport and Other Legislation Amendment Bill 2009 Part 4 Amendment of Transport Operations (Marine Safety) Act 1994 [s 18] `(3) The direction may be given orally, in writing or in another 1 way. 2 `(4) Without limiting subsection (3)-- 3 (a) subject to the direction of the general manager, an oral 4 direction may be communicated on the general 5 manager's behalf by a harbour master, an agent of a 6 harbour master or a shipping inspector-- 7 (i) personally to a person; or 8 (ii) by phone, radio or or another form of electronic 9 communication; or 10 (iii) by megaphone or another form of distance 11 communication; or 12 (b) a written direction may be given by way of a written 13 notice published or otherwise reasonably made available 14 or known to any person to whom it applies, including, 15 for example, by publication in a newspaper or by a fax 16 or email; or 17 (c) a direction may be given in another way appropriate for 18 the maritime environment by being published or 19 otherwise reasonably made available or known to the 20 master, including, for example, by use of flags or lights. 21 `(5) The direction may be given to another person in control of the 22 ship if it is not practicable to give the particular direction to 23 the ship's master. 24 `(6) A direction given under subsection (5) to a person in control 25 of a ship, other than the ship's master, is taken to have been 26 given to the ship's master. 27 `(7) In a proceeding, if an issue arises about whether a direction 28 was given to a person, the party alleging the direction was 29 given must prove that the person had, or reasonably ought to 30 have had, knowledge of the direction. 31 Page 32

Transport and Other Legislation Amendment Bill 2009 Part 4 Amendment of Transport Operations (Marine Safety) Act 1994 [s 19] `(8) A person must not contravene a direction given under this 1 section, unless the person has a reasonable excuse for the 2 contravention. 3 Maximum penalty--500 penalty units. 4 `191B Direction to person in charge of a place 5 `(1) This section applies if-- 6 (a) the general manager gives a direction to the master of a 7 ship under section 191A(2); and 8 (b) the direction requires the master of the ship to anchor, 9 berth or moor the ship at a stated place in, or adjacent to, 10 a pilotage area. 11 `(2) The general manager may direct the person in charge of the 12 stated place in, or adjacent to, the pilotage area-- 13 (a) to allow a ship to be berthed at the place or moved from 14 the place; or 15 (b) to allow access through the place to and from the ship. 16 `(3) A person must comply with a direction under subsection (2), 17 unless the person has a reasonable excuse for not complying 18 with it. 19 Maximum penalty--500 penalty units.'. 20 Clause 19 Amendment of schedule (Dictionary) 21 Schedule, definition notice offence-- 22 insert-- 23 `� section 191A(8) 24 � section 191B(3)'. 25 Page 33

Transport and Other Legislation Amendment Bill 2009 Part 5 Amendment of Transport Operations (Passenger Transport) Act 1994 [s 20] Part 5 Amendment of Transport 1 Operations (Passenger 2 Transport) Act 1994 3 Clause 20 Act amended in pt 5 and schedule 4 This part and the schedule amend the Transport Operations 5 (Passenger Transport) Act 1994. 6 Clause 21 Amendment of s 10 (Obligations about public passenger 7 transport) 8 Section 10(1)(a)(i)-- 9 omit, insert-- 10 `(i) takes into account best practice and national 11 benchmarks; and'. 12 Clause 22 Amendment of s 79 (Suspension and cancellation of taxi 13 service licences) 14 Section 79(2)-- 15 insert-- 16 `(c) the person does not pay the fees or taxi industry security 17 levy payable in relation to the licence.'. 18 Clause 23 Amendment of s 94 (Preparation of draft standard) 19 Section 94(b)-- 20 omit, insert-- 21 `(b) takes into account best practice and national 22 benchmarks.'. 23 Page 34

Transport and Other Legislation Amendment Bill 2009 Part 5 Amendment of Transport Operations (Passenger Transport) Act 1994 [s 24] Clause 24 Insertion of new ch 13, pt 8 1 Chapter 13-- 2 insert-- 3 `Part 8 Transitional provision for 4 Transport and Other 5 Legislation Amendment Act 6 2009 7 `183 Amendment of regulation by Transport and Other 8 Legislation Amendment Act 2009 does not affect 9 powers of Governor in Council 10 `The amendment of the Transport Operations (Passenger 11 Transport) Regulation 2005 by the Transport and Other 12 Legislation Amendment Act 2009 does not affect the power of 13 the Governor in Council to further amend the regulation or to 14 repeal it.'. 15 Clause 25 Amendment of sch 1A (Driver disqualification offences) 16 (1) Schedule 1A, part 1, division 1, item 1, `14', first mention-- 17 omit, insert-- 18 `17'. 19 (2) Schedule 1A, part 1, division 1, item 2, from `offender'-- 20 omit, insert-- 21 `offender was aged between 17 and 20 (both inclusive) and 22 the person against whom the offence was committed was aged 23 between 14 and 20 (both inclusive)'. 24 (3) Schedule 1A, part 1, division 1, item 4, from `offender'-- 25 omit, insert-- 26 `offender was aged between 17 and 20 (both inclusive) and 27 the person against whom the offence was committed was aged 28 between 14 and 20 (both inclusive)'. 29 Page 35

Transport and Other Legislation Amendment Bill 2009 Part 5 Amendment of Transport Operations (Passenger Transport) Act 1994 [s 26] Clause 26 Amendment of sch 3 (Dictionary) 1 (1) Schedule 3, definition category A driver disqualifying offence, 2 after `means'-- 3 insert-- 4 `any of the following offences committed by a person when 5 the person was at least 17 years'. 6 (2) Schedule 3, definition category A driver disqualifying offence, 7 paragraph (a)-- 8 omit, insert-- 9 `(a) an offence against a provision of the Criminal Code 10 mentioned in schedule 1A, part 1, subject to any 11 qualification relating to the provision mentioned in the 12 part;'. 13 (3) Schedule 3, definition category A driver disqualifying offence, 14 paragraph (b), `or', at the end-- 15 omit. 16 (4) Schedule 3, definition category B driver disqualifying 17 offence-- 18 omit, insert-- 19 `category B driver disqualifying offence means-- 20 (a) any of the following that is not a category A driver 21 disqualifying offence-- 22 (i) an offence listed in the Commission for Children 23 and Young People and Child Guardian Act 2000, 24 schedule 2 or 2A, subject to any qualification 25 relating to the offence mentioned in the schedule; 26 (ii) an offence against a provision of an Act mentioned 27 in schedule 1A, part 2, subject to any qualification 28 relating to the provision mentioned in the part; 29 (iii) an offence of counselling or procuring the 30 commission of, or attempting or conspiring to 31 commit, an offence mentioned in subparagraph (i) 32 Page 36

Transport and Other Legislation Amendment Bill 2009 Part 6 Amendment of Transport Operations (Passenger Transport) Regulation 2005 [s 27] or (ii), and to which paragraph (i) or (ii) does not 1 otherwise apply; 2 (iv) an offence against a law of another jurisdiction, 3 including a jurisdiction outside Australia, that 4 substantially corresponds to an offence mentioned 5 in subparagraph (i), (ii) or (iii); or 6 (b) an offence mentioned in the definition category A driver 7 disqualifying offence, paragraph (a), (b) or (c), 8 committed by a person when the person was under 17 9 years.'. 10 Part 6 Amendment of Transport 11 Operations (Passenger 12 Transport) Regulation 2005 13 Clause 27 Regulation amended 14 This part amends the Transport Operations (Passenger 15 Transport) Regulation 2005. 16 Clause 28 Amendment of s 55 (Amendment, suspension and 17 cancellation of taxi service licences--Act, ss 75(1) and 18 79) 19 Section 55(2)(c), `fees payable for the licence remain'-- 20 omit, insert-- 21 `fees, or a taxi industry security levy, payable for the licence 22 remains'. 23 Clause 29 Amendment of sch 11 (Dictionary) 24 Schedule 11-- 25 insert-- 26 Page 37

Transport and Other Legislation Amendment Bill 2009 Part 7 Amendment of Transport Operations (Road Use Management) Act 1995 [s 30] `accommodation house means a place providing lodging or 1 food and lodging to the public.'. 2 Part 7 Amendment of Transport 3 Operations (Road Use 4 Management) Act 1995 5 Clause 30 Act amended 6 This part amends the Transport Operations (Road Use 7 Management) Act 1995. 8 Clause 31 Amendment of s 31 (Power to stop private vehicles) 9 (1) Section 31(1)-- 10 insert-- 11 `(c) if the officer reasonably believes the driver has just 12 committed, or is committing, an offence against the 13 Queensland Road Rules, section 154(1) or 156(1). 14 Note-- 15 For the expiry of paragraph (c) and subsection (2AA), see section 16 170A.'. 17 (2) Section 31(2A), `subsection (1) or (2)'-- 18 omit, insert-- 19 `subsection (1)(a) or (b) or (2)'. 20 (3) After section 31(2A)-- 21 insert-- 22 `(2AA) In addition, an authorised officer who is not a police officer 23 may only make a requirement under subsection (1)(c) on a 24 business day during the period between 6a.m. and 7p.m.'. 25 Page 38

Transport and Other Legislation Amendment Bill 2009 Part 7 Amendment of Transport Operations (Road Use Management) Act 1995 [s 32] Clause 32 Amendment of s 48 (Power to require name and address) 1 Section 48(1)(b)-- 2 insert-- 3 `Example of an offence against a transport Act-- 4 an offence against the Queensland Road Rules, section 154(1) or 5 156(1)'. 6 Clause 33 Amendment of s 49 (Power to require documents to be 7 produced) 8 (1) Section 49(1), `subsection (2A)'-- 9 omit, insert-- 10 `subsections (2A) and (2B)'. 11 (2) Section 49(2A), `Only'-- 12 omit, insert-- 13 `Unless subsection (2B) applies, only'. 14 (3) Section 49-- 15 insert-- 16 `(2B) An authorised officer who is not a police officer may require 17 the driver of a private vehicle to produce his or her driver 18 licence under subsection (1) if the officer reasonably believes 19 the driver has just committed, or is committing, an offence 20 against the Queensland Road Rules, section 154(1) or 156(1). 21 `(2C) If a driver mentioned in subsection (2B) holds an open licence 22 but is unable to comply with the requirement immediately, the 23 driver may comply with the requirement by producing the 24 licence to the chief executive, at a place nominated by the 25 authorised officer, within 2 business days after the 26 requirement is made. 27 `(2D) The place nominated under subsection (2C) must be an office 28 of the department that is reasonable in the circumstances. 29 Note-- 30 For the expiry of subsections (2B) to (2D), see section 170A.'. 31 Page 39

Transport and Other Legislation Amendment Bill 2009 Part 8 Amendment of Transport Planning and Coordination Act 1994 [s 34] Clause 34 Insertion of new s 170A 1 After section 170-- 2 insert-- 3 `170A Expiry and amendment of certain provisions 4 `(1) This section, section 31(1)(c) and the note, and sections 5 31(2AA) and 49(2B) to (2D) expire on 31 March 2011. 6 `(2) However, before 31 March 2011, a regulation may extend the 7 expiry to a stated day of not later than 31 March 2012. 8 `(3) Immediately before the expiry, this Act is amended as 9 follows-- 10 (a) section 31(2A), `subsection (1)(a) or (b) or (2)'-- 11 omit, insert-- 12 `subsection (1) or (2)'; 13 (b) section 49(1), `subsections (2A) and (2B)'-- 14 omit, insert-- 15 `subsection (2A)'; 16 (c) section 49(2A), `Unless subsection (2B) applies, 17 only'-- 18 omit, insert-- 19 `Only'.'. 20 Part 8 Amendment of Transport 21 Planning and Coordination Act 22 1994 23 Clause 35 Act amended 24 This part amends the Transport Planning and Coordination 25 Act 1994. 26 Page 40

Transport and Other Legislation Amendment Bill 2009 Part 8 Amendment of Transport Planning and Coordination Act 1994 [s 36] Clause 36 Amendment of s 3 (Definitions) 1 (1) Section 3-- 2 insert-- 3 `public passenger service see the Transport Operations 4 (Passenger Transport) Act 1994, schedule 3. 5 public passenger transport means the carriage of passengers 6 by a public passenger service using a public passenger 7 vehicle. 8 public passenger vehicle see the Transport Operations 9 (Passenger Transport) Act 1994, schedule 3.'. 10 (2) Section 3, definition public passenger transport 11 infrastructure, paragraphs (a) to (i)-- 12 omit, insert-- 13 `(a) a transit terminal for public passenger services; 14 Examples-- 15 an airport terminal, a coach terminal, a cruise ship terminal 16 (b) a ferry terminal, jetty, pontoon or landing for ferry 17 services; 18 (c) a bus stop, bus shelter, bus station or bus lay-by; 19 (d) a busway station; 20 (e) a light rail station; 21 (f) a taxi rank, limousine rank or limousine standing area; 22 (g) a railway station; 23 (h) vehicle parking and set-down facilities; 24 (i) pedestrian and bicycle paths and bicycle facilities; 25 (j) a road on which a public passenger service operates.'. 26 Clause 37 Amendment of s 8A (Object of pt 2A) 27 (1) Section 8A(2)(b) to (g)-- 28 renumber as section 8A(2)(c) to (h). 29 Page 41

Transport and Other Legislation Amendment Bill 2009 Part 9 Amendment of Transport Security (Counter-Terrorism) Act 2008 [s 38] (2) Section 8A(2)(a)-- 1 omit, insert-- 2 `(a) ensuring, as far as practicable, development does not 3 have a significant adverse impact on any of the 4 following-- 5 (i) existing or future public passenger transport; 6 (ii) existing or future public passenger transport 7 infrastructure; and 8 (b) ensuring development addresses any impacts on the 9 development from environmental emissions generated 10 by any of the following-- 11 (i) existing or future public passenger transport; 12 (ii) existing or future public passenger transport 13 infrastructure; and 14 Examples of environmental emissions-- 15 air particles, fumes, light, noise'. 16 Part 9 Amendment of Transport 17 Security (Counter-Terrorism) 18 Act 2008 19 Clause 38 Act amended 20 This part amends the Transport Security (Counter-Terrorism) 21 Act 2008. 22 Clause 39 Amendment of schedule (Dictionary) 23 Schedule-- 24 insert-- 25 `law enforcement agency includes the following-- 26 Page 42

Transport and Other Legislation Amendment Bill 2009 Part 10 Other amendments [s 40] (a) the Australian Federal Police; 1 (b) a police force or service of another State; 2 (c) a department of government, agency, authority, 3 commission, instrumentality, office, or other entity of 4 any State or the Commonwealth established for a law 5 enforcement or counter-terrorism purpose; 6 (d) a part of an entity mentioned in paragraph (c); 7 (e) an officer, employee or member of an entity mentioned 8 in any of paragraphs (a) to (d).'. 9 Part 10 Other amendments 10 Clause 40 Legislation amended in schedule 11 (1) The schedule amends the legislation it mentions. 12 (2) However, subsection (1) does not apply in relation to 13 particular legislation if another provision of this Act states 14 that the schedule amends the particular legislation. 15 Page 43

Transport and Other Legislation Amendment Bill 2009 Schedule Schedule Legislation amended 1 sections 4, 21 and 40 2 State Penalties Enforcement Act 1999 3 1 Part 10-- 4 insert-- 5 `Division 5 Transitional provision for Transport 6 and Other Legislation Amendment 7 Act 2009 8 `181 Amendment of regulation by Transport and Other 9 Legislation Amendment Act 2009 does not affect powers 10 of Governor in Council 11 `The amendment of the State Penalties Enforcement 12 Regulation 2000 by the Transport and Other Legislation 13 Amendment Act 2009 does not affect the power of the 14 Governor in Council to further amend the regulation or to 15 repeal it.'. 16 State Penalties Enforcement Regulation 2000 17 1 Schedule 3, entry for Transport Infrastructure Act 1994, 18 entry for section 282J, `Cairns Port Authority'-- 19 omit, insert-- 20 `Far North Queensland Ports Corporation Limited'. 21 Page 44

Transport and Other Legislation Amendment Bill 2009 Schedule 2 Schedule 3, entry for the Transport Infrastructure (Gold 1 Coast Waterways) Management Plan 2000, authorised 2 person for service of infringement notices entry-- 3 omit, insert-- 4 `Authorised person for service of infringement notices--an authorised 5 person for a waterway transport management plan under the Transport 6 Infrastructure Act 1994, section 475A'. 7 3 Schedule 3, entry for the Transport Infrastructure 8 (Sunshine Coast Waterways) Management Plan 2000, 9 authorised person for service of infringement notices 10 entry-- 11 omit, insert-- 12 `Authorised person for service of infringement notices--an authorised 13 person for a waterway transport management plan under the Transport 14 Infrastructure Act 1994, section 475A'. 15 4 Schedule 3, entry for the Transport Infrastructure 16 (Yeppoon Waterways) Management Plan 2000, authorised 17 person for service of infringement notices entry-- 18 omit, insert-- 19 `Authorised person for service of infringement notices--an authorised 20 person for a waterway transport management plan under the Transport 21 Infrastructure Act 1994, section 475A'. 22 Transport Infrastructure Act 1994 23 1 Section 49(3)(a), `or'-- 24 omit. 25 Page 45

Transport and Other Legislation Amendment Bill 2009 Schedule 2 Section 64, `subsection 62(1)'-- 1 omit, insert-- 2 `section 62(1)'. 3 3 Sections 85B(2) and 93A(2), `section 45'-- 4 omit, insert-- 5 `section 71'. 6 4 Section 105B, definition final notice, `section 105GF(3)'-- 7 omit, insert-- 8 `section 105GE(4)'. 9 5 Section 105GA(5), `Act'-- 10 omit, insert-- 11 `section'. 12 6 Section 105ZC(4)(c), `section 105ZB(4)'-- 13 omit, insert-- 14 `section 105ZB(1)'. 15 7 Section 182(1)(a), at the end, `or'-- 16 omit, insert-- 17 `and'. 18 8 Section 262, `(Conditions must be reviewed)'-- 19 omit, insert-- 20 `(Reviewing imposed conditions of lease)'. 21 Page 46

Transport and Other Legislation Amendment Bill 2009 Schedule 9 Section 336(2), definition emergency service, paragraph 1 (b), `Authority'-- 2 omit, insert-- 3 `Service'. 4 10 Section 336(2), definition emergency service, paragraph 5 (d), `Services'-- 6 omit, insert-- 7 `Service'. 8 11 Section 374(1)(b), `owing'-- 9 omit, insert-- 10 `owning'. 11 12 Section 403(5)(b), `division'-- 12 omit, insert-- 13 `chapter'. 14 13 Section 463(1)(a), `chapter 7'-- 15 omit, insert-- 16 `chapter 8'. 17 14 Section 481(d) and (e)-- 18 renumber as section 481(b) and (c). 19 15 Section 486, heading, after `Act'-- 20 insert-- 21 `1991'. 22 Page 47

Transport and Other Legislation Amendment Bill 2009 Schedule 16 Section 492, heading, after `Act'-- 1 insert-- 2 `1976'. 3 17 Schedule 2, item 8-- 4 omit. 5 18 Schedule 2, items 9 and 10-- 6 renumber as items 8 and 9. 7 19 Schedule 6, definitions, access, dangerous goods (first 8 occurring), declaration, establishment, interference, land 9 and place-- 10 omit. 11 20 Schedule 6-- 12 insert-- 13 `court, for chapter 7, part 6, see section 213B. 14 data logger recording, for chapter 7, part 6, see section 213B. 15 data logger recording information, for chapter 7, part 6, see 16 section 213B. 17 declaration-- 18 (a) for chapter 6, part 5, division 2, subdivision 2, see 19 section 53; or 20 (b) for chapter 6, part 8, for a local government tollway, see 21 section 105B. 22 extractive material, for chapter 8, see section 267. 23 land-- 24 (a) for chapter 6, part 5, division 2, subdivision 2, for land 25 adjacent to a State-controlled road, see section 53; or 26 (b) for chapter 6, and for chapters 9 to 12, includes-- 27 Page 48

Transport and Other Legislation Amendment Bill 2009 Schedule (i) an interest in land; and 1 (ii) land within the beds and banks of a watercourse or 2 inundated land; and 3 (iii) land beneath the internal waters of Queensland; or 4 (c) for chapter 7 includes-- 5 (i) a reserve within the meaning of the Land Act 1994 6 or a road; and 7 (ii) land within the beds or banks of a watercourse or 8 inundated land; or 9 (d) for chapter 7, part 7 and for chapters 9 to 12, includes 10 the airspace above, and the land below, the surface; or 11 (e) for chapter 8, see section 267. 12 occupier, of a place that is a watercraft, see section 475H. 13 permitted road access location, for chapter 6, part 5, division 14 2, subdivision 2, see section 53. 15 place-- 16 (a) for chapter 7, part 5, see section 170; or 17 (b) for chapter 15, part 2, division 4, see section 475H. 18 road access location, for chapter 6, part 5, division 2, 19 subdivision 2, see section 53. 20 waterway transport management plan see section 472(1).'. 21 21 Schedule 6, definition ancillary works and 22 encroachments,`, for, means'-- 23 omit, insert-- 24 `means'. 25 22 Schedule 6, definition authorised person, paragraphs (a) 26 and (b)-- 27 omit, insert-- 28 Page 49

Transport and Other Legislation Amendment Bill 2009 Schedule `(a) for chapter 15, part 2--a person who is an authorised 1 person for a waterway transport management plan under 2 section 475A; or 3 (b) for a person who is appointed under a regulation as an 4 authorised person relating to a matter as stated in the 5 regulation--a person appointed under the regulation as 6 an authorised person for the matter; or 7 (c) otherwise--a person who is an authorised person under 8 the Transport Operations (Passenger Transport) Act 9 1994, section 111.'. 10 23 Schedule 6, definition local government tollway corridor 11 land, after `part 8'-- 12 insert-- 13 `and section 249'. 14 24 Schedule 6, definition Queensland Competition Authority, 15 `section 5'-- 16 omit, insert-- 17 `section 7'. 18 25 Schedule 6, definition road access works, `, for, means'-- 19 omit, insert-- 20 `means'. 21 26 Schedule 6, definition wild river area, `2'-- 22 omit. 23 Page 50

Transport and Other Legislation Amendment Bill 2009 Schedule Transport Infrastructure (Gold Coast Waterways) 1 Management Plan 2000 2 1 Parts 10 and 11-- 3 omit. 4 2 Schedule 1, part 1, heading, after `floodways'-- 5 insert-- 6 `,'. 7 3 Schedule 4, heading, `section 14'-- 8 omit, insert-- 9 `section 13'. 10 4 Schedule 6, definitions film and photograph-- 11 omit. 12 Transport Infrastructure (Sunshine Coast Waterways) 13 Management Plan 2000 14 1 Parts 11 and 12-- 15 omit. 16 2 Schedule 5, definitions film and photograph-- 17 omit. 18 Page 51

Transport and Other Legislation Amendment Bill 2009 Schedule Transport Infrastructure (Yeppoon Waterways) 1 Management Plan 2000 2 1 Part 5, first occurring and part 5, second occurring-- 3 omit. 4 Transport Operations (Passenger Transport) Act 1994 5 1 Section 6(4), from `SEQTA' to `1994'-- 6 omit, insert-- 7 `TransLink area under the Transport Operations (TransLink 8 Transit Authority) Act 2008'. 9 2 Section 155, heading, `Regulations'-- 10 omit, insert-- 11 `Regulation-making power'. 12 3 Chapter 13, part 5 as inserted by Act No. 32 of 2008, 13 section 101-- 14 renumber as part 6. 15 4 Section 180 as inserted by Act No. 32 of 2008, section 16 101-- 17 renumber as section 181. 18 5 Schedule 3, definition accommodation house-- 19 omit. 20 Page 52

� State of Queensland 2009

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