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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
TRANSPORT LEGISLATION
AMENDMENT BILL 1996
Queensland
TRANSPORT LEGISLATION
AMENDMENT BILL 1996
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
PART 2--AMENDMENT OF TRAFFIC ACT 1949
3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Amendment of s 44P (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
5 Replacement of s 44Q (Offences detected by photographic
detection device) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
44Q Offences detected by photographic detection device . . . . . . . . . . . . 6
6 Replacement of s 44R (Procedure in relation to camera-detected
offences) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
44R Limitation of prosecution period extended in particular
circumstances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
7 Amendment of s 44S (Notice accompanying summons) . . . . . . . . . . . . . . . 8
8 Omission of s 44T (Payment of penalty) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
9 Amendment of s 44U (Photographic evidence--inspection and
challenges) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
10 Replacement of s 44V (Effect of action under the Justices Act, pt 4A) . . . 9
44V Notice of dispute about traffic control device or sign . . . . . . . . . . . . 10
11 Amendment of s 44W (Evidentiary provisions) . . . . . . . . . . . . . . . . . . . . . . 10
12 Insertion of new s 44X . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
44X Application of the Justices Act, pt 4A . . . . . . . . . . . . . . . . . . . . . . . . 11
13 Amendment of s 49 (Facilitation of proof) . . . . . . . . . . . . . . . . . . . . . . . . . . 11
2
Transport Legislation Amendment
PART 3--AMENDMENT OF TRANSPORT INFRASTRUCTURE
(ROADS) ACT 1991
14 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
15 Insertion of new s 9.17A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
9.17A Nomination of responsible operator . . . . . . . . . . . . . . . . . . . . . . . . . . 14
16 Amendment of sch 1 (Subject matter for regulations) . . . . . . . . . . . . . . . . . 15
PART 4--AMENDMENT OF TRANSPORT OPERATIONS
(ROAD USE MANAGEMENT) ACT 1995
17 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
18 Insertion of new s 77A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
77A Nomination of responsible operator . . . . . . . . . . . . . . . . . . . . . . . . . . 16
PART 5--AMENDMENT OF JUSTICES ACT 1886
19 Act amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
20 Amendment of s 266 (Regulations) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
1996
A BILL
FOR
An Act to amend various Acts to provide for the extension of
cameradetected offences, and for other purposes
s1 4 s4
Transport Legislation Amendment
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
title 3
Short
Clause 1. This Act may be cited as the Transport Legislation Amendment Act 4
1996. 5
6
Commencement
Clause 2.(1) Section 18 commences on the repeal of the Transport 7
Infrastructure (Roads) Act 1991, section 9.17A. 8
(2) The remaining provisions of this Act commence on a day to be fixed 9
by proclamation. 10
PART 2--AMENDMENT OF TRAFFIC ACT 1949 11
amended in pt 2 12
Act
Clause 3. This part amends the Traffic Act 1949. 13
of s 44P (Interpretation) 14
Amendment
Clause 4.(1) Section 44P, definitions "camera-detected offence" and 15
"prescribed offence"-- 16
omit, insert-- 17
` "camera-detected offence" means a prescribed offence in respect of 18
which-- 19
(a) the infringement notice under the Justices Act 1886, part 4A; or 20
(b) the complaint or summons; 21
s4 5 s4
Transport Legislation Amendment
indicates that the offence was detected by a photographic detection 1
device. 2
"prescribed offence" means an offence prescribed by regulation for this 3
part that is an offence against this Act or another transport Act.'. 4
(2) Section 44P-- 5
insert-- 6
` "corresponding transport law", to a transport Act or a provision of a 7
transport Act, means a law of the Commonwealth or another State that 8
provides for the same matter as-- 9
(a) for a transport Act--the Act or a provision of the Act; or 10
(b) for a provision of a transport Act--the provision. 11
"owner" means-- 12
(a) if the vehicle is registered-- 13
(i) if there is a responsible operator--the responsible operator at 14
the time the alleged offence happened unless 15
subparagraph (iii) or (iv) applies; or 16
(ii) if there was no responsible operator at the time--the person 17
in whose name the vehicle is registered under a transport Act 18
or a corresponding transport law at the time the alleged 19
offence happened unless subparagraph (iii) or (iv) applies; or 20
(iii) if the vehicle is bailed for more than 14 days--the bailee at 21
the time the alleged offence happened; or 22
(iv) if the vehicle is used under a hiring agreement (not being a 23
hire purchase agreement)--the person who contracted to use 24
the vehicle; or 25
(b) if the vehicle is unregistered-- 26
(i) if there is a responsible operator--the responsible operator 27
immediately before expiry of the registration unless 28
subparagraph (iii) or (iv) applies; or 29
(ii) if there was no responsible operator immediately before 30
expiry--the person in whose name the vehicle was 31
registered under a transport Act or a corresponding transport 32
s5 6 s5
Transport Legislation Amendment
law immediately before the expiry unless subparagraph (iii) 1
or (iv) applies; or 2
(iii) if the vehicle is bailed for more than 14 days--the bailee at 3
the time the alleged offence happened; or 4
(iv) if the vehicle is used under a hiring agreement (not being a 5
hire purchase agreement)--the person who contracted to use 6
the vehicle. 7
"responsible operator" means a person nominated as responsible operator 8
under the Transport Infrastructure (Roads) Act 1991, section 9.17A 9
or under the Transport Operations (Road Use Management) Act 1995 10
or a person corresponding to a responsible operator under a 11
corresponding transport law. 12
"transport Act" means an Act administered by the Minister.'. 13
of s 44Q (Offences detected by photographic detection 14
Replacement
device) 15
Clause 5. Section 44Q-- 16
omit, insert-- 17
detected by photographic detection device 18
`Offences
`44Q.(1) If a prescribed offence happens and the offence is detected by a 19
photographic detection device, a person is taken to have committed the 20
offence if the person was the owner of the vehicle that was involved in the 21
offence at the time the offence happened even though the actual offender 22
may have been someone else. 23
`(2) If the actual offender is someone else, subsection (1) does not affect 24
the liability of the actual offender but the owner and the actual offender can 25
not both be punished for the offence. 26
`(3) It is a defence for a person charged with a camera-detected offence 27
under subsection (1) to prove that-- 28
(a) the person was not the driver of the vehicle at the time the offence 29
happened; and 30
(b) the person-- 31
s5 7 s5
Transport Legislation Amendment
(i) subject to subsection (5), has notified the commissioner or 1
chief executive of the name and address of the person who 2
drove the vehicle at the time the offence happened; or 3
(ii) did not know and could not, with reasonable diligence, have 4
ascertained the name and address of the person who drove 5
the vehicle at the time the offence happened. 6
`(4) For subsection (3)(b)(i) and (ii), the person must notify the 7
commissioner or chief executive about the matters specified and other 8
relevant information in the approved form. 9
`(5) The defence under subsection 3(b)(i) is not available unless notice 10
under subsection (3)(b)(i) is given to the commissioner or chief executive 11
by the person within 4 months of the first given of-- 12
(a) written notice from the commissioner or chief executive to the 13
owner alleging a camera-detected offence; or 14
(b) an infringement notice under the Justices Act 1886, part 4A. 15
`(6) For subsection (3)(b)(ii) a person must prove that-- 16
(a) at the time the offence happened, the person-- 17
(i) exercised reasonable control over the vehicle's use; and 18
(ii) had in place a reasonable way of finding out the name and 19
address of the driver of the vehicle at any given time having 20
regard to-- 21
(A) the number of drivers; and 22
(B) the amount and frequency of use; and 23
(C) whether the vehicle was driven for business or private 24
use; and 25
(b) after the offence happened, the person made proper search and 26
enquiry to ascertain the name and address of the person who 27
drove the vehicle at the time the offence happened. 28
`(7) Subsection (6) does not apply if the person is able to prove that at the 29
time the offence happened the vehicle-- 30
(a) was stolen or illegally taken; or 31
(b) had already been sold or otherwise disposed of. 32
s6 8 s7
Transport Legislation Amendment
`(8) A person who falsely nominates another person under 1
subsection (3)(b)(i) as the driver of the vehicle at the time the offence 2
happened, commits an offence. 3
Maximum penalty--40 penalty units. 4
`(9) A notification purporting to have been given for a body corporate by 5
a director, manager or secretary of the body corporate is to be taken to have 6
been given by the body corporate.'. 7
of s 44R (Procedure in relation to camera-detected 8
Replacement
offences) 9
Clause 6. Section 44R-- 10
omit, insert-- 11
of prosecution period extended in particular 12
`Limitation
circumstances 13
`44R.(1) Subsection (2) applies if a conviction or an enforcement order 14
against a person for a camera-detected offence is set aside because the 15
person can not be proved to be the driver of the vehicle at the time the 16
prescribed offence happened. 17
`(2) If a conviction or an enforcement order is set aside, despite any other 18
Act, proceedings for a camera-detected offence may be started against 19
another person within 3 months of the setting aside of the conviction or 20
enforcement order. 21
`(3) For this section, a conviction without recording the conviction, is 22
taken to be a conviction.'. 23
of s 44S (Notice accompanying summons) 24
Amendment
Clause 7. Section 44S(1)-- 25
omit, insert-- 26
`44S.(1) A notice, complaint or summons served on a person for a 27
camera-detected offence must be accompanied by written information 28
about-- 29
s8 9 s 10
Transport Legislation Amendment
(a) if the person has been nominated under section 44Q(3)(b)(i) as 1
the person who drove the vehicle at the time the offence 2
happened--the particulars of the nomination; and 3
(b) the provisions of section 44Q; and 4
(c) the right to examine and challenge an image from a photographic 5
detection device under section 44U.'. 6
of s 44T (Payment of penalty) 7
Omission
Clause 8. Section 44T-- 8
omit. 9
of s 44U (Photographic evidence--inspection and 10
Amendment
challenges) 11
Clause 9.(1) Section 44U(1), (2) and (4), `photographic evidence'-- 12
omit, insert-- 13
`image from a photographic detection device'. 14
(2) Section 44U(2), `14'-- 15
omit, insert-- 16
`21'. 17
(3) Section 44U(3), `7'-- 18
omit, insert-- 19
`14'. 20
(4) Section 44U(4), `3'-- 21
omit, insert-- 22
`7'. 23
of s 44V (Effect of action under the Justices Act, pt 4A) 24
Replacement
Clause 10. Section 44V-- 25
omit, insert-- 26
s 11 10 s 11
Transport Legislation Amendment
of dispute about traffic control device or sign 1
`Notice
`44V. If a person intends to dispute that a traffic control device or sign 2
was functioning without defect or was visible, the person must give the 3
commissioner written notice of the intention, specifying the device or sign, 4
at least 7 days before the day fixed for the hearing.'. 5
of s 44W (Evidentiary provisions) 6
Amendment
Clause 11.(1) Section 44W(2), `A photograph'-- 7
omit, insert-- 8
`An image'. 9
(2) Section 44W(2), `photograph'-- 10
omit, insert-- 11
`image'. 12
(3) Section 44W(3), `a photograph'-- 13
omit, insert-- 14
`an image'. 15
(4) Section 44W(3), `photographs'-- 16
omit, insert-- 17
`images'. 18
(5) Section 44W(3), `photograph'-- 19
omit, insert-- 20
`image'. 21
(6) Section 44W(4)-- 22
renumber as section 44W(6). 23
(7) After section 44W(3)-- 24
insert-- 25
`(4) A marking or writing made by a photographic detection device on an 26
image is taken to have the meaning prescribed under a regulation and is 27
evidence of what it is taken to mean. 28
s 12 11 s 13
Transport Legislation Amendment
`(5) In a proceeding for a camera-detected offence a document purporting 1
to be issued or signed by the chief executive of an entity responsible for the 2
registration of motor vehicles under a law of this or another State stating 3
that at a specified time or during a specified period a person was the owner 4
of a vehicle is evidence of those matters.'. 5
of new s 44X 6
Insertion
Clause 12. After section 44W-- 7
insert-- 8
of the Justices Act, pt 4A 9
`Application
`44X.(1) The Justices Act 1886, part 4A, applies to camera-detected 10
offences subject to this part. 11
`(2) If there is any inconsistency between the Justices Act 1886, part 4A 12
and this part, the provisions of this part prevail. 13
`(3) Without limiting subsection (1) or (2), for the Justices Act 1886, 14
part 4A-- 15
(a) "owner" means the owner as defined in this part; and 16
(b) a reference to "person in charge" or "user" is, if the context 17
permits, taken to be a reference to the driver of the vehicle; and 18
(c) a reference to "illegal user declaration", "known user 19
declaration", "sold vehicle declaration" or "unknown user 20
declaration" or declaration generally is taken to be a reference to 21
the appropriate approved form for section 44Q; and 22
(d) the Justices Act 1886 sections 98G(2), 98H(5), 98I(5) and 98J(2) 23
are subject to section 44Q and in particular section 44Q(6) applies 24
instead of the Justices Act 1886, section 98J(2)(b).'. 25
of s 49 (Facilitation of proof) 26
Amendment
Clause 13. Section 49(1)-- 27
insert-- 28
s 13 12 s 13
Transport Legislation Amendment
`(oa)a document purporting to be signed by the commissioner or chief 1
executive stating that the document is a true copy of a plan of 2
installation of a photographic detection device at a place, showing 3
any features of the installation, road infrastructure, road 4
boundaries or road markings is evidence of the things shown in 5
the document; 6
(pd) a certificate purporting to be signed by the commissioner, chief 7
executive or a superintendent certifying that a laser speed 8
detection device has been-- 9
(i) tested at a specified time-- 10
(A) in accordance with the appropriate Australian Standard 11
that is in force at the time; or 12
(B) if there is no appropriate standard--in accordance with 13
the manufacturer's specifications; and 14
(ii) found to produce accurate results at the specified time; 15
is evidence of the matters stated and evidence the device was 16
producing accurate results at the time of testing and for 1 year 17
after the time; 18
`(pe)a certificate purporting to be signed by a police officer stating that 19
a specified laser speed detection device was used by the officer-- 20
(i) at a specified time; and 21
(ii) in accordance with-- 22
(A) the appropriate Australian Standard that is in force at 23
the time; or 24
(B) if there is no appropriate standard--the manufacturer's 25
specifications; 26
is evidence of the matter stated; 27
`(pf) a certificate purporting to be signed by the commissioner, chief 28
executive or a superintendent certifying that a photographic 29
detection device has been-- 30
(i) tested at a specified time in accordance with 31
section 49(1)(pa) or (pd); and 32
s 14 13 s 14
Transport Legislation Amendment
(ii) found to produce accurate results at the specified time; 1
is evidence of the matters stated and evidence the photographic 2
detection device was producing accurate results at the time of 3
testing and for 1 year after the time; 4
`(ta) evidence that a number plate showing a particular registration 5
number was attached to a motor vehicle at a particular time is 6
evidence that the motor vehicle is the motor vehicle noted in the 7
register of vehicles as then having that registration number; 8
`(tb) a certificate purporting to be signed by the commissioner, chief 9
executive or a superintendent certifying that a breath analysing 10
instrument has been-- 11
(i) tested at a specified time-- 12
(A) in accordance with the appropriate Australian Standard 13
that is in force at the time using devices or substances 14
certified or otherwise authenticated under the National 15
Measurements Act 1960 (Cwlth); or 16
(B) if there is no appropriate standard--in accordance with 17
the manufacturer's specifications using devices or 18
substances certified or otherwise authenticated under 19
the National Measurements Act 1960 (Cwlth); and 20
(ii) found to produce accurate results at the specified time; 21
is evidence of the matters stated and evidence the breath analysing 22
instrument was producing accurate results at the time of testing 23
and for 1 year after the time.'. 24
ART 3--AMENDMENT OF TRANSPORT 25
P
INFRASTRUCTURE (ROADS) ACT 1991 26
amended in pt 3 27
Act
Clause 14. This part amends the Transport Infrastructure (Roads) Act 1991. 28
s 15 14 s 15
Transport Legislation Amendment
of new s 9.17A 1
Insertion
Clause 15. After section 9.17-- 2
insert-- 3
of responsible operator 4
`Nomination
`9.17A.(1) If an owner has previously claimed the owner was not the 5
driver and has failed to notify the name and address of the driver of a 6
vehicle that was involved in a camera-detected offence, the chief executive 7
may give written notice requesting the owner to nominate 1 responsible 8
operator for each vehicle registered in the owner's name whether jointly or 9
otherwise. 10
`(2) If the owner wants to nominate the responsible operator the owner 11
must give written notice containing the prescribed particulars to the chief 12
executive within 28 days of receipt of the notice from the chief executive. 13
`(3) If a person does not nominate a responsible operator within 28 days, 14
or nominates a person who is ineligible to be a responsible operator, the 15
chief executive may nominate an existing registered owner as the 16
responsible operator. 17
`(4) A responsible operator must be-- 18
(a) an individual who is-- 19
(i) 16 years or more; and 20
(ii) the holder of a licence issued under a law of a State to drive a 21
vehicle on a road; or 22
(b) a corporation that is-- 23
(i) a company registered under the Corporations Law; or 24
(ii) incorporated by or under an Act; or 25
(iii) incorporated for a public purpose by an Act of this or 26
another State or the Commonwealth; or 27
(c) this or another State or the Commonwealth. 28
`(5) Except for a nomination by the chief executive, the nomination must 29
be accompanied by the written consent of the responsible operator. 30
s 16 15 s 16
Transport Legislation Amendment
`(6) If a licence is not required for the normal operation of the type of 1
vehicle being registered and it is not designed to be towed, the responsible 2
operator does not have to be the holder of a licence for the vehicle. 3
`(7) A person must not nominate a person as a responsible operator 4
knowing that-- 5
(a) the nominated person is ineligible to be a responsible operator; or 6
(b) any particulars about the nominated person are inaccurate. 7
Maximum penalty--40 penalty units. 8
`(8) A person who has been requested to nominate a responsible 9
operator-- 10
(a) may subsequently apply for, renew or transfer the registration of 11
a vehicle only if a responsible operator has been nominated for 12
the vehicle; and 13
(b) must ensure there is a responsible operator during the registration 14
of the vehicle. 15
`(9) If for any reason there ceases to be a responsible operator for a 16
vehicle, the chief executive may nominate a responsible operator.'. 17
of sch 1 (Subject matter for regulations) 18
Amendment
Clause 16. Schedule 1, General provisions, after `Management and operation of 19
a register of vehicles including--' 20
insert-- 21
`nomination of responsible operator;'. 22
s 17 16 s 18
Transport Legislation Amendment
ART 4--AMENDMENT OF TRANSPORT 1
P
OPERATIONS (ROAD USE MANAGEMENT) 2
ACT 1995 3
amended in pt 4 4
Act
Clause 17. This part amends the Transport Operations (Road Use 5
Management) Act 1995. 6
of new s 77A 7
Insertion
Clause 18. After section 77-- 8
insert-- 9
of responsible operator 10
`Nomination
`77A.(1) If an owner has previously claimed the owner was not the 11
driver and has failed to notify the name and address of the driver of a 12
vehicle that was involved in a camera-detected offence, the chief executive 13
may give written notice requesting the owner to nominate 1 responsible 14
operator for each vehicle registered in the owner's name whether jointly or 15
otherwise. 16
`(2) If the owner wants to nominate the responsible operator the owner 17
must give written notice containing the prescribed particulars to the chief 18
executive within 28 days of receipt of the notice from the chief executive. 19
`(3) If a person does not nominate a responsible operator within 28 days, 20
or nominates a person who is ineligible to be a responsible operator, the 21
chief executive may nominate an existing registered owner as the 22
responsible operator. 23
`(4) A responsible operator must be-- 24
(a) an individual who is-- 25
(i) 16 years or more; and 26
(ii) the holder of a licence issued under a law of a State to drive a 27
vehicle on a road; or 28
(b) a corporation that is-- 29
s 19 17 s 19
Transport Legislation Amendment
(i) a company registered under the Corporations Law; or 1
(ii) incorporated by or under an Act; or 2
(iii) incorporated for a public purpose by an Act of this or 3
another State or the Commonwealth; or 4
(c) this or another State or the Commonwealth. 5
`(5) Except for a nomination by the chief executive, the nomination must 6
be accompanied by the written consent of the responsible operator. 7
`(6) If a licence is not required for the normal operation of the type of 8
vehicle being registered and it is not designed to be towed, the responsible 9
operator does not have to be the holder of a licence for the vehicle. 10
`(7) A person must not nominate a person as a responsible operator 11
knowing that-- 12
(a) the nominated person is ineligible to be a responsible operator; or 13
(b) any particulars about the nominated person are inaccurate. 14
Maximum penalty--40 penalty units. 15
`(8) A person who has been requested to nominate a responsible 16
operator-- 17
(a) may subsequently apply for, renew or transfer the registration of 18
a vehicle only if a responsible operator has been nominated for 19
the vehicle; and 20
(b) must ensure there is a responsible operator during the registration 21
of the vehicle. 22
`(9) If for any reason there ceases to be a responsible operator for a 23
vehicle, the chief executive may nominate a responsible operator.'. 24
PART 5--AMENDMENT OF JUSTICES ACT 1886 25
amended in pt 5 26
Act
Clause 19. This part amends the Justices Act 1886. 27
s 20 18 s 20
Transport Legislation Amendment
of s 266 (Regulations) 1
Amendment
Clause 20. After section 266(2)(b)-- 2
insert-- 3
`(c) for a camera-detected offence under the Traffic Act 1949--an 4
infringement notice penalty for a corporation up to 5 times the 5
amount payable by an individual for the offence under an 6
infringement notice under part 4A.'. 7
8
© State of Queensland 1996
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