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Queensland
TRANSPORT LEGISLATION
AMENDMENT BILL 1997
Queensland
TRANSPORT LEGISLATION
AMENDMENT BILL 1997
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
PART 2--AMENDMENT OF TOW TRUCK ACT 1973
3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
4 Amendment of s 4 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
5 Amendment of s 5 (Requirement as to licence for tow truck) . . . . . . . . . . . 13
6 Amendment of s 12 (Conditions of licence) . . . . . . . . . . . . . . . . . . . . . . . . . 13
7 Replacement of s 13 (Requirement as to certificates) . . . . . . . . . . . . . . . . . 15
13 Required certificates etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
8 Amendment of s 15 (Form and authority of driver's or assistant's
certificate) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
9 Amendment of s 19 (Permit for applicant for driver's or
assistant's certificate) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
10 Amendment of s 23 (Consideration for obtaining certain
information or work) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
11 Amendment of s 24 (False statements and representations, and
coercion) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
12 Amendment of s 40 (Offences generally and penalty) . . . . . . . . . . . . . . . . . 17
13 Amendment of s 43 (Regulation making power) . . . . . . . . . . . . . . . . . . . . . 17
PART 3--AMENDMENT OF TRAFFIC ACT 1949
14 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
15 Amendment of s 5 (Local laws etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
16 Amendment of s 9 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
2
Transport Legislation Amendment
17 Amendment of s 10 (Authorised officers) . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
18 Replacement of s 11 (Superintendents) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
11 Superintendents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
19 Amendment of s 16A (Provisions with respect to breath tests and
laboratory tests) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
20 Replacement of s 16C (Offenders may be ordered to attend
training programs or driving courses) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
16C Offenders may be ordered to attend training programs . . . . . . . . . . . 27
21 Amendment of s 20A (Issue of provisional licence to disqualified
person) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
22 Amendment of s 20B (Variation of conditions) . . . . . . . . . . . . . . . . . . . . . . 28
23 Amendment of s 37 (Diversion of traffic) . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
24 Amendment of s 44 (Removal of things from roads) . . . . . . . . . . . . . . . . . . 28
25 Amendment of s 44B (Parking regulation involves installing
official traffic signs) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
26 Insertion of new s 44BB . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
44BB Things agreements must provide for . . . . . . . . . . . . . . . . . . . . . . . . . 29
27 Amendment of s 44D (Paid parking offences) . . . . . . . . . . . . . . . . . . . . . . . 29
28 Omission of ss 44F44I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
29 Omission of s 45A (Traffic offences in respect of which offender
may elect to pay penalty) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
30 Replacement of s 48 (Records) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
48 Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
31 Amendment of s 49 (Facilitation of proof) . . . . . . . . . . . . . . . . . . . . . . . . . . 31
32 Amendment of s 57 (Appeals with respect to issue of licences etc.) . . . . . 32
33 Amendment of s 58 (Occupiers of garages etc. to keep register of
repairs) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
34 Replacement of s 60 (Unlawful interference with vehicles and
mechanism thereof etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
60 Unlawfully interfering with, or detaining, vehicles etc. . . . . . . . . . . 33
35 Insertion of new s 69 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
69 Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
36 Insertion of new pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
PART 9--TRANSITIONAL
71 Transitionally approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
3
Transport Legislation Amendment
72 Agreements for detaining vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
PART 4--AMENDMENT OF TRANSPORT INFRASTRUCTURE
ACT 1994
37 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
38 Amendment of s 75 (Scope of chapter) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
39 Amendment of s 84 (Granting accreditation) . . . . . . . . . . . . . . . . . . . . . . . . 37
40 Amendment of s 88 (Amending accreditation conditions on
application) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
41 Amendment of s 89 (Amending accreditation conditions without
application) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
42 Amendment of s 90 (Suspending or cancelling accreditation) . . . . . . . . . . 38
43 Amendment of s 91 (Immediate suspension of accreditation) . . . . . . . . . . . 39
44 Replacement of s 131 (Lease of land to railway managers) . . . . . . . . . . . . 39
131 Lease of land to railway managers . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
45 Amendment of s 134 (Existing rail transport infrastructure on land) . . . . . . 40
46 Amendment of s 140 (Maintaining roads crossing railways) . . . . . . . . . . . . 41
47 Replacement of s 142 (Extending roads etc. through or over
railway land) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
142 Extending roads through or over rail corridor land . . . . . . . . . . . . . . 41
48 Amendment of s 144 (Interfering with railway) . . . . . . . . . . . . . . . . . . . . . . 42
49 Amendment of s 151 (Non-accredited railways) . . . . . . . . . . . . . . . . . . . . . . 42
50 Amendment of s 191 (Disposal of fees, penalties etc.) . . . . . . . . . . . . . . . . 43
51 Replacement of ss 196198 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
196 Review of and appeals against decisions . . . . . . . . . . . . . . . . . . . . . 43
52 Amendment of s 214 (Existing rail corridor land) . . . . . . . . . . . . . . . . . . . . . 44
53 Amendment of sch 1 (Subject matter for regulations) . . . . . . . . . . . . . . . . . 44
54 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
PART 5--AMENDMENT OF TRANSPORT OPERATIONS
(MARINE POLLUTION) ACT 1995
55 Act amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
56 Omission of pt 15, div 3 (Miscellaneous) . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
PART 6--AMENDMENT OF TRANSPORT OPERATIONS
(MARINE SAFETY) ACT 1994
57 Act amended in pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
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Transport Legislation Amendment
58 Amendment of s 110 (Composition) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
59 Insertion of new s 113A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
113A Voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
60 Amendment of s 115 (Disclosure of interests) . . . . . . . . . . . . . . . . . . . . . . . 46
61 Amendment of s 203 (Appeals) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
PART 7--AMENDMENT OF TRANSPORT OPERATIONS
(PASSENGER TRANSPORT) ACT 1994
62 Act amended in pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
63 Replacement of ss 12 and 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
12 What is operator accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
64 Replacement of ss 24 and 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
24 What is driver authorisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
65 Amendment of s 37 (Purpose of service contracts) . . . . . . . . . . . . . . . . . . . 48
66 Insertion of new ss 38A and 38B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
38A What are temporary service contracts . . . . . . . . . . . . . . . . . . . . . . . . 48
38B Chief executive may enter into service contracts . . . . . . . . . . . . . . . 48
67 Amendment of s 40 (Service contracts to include minimum
service levels) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
68 Amendment of s 41 (Other matters to be included in service contracts) . . 49
69 Amendment of s 43 (Obligation to hold service contracts) . . . . . . . . . . . . . 49
70 Amendment of s 44 (Term of service contracts) . . . . . . . . . . . . . . . . . . . . . . 50
71 Amendment of s 46 (Review of operator's performance) . . . . . . . . . . . . . . . 50
72 Amendment of s 47 (Breach of service contracts) . . . . . . . . . . . . . . . . . . . . 51
73 Amendment of s 48 (Transfer or surrender of service contracts) . . . . . . . . . 51
74 Amendment of s 50 (Commercial and government funded service
contracts) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
75 Amendment of s 51 (Conditions of funding) . . . . . . . . . . . . . . . . . . . . . . . . . 52
76 Amendment of s 52 (Approval of basis for funding or other
financial assistance by State) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
77 Amendment of s 55 (Entering into a service contract for a
scheduled service--no existing operators) . . . . . . . . . . . . . . . . . . . . . . . . . . 52
78 Replacement of s 56 (Entitlement of existing operators) . . . . . . . . . . . . . . . 53
56 Entitlement of existing operators . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
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Transport Legislation Amendment
79 Replacement of s 57 (Entering into a service contract for a
scheduled service--single existing operator) . . . . . . . . . . . . . . . . . . . . . . . . 54
57 Entering into a service contract for a scheduled passenger
service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
80 Omission of s 58 (Entering into a service contract for a scheduled
service--multiple existing operators) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
81 Replacement of s 59 (Matters to be considered) . . . . . . . . . . . . . . . . . . . . . 54
59 Matters to be considered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
82 Amendment of s 60 (Amendments of service contracts) . . . . . . . . . . . . . . . 55
83 Amendment of s 61 (Compensation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
84 Amendment of s 62 (Offer of new service contract) . . . . . . . . . . . . . . . . . . . 57
85 Insertion of new pt 2, s 62A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
62A Notice to be given . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
86 Insertion of new ch 6, pt 2, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
Division 3--Entering into temporary service contracts to ensure
continuity of existing service
62B Temporary service contracts to ensure continuity of service . . . . . 58
87 Amendment of s 67 (Amendments of taxi service contracts) . . . . . . . . . . . 59
88 Amendment of s 73 (Term of taxi service licences) . . . . . . . . . . . . . . . . . . 59
89 Amendment of s 74 (Conditions of taxi service licences) . . . . . . . . . . . . . . 59
90 Insertion of new s 74B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
74B Substitute taxi . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
91 Amendment of s 86 (Term of limousine service licence) . . . . . . . . . . . . . . 60
92 Amendment of s 87 (Conditions of limousine service licences) . . . . . . . . . 61
93 Insertion of new s 87A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
87A Substitute limousine . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
94 Replacement of ch 10 (Review of and appeals against decisions) . . . . . . . 62
CHAPTER 10--REVIEW OF AND APPEALS AGAINST DECISIONS
102 Review of and appeals against decisions . . . . . . . . . . . . . . . . . . . . . 62
95 Amendment of s 111 (Appointment of authorised persons etc.) . . . . . . . . . 63
96 Replacement of s 113 (Production or display of authorised
person's identity card) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
113 Production or display of authorised person's identity card . . . . . . . . 64
97 Amendment of s 116 (Appointment of authorised persons for railways) . . . 64
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Transport Legislation Amendment
98 Amendment of s 117 (Identity cards) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
99 Amendment of s 124 (General powers in relation to places and
vehicles) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
100 Insertion of new s 124A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
124A Power to require limousines to be moved . . . . . . . . . . . . . . . . . . . . . 66
101 Amendment of s 125 (Power to seize evidence) . . . . . . . . . . . . . . . . . . . . . 66
102 Amendment of s 128 (Power to require information from certain
persons) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
103 Insertion of new s 143A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
143A Evidence of concession entitlement . . . . . . . . . . . . . . . . . . . . . . . . . . 67
104 Insertion of new s 143B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
143B Approval of basis for funding for transport function . . . . . . . . . . . . . 68
105 Amendment of s 148 (Inquiries about person's suitability to hold
accreditation or authorisation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
106 Amendment of s 161 (Arrangements for school transport--fixed
term contracts) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
107 Amendment of sch 2 (Appeals against administrative decisions) . . . . . . . . 69
108 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
PART 8--AMENDMENT OF TRANSPORT OPERATIONS
(ROAD USE MANAGEMENT) ACT 1995
109 Act amended in pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
110 Amendment of s 3 (Objectives) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
111 Insertion of new ch 3, pt 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
17A Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
17B Granting, renewing or refusing approval . . . . . . . . . . . . . . . . . . . . . . 74
18 Grounds for amending suspending or cancelling approvals . . . . . . . 75
112 Amendment of s 19 (Procedure for amending, suspending or
cancelling approvals) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
113 Amendment of s 26 (Entry to places) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
114 Amendment of s 33 (Power to require vehicles to be moved) . . . . . . . . . . . 77
115 Amendment of s 34 (Power to inspect vehicles) . . . . . . . . . . . . . . . . . . . . . 77
116 Amendment of s 35 (Power to enter vehicles etc. other than for
vehicle inspection) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
117 Amendment of s 37 (Power to prohibit use of vehicles) . . . . . . . . . . . . . . . 78
118 Amendment of s 43 (Forfeiture of seized things) . . . . . . . . . . . . . . . . . . . . . 78
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Transport Legislation Amendment
119 Insertion of new ch 3, pt 3, div 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
Division 3A--Additional seizure powers for certain vehicles for sale
46A Seizing certain vehicles for sale . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
120 Amendment of s 50 (Power to require information) . . . . . . . . . . . . . . . . . . . 81
121 Insertion of new ch 3, pt 3, div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
Division 5--Remedial action notices
50A Power to give remedial action notices . . . . . . . . . . . . . . . . . . . . . . . . 81
122 Insertion of new ch 3, pt 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
PART 4A--ADDITIONAL POWERS OF AUTHORISED
OFFICERS TO PREVENT DANGEROUS SITUATION
51A Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
51B Additional power to require information or produce document . . . . 82
51C Self incrimination no excuse . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
51D Power to give directions in dangerous situations . . . . . . . . . . . . . . . 83
51E Preventing injury and damage--taking direct action . . . . . . . . . . . . 84
123 Amendment of s 53 (False, misleading or incomplete documents) . . . . . . 84
124 Replacement of s 57 (Liability for offences) . . . . . . . . . . . . . . . . . . . . . . . . 85
57 Executive officers must ensure corporation complies with
transport Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
57A Responsibility for acts or omissions of representatives . . . . . . . . . . 85
57B Further liability provisions for extended liability offences . . . . . . . . 86
125 Replacement of ch 4 (Review of and appeals against decisions) . . . . . . . . 87
CHAPTER 4--REVIEW OF AND APPEALS AGAINST DECISIONS
65 Review of and appeals against decisions . . . . . . . . . . . . . . . . . . . . . 87
126 Amendment of s 75 (Vehicle operations and road rules) . . . . . . . . . . . . . . . 88
127 Replacement of s 76 (Vehicle standards) . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
76 Vehicle standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
128 Amendment of s 78 (Regulations about driver management) . . . . . . . . . . . 89
129 Insertion of new ch 5, pt 5 and ch 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
PART 5--TRANSPORTING DANGEROUS GOODS BY ROAD
79A Application of part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
79B Regulations about dangerous goods . . . . . . . . . . . . . . . . . . . . . . . . . . 91
79C Exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
8
Transport Legislation Amendment
79D Failure to hold licence etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
79E Goods too dangerous to be transported . . . . . . . . . . . . . . . . . . . . . . . . 95
79F Duties when transporting dangerous goods . . . . . . . . . . . . . . . . . . . . 95
79G Additional evidentiary aids for transporting dangerous goods . . . . . 95
79H Recovery of costs from convicted person . . . . . . . . . . . . . . . . . . . . . 97
79I Recovery of costs of government action . . . . . . . . . . . . . . . . . . . . . . 97
79J Prohibition from involvement in the transport of dangerous
goods by road . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
79K Forfeiting dangerous goods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
79L Helping in emergencies or accidents . . . . . . . . . . . . . . . . . . . . . . . . . 99
CHAPTER 5A--USING VEHICLES IN PUBLIC PLACES
79M Regulating vehicles etc. in public places . . . . . . . . . . . . . . . . . . . . 100
130 Insertion of new s 84A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
84A Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
131 Amendment of s 85 (Regulations) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
132 Insertion of new ss 9292B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
92 Transitional provisions for Motor Vehicles Control Act
1975 about local laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
92A Transitional provisions for repealed Acts . . . . . . . . . . . . . . . . . . . . . 102
92B Transitional provisions for Motor Vehicle Driving
Instruction School Act 1969 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
133 Insertion of new s 93A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
93A Repeal of Motor Vehicle Driving Instruction School Act 1969 . . . 104
134 Insertion of new sch 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
SCHEDULE 1
DISQUALIFYING OFFENCES--PROVISIONS OF THE
CRIMINAL CODE
135 Insertion of new sch 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
SCHEDULE 2A
REVIEWABLE DECISIONS
136 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
PART 9--AMENDMENT OF TRANSPORT PLANNING AND
COORDINATION ACT 1994
137 Act amended in pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
9
Transport Legislation Amendment
138 Replacement of pt 5 (Appeals) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
PART 5--REVIEW OF AND APPEALS AGAINST DECISIONS
Division 1--General
29 What part applies to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
30 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
Division 2--Review of original decisions
31 Applying for review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
32 Stay of operation of original decision . . . . . . . . . . . . . . . . . . . . . . . 111
33 Review panels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
34 Decision on review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
Division 3--Appeals against reviewed decisions
35 Time for making appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
36 Starting appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
36A Stay of operation of reviewed decision . . . . . . . . . . . . . . . . . . . . . . 114
36B Powers of appeal court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
36C Effect of decision of appeal court on appeal . . . . . . . . . . . . . . . . . . 115
36D Assessors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
139 Insertion of new s 36E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
36E Advisory committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
1997
A BILL
FOR
An Act to amend Acts administered by the Minister for Transport
and Main Roads
s1 12 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
1997. 5
6
Commencement
Clause 2. This Act commences on a day to be fixed by proclamation. 7
PART 2--AMENDMENT OF TOW TRUCK ACT 1973 8
amended in pt 2 9
Act
Clause 3. This part amends the Tow Truck Act 1973. 10
of s 4 (Interpretation) 11
Amendment
Clause 4.(1) Section 4, heading-- 12
omit, insert-- 13
`Definitions'. 14
(2) Section 4(1)-- 15
insert-- 16
` "incident" means a collision or impact, however caused-- 17
(a) that happens on a road and results in damage to a motor vehicle; 18
or 19
s5 13 s6
Transport Legislation Amendment
(b) that happens off a road and results in damage to a motor vehicle, 1
if immediately before the collision or impact the motor vehicle 2
was travelling on the road. 3
"seized", for a motor vehicle, means seized by a police officer under the 4
Traffic Act 1949, section 44(1)(c) or (d), from a road that is an 5
off-street regulated parking area for which there is an arrangement 6
mentioned in section 44BB(1) of that Act.'. 7
(3) Section 4(1), definition "tow truck", paragraph (b), after 8
`damaged'-- 9
insert-- 10
`or seized'. 11
(4) Before section 4(1A)-- 12
insert-- 13
`Further provision for definition "motor vehicle" '. 14
(5) Before section 4(2)-- 15
insert-- 16
`Members of firm or partnership'. 17
(6) Sections 4(1A) and (2)-- 18
renumber as sections 4A and 4B. 19
of s 5 (Requirement as to licence for tow truck) 20
Amendment
Clause 5. Section 5, from `Subject' to `shall'-- 21
omit, insert-- 22
`A person must'. 23
of s 12 (Conditions of licence) 24
Amendment
Clause 6.(1) Section 12(2)(e), after `damaged'-- 25
insert-- 26
`or seized'. 27
s6 14 s6
Transport Legislation Amendment
(2) Section 12(2)(g), after `damaged'-- 1
insert-- 2
`or seized'. 3
(3) Section 12(2)(h), after `damaged'-- 4
insert-- 5
`or seized'. 6
(4) Section 12(2)(i), from `motor' to `incident'-- 7
omit, insert-- 8
`or seized motor vehicle from the scene of an incident or seizure'. 9
(5) Section 12(2)(k), after `damaged'-- 10
insert-- 11
`or seized'. 12
(6) Section 12(2)(l), from `or towing' to `incident unless'-- 13
omit, insert-- 14
`or seizure, or towing a damaged or seized motor vehicle from the scene 15
of an incident or seizure, unless'. 16
(7) Section 12(2)(m), `authority for' to `damaged'-- 17
omit, insert-- 18
`or seizure authority for the towing of a damaged or seized'. 19
(8) Section 12(2)(o), after `damaged'-- 20
insert-- 21
`or seized'. 22
(9) Section 12(2)(o), after `incident'-- 23
insert-- 24
`or seizure'. 25
(10) Section 12(2)(p), after `damaged'-- 26
insert-- 27
`or seized'. 28
s7 15 s7
Transport Legislation Amendment
(11) Section 12(2)(q), `about'-- 1
omit, insert-- 2
`in connection with the use of'. 3
of s 13 (Requirement as to certificates) 4
Replacement
Clause 7. Section 13-- 5
omit, insert-- 6
certificates etc. 7
`Required
13. A person must not-- 8
(a) operate a tow truck unless the person is the holder of-- 9
(i) a driver's certificate; or 10
(ii) a permit under section 19 authorising the person to operate a 11
tow truck; or 12
(b) be employed on or in connection with the use of a tow truck at or 13
near the scene of an incident or seizure of a motor vehicle unless 14
the person is the holder of-- 15
(i) a driver's certificate; or 16
(ii) an assistant's certificate; or 17
(iii) a permit under section 19; or 18
(c) travel in a tow truck going to the scene of an incident or seizure of 19
a motor vehicle unless the person-- 20
(i) is the holder of-- 21
(A) a driver's certificate; or 22
(B) an assistant's certificate; or 23
(C) a permit under section 19; or 24
(ii) is the owner of the motor vehicle or the owner's agent; or 25
(iii) was the driver of, or a passenger in, the vehicle.'. 26
s8 16 s 10
Transport Legislation Amendment
of s 15 (Form and authority of driver's or assistant's 1
Amendment
certificate) 2
Clause 8. Section 15(c), `about'-- 3
omit, insert-- 4
`in connection with'. 5
of s 19 (Permit for applicant for driver's or assistant's 6
Amendment
certificate) 7
Clause 9. Section 19(1), `about'-- 8
omit, insert-- 9
`in connection with the use of'. 10
of s 23 (Consideration for obtaining certain information 11
Amendment
or work) 12
Clause 10.(1) Section 23(1)(a), from `as to' to `road; or'-- 13
omit, insert-- 14
`about-- 15
(i) the occurrence of an incident or seizure; or 16
(ii) the presence of-- 17
(A) a damaged motor vehicle on a road; or 18
(B) a seized motor vehicle on a road that is an off-street 19
regulated parking area for which there is an 20
arrangement mentioned in the Traffic Act 1949, 21
section 44BB(1); or'. 22
(2) Section 23(2), after `vehicle'-- 23
insert-- 24
`or the towing or storage of a seized motor vehicle'. 25
s 11 17 s 14
Transport Legislation Amendment
of s 24 (False statements and representations, and 1
Amendment
coercion) 2
Clause 11. Section 24(d), after `damaged'-- 3
insert-- 4
`or seized'. 5
of s 40 (Offences generally and penalty) 6
Amendment
Clause 12. Section 40(3), `$500'-- 7
omit, insert-- 8
`40 penalty units'. 9
of s 43 (Regulation making power) 10
Amendment
Clause 13.(1) Section 43(2)(g), `about'-- 11
omit, insert-- 12
`in connection with the use of'. 13
(2) Section 43(2)(p), after `towing'-- 14
insert-- 15
`seized motor vehicles, or towing'. 16
(3) Section 43(2)(u), `4'-- 17
omit, insert-- 18
`20'. 19
PART 3--AMENDMENT OF TRAFFIC ACT 1949 20
amended in pt 3 21
Act
Clause 14. This part amends the Traffic Act 1949. 22
s 15 18 s 16
Transport Legislation Amendment
of s 5 (Local laws etc.) 1
Amendment
Clause 15. Section 5(3)(a)-- 2
omit, insert-- 3
`(a) the regulation of-- 4
(i) the driving, leading, standing or wheeling of vehicles or 5
animals on a footway, water-channel or gutter; and 6
(ii) the driving or leading of animals to cross a road; and 7
(iii) the seizure, removal, detention and disposal of a vehicle or 8
animal mentioned in subparagraph (i) or (ii) found in 9
circumstances constituting an offence against a local law;'. 10
of s 9 (Definitions) 11
Amendment
Clause 16.(1) Section 9, definitions "sidecar", "specially constructed vehicle", 12
"tractor" or "traction engine", "trolleybus" and "trolley vehicle"-- 13
omit. 14
(2) Section 9-- 15
insert-- 16
` "agricultural implement" means an implement, other than a tractor, with 17
or without motive power, that is-- 18
(a) designed principally for use in primary production; and 19
(b) used solely for the purpose of primary production. 20
"appropriately qualified", in relation to exercising a power or performing 21
a function, includes having the qualifications, experience or standing to 22
exercise the power or perform the function. 23
"approved form", see section 69.1 24
"incapacitated person" for the user of a wheelchair, means a person with 25
a current medical certificate from a doctor stating the person's state of 26
health requires the person to use a wheelchair. 27
"power-assisted bicycle" means a bicycle to which a power source is 28
1 Section 69 (Approval of forms)
s 16 19 s 16
Transport Legislation Amendment
attached. 1
"power-assisted cycle" means a power-assisted bicycle or power-assisted 2
tricycle. 3
"power-assisted tricycle" means a tricycle to which a power source is 4
attached. 5
"power source", for a power-assisted cycle, means 1 or more auxiliary 6
propulsion motors that-- 7
(a) have a combined maximum power output of 200 W or less; and 8
(b) operate through-- 9
(i) contact with a wheel of the cycle; or 10
(ii) being attached to the cycle's drive chain. 11
"propellant" means a machine (other than a lever, wheel and axle, pulley, 12
screw, wedge or inclined plane) capable of propelling a bicycle, 13
tricycle, power-assisted cycle, toy vehicle or wheelchair, but does not 14
include a power source. 15
"sidecar" means an attachment to a side of a motorcycle or velocipede 16
that-- 17
(a) carries passengers or goods; and 18
(b) has a wheel separate and distinct from the wheels of the 19
motorcycle or velocipede; and 20
(c) when attached to the motorcycle or velocipede, is taken to form 21
part of the motorcycle or velocipede. 22
"specially constructed vehicle" means a motor vehicle, other than a motor 23
cycle or tractor, that-- 24
(a) is not constructed to carry passengers or a load, except items used 25
in performing the vehicle's function; and 26
(b) is not principally constructed on a motor truck chassis. 27
28
Examples--
29
Agricultural implements, forklifts, road rollers, straddle trucks and traction
30
engines.
"toy vehicle" means a vehicle (other than a bicycle, tricycle, power-assisted 31
cycle or wheelchair) that is-- 32
s 17 20 s 18
Transport Legislation Amendment
(a) ordinarily used for sport or recreation; and 1
(b) designed to be propelled by human power. 2
"tractor" means a motor vehicle built for a purpose other than to carry 3
passengers or a load, except fuel or water for its own use. 4
"wheelchair" means a chair on wheels designed and intended for the 5
movement of an incapacitated person from a place to another place.'. 6
(3) Section 9, definition "indication", example-- 7
omit. 8
(4) Section 9, definition "moped", paragraph (d)-- 9
omit, insert-- 10
`(d) is not a power-assisted cycle.'. 11
(5) Section 9, definition "motor vehicle", `trolley vehicle,'-- 12
omit. 13
(6) Section 9, definition "owner", `and section 45A(2)'-- 14
omit. 15
(7) Section 9, definition "vehicle", `tram or a train'-- 16
omit, insert-- 17
`train, tram or wheelchair'. 18
of s 10 (Authorised officers) 19
Amendment
Clause 17. Section 10(1), `an officer of the public service'-- 20
omit, insert-- 21
`an appropriately qualified person'. 22
of s 11 (Superintendents) 23
Replacement
Clause 18. Section 11-- 24
omit, insert-- 25
s 19 21 s 19
Transport Legislation Amendment
1
`Superintendents
`11.(1) The chief executive is a superintendent of traffic and may also 2
appoint an appropriately qualified person to be a superintendent of traffic. 3
`(2) The commissioner is a superintendent of traffic and may also 4
appoint a police officer or an appropriately qualified officer of the public 5
service to be a superintendent of traffic.'. 6
of s 16A (Provisions with respect to breath tests and 7
Amendment
laboratory tests) 8
Clause 19.(1) Section 16A(1), definition "breath analysing instrument", 9
paragraph (b)-- 10
omit, insert-- 11
`(b) approved under a regulation.'. 12
(2) Section 16A(1), definition "breath test", from `using--' to 13
`regulation'-- 14
omit, insert-- 15
`using a device approved under a regulation'. 16
(3) Section 16A-- 17
insert-- 18
`(1A) If a person is required under this section to provide a specimen of 19
breath for a breath test or analysis or a specimen of blood for a laboratory 20
test, the person is taken not to have provided the specimen unless it-- 21
(a) is sufficient to enable the test or the analysis to be carried out; and 22
(b) is provided in a way that enables the objective of the test or 23
analysis to be satisfactorily achieved.'. 24
(4) Section 16A(2), `request'-- 25
omit, insert-- 26
`require'. 27
(5) Section 16A(2A), `request'-- 28
omit, insert-- 29
s 19 22 s 19
Transport Legislation Amendment
`require'. 1
(6) Section 16A-- 2
insert-- 3
`(2B) Subsection (2C) applies if-- 4
(a) a police officer requires a person to provide a specimen of breath 5
for a breath test by the person under subsection (2) or (2A); and 6
(b) the person-- 7
(i) is taken not to have provided the specimen of breath under 8
subsection (1A); or 9
(ii) provides the specimen of breath; but-- 10
(A) the device used for the test is or becomes defective 11
precluding its satisfactory operation; or 12
(B) for any reason it is not possible to use or continue using 13
the device to conduct the breath test; or 14
(C) for any other reason it is not possible to complete the 15
breath test. 16
`(2C) Under subsection (2) or (2A), the police officer may require the 17
person to provide as many specimens of breath as the officer considers 18
reasonably necessary to carry out the breath test.'. 19
(7) Section 16A(3), `may request'-- 20
omit, insert-- 21
`may require'. 22
(8) Section 16A(3), `the request'-- 23
omit, insert-- 24
`the requirement'. 25
(9) Section 16A(4), `A request'-- 26
omit, insert-- 27
`A requirement'. 28
(10) Section 16A(4), `such a request'-- 29
s 19 23 s 19
Transport Legislation Amendment
omit, insert-- 1
`the requirement'. 2
(11) Section 16A(5), `requested'-- 3
omit, insert-- 4
`required'. 5
(12) Section 16A(5A), `requested'-- 6
omit, insert-- 7
`required'. 8
(13) Section 16A(5A)(a), `elects not'-- 9
omit, insert-- 10
`fails'. 11
(14) Section 16A(5A)(b), `request'-- 12
omit, insert-- 13
`requirement'. 14
(15) Section 16A(5B)(a)-- 15
omit, insert-- 16
`(a) immediately after the requirement is made, the person produces 17
to the police officer a certificate in the approved form from a 18
doctor stating that-- 19
(i) because of a stated illness or disability, the person is 20
incapable of providing a specimen of breath; or 21
(ii) the provision of the specimen could adversely affect the 22
person's health; or'. 23
(16) Section 16A(6)(b), `requested'-- 24
omit, insert-- 25
`required'. 26
(17) Section 16A(6)(b)(i), `elects not'-- 27
omit, insert-- 28
`fails'. 29
s 19 24 s 19
Transport Legislation Amendment
(18) Section 16A(6)(b)(ii), `request'-- 1
omit, insert-- 2
`requirement'. 3
(19) Section 16A(6), after paragraph (b)-- 4
insert-- 5
`(ba)a police officer reasonably suspects that a person who produces a 6
certificate under subsection (5B)(a) is, because of the external 7
signs exhibited by the person, affected by liquor or a drug;'. 8
(20) Section 16A(8C), `request'-- 9
omit, insert-- 10
`require'. 11
(21) Section 16A(8D), `request'-- 12
omit, insert-- 13
`require'. 14
(22) Section 16A(8E), from `a writing' to `health'-- 15
omit, insert-- 16
`a doctor's certificate mentioned in subsection (5B)(a)'. 17
(23) Section 16A(8J), paragraphs (b) and (c)-- 18
omit, insert-- 19
`(b) who requires the person to provide the specimen of breath for a 20
breath test or analysis.'. 21
(24) Section 16A(8L)-- 22
omit, insert-- 23
`(8L) Subsection (8M) applies if-- 24
(a) a person has been required to provide, under subsection (8) or 25
(8C), a specimen of the person's breath for analysis by a breath 26
analysing instrument or a specimen of the person's blood for a 27
laboratory test and-- 28
(b) the person-- 29
s 19 25 s 19
Transport Legislation Amendment
(i) is taken under subsection (1A) not to have provided the 1
specimen of breath or a specimen of blood; or 2
(ii) provides a specimen of breath for analysis by a breath 3
analysing instrument; but-- 4
(A) the breath analysing instrument is or becomes defective 5
precluding its satisfactory operation to analyse the 6
breath specimen; or 7
(B) for any reason it is not possible to use or continue using 8
the breath analysing instrument for the purpose of 9
analysing the breath specimen; or 10
(C) the breath analysing instrument indicates to the 11
authorised police officer operating the instrument that 12
alcohol or some other substance is present in the mouth 13
of the person supplying the breath specimen; or 14
(D) for any other reason it is not possible to complete the 15
analysis. 16
`(8M) Under subsection (8) or (8C), the police officer is authorised to 17
require the person to provide as many specimens of breath or blood as the 18
officer considers reasonably necessary to carry out the analysis or test.'. 19
(25) Section 16A(15), `, and such other particulars as may be 20
prescribed'-- 21
omit. 22
(26) Section 16A(15A)-- 23
omit. 24
(27) Section 16A(15B)(f)-- 25
omit. 26
(28) Section 16A(15C)-- 27
omit. 28
(29) Section 16A(16C)(d)-- 29
omit. 30
(30) Section 16A(16D)-- 31
s 19 26 s 19
Transport Legislation Amendment
omit. 1
(31) Section 16A(22), `Where'-- 2
omit, insert-- 3
`Subsection (22AA) applies if'. 4
(32) Section 16A(22)-- 5
insert-- 6
`(ba)a person has been arrested for an offence under section 16(1) but 7
has not been required by a police officer to provide a specimen of 8
breath for analysis or a specimen of blood for a laboratory test 9
under subsection (8) or (8C)-- 10
(i) because the person is violent; or 11
(ii) because of the external signs exhibited by the person, the 12
police officer reasonably believes the person is so affected 13
by alcohol or a drug as to be unable to provide the specimen; 14
or 15
(iii) because of the remoteness of the area-- 16
(A) a breath analysing instrument is not available to analyse 17
a specimen of the person's breath; or 18
(B) a doctor is not available to take a specimen of blood 19
from the person for a laboratory test; or'. 20
(33) Section 16A(22)(e), `subsections (9) to (9B)'-- 21
omit, insert-- 22
`this section'. 23
(34) Section 16A(22), from `then by virtue' to `be.'-- 24
omit, insert-- 25
`(22AA) The person's driver's licence is suspended for 24 hours from 26
when-- 27
(a) the analysis mentioned in subsection (22)(a) was made; or 28
(b) the requirement mentioned in subsection (22)(b), (c)(ii) or (d) 29
was made; or 30
s 20 27 s 21
Transport Legislation Amendment
(c) the arrest mentioned in subsection (22)(ba) was made; or 1
(d) the breath test of the specimen of the person's breath mentioned 2
in subsection (22)(c)(i) was carried out; or 3
(e) the certificate in writing mentioned in subsection (22)(e) was 4
given.'. 5
of s 16C (Offenders may be ordered to attend training 6
Replacement
programs or driving courses) 7
Clause 20. Section 16C-- 8
omit, insert-- 9
may be ordered to attend training programs 10
`Offenders
`16C.(1) This section applies if a person (the "offender") is convicted 11
before a court at a place prescribed under a regulation of an offence under 12
section 16. 13
`(2) Whether or not any other order is made against the offender, the 14
court may order the offender to attend and complete a training program 15
while the offender is disqualified from holding or obtaining a driver's 16
licence. 17
`(3) The training program is to be-- 18
(a) approved by the chief executive; and 19
(b) conducted by a person prescribed under a regulation. 20
`(4) A written notice of the day, time and place of the program that the 21
offender is to attend, is to be given to the offender by a person prescribed 22
under a regulation.'. 23
of s 20A (Issue of provisional licence to disqualified 24
Amendment
person) 25
Clause 21.(1) Section 20A(2A), `prescribed'-- 26
omit, insert-- 27
`approved'. 28
(2) Section 20A-- 29
s 22 28 s 24
Transport Legislation Amendment
insert-- 1
`(3A) To remove doubt, it is declared that if a court makes an order 2
under subsection (1) directing that a person be issued with a provisional 3
licence, the person-- 4
(a) is disqualified from holding or obtaining a driver's licence, other 5
than the provisional licence; and 6
(b) may not drive a motor vehicle during the period of the 7
disqualification unless the person applies for and obtains the 8
provisional licence the court ordered be issued.'. 9
of s 20B (Variation of conditions) 10
Amendment
Clause 22. Section 20B(2), `prescribed'-- 11
omit, insert-- 12
`approved'. 13
of s 37 (Diversion of traffic) 14
Amendment
Clause 23. Section 37(3)-- 15
omit, insert-- 16
`(3) The application must be in writing and accompanied by the fee 17
prescribed under a regulation.'. 18
of s 44 (Removal of things from roads) 19
Amendment
Clause 24.(1) Section 44(5)(c)(iv), from `, on' to `charge'-- 20
omit, insert-- 21
`to the applicant'. 22
(2) Section 44-- 23
insert-- 24
`(6A) Subsection (6B) applies if a police officer seizes a vehicle under 25
subsection (1)(c) or (d) from a road that is an off-street regulated parking 26
area for which there is an arrangement mentioned in section 44BB(1). 27
s 25 29 s 27
Transport Legislation Amendment
`(6B) The police officer may only cause the vehicle to be removed and 1
detained at a place for safe keeping by a tow truck that is licensed under the 2
Tow Truck Act 1973 and operated by a person holding a driver's certificate 3
under that Act.'. 4
of s 44B (Parking regulation involves installing official 5
Amendment
traffic signs) 6
Clause 25. Section 44B(4)(a)-- 7
insert-- 8
`(iii) the types of vehicle a person may park; and'. 9
of new s 44BB 10
Insertion
Clause 26. After section 44BA-- 11
insert-- 12
agreements must provide for 13
`Things
`44BB.(1) This section applies if a local government and a person (an 14
"occupier") who owns or has an interest in land, have an arrangement 15
under section 44BA(5) for the local government to control the land as an 16
off-street regulated parking area. 17
`(2) An agreement to give effect to the arrangement for the area must 18
provide for the matters prescribed under a regulation.'. 19
of s 44D (Paid parking offences) 20
Amendment
Clause 27. Section 44D(3)(b)-- 21
omit, insert-- 22
`(b) an infringement notice, under the Justices Act 1886, part 4A2 for 23
the offence is attached to the vehicle; and'. 24
2 Part 4A (Infringement notices)
s 28 30 s 30
Transport Legislation Amendment
mission of ss 44F44I 1
O
Clause 28. Sections 44F to 44I-- 2
omit. 3
of s 45A (Traffic offences in respect of which offender may 4
Omission
elect to pay penalty) 5
Clause 29. Section 45A-- 6
omit. 7
of s 48 (Records) 8
Replacement
Clause 30. Section 48-- 9
omit, insert-- 10
11
`Records
`48.(1) A responsible person who issues an instrument under this Act 12
must keep a record of the particulars of the instrument at-- 13
(a) if the instrument is issued by the chief executive--an office of the 14
department decided by the chief executive; or 15
(b) otherwise--an office of the Queensland Police Service decided by 16
the commissioner. 17
`(2) However, a record of particulars of a person's driver's licence 18
must-- 19
(a) be kept at an office of the department decided by the chief 20
executive; and 21
(b) include the person's traffic history. 22
`(3) The person who has custody of the record is-- 23
(a) for a record mentioned in subsection (1)--the person in charge of 24
the office where the record is kept; or 25
(b) for a record mentioned in subsection (2)--the chief executive. 26
`(4) An extract from or copy of any entry of any particulars of the record 27
that is, or purports to be, certified by the person who has custody of the 28
s 31 31 s 31
Transport Legislation Amendment
record as being an extract from or copy of the record, is for a court and all 1
other purposes, evidence of the particulars contained in the record, without 2
requiring the production of the record. 3
`(5) In this section-- 4
"instrument" means an appointment, approval, authorisation, cancellation, 5
demand, determination, direction, licence, notification, order, 6
suspension or surrender. 7
"issues" includes gives or makes. 8
"responsible person" means-- 9
(a) the chief executive; or 10
(b) the commissioner; or 11
(c) a superintendent.'. 12
of s 49 (Facilitation of proof) 13
Amendment
Clause 31.(1) Section 49(1)(a), from `or that' to `48(2)'-- 14
omit. 15
(2) Section 49(1)(b), `officer ordinarily'-- 16
omit, insert-- 17
`person'. 18
(3) Section 49(1)(f)-- 19
omit, insert-- 20
`(f) a document purporting to be a copy of a licence and certified as a 21
true copy by the person having custody of the record relating to 22
the licence is evidence of the licence; or 23
`(fa) particulars of a conviction, disqualification, suspension or 24
cancellation stated on a licence, or on a document purporting to be 25
a copy of a licence certified in the way stated in paragraph (f), is 26
evidence that-- 27
(i) the holder of the licence, or the holder of the licence of which 28
the document purports to be a copy, was convicted or 29
disqualified; or 30
s 32 32 s 33
Transport Legislation Amendment
(ii) the licence was suspended or cancelled; or'. 1
(4) Section 49(1), after paragraph (g)-- 2
insert-- 3
`(ga)a certificate purporting to be signed by the chief executive stating 4
a person's traffic history at a stated date is evidence of the matters 5
stated in it; or'. 6
(5) Section 49(1)(k), `officer ordinarily'-- 7
omit, insert-- 8
`person'. 9
of s 57 (Appeals with respect to issue of licences etc.) 10
Amendment
Clause 32.(1) Section 57(2)(a), `where'-- 11
omit, insert-- 12
`if'. 13
(2) Section 57(2)(b)-- 14
omit, insert-- 15
`(b) if the order was made by a Magistrates Court-- 16
(i) if the person resides in Queensland--the Magistrates Court 17
exercising jurisdiction at the place where the person resides; 18
or 19
(ii) if the person resides elsewhere--the Magistrates Court, 20
central division of the Brisbane district;'. 21
of s 58 (Occupiers of garages etc. to keep register of 22
Amendment
repairs) 23
Clause 33. Section 58(1), `the prescribed form'-- 24
omit, insert-- 25
`writing'. 26
s 34 33 s 34
Transport Legislation Amendment
of s 60 (Unlawful interference with vehicles and 1
Replacement
mechanism thereof etc.) 2
Clause 34. Section 60-- 3
omit, insert-- 4
interfering with, or detaining, vehicles etc. 5
`Unlawfully
`60.(1) A person must not, without the owners consent-- 6
(a) drive or otherwise use a vehicle on a road; or 7
(b) wilfully interfere with-- 8
(i) any mechanism or other part of, or equipment attached to, a 9
vehicle or tram on a road or elsewhere; or 10
(ii) the harness or other equipment attached to an animal on a 11
road; or 12
(c) detain a vehicle parked or standing on a road or elsewhere by-- 13
(i) attaching an immobilising device to the vehicle; or 14
(ii) placing an immobilising device near the vehicle. 15
16
Example of paragraph (c)(ii)--
17
By locking in an upright position, a moveable steel post (commonly called a
18
"parking sentinel") that is secured to the ground at the entrance of a parking space
19
where the vehicle is parked or standing.
Maximum penalty--40 penalty units or 6 months imprisonment. 20
`(2) Subsection (1) does not apply to a police officer exercising the 21
officer's powers or performing the officer's functions, or a person acting 22
under a lawful direction of a police officer. 23
`(3) Subsection (1)(c) does not apply to the sheriff or another person 24
authorised by law to execute a warrant of execution against the vehicle. 25
`(4) This section does not limit the exercise of a power over a vehicle that 26
a person may have as the holder of a security interest in the vehicle. 27
`(5) The common law remedy of distress damage feasant in relation to 28
trespass on land by a vehicle is abolished to the extent that it is inconsistent 29
with subsection (1)(c). 30
`(6) However, subsection (5) does not limit a right a person may have to 31
s 35 34 s 35
Transport Legislation Amendment
remove, or cause to be removed, from land a vehicle parked or left standing 1
on the land. 2
`(7) Subsection (6) does not apply to a person who has detained a vehicle 3
in contravention of subsection (1)(c). 4
`(8) In this section-- 5
"detain" includes immobilise. 6
"immobilising device", for a vehicle, means-- 7
(a) wheel clamps; or 8
(b) another device that effectively detains the vehicle. 9
"interfere with" includes damage, destroy and remove. 10
"owner" of a vehicle includes a person in lawful possession of the vehicle. 11
"security interest" see the Motor Vehicles Securities Act 1986, 12
section 5(1).3'. 13
of new s 69 14
Insertion
Clause 35. After section 68-- 15
insert-- 16
of forms 17
`Approval
`69. The chief executive may approve forms for use under this Act.'. 18
The Motor Vehicles Securities Act 1986, section 5 states--
"security interest" means an interest in a motor vehicle by way of security for or in
respect of a liability, whether present, contingent or future created or otherwise
arising in or under or in connection with a bill of sale, mortgage, charge, lien,
hire-purchase agreement, lease or instrument having a like effect to any of
them and includes the interest of--
(a) an owner within the meaning of the Hire-purchase Act 1959 in respect of
the liability of the hirer within the meaning of that Act;
(b) a lessor in respect of the liability of a lessee.
s 36 35 s 36
Transport Legislation Amendment
of new pt 9 1
Insertion
Clause 36. After section 70-- 2
insert-- 3
`PART 9--TRANSITIONAL 4
approved forms 5
`Transitionally
`71.(1) This section applies if-- 6
(a) immediately before its commencement, there was a prescribed 7
form for a matter; and 8
(b) on the commencement-- 9
(i) there is to be an approved form for the matter; or 10
(ii) a form may be approved for the matter until there is an 11
approved form for the matter. 12
`(2) The form that was the prescribed form for the matter immediately 13
before the commencement is taken to be the approved form for the matter 14
until there is an approved form for the matter or until this section expires, 15
whichever happens first. 16
`(3) This section expires 6 months after it commences. 17
for detaining vehicles 18
`Agreements
`72.(1) An agreement, whether entered into before or after the 19
commencement of the Transport Legislation Amendment Act 1997, 20
section 34,4 is of no legal effect to the extent to which it authorises, or 21
purports to authorise, a person to-- 22
(a) do an act in contravention of section 60; or 23
(b) remove a vehicle detained in contravention of section 60 from any 24
land. 25
`(2) A party to an agreement that is of no legal effect wholly or partly 26
4 Section 34 (Replacement of section 60 (Unlawful interference with vehicles and
mechanisms thereof etc.))
s 37 36 s 38
Transport Legislation Amendment
because of subsection (1)-- 1
(a) is not entitled to recover any money for providing services under 2
the agreement from-- 3
(i) the owner or occupier of the land to which the agreement 4
relates or purports to relate; or 5
(ii) any other person; and 6
(b) must repay to the person from whom it was received-- 7
(i) any money received before the commencement of this 8
section, for services that were to be provided after the 9
commencement; and 10
(ii) any money received after the commencement of this section 11
for the services. 12
`(3) If a party does not repay money required by subsection (2)(b) to be 13
repaid, the person entitled to be repaid may recover the money from the 14
party as a debt.'. 15
ART 4--AMENDMENT OF TRANSPORT 16
P
INFRASTRUCTURE ACT 1994 17
amended in pt 4 18
Act
Clause 37. This part amends the Transport Infrastructure Act 1994. 19
of s 75 (Scope of chapter) 20
Amendment
Clause 38. Section 75(2)(c)-- 21
omit, insert-- 22
`(c) an amusement railway; or'. 23
s 39 37 s 40
Transport Legislation Amendment
of s 84 (Granting accreditation) 1
Amendment
Clause 39.(1) Section 84(6)(c)(iii) and (iv)-- 2
omit, insert-- 3
`(iii) the applicant may-- 4
(A) under section 196--ask for the decision to be reviewed 5
and appeal against the reviewed decision; and 6
(B) under the Transport Planning and Coordination Act 7
1994, part 5--ask for the decision or the reviewed 8
decision to be stayed.'. 9
(2) Section 84(7)(c) and (d)-- 10
omit, insert-- 11
`(c) the applicant may-- 12
(i) under section 196--ask for the decision to be reviewed and 13
appeal against the reviewed decision; and 14
(ii) under the Transport Planning and Coordination Act 1994, 15
part 5--ask for the decision or the reviewed decision to be 16
stayed.'. 17
of s 88 (Amending accreditation conditions on 18
Amendment
application) 19
Clause 40. Section 88(5)(c) and (d)-- 20
omit, insert-- 21
`(c) the applicant may-- 22
(i) under section 196--ask for the decision to be reviewed and 23
appeal against the reviewed decision; and 24
(ii) under the Transport Planning and Coordination Act 1994, 25
part 5--ask for the decision or the reviewed decision to be 26
stayed.'. 27
s 41 38 s 42
Transport Legislation Amendment
of s 89 (Amending accreditation conditions without 1
Amendment
application) 2
Clause 41. Section 89(5)(c) and (d)-- 3
omit, insert-- 4
`(c) the person may-- 5
(i) under section 196--ask for the decision to be reviewed and 6
appeal against the reviewed decision; and 7
(ii) under the Transport Planning and Coordination Act 1994, 8
part 5--ask for the decision or the reviewed decision to be 9
stayed.'. 10
of s 90 (Suspending or cancelling accreditation) 11
Amendment
Clause 42.(1) Section 90(5)(b) and (c)-- 12
omit, insert-- 13
`(b) the person may-- 14
(i) under section 196--ask for the decision to be reviewed and 15
appeal against the reviewed decision; and 16
(ii) under the Transport Planning and Coordination Act 1994, 17
part 5--ask for the decision or the reviewed decision to be 18
stayed.'. 19
(2) Section 90(7)(b) and (c)-- 20
omit, insert-- 21
`(b) the person may-- 22
(i) under section 196--ask for the decision to be reviewed and 23
appeal against the reviewed decision ; and 24
(ii) under the Transport Planning and Coordination Act 1994, 25
part 5--ask for the decision or the reviewed decision to be 26
stayed.'. 27
s 43 39 s 44
Transport Legislation Amendment
of s 91 (Immediate suspension of accreditation) 1
Amendment
Clause 43. Section 91(3)(b) and (c)-- 2
omit, insert-- 3
`(b) the person may-- 4
(i) under section 196--ask for the decision to be reviewed and 5
appeal against the reviewed decision; and 6
(ii) under the Transport Planning and Coordination Act 1994, 7
part 5--ask for the decision or the reviewed decision to be 8
stayed.'. 9
of s 131 (Lease of land to railway managers) 10
Replacement
Clause 44. Section 131-- 11
omit, insert-- 12
of land to railway managers 13
`Lease
`131.(1) This section applies if-- 14
(a) the State acquires land (the "acquired land") for use by a 15
railway manager as part of a rail transport corridor; or 16
(b) the chief executive decides that land (also "acquired land") 17
leased to the State under section 215 should be used by a railway 18
manager as part of a rail transport corridor. 19
`(2) If the acquired land mentioned in subsection (1)(a) becomes 20
unallocated State land, the Governor in Council must lease it to the State 21
under the Land Act 1994, section 17.5 22
`(3) The lease is in perpetuity and, if demanded, for a rent of $1 per year. 23
`(4) The State must lease acquired land mentioned in subsection (1)(a) or 24
(b) to the manager-- 25
(a) if the manager agrees to meet the full costs of the acquisition--on 26
terms that-- 27
5 Section 17 (Granting land to the state)
s 45 40 s 45
Transport Legislation Amendment
(i) the lease is for a maximum term of 100 years and, if 1
demanded, for a rent of $1 per year; and 2
(ii) the manager has an option to take up a further lease on the 3
same terms for a maximum further period prescribed under 4
a regulation, of 100 years; or 5
(b) otherwise--on terms agreed between the parties. 6
`(5) The Land Act 1994, section 336(2)(a)6 does not apply to a document 7
of amendment of a sublease to a railway manager under subsection (4). 8
`(6) Before the acquired land is leased to the railway manager, all 9
necessary approvals for the construction of a railway must be obtained. 10
`(7) If the manager attaches any rail transport infrastructure or any other 11
works or structures to the acquired land, they remain the manager's 12
property until the manager disposes of them. 13
`(8) In this section-- 14
"acquires" includes acquires by-- 15
(a) gift; and 16
(b) surrender of a lease previously granted to a railway manager; and 17
(c) exchange; and 18
(d) purchase.'. 19
of s 134 (Existing rail transport infrastructure on land) 20
Amendment
Clause 45.(1) Section 134(2)(b), `Queensland Rail'-- 21
omit, insert-- 22
`the railway manager'. 23
(2) Section 134(2)(b)(iii), after `operate'-- 24
insert-- 25
`, or authorise a railway operator to operate,'. 26
6 Section 336 (Amending a sublease)
s 46 41 s 47
Transport Legislation Amendment
of s 140 (Maintaining roads crossing railways) 1
Amendment
Clause 46. Section 140(2)-- 2
omit, insert-- 3
`(2) If a railway is built by way of a bridge or other structure over or 4
under a road, the authority that maintained the road before the railway was 5
built must continue to maintain the road under or over the bridge or 6
structure.'. 7
of s 142 (Extending roads etc. through or over railway 8
Replacement
land) 9
Clause 47. Section 142-- 10
omit, insert-- 11
roads through or over rail corridor land 12
`Extending
`142.(1) The chief executive may allow a local government to construct, 13
maintain and operate a road on rail corridor land by way of-- 14
(a) a bridge or other structure over a railway; or 15
(b) a bridge or other structure that allows the road to pass under the 16
railway; or 17
(c) a level crossing. 18
`(2) The permission may be subject to conditions. 19
`(3) Before deciding a request for the permission, the chief executive 20
must consult with the railway manager for the land. 21
`(4) The railway manager may continue to use the land, and the airspace 22
above the land, other than any land and airspace excluded by a condition of 23
the permission. 24
`(5) The chief executive and the railway manager and their agents or 25
employees, do not have any duty or liability for the road or its use or 26
operation. 27
`(6) Once the road is used, it is taken to be-- 28
(a) a road under the relevant local government's control; and 29
(b) a road under any Act about the use of vehicles on a road. 30
s 48 42 s 49
Transport Legislation Amendment
`(7) Unless the chief executive and the local government otherwise 1
agree-- 2
(a) the local government is responsible for maintaining the road and 3
the bridge or level crossing; and 4
(b) if the road stops being used--the local government is responsible 5
for the cost of taking the bridge or level crossing away and of 6
restoring the railway. 7
`(8) The State is taken not to be in breach of any of its obligations in a 8
sublease of the rail corridor land between the State and the railway manager 9
by-- 10
(a) giving the permission; or 11
(b) anything done by the local government under the permission.'. 12
of s 144 (Interfering with railway) 13
Amendment
Clause 48. Section 144(1)-- 14
omit, insert-- 15
`144.(1) A person must not interfere with a railway unless-- 16
(a) the person has the railway's manager written approval; or 17
(b) the interference is authorised-- 18
(i) under a permission under section 142; or 19
(ii) under another provision of this Act. 20
Maximum penalty--160 penalty units.'. 21
of s 151 (Non-accredited railways) 22
Amendment
Clause 49. Section 151(8), `Minister's'-- 23
omit, insert-- 24
`chief executive's'. 25
s 50 43 s 51
Transport Legislation Amendment
of s 191 (Disposal of fees, penalties etc.) 1
Amendment
Clause 50. Section 191-- 2
insert-- 3
`(1A) Under subsection (1), a penalty received or recovered in the 4
operation of a GOC for an infringement notice offence under the Justices 5
Act 1886, part 4A7 concerning vehicle parking is to be paid to the GOC.'. 6
of ss 196198 7
Replacement
Clause 51. Sections 196 to 198-- 8
omit, insert-- 9
of and appeals against decisions 10
`Review
`196.(1) A person whose interests are affected by a decision (the 11
"original decision") described in schedule 2 may ask the chief executive to 12
review the decision. 13
`(2) The person is entitled to receive a statement of reasons for the 14
original decision whether or not the provision of the Act under which the 15
decision is made requires that the person be given a statement of reasons for 16
the decision. 17
`(3) The Transport Planning and Coordination Act 1994, part 5, 18
division 2-- 19
(a) applies to the review; and 20
(b) provides-- 21
(i) for the procedure for applying for the review and the way it 22
is to be carried out; and 23
(ii) that the original decision may be stayed by the person by 24
applying to the court mentioned in subsection (4). 25
`(4) Also, after the chief executive confirms or amends the original 26
decision or substitutes another decision, the person may appeal against the 27
confirmed, amended or substituted decision (the "reviewed decision") to 28
the court stated in schedule 2. 29
7 Part 4A (Infringement notices)
s 52 44 s 54
Transport Legislation Amendment
`(5) The Transport Planning and Coordination Act 1994, part 5, 1
division 3-- 2
(a) applies to the appeal; and 3
(b) provides-- 4
(i) for the procedure for the appeal and the way it is to be 5
disposed of; and 6
(ii) that the reviewed decision may be stayed by the person by 7
applying to the court mentioned in subsection (4).'. 8
of s 214 (Existing rail corridor land) 9
Amendment
Clause 52. Section 214-- 10
insert-- 11
`(7A) The Land Act 1994, section 336(2)(a)8 does not apply to a 12
document of amendment of the sublease.'. 13
of sch 1 (Subject matter for regulations) 14
Amendment
Clause 53. Schedule 1, item 13, `owner'-- 15
omit, insert-- 16
`manager'. 17
of sch 3 (Dictionary) 18
Amendment
Clause 54.(1) Schedule 3-- 19
insert-- 20
` "amusement railway" means a railway that-- 21
(a) is operated solely within an amusement or theme park-- 22
8 Section 336 (Amending a sublease)
s 55 45 s 56
Transport Legislation Amendment
(i) that is registered as an amusement device under the 1
Workplace Health and Safety Act 1995; and 2
(ii) that does not operate on, or across, a road; or 3
(b) operates on a track with a gauge of less than 600 mm on a place 4
other than a road. 5
"rail corridor land" means existing rail corridor land or new rail corridor 6
land. 7
"reviewed decision" see section 196. 8
"train" means a conveyance or group of connected conveyances that 9
travels on a rail or rails of a railway or sugar tramway.'. 10
(2) Schedule 3, definition "rolling stock", after `vehicle'-- 11
insert-- 12
`, including a train,'. 13
ART 5--AMENDMENT OF TRANSPORT 14
P
OPERATIONS (MARINE POLLUTION) ACT 1995 15
amended in pt 5 16
Act
Clause 55. This part amends the Transport Operations (Marine Pollution) Act 17
1995. 18
of pt 15, div 3 (Miscellaneous) 19
Omission
Clause 56. Part 15, division 3-- 20
omit. 21
s 57 46 s 60
Transport Legislation Amendment
ART 6--AMENDMENT OF TRANSPORT 1
P
OPERATIONS (MARINE SAFETY) ACT 1994 2
amended in pt 6 3
Act
Clause 57. This part amends the Transport Operations (Marine Safety) Act 4
1994. 5
of s 110 (Composition) 6
Amendment
Clause 58. Section 110(1), `5'-- 7
omit, insert-- 8
`6'. 9
of new s 113A 10
Insertion
Clause 59. After section 113-- 11
insert-- 12
13
`Voting
`113A.(1) At board meetings, all questions are to be decided by a 14
majority of votes of the members present. 15
`(2) If a member abstains from voting, the member is taken to vote for 16
the negative. 17
`(3) The chairperson or member presiding at a meeting is to have a vote, 18
and in the event of an equality of votes, a second or casting vote.'. 19
of s 115 (Disclosure of interests) 20
Amendment
Clause 60. Section 115(4), after `Minister'-- 21
insert-- 22
`or chief executive'. 23
s 61 47 s 63
Transport Legislation Amendment
of s 203 (Appeals) 1
Amendment
Clause 61.(1) Section 203(1)-- 2
insert-- 3
`(da)the approval of the design of a ship or part of a ship;'. 4
(2) Section 203(6), from `sections' to `apply'-- 5
omit, insert-- 6
`sections 34(1), (5) and (6) and 36 to 36D, apply'. 7
ART 7--AMENDMENT OF TRANSPORT 8
P
OPERATIONS (PASSENGER TRANSPORT) ACT 1994 9
amended in pt 7 10
Act
Clause 62. This part amends the Transport Operations (Passenger Transport) 11
Act 1994. 12
of ss 12 and 13 13
Replacement
Clause 63. Sections 12 and 13-- 14
omit, insert-- 15
is operator accreditation 16
`What
`12.(1) "Operator accreditation" is a qualification an operator of a 17
public passenger service must attain and maintain to provide the service. 18
`(2) However, subsection (1) does not apply to the operator of any of the 19
following public passenger services-- 20
(a) a service provided by a railway operator; 21
(b) an air service; 22
(c) a service prescribed under a regulation as a service to which this 23
section does not apply.'. 24
s 64 48 s 66
Transport Legislation Amendment
of ss 24 and 25 1
Replacement
Clause 64. Sections 24 and 25-- 2
omit, insert-- 3
is driver authorisation 4
`What
`24.(1) "Driver authorisation" is a qualification a driver of a vehicle 5
providing a public passenger service must attain and maintain to operate the 6
vehicle while providing the service. 7
`(2) However, subsection (1) does not apply to the driver of a vehicle 8
providing any of the following public passenger services-- 9
(a) a service provided by a railway operator; 10
(b) an air service; 11
(c) a service prescribed under a regulation as a service to which this 12
section does not apply.'. 13
of s 37 (Purpose of service contracts) 14
Amendment
Clause 65. Section 37, `accredited'-- 15
omit. 16
of new ss 38A and 38B 17
Insertion
Clause 66. After section 38-- 18
insert-- 19
are temporary service contracts 20
`What
`38A.(1) A "temporary service contract" is a service contract, that 21
despite section 44(1), is for a term less than 2 years. 22
`(2) To remove doubt, it is declared that a contract under section 44(2) 23
for a term less than 2 years is not a temporary service contract. 24
executive may enter into service contracts 25
`Chief
`38B.(1) The chief executive may, for the State, enter into a service 26
contract. 27
s 67 49 s 69
Transport Legislation Amendment
`(2) The chief executive may only enter a temporary service contract if 1
satisfied the contract is necessary to-- 2
(a) ensure the continuity of a public passenger service; or 3
(b) establish a public passenger service.'. 4
of s 40 (Service contracts to include minimum service 5
Amendment
levels) 6
Clause 67. Section 40(1), `operator'-- 7
omit, insert-- 8
`holder'. 9
of s 41 (Other matters to be included in service contracts) 10
Amendment
Clause 68. Section 41(1)(f) to (k), `operator'-- 11
omit, insert-- 12
`holder'. 13
of s 43 (Obligation to hold service contracts) 14
Amendment
Clause 69.(1) Section 43, `type'-- 15
omit, insert-- 16
`kind'. 17
(2) Section 43(b), `an'-- 18
omit, insert-- 19
`a written'. 20
(3) Section 43, penalty, paragraph (a), `an operator'-- 21
omit, insert-- 22
`a holder of a service contract'. 23
s 70 50 s 71
Transport Legislation Amendment
of s 44 (Term of service contracts) 1
Amendment
Clause 70.(1) Section 44(2)-- 2
omit, insert-- 3
`(2) However, the chief executive may, when entering into a service 4
contract for a service contract area or route that does not provide for the 5
exclusive right to operate a public passenger service for the area or route, 6
enter into the contract for a shorter term to ensure that the contract expires 7
on the same day as all other current service contracts of the same kind for 8
the area or route.'. 9
(2) Section 44(3)-- 10
omit, insert-- 11
`(3) Subsection (1) is also subject to the following sections-- 12
(a) section 47; 13
(b) section 53.'. 14
of s 46 (Review of operator's performance) 15
Amendment
Clause 71.(1) Section 46, heading `operator's'-- 16
omit, insert-- 17
`holder's'. 18
(2) Section 46(1), (7) and (8), `operator's'-- 19
omit, insert-- 20
`holder's'. 21
(3) Section 46(2), after `service contract'-- 22
insert-- 23
`, other than a contract under section 44(2) with a term of less than 24
2 years or a temporary service contract,'. 25
(4) Section 46(4), (6), (7), (8)(a) and (b) and (9), `operator'-- 26
omit, insert-- 27
`holder'. 28
s 72 51 s 74
Transport Legislation Amendment
(5) Section 46(5), `operators'-- 1
omit, insert-- 2
`holders'. 3
of s 47 (Breach of service contracts) 4
Amendment
Clause 72.(1) Section 47(1), `an operator'-- 5
omit, insert-- 6
`a holder'. 7
(2) Section 47(1), `the operator'-- 8
omit, insert-- 9
`the holder'. 10
(3) Section 47(1), `operator's'-- 11
omit, insert-- 12
`holder's'. 13
(4) Section 47(2), `person'-- 14
omit, insert-- 15
`holder'. 16
of s 48 (Transfer or surrender of service contracts) 17
Amendment
Clause 73. Section 48(a), `operator's'-- 18
omit, insert-- 19
`holder's'. 20
of s 50 (Commercial and government funded service 21
Amendment
contracts) 22
Clause 74. Section 50(2) and (3), `operator'-- 23
omit, insert-- 24
`holder'. 25
s 75 52 s 77
Transport Legislation Amendment
of s 51 (Conditions of funding) 1
Amendment
Clause 75.(1) Section 51(1), `an operator'-- 2
omit, insert-- 3
`a holder'. 4
(2) Section 51, `the operator'-- 5
omit, insert-- 6
`the holder'. 7
of s 52 (Approval of basis for funding or other financial 8
Amendment
assistance by State) 9
Clause 76. Section 52(3)(a), `operator'-- 10
omit, insert-- 11
`holder'. 12
of s 55 (Entering into a service contract for a scheduled 13
Amendment
service--no existing operators) 14
Clause 77.(1) Section 55, heading, after `scheduled'-- 15
insert-- 16
`passenger'. 17
(2) Section 55(b)-- 18
omit, insert-- 19
`(b) no-one has an entitlement under section 56(1) for the area or 20
route;'. 21
(3) Section 55, `submissions'-- 22
omit, insert-- 23
`offers'. 24
s 78 53 s 78
Transport Legislation Amendment
of s 56 (Entitlement of existing operators) 1
Replacement
Clause 78. Section 56-- 2
omit, insert-- 3
of existing operators 4
`Entitlement
`56.(1) This section applies if-- 5
(a) the chief executive proposes to enter into a service contract (a 6
"new contract") under section 38B for an area or route declared 7
under section 42; and 8
(b) there is an operator (an "existing operator") who already 9
provides a scheduled passenger service of the same kind for the 10
area or route as the service that is to be provided under the new 11
contract; and 12
(c) there is no holder of an existing service contract who must be 13
invited to offer for the contract under section 62(1A). 14
`(2) The existing operator is entitled to the first opportunity, exercised in 15
the way set out in section 57, to offer for the new contract. 16
`(3) This section does not apply to-- 17
(a) a service contract holder operating under a service contract for the 18
area or route-- 19
(i) that states that section 62 does not apply to it; or 20
(ii) if the chief executive has-- 21
(A) issued a notice under sections 46(9) or 62A to the 22
holder; or 23
(B) issued a notice to the holder suspending or cancelling 24
the holder's service contract under section 47(1); or 25
(C) has received notice from the holder that the holder 26
intends to surrender the holder's service contract; or 27
(b) a person providing a service, of the kind that is required to be 28
provided under the service contract, under a written agreement 29
with the holder.'. 30
s 79 54 s 81
Transport Legislation Amendment
of s 57 (Entering into a service contract for a scheduled 1
Replacement
service--single existing operator) 2
Clause 79. Section 57-- 3
omit, insert-- 4
into a service contract for a scheduled passenger service 5
`Entering
`57.(1) This section applies if an existing operator has an entitlement 6
under section 56 in relation to a new contract. 7
`(2) The chief executive must, by written notice, invite the operator to 8
offer, whether by tender or in another way, for a service contract to provide 9
the public passenger service for the area or route under the new contract. 10
`(3) However, the chief executive must, by public notice, invite offers 11
from the public, whether by tender or in another way, for the service 12
contract if-- 13
(a) no offer is made to the invitation within 60 days after it is made, 14
or any extended time under subsection (4); or 15
(b) an offer does not meet, or substantially meet, the requirements of 16
section 59. 17
`(4) The chief executive may by written notice to the existing operator, 18
within the 60 days, extend that time, once only, by a maximum of 19
60 days.'. 20
of s 58 (Entering into a service contract for a scheduled 21
Omission
service--multiple existing operators) 22
Clause 80. Section 58-- 23
omit. 24
of s 59 (Matters to be considered) 25
Replacement
Clause 81. Section 59-- 26
omit, insert-- 27
to be considered 28
`Matters
`59.(1) The chief executive-- 29
s 82 55 s 82
Transport Legislation Amendment
(a) is not obliged to accept any offer for a service contract; and 1
(b) may only accept an offer for a service contract if the chief 2
executive considers the offer to be acceptable for the contract. 3
`(2) In deciding if an offer for a service contract is acceptable, the chief 4
executive must have regard to-- 5
(a) the needs of the community for whose benefit the service is to be 6
provided; and 7
(b) the ability of each offerer to meet the minimum service levels and 8
other standards of performance specified in the offer; and 9
(c) the cost of providing the service; and 10
(d) the need for sustainability and continuity of services; and 11
(e) any matters prescribed under a regulation. 12
`(3) In deciding between 2 or more acceptable offers, the chief executive 13
must select the offer the chief executive considers to be the best having 14
regard to the matters mentioned in subsection (2)(a) to (e). 15
`(4) In this section-- 16
"offer for a service contract", includes an offer to amend a service 17
contract under section 60(3).'. 18
of s 60 (Amendments of service contracts) 19
Amendment
Clause 82. Section 60(2)-- 20
omit, insert-- 21
`(2) Before making a decision under this section, the chief executive 22
must-- 23
(a) give written notice of the chief executive's intended action to-- 24
(i) the holder of the service contract; and 25
(ii) any other operator providing a public passenger service of 26
that kind within the proposed amended area or route; and 27
(b) allow the holder and any other operator a reasonable opportunity 28
to make written representation to the chief executive, about the 29
intended action within 28 days. 30
s 83 56 s 83
Transport Legislation Amendment
`(3) If, after considering all written representations made within the stated 1
time, the chief executive intends proceeding with the proposed amendment 2
in the way stated in the notice, or in another way having regard to the 3
representations, the chief executive must, by written notice, give the holder 4
the first opportunity to offer to provide the service in the amended area or 5
route. 6
`(4) However, the chief executive must, by public notice, invite offers 7
from the public, whether by tender or in another way, for the service 8
contract if-- 9
(a) no offer is made within 60 days of the notice under subsection (3) 10
being given; or 11
(b) an offer is not acceptable or, despite section 59, not substantially 12
acceptable under section 59(2).'. 13
of s 61 (Compensation) 14
Amendment
Clause 83.(1) Section 61(1)-- 15
omit, insert-- 16
`61.(1) This section applies if-- 17
(a) an existing operator is not awarded a service contract for the area 18
or route, or part of the area or route, for which the operator was 19
providing services; or 20
(b) a decision is made under section 60, and an existing service 21
contract holder-- 22
(i) does not offer to provide the service for the amended area or 23
route; or 24
(ii) is not awarded an amendment of the holder's service 25
contract to provide the service for the amended area or route. 26
`(1A) The chief executive may require the holder of the new or amended 27
service contract, as a condition of it, to pay compensation to the existing 28
operator or service contract holder.'. 29
`(2) Section 61(2), `subsection (1)'-- 30
omit, insert-- 31
s 84 57 s 84
Transport Legislation Amendment
`subsection (1A)'. 1
`(3) Section 61(3). `the operators'-- 2
omit, insert-- 3
`the holder of the new or amended service contract and the existing 4
operator or service contract holder'. 5
of s 62 (Offer of new service contract) 6
Amendment
Clause 84.(1) Section 62(1)-- 7
omit, insert-- 8
`62.(1) This section applies if the chief executive-- 9
(a) decides a service contract holder's performance under a service 10
contract (the "existing contract") has been satisfactory; and 11
(b) proposes to offer a new service contract for the same kind of 12
service provided under the existing contract, at the end of its term, 13
for the same, or substantially the same, service contract area or 14
route. 15
`(1A) The chief executive must, by written notice, invite the holder to 16
offer, whether by tender or in another way, for the new service contract.'. 17
(2) Section 62(2), `operator'-- 18
omit, insert-- 19
`holder'. 20
(3) Section 62(2)(c)-- 21
omit, insert-- 22
`(c) fails to make an offer that is acceptable or, despite section 59, is 23
substantially acceptable.'. 24
(4) Section 62(3), `an operator under'-- 25
omit, insert-- 26
`the holder of'. 27
s 85 58 s 86
Transport Legislation Amendment
of new pt 2, s 62A 1
Insertion
Clause 85. After section 62-- 2
insert-- 3
to be given 4
`Notice
`62A. If the chief executive decides, for section 62, a service contract 5
holder's performance under a service contract has not been satisfactory, the 6
chief executive must give the holder written notice of the decision and the 7
reasons for it.'. 8
of new ch 6, pt 2, div 3 9
Insertion
Clause 86. After section 62A-- 10
insert-- 11
`Division 3--Entering into temporary service contracts to ensure 12
continuity of existing service 13
service contracts to ensure continuity of service 14
`Temporary
`62B.(1) This section applies if the chief executive intends to enter into a 15
temporary service contract to ensure the continuity of a service provided 16
under an existing service contract. 17
`(2) The chief executive may-- 18
(a) invite offers from the public or other operators in whatever way 19
the chief executive considers appropriate; and 20
(b) decide the period within which offers must be made. 21
`(3) Section 62 does not apply to the temporary service contract unless-- 22
(a) the temporary service contract provides for the service under the 23
contract to start immediately after the end of the term of the 24
existing service contract; and 25
(b) the holder of the temporary service contract was the holder of the 26
existing service contract; and 27
(c) section 62 applied to the existing service contract.'. 28
s 87 59 s 89
Transport Legislation Amendment
of s 67 (Amendments of taxi service contracts) 1
Amendment
Clause 87. Section 67(2), `operator'-- 2
omit, insert-- 3
`holder'. 4
of s 73 (Term of taxi service licences) 5
Amendment
Clause 88.(1) Section 73(2), `However, it may'-- 6
omit, insert-- 7
`It must'. 8
(2) Section 73(3), `The'-- 9
omit, insert-- 10
`However, the'. 11
of s 74 (Conditions of taxi service licences) 12
Amendment
Clause 89.(1) Section 74(2)(d)-- 13
omit, insert-- 14
`(d) subject to section 74B-- 15
(i) state the vehicle to be used under the licence; and 16
(ii) require the operator to display a registration plate on the 17
vehicle distinguishing it as a taxi.'. 18
(2) Section 74(4), `holder'-- 19
omit, insert-- 20
`operator'. 21
(3) Section 74(4), penalty, `for subsection (4)'-- 22
omit. 23
(4) Section 74-- 24
insert-- 25
s 90 60 s 91
Transport Legislation Amendment
`(5) The operator of a taxi service must ensure that a written notice 1
stating the following is kept inside the taxi used to provide the service and is 2
readily available to the driver-- 3
(a) the area, stated in the taxi service licence for the taxi, in which the 4
taxi may be operated; 5
(b) any other restrictions to which the licence is subject. 6
Maximum penalty--40 penalty units. 7
`(6) The driver of the taxi must not operate it-- 8
(a) in a taxi service area in which it is not licensed to operate; or 9
(b) in a way that contravenes a restriction to which the licence is 10
subject. 11
Maximum penalty--40 penalty units.'. 12
of new s 74B 13
Insertion
Clause 90. After section 74A-- 14
insert-- 15
taxi 16
`Substitute
`74B. A regulation may-- 17
(a) allow a vehicle, other than the vehicle stated in a taxi service 18
licence, to be used under the licence in stated circumstances and 19
on stated conditions; and 20
(b) exempt an operator of a taxi service from complying with a 21
condition of the taxi service licence under section 74(2)(d)(ii).'. 22
of s 86 (Term of limousine service licence) 23
Amendment
Clause 91.(1) Section 86(2), `However, it may'-- 24
omit, insert-- 25
`It must'. 26
s 92 61 s 92
Transport Legislation Amendment
(2) Section 86(3), `The'-- 1
omit, insert-- 2
`However, the'. 3
of s 87 (Conditions of limousine service licences) 4
Amendment
Clause 92.(1) Section 87(2)(d)-- 5
omit, insert-- 6
`(d) subject to section 87A-- 7
(i) state the vehicle to be used in the licence; and 8
(ii) require the operator to display a registration plate on the 9
vehicle distinguishing it as a limousine.'. 10
(2) Section 87(4), `holder'-- 11
omit, insert-- 12
`operator'. 13
(3) Section 87(4), penalty, `for subsection (4)'-- 14
omit. 15
(4) Section 87-- 16
insert-- 17
`(5) The operator of a limousine service must ensure that a written notice 18
stating the following is kept inside the limousine used to provide the service 19
and is readily available to the driver-- 20
(a) the area stated in the limousine service licence for the limousine in 21
which the limousine may be operated; 22
(b) any other restrictions to which the licence is subject. 23
Maximum penalty--40 penalty units. 24
`(6) The driver of the limousine must not operate it-- 25
(a) in a limousine service area in which it is not licensed to operate; 26
or 27
s 93 62 s 94
Transport Legislation Amendment
(b) in a way that contravenes a restriction to which the licence is 1
subject. 2
Maximum penalty--40 penalty units.'. 3
of new s 87A 4
Insertion
Clause 93. After section 87-- 5
insert-- 6
limousine 7
`Substitute
`87A. A regulation may-- 8
(a) allow a vehicle, other than the vehicle stated in a limousine service 9
licence, to be used under the licence in stated circumstances and 10
on stated conditions; and 11
(b) exempt an operator of a limousine service from complying with a 12
condition of the limousine service licence under 13
section 87(2)(d)(ii).'. 14
of ch 10 (Review of and appeals against decisions) 15
Replacement
Clause 94. Chapter 10-- 16
omit, insert-- 17
`CHAPTER 10--REVIEW OF AND APPEALS 18
AGAINST DECISIONS 19
of and appeals against decisions 20
`Review
`102.(1) A person whose interests are affected by a decision (the 21
"original decision") stated in schedule 2 may ask the chief executive to 22
review the decision. 23
`(2) The person is entitled to receive a statement of reasons for the 24
original decision whether of not the provision of the Act under which the 25
decision is made requires that the person be given a statement of reasons for 26
the decision. 27
s 95 63 s 95
Transport Legislation Amendment
`(3) The Transport Planning and Coordination Act 1994, part 5, 1
division 2-- 2
(a) applies to the review; and 3
(b) provides-- 4
(i) for the procedure for applying for the review and the way it 5
is to be carried out; and 6
(ii) that the original decision may be stayed by the person by 7
applying to the court mentioned in subsection (4). 8
`(4) Also, after the chief executive confirms or amends the original 9
decision or substitutes another decision, the person may appeal against the 10
confirmed, amended or substituted decision (the "reviewed decision") to 11
the court stated in schedule 2. 12
`(5) The Transport Planning and Coordination Act 1994, part 5, 13
division 3-- 14
(a) applies to the appeal; and 15
(b) provides-- 16
(i) for the procedure for the appeal and the way it is to be 17
disposed of; and 18
(ii) that the reviewed decision may be stayed by the person by 19
applying to the court mentioned in subsection (3).'. 20
of s 111 (Appointment of authorised persons etc.) 21
Amendment
Clause 95.(1) Section 111(1)-- 22
omit, insert-- 23
`111.(1) Every police officer is an authorised person. 24
`(1A) The chief executive may appoint any of the following persons to 25
be an authorised person-- 26
(a) a public service employee; 27
(b) another person prescribed under a regulation.'. 28
s 96 64 s 97
Transport Legislation Amendment
(2) Section 111(2), `(other than a police officer)'-- 1
omit. 2
(3) Section 111(3), `an authorised person's powers'-- 3
omit, insert-- 4
`the powers of an authorised person (other than a police officer)'. 5
of s 113 (Production or display of authorised person's 6
Replacement
identity card) 7
Clause 96. Section 113-- 8
omit, insert-- 9
or display of authorised person's identity card 10
`Production
`113.(1) This section does not apply to a uniformed police officer. 11
`(2) An authorised person may exercise a power in relation to someone 12
else only if-- 13
(a) the person-- 14
(i) for a police officer who is not in uniform--first produces the 15
person's police identity card for the other person's 16
inspection; or 17
(ii) for any other authorised person--first produces the person's 18
identity card for the other person's inspection; or 19
(b) the authorised person has the person's identity card displayed so 20
that it is clearly visible to the other person. 21
`(3) However, if for any reason it is not practicable to comply with 22
subsection (2) before exercising the power, the authorised person must 23
produce the identity card for the other person's inspection as soon as it is 24
practicable.'. 25
of s 116 (Appointment of authorised persons for 26
Amendment
railways) 27
Clause 97.(1) Section 116(2)-- 28
omit, insert-- 29
s 98 65 s 99
Transport Legislation Amendment
`(2) The chief executive may appoint any of the following to be an 1
authorised person for the railway-- 2
(a) an employee of the railway manager or operator; 3
(b) a person prescribed under a regulation; 4
(c) if the chief executive intends to require the authorised person to 5
investigate a matter under the Transport Infrastructure Act 1994, 6
section 103(2)9 about the railway-- 7
(i) an employee of the railway manager or operator; or 8
(ii) any other person.'. 9
of s 117 (Identity cards) 10
Amendment
Clause 98.(1) Section 117(2)-- 11
omit, insert-- 12
`(2) A railway manager or operator must give an identity card to each 13
person appointed as an authorised person for the railway under 14
section 116(2)(a) or (b). 15
`(2A) The chief executive must give an identity card to each person 16
appointed as an authorised person for the railway under section 116(2)(c).'. 17
(2) Section 117(4), before `railway manager'-- 18
insert-- 19
`chief executive,'. 20
of s 124 (General powers in relation to places and 21
Amendment
vehicles) 22
Clause 99.(1) Section 124(1)(d), `of vehicle'-- 23
omit, insert-- 24
`or vehicle'. 25
9 Section 103 (Investigations by authorised person)
s 100 66 s 101
Transport Legislation Amendment
(2) Section 124-- 1
insert-- 2
`(1A) It is unnecessary for an authorised person who may enter or board 3
a vehicle under this chapter, to enter or board the vehicle to make a 4
requirement under subsection (1)(g) of the person in control of the vehicle 5
(the "driver") if the authorised person is physically able to make the 6
requirement of the driver without entering or boarding the vehicle.'. 7
of new s 124A 8
Insertion
Clause 100. After section 124-- 9
insert-- 10
to require limousines to be moved 11
`Power
`124A.(1) This section applies if an authorised person reasonably 12
believes a limousine is plying or standing for hire in a place other than a 13
place where it is authorised under this Act to ply or stand for hire. 14
`(2) The authorised person may require the person in control (the 15
"controller") of the limousine to move the limousine to a place where it 16
may lawfully ply or stand for hire. 17
`(3) When making the requirement, the authorised person must warn the 18
controller it is an offence to fail to move the limousine as required unless 19
the controller has a reasonable excuse. 20
`(4) The controller must comply with the requirement unless the 21
controller has a reasonable excuse. 22
Maximum penalty--40 penalty units. 23
`(5) This section does not limit any other power the authorised person 24
may exercise in relation to the limousine or its controller under this Act.'. 25
of s 125 (Power to seize evidence) 26
Amendment
Clause 101. Section 125(2), after `offence'-- 27
insert-- 28
`against'. 29
s 102 67 s 103
Transport Legislation Amendment
of s 128 (Power to require information from certain 1
Amendment
persons) 2
Clause 102.(1) Section 128-- 3
insert-- 4
`(2A) Also, the authorised person may, by written notice, require the 5
person to attend the office of the authorised person at a stated reasonable 6
time to give the information.'. 7
(2) Section 128(3)-- 8
omit, insert-- 9
`(3) When making a requirement under subsection (2) or (2A), the 10
authorised person must warn the person it is an offence to fail to give the 11
information or attend at the time and place stated in the notice unless the 12
person has a reasonable excuse.'. 13
(3) Section 128(4), `the requirement'-- 14
omit, insert-- 15
`a requirement under subsection (2) or (2A)'. 16
of new s 143A 17
Insertion
Clause 103. Chapter 11, part 7-- 18
insert-- 19
of concession entitlement 20
`Evidence
`143A.(1) A person who buys a concession ticket must carry evidence of 21
the person's entitlement to the concession when-- 22
(a) buying the ticket; or 23
(b) travelling on the journey for which the ticket is issued. 24
`(2) An authorised person for a railway may require someone who has 25
bought a concession ticket to produce evidence of the person's entitlement 26
to the concession. 27
s 104 68 s 104
Transport Legislation Amendment
`(3) A person must comply with the requirement unless the person has a 1
reasonable excuse. 2
Maximum penalty--20 penalty units.'. 3
of new s 143B 4
Insertion
Clause 104. Chapter 12-- 5
insert-- 6
of basis for funding for transport function 7
`Approval
`143B.(1) The chief executive may enter into an agreement providing for 8
help from the State for a transport function only if the Minister has 9
approved the basis on which the help is to be provided. 10
`(2) In considering whether to give an approval under subsection (1), the 11
Minister must have regard to the principle that help from the State for a 12
transport function should be provided principally for-- 13
(a) public passenger services that the government requires to be 14
provided and that would not be provided, or provided at the same 15
level, without help from the State; or 16
(b) facilities for public passenger services that the government 17
requires to be provided and that would not be provided, or 18
provided at the same level, without help from the State; or 19
(c) vehicles that the government requires to be used on public 20
passenger services and that would not be provided, or provided at 21
the same level, without help from the State. 22
`(3) Each annual report of the department must include-- 23
(a) details of help provided by the State to a person who receives help 24
during the year to which the report relates; and 25
(b) reasons for the help. 26
`(4) In this section-- 27
"help" includes funding and financial or other assistance. 28
"transport function" means a function under this Act or that is necessary 29
or incidental to achieving the objectives of this Act but does not 30
include-- 31
s 105 69 s 108
Transport Legislation Amendment
(a) funding or other financial assistance under section 52; or 1
(b) arrangements under section 144; or 2
(c) financial arrangements under sections 172C to 172F.'. 3
of s 148 (Inquiries about person's suitability to hold 4
Amendment
accreditation or authorisation) 5
Clause 105. Section 148(1)(a), after `operator accreditation'-- 6
insert-- 7
`or driver authorisation'. 8
of s 161 (Arrangements for school transport--fixed term 9
Amendment
contracts) 10
Clause 106. Section 161(4), `Section 62(1)'-- 11
omit, insert-- 12
`Section 62'. 13
of sch 2 (Appeals against administrative decisions) 14
Amendment
Clause 107.(1) Schedule 2, heading-- 15
omit, insert-- 16
`REVIEWABLE DECISIONS'. 17
(2) Schedule 2, `sections 104 and 109'-- 18
omit, insert-- 19
`section 102'. 20
of sch 3 (Dictionary) 21
Amendment
Clause 108.(1) Schedule 3, definitions "long distance scheduled passenger 22
service", "obstruct", "road", "taxi service" and "tourist service"-- 23
omit. 24
s 108 70 s 108
Transport Legislation Amendment
(2) Schedule 3-- 1
insert-- 2
` "accommodation house" means a place providing lodging or food and 3
lodging to the public. 4
"accommodation transfer service" means a public passenger service-- 5
(a) that-- 6
(i) is provided for travellers arriving in or departing from an 7
area; and 8
(ii) operates between an airport, ferry terminal, intercity bus 9
terminal or railway terminal and an accommodation house in 10
the area; and 11
(b) that requires journeys on the service to be pre-booked and travel 12
documentation for them to be issued before the travellers arrive in 13
the area. 14
"established route", for a scheduled passenger service, includes 15
reasonable deviations from the route that do not substantially affect the 16
service's regular timetable. 17
"excluded public passenger service" means any of the following-- 18
(a) a charter bus service; 19
(b) a community transport service; 20
(c) a courtesy transport service; 21
(d) a limousine service; 22
(e) a long distance scheduled passenger service; 23
(f) a scheduled passenger service; 24
(g) a tourist service. 25
"free of charge", for a courtesy transport service, includes without any of 26
the following-- 27
(a) any payment or other consideration for the service; 28
(b) requiring or asking for a levy, donation or other monetary 29
contribution for the service, for example, the purchase of a ticket 30
in a raffle; 31
s 108 71 s 108
Transport Legislation Amendment
(c) displaying a receptacle, whether on the vehicle used to provide the 1
service or elsewhere, in such a way as to suggest that a donation 2
is expected or required to travel on the vehicle. 3
"holder", for a service contract, means the operator-- 4
(a) with whom the chief executive has entered the contract under 5
section 38B; or 6
(b) to whom the contract has been transferred under section 48(a). 7
"individual fares", for a charter bus service, include-- 8
(a) payment for a thing if the payment entitles the person making it to 9
travel on the bus; and 10
(b) a charge for the charter that is calculated on a per person basis. 11
"insult" includes abuse. 12
"long distance scheduled passenger service" means a road based 13
scheduled passenger service in which passengers are carried on an 14
established route-- 15
(a) for an average distance of at least 40 km; or 16
(b) between non-adjoining service contract areas or routes. 17
"obstruct" includes abuse, hinder, insult, resist, threaten or attempt to 18
obstruct. 19
"railway", for chapter 11, includes carparks and bus stations under a 20
railway manager's control. 21
"road" means-- 22
(a) an area of land dedicated to public use as a road; or 23
(b) an area that is open to or used by the public and is developed for, 24
or has as 1 of its main uses, the driving or riding of motor 25
vehicles; or 26
(c) a bridge, culvert, ferry, ford, tunnel or viaduct; or 27
(d) a pedestrian or bicycle path; or 28
(e) a part of an area, bridge, culvert, ferry, ford, tunnel, viaduct or 29
path mentioned in paragraphs (a) to (d). 30
s 108 72 s 108
Transport Legislation Amendment
"taxi service" means a public passenger service, other than an excluded 1
public passenger service, provided by a motor vehicle under which the 2
vehicle-- 3
(a) is able, when not hired, to be hailed for hire by members of the 4
public; or 5
(b) provides a demand responsive service under which members of 6
the public are able to hire the vehicle through electronic 7
communication; or 8
(c) plys or stand for hire on a road. 9
"temporary service contract" see section 38A. 10
"tourist service" means a pre-booked public passenger service operated in 11
accordance with a publicly available itinerary to-- 12
(a) a common scenic or tourist attraction; or 13
(b) if the service is not wholly within a service contract area or 14
route-- a major sporting or cultural event. 15
"tourist transfer service" means a public passenger service-- 16
(a) that operates between-- 17
(i) an accommodation house or a place prescribed under a 18
regulation; and 19
(ii) a tourist attraction or tourist service; and 20
(b) where journeys on the service are pre-booked before the time of 21
travel.'. 22
(3) Schedule 3, definition "authorised driver", `accreditation'-- 23
omit, insert-- 24
`authorisation'. 25
(4) Schedule 3, definitions "community transport service" and 26
"courtesy transport service", `passenger transport'-- 27
omit, insert-- 28
`public passenger'. 29
s 109 73 s 110
Transport Legislation Amendment
(5) Schedule 3, definition "courtesy transport service", `vehicle of'-- 1
omit, insert-- 2
`vehicle owned or leased by'. 3
(6) Schedule 3, definition "scheduled passenger service", all words 4
after `include'-- 5
omit, insert-- 6
`the following-- 7
(a) an accommodation transfer service; 8
(b) a long distance scheduled passenger service; 9
(c) a tourist service; 10
(d) a tourist transfer service.'. 11
(7) Schedule 3, definition "school service", after `children'-- 12
insert-- 13
`to and from school (other than for school excursions) on days that 14
schools are open for instruction'. 15
ART 8--AMENDMENT OF TRANSPORT 16
P
OPERATIONS (ROAD USE MANAGEMENT) ACT 17
1995 18
amended in pt 8 19
Act
Clause 109. This part amends the Transport Operations (Road Use 20
Management) Act 1994. 21
of s 3 (Objectives) 22
Amendment
Clause 110.(1) Section 3(1)-- 23
insert-- 24
s 111 74 s 111
Transport Legislation Amendment
`(c) provide for the effective and efficient management of vehicle use 1
in a public place.'. 2
(2) Section 3(2)(a), (b), (e) and (f), `other'-- 3
omit. 4
of new ch 3, pt 1A 5
Insertion
Clause 111. Section 18-- 6
omit, insert-- 7
`PART 1A--APPROVALS 8
9
`Definition
`17A. In this part-- 10
"approval" includes accreditation, certificate, consent, exemption, licence 11
and permit given or granted by the chief executive under this Act but 12
does not include an approval under section 82. 13
renewing or refusing approval 14
`Granting,
`17B.(1) A regulation may provide for the granting, issuing or renewing 15
of, or refusing to grant or renew, an approval. 16
`(2) Without limiting subsection (1), a regulation may authorise the chief 17
executive to refuse to grant or renew an approval prescribed under a 18
regulation if the applicant or holder has been-- 19
(a) convicted of a disqualifying offence; or 20
(b) charged with a disqualifying offence and the charge has not been 21
finally disposed of. 22
`(3) In this section-- 23
"approval" does not include an approval for an alternative compliance 24
scheme under section 15.'. 25
s 112 75 s 112
Transport Legislation Amendment
for amending suspending or cancelling approvals 1
`Grounds
`18. Each of the following is a ground for amending, suspending or 2
cancelling an approval-- 3
(a) the approval was issued because of a document or representation 4
that is-- 5
(i) false or misleading; or 6
(ii) obtained or made in another improper way; 7
(b) the holder of the approval has contravened a condition of the 8
approval; 9
(c) the holder has been convicted of-- 10
(i) an offence against this Act or a corresponding law; or 11
(ii) for the holder of an approval prescribed under a 12
regulation--a disqualifying offence; 13
(d) for an approval of an alternative compliance scheme under 14
section 16-- 15
(i) the scheme is not, or is no longer, an effective way of 16
demonstrating the operator's vehicles or drivers operating 17
under it in Queensland achieve and maintain at least the 18
relevant performance standard; or 19
(ii) for an interstate scheme--the approval under a 20
corresponding law to this chapter is amended, suspended or 21
cancelled.'. 22
of s 19 (Procedure for amending, suspending or 23
Amendment
cancelling approvals) 24
Clause 112.(1) Section 19(1), from `If the chief executive' to `written notice'-- 25
omit, insert-- 26
`If the chief executive considers a ground exists to amend, suspend or 27
cancel an approval, (the "proposed action" ), the chief executive must give 28
the holder written notice'. 29
s 113 76 s 113
Transport Legislation Amendment
(2) Section 19(1)(f), (3), (6), (8)(b) and (9), `operator'-- 1
omit, insert-- 2
`holder'. 3
(3) Section 19(4)(b) to (d)-- 4
omit, insert-- 5
`(b) that the holder may-- 6
(i) under section 65--ask for the decision to be reviewed and 7
appeal against the reviewed decision; and 8
(ii) under the Transport Planning and Coordination Act 1994, 9
part 5--ask for the decision or the reviewed decision to be 10
stayed.'. 11
(4) Section 19(7)(b) to (d)-- 12
omit, insert-- 13
(b) that the holder may-- 14
(i) under section 65--ask for the decision to be reviewed and 15
appeal against the reviewed decision; and 16
(ii) under the Transport Planning and Coordination Act 1994, 17
part 5--ask for the decision or the reviewed decision to be 18
stayed.'. 19
(5) Section 19(8)(a)(ii), `operator's'-- 20
omit, insert-- 21
`holder's'. 22
of s 26 (Entry to places) 23
Amendment
Clause 113. Section 26(1)-- 24
insert-- 25
`(d) for a place other than in a dwelling house-- 26
(i) the officer reasonably believes-- 27
(A) a vehicle is for sale in the place; and 28
s 114 77 s 116
Transport Legislation Amendment
(B) the place is open for entry to anyone interested in 1
purchasing the vehicle; and 2
(ii) the entry is made between sunrise and sunset; or 3
(e) the officer reasonably believes a dangerous situation exists in the 4
place and it is necessary for the officer to enter it to take action 5
under section 51E to prevent the danger.'. 6
of s 33 (Power to require vehicles to be moved) 7
Amendment
Clause 114. Section 33-- 8
insert-- 9
`(3A) Despite subsection (3), a stated reasonable place for a heavy 10
vehicle may be any place along the vehicle's route to its destination or 11
within 25 km of the route.'. 12
of s 34 (Power to inspect vehicles) 13
Amendment
Clause 115. Section 34(1)-- 14
omit, insert-- 15
`34.(1) This section applies to a motor vehicle that-- 16
(a) is stationary on a road; or 17
(b) has been stopped under section 31 or 32; or 18
(c) is in a place an authorised officer has entered under section 26.'. 19
of s 35 (Power to enter vehicles etc. other than for vehicle 20
Amendment
inspection) 21
Clause 116. Section 35(1)-- 22
omit, insert-- 23
`35.(1) This section applies to an authorised officer who reasonably 24
believes-- 25
(a) a vehicle in a place the officer has entered under section 26 is 26
used, or is being used, to transport dangerous goods; or 27
s 117 78 s 119
Transport Legislation Amendment
(b) a heavy vehicle is being, or has just been, used to transport 1
dangerous goods; or 2
(c) a vehicle is being, or has just been, used to commit an offence 3
against a transport Act; or 4
(d) a vehicle, or a thing in the vehicle, may provide evidence of an 5
offence against a transport Act that is being, or has just been, 6
committed; or 7
(e) the driver of a heavy vehicle is required under a regulation to keep 8
a document relating to driving hours.'. 9
of s 37 (Power to prohibit use of vehicles) 10
Amendment
Clause 117. Section 37(1), after `road'-- 11
insert-- 12
`or public place'. 13
of s 43 (Forfeiture of seized things) 14
Amendment
Clause 118. Section 43(4)(b) to (d)-- 15
omit, insert-- 16
`(b) the owner may-- 17
(i) under section 65--ask for the decision to be reviewed and 18
appeal against the reviewed decision; and 19
(ii) under the Transport Planning and Coordination Act 1994, 20
part 5--ask for the decision or the reviewed decision to be 21
stayed.'. 22
of new ch 3, pt 3, div 3A 23
Insertion
Clause 119. After section 46-- 24
insert-- 25
s 119 79 s 119
Transport Legislation Amendment
`Division 3A--Additional seizure powers for certain vehicles for sale 1
certain vehicles for sale 2
`Seizing
`46A.(1) This section applies if-- 3
(a) an authorised officer reasonably believes a vehicle is for sale on a 4
place that is not-- 5
(i) the premises of a person licensed to conduct the business of 6
a motor dealer under the Auctioneers and Agents Act 1971; 7
or 8
(ii) a private dwelling or its curtilage; and 9
(b) a document specified under a regulation for the vehicle is-- 10
(i) not displayed on the vehicle in the way required under the 11
regulation; or 12
(ii) if a document is displayed on the vehicle as required under 13
the regulation and the authorised officer has inspected the 14
vehicle under section 34--in the reasonable opinion of the 15
officer, false or misleading in a material particular; and 16
(c) the authorised officer reasonably believes an offence that may be 17
constituted by anything mentioned in paragraph (b) involving the 18
vehicle has been committed; and 19
(d) the authorised officer, after making reasonable inquiries-- 20
(i) can not find the person (the "seller") selling the vehicle, 21
whether as owner or otherwise; or 22
(ii) if the seller is found, reasonably believes a name or address 23
given by the seller is false; and 24
(e) while making the inquiries, the authorised officer warned any 25
person to whom the officer has made an inquiry about the vehicle 26
that it may be seized if the authorised officer-- 27
(i) can not find the seller; or 28
(ii) reasonably believes the things mentioned in 29
paragraph (d)(ii). 30
s 119 80 s 119
Transport Legislation Amendment
`(2) The authorised officer may seize the vehicle and move it from the 1
place where it was seized. 2
`(3) A person may reclaim the vehicle by-- 3
(a) satisfying an authorised officer the person claiming the vehicle is 4
the owner; and 5
(b) paying the reasonable costs of seizing, moving and storing the 6
vehicle and the seizure notice under subsection (4). 7
`(4) The chief executive must, as soon as possible after a vehicle is seized 8
under this section, give notice (a "seizure notice") of its seizure in a 9
newspaper circulating in the locality where the vehicle was seized. 10
`(5) The seizure notice must state the following-- 11
(a) a description of the vehicle and any registration number displayed 12
on it; 13
(b) where and when it was seized; 14
(c) a statement to the effect of subsection (3). 15
`(6) If the vehicle is not reclaimed within 1 month after the seizure notice 16
is published, the chief executive may sell the vehicle by public auction. 17
`(7) The proceeds of the sale of the vehicle must be applied as follows-- 18
(a) firstly, in payment of the expenses of the sale; 19
(b) secondly in payment of the costs of seizing, moving and storing 20
the vehicle and the seizure notice; 21
(c) thirdly, in payment of the balance to the owner, or if the owner 22
cannot be found, into the consolidated fund. 23
`(8) An authorised officer is taken to have made reasonable inquiries to 24
find a person mentioned in subsection (1)(d) if the officer has not been able 25
to find the person after making reasonable inquiries-- 26
(a) at an address indicated on or near the vehicle not more than 27
10 km from the vehicle; or 28
(b) by making a telephone call to a phone number displayed on or 29
near the vehicle. 30
`(9) Sections 42 and 45 apply to a vehicle seized under this section with 31
all necessary changes.'. 32
s 120 81 s 121
Transport Legislation Amendment
of s 50 (Power to require information) 1
Amendment
Clause 120. Section 50(1), definition "information offence", paragraph (a)-- 2
omit, insert-- 3
`(a) involves-- 4
(i) a heavy vehicle; or 5
(ii) a contravention of a regulation made under section 76; and'. 6
of new ch 3, pt 3, div 5 7
Insertion
Clause 121. After section 50-- 8
insert-- 9
5--Remedial action notices 10
`Division
to give remedial action notices 11
`Power
`50A.(1) This section applies if an authorised officer reasonably believes 12
a person-- 13
(a) has contravened a provision of this Act about the transport of 14
dangerous goods in circumstances that indicate that it is likely the 15
contravention will be repeated; or 16
(b) is contravening a provision of this Act about the transport of 17
dangerous goods. 18
`(2) The authorised officer may give the person a written notice (a 19
"remedial action notice") requiring the person to remedy the cause of the 20
contravention. 21
`(3) The notice must state the following-- 22
(a) the provision the officer reasonably believes the person has 23
contravened or is contravening; 24
(b) the grounds for the belief; 25
(c) that the person must remedy the contravention within a stated 26
reasonable time. 27
s 122 82 s 122
Transport Legislation Amendment
`(4) The notice may also state the steps the authorised officer reasonably 1
believes are necessary to remedy the contravention, or avoid further 2
contravention, of the provision. 3
`(5) If the notice relates to a vehicle, it may be given by securely attaching 4
it to the vehicle in a conspicuous position. 5
`(6) The person must comply with the notice. 6
Maximum penalty--the maximum penalty for the contravention of the 7
provision about which the notice is given. 8
`(7) A person must not remove a remedial action notice from a vehicle 9
before the steps stated in the notice are taken. 10
Maximum penalty--135 penalty units. 11
`(8) However, the person to whom the notice is given does not 12
contravene subsection (7) if the person removes the notice from the vehicle 13
and immediately reads it and reattaches it to the vehicle.'. 14
of new ch 3, pt 4A 15
Insertion
Clause 122. After section 51-- 16
insert-- 17
`PART 4A--ADDITIONAL POWERS OF 18
AUTHORISED OFFICERS TO PREVENT 19
DANGEROUS SITUATION 20
21
`Application
`51A. This part applies only if an authorised officer reasonably believes a 22
dangerous situation exists. 23
power to require information or produce document 24
`Additional
`51B.(1) This section applies if the authorised officer reasonably believes 25
a person may be able to give information or produce a document that will 26
help to prevent the dangerous situation. 27
s 122 83 s 122
Transport Legislation Amendment
`(2) The officer may require the person to give the information or 1
produce the document. 2
`(3) The person must give the information or produce the document 3
unless the person has a reasonable excuse. 4
Maximum penalty-- 5
(a) if the contravention results in death or grievous bodily harm to a 6
person--270 penalty units; or 7
(b) otherwise--135 penalty units. 8
incrimination no excuse 9
`Self
`51C.(1) The fact that giving the information or providing the document 10
might tend to incriminate the person is not a reasonable excuse for 11
section 51B(3). 12
`(2) However, the information or document is not admissible in evidence 13
against the person, other than a corporation, in criminal proceedings apart 14
from proceedings for an offence against sections 52 or 53. 15
to give directions in dangerous situations 16
`Power
`51D.(1) This section applies if the authorised officer reasonably believes 17
a person is in a position to take steps to prevent the dangerous situation. 18
`(2) The authorised officer may give the person a written notice (a 19
"dangerous situation notice") requiring the person to take the steps 20
reasonably necessary to prevent the dangerous situation. 21
`(3) The notice must state the following-- 22
(a) the situation the authorised officer believes is causing the danger; 23
(b) the grounds for the belief; 24
(c) the steps the person must take to prevent the danger; 25
(d) that the person must take the steps within a stated reasonable 26
time. 27
`(4) If the notice relates to a vehicle, it may be given by securely attaching 28
it to the vehicle in a conspicuous position. 29
s 123 84 s 123
Transport Legislation Amendment
`(5) The person must comply with the notice. 1
Maximum penalty-- 2
(a) if the contravention results in death or grievous bodily harm to a 3
person--270 penalty units; or 4
(b) otherwise--135 penalty units. 5
`(6) A person must not remove a dangerous situation notice from a 6
vehicle before the steps stated in the notice are taken. 7
Maximum penalty--135 penalty units. 8
`(7) However, the person to whom the notice is given does not 9
contravene subsection (6) if the person removes the notice from the vehicle 10
and immediately reads it and reattaches it to the vehicle. 11
injury and damage--taking direct action 12
`Preventing
`51E.(1) This section applies if the authorised officer reasonably 13
believes-- 14
(a) a person given a remedial action notice under section 50A or 15
dangerous situation notice has not complied with the notice; or 16
(b) having regard to the nature of the dangerous situation, action 17
under a remedial action or dangerous situation notice is 18
inappropriate to prevent the danger. 19
`(2) The authorised officer may take, or cause to be taken, the action the 20
officer reasonably believes is necessary to prevent the danger. 21
`(3) The action an authorised officer may take includes asking someone 22
the officer reasonably believes has appropriate knowledge and experience to 23
help the officer prevent the danger. 24
`(4) If the person agrees to help, the person is taken to have the powers 25
of an authorised officer to the extent reasonably necessary for the person to 26
help prevent the danger.'. 27
of s 53 (False, misleading or incomplete documents) 28
Amendment
Clause 123. Section 53(4), `subsection (1)'-- 29
s 124 85 s 124
Transport Legislation Amendment
omit, insert-- 1
`subsection (2)'. 2
of s 57 (Liability for offences) 3
Replacement
Clause 124. Section 57-- 4
omit, insert-- 5
officers must ensure corporation complies with transport 6
`Executive
Act 7
`57.(1) The executive officers of a corporation must ensure the 8
corporation complies with a transport Act. 9
`(2) If a corporation commits an offence against a provision of a 10
transport Act, each of the corporation's executive officers also commits an 11
offence, namely, the offence of failing to ensure the corporation complies 12
with the provision. 13
Maximum penalty--the maximum penalty for the contravention of the 14
provision by an individual. 15
`(3) Evidence that a corporation has been convicted of an offence against 16
a provision of a transport Act is evidence each of the corporation's 17
executive officers committed the offence of failing to ensure the corporation 18
complies with the provision. 19
`(4) However, it is a defence for an executive officer to prove-- 20
(a) if the officer was in a position to influence the corporation's 21
conduct in relation to the offence--that the officer exercised 22
reasonable diligence and took reasonable steps to ensure the 23
corporation complied with the provision; or 24
(b) the officer was not in a position to influence the corporation's 25
conduct in relation to the offence. 26
for acts or omissions of representatives 27
`Responsibility
`57A.(1) This section applies in a proceeding for an offence against a 28
transport Act. 29
s 124 86 s 124
Transport Legislation Amendment
`(2) If it is relevant to prove a person's state of mind about a particular 1
act or omission, it is enough to show-- 2
(a) the act was done or omitted to be done by a representative of the 3
person within the scope of the representative's actual or apparent 4
authority; and 5
(b) the representative had the state of mind. 6
`(3) An act for a person done, or omitted to be done, by a representative 7
of the person within the scope of the representative's actual or apparent 8
authority is taken to have been done or omitted to be done also by the 9
person unless the person proves-- 10
(a) if the person was in a position to influence the representative's 11
conduct in relation to the act or omission--the person exercised 12
reasonable diligence and took reasonable steps to prevent the act 13
or omission; or 14
(b) the person was not in a position to influence the representative's 15
conduct in relation to the act or omission. 16
`(4) In this section-- 17
"representative" means-- 18
(a) for a corporation--an executive officer, employee or agent of the 19
corporation; or 20
(b) for an individual--an employee or agent of the individual. 21
liability provisions for extended liability offences 22
`Further
`57B.(1) This section only applies-- 23
(a) for an extended liability offence; and 24
(b) to an influencing person. 25
`(2) If the driver, or other person in control, of a heavy vehicle commits 26
an extended liability offence, an influencing person is also taken to have 27
committed the offence unless the influencing person proves-- 28
(a) if the influencing person was in a position to influence the 29
conduct of the driver or other person in relation to the act or 30
omission--the influencing person exercised reasonable diligence 31
s 125 87 s 125
Transport Legislation Amendment
and took reasonable steps to prevent the act or omission; or 1
(b) the influencing person was not in a position to influence the 2
conduct of the driver or other person in relation to the act or 3
omission. 4
`(3) In this section-- 5
"extended liability offence" means an offence against a transport Act 6
that-- 7
(a) involves a heavy vehicle; and 8
(b) is declared under a regulation to be an extended liability offence. 9
"influencing person" means the following persons-- 10
(a) the owner of the vehicle; 11
(b) if someone else controls or directly influences the loading or 12
operation of the vehicle--the other person.'. 13
of ch 4 (Review of and appeals against decisions) 14
Replacement
Clause 125. Chapter 4-- 15
omit, insert-- 16
HAPTER 4--REVIEW OF AND APPEALS 17
`C
AGAINST DECISIONS 18
of and appeals against decisions 19
`Review
`65.(1) A person whose interests are affected by a decision (the "original 20
decision") described in schedule 2A may ask the chief executive or 21
commissioner to review the decision. 22
`(2) The person is entitled to receive a statement of reasons for the 23
original decision whether or not the provision of the Act under which the 24
decision is made requires that the person be given a statement of reasons for 25
the decision. 26
`(3) The Transport Planning and Coordination Act 1994, part 5, 27
division 2-- 28
s 126 88 s 127
Transport Legislation Amendment
(a) applies to the review; and 1
(b) provides-- 2
(i) for the procedure for applying for the review and the way it 3
is to be carried out; and 4
(ii) that the original decision may be stayed by the person by 5
applying to the court mentioned in subsection (4). 6
`(4) Also, after the chief executive or commissioner confirms or amends 7
the original decision or substitutes another decision, the person may appeal 8
against the confirmed, amended or substituted decision (the "reviewed 9
decision") to the court stated in schedule 2A. 10
`(5) The Transport Planning and Coordination Act 1994, part 5, 11
division 3-- 12
(a) applies to the appeal; and 13
(b) provides-- 14
(i) for the procedure for the appeal and the way it is to be 15
disposed of; and 16
(ii) that the reviewed decision may be stayed by the person by 17
applying to the court mentioned in subsection (4).'. 18
of s 75 (Vehicle operations and road rules) 19
Amendment
Clause 126. After section 75(g)-- 20
insert-- 21
`(ga)traffic density, routes and load restrictions for vehicles with a 22
GVM of more than 4.5 t; and'. 23
of s 76 (Vehicle standards) 24
Replacement
Clause 127. Section 76-- 25
omit, insert-- 26
standards 27
`Vehicle
`76. A regulation may prescribe-- 28
s 128 89 s 128
Transport Legislation Amendment
(a) vehicle standards with which vehicles must comply to use the 1
road network; and 2
(b) rules about-- 3
(i) requiring vehicles to be inspected and inspection certificates 4
to be obtained, at stated times or in stated circumstances, to 5
ensure the vehicles comply with the standards; and 6
(ii) issuing inspection certificates, defect notices and other 7
documents for vehicles inspected; and 8
(iii) approving premises (including mobile premises) as 9
inspection stations for vehicles. 10
11
Example of paragraph (b)(i)--
12
A requirement that--
13
(a) a heavy vehicle be inspected at a regular interval; or
14
(b) a vehicle be inspected and an inspection certificate issued for it before
15
the vehicle is sold or the ownership of the vehicle is otherwise
16
transferred.'.
of s 78 (Regulations about driver management) 17
Amendment
Clause 128.(1) Section 78, after paragraph (a)-- 18
insert-- 19
`(aa)the training of drivers; and 20
(ab) the approval of driver trainers and driver trainer competency 21
assessors; and'. 22
(2) Section 78, after paragraph (f)-- 23
insert-- 24
`(g) requiring that-- 25
(i) drivers of heavy vehicles take rest periods and be in a fit 26
state of health and wellbeing to drive heavy vehicles safely; 27
and 28
(ii) employers, consignors and other persons ensure that the 29
drivers comply with a regulation under this paragraph.'. 30
s 129 90 s 129
Transport Legislation Amendment
(3) Section 78-- 1
insert-- 2
`(2) In this section-- 3
"approval" includes accreditation.'. 4
of new ch 5, pt 5 and ch 5A 5
Insertion
Clause 129. After section 79-- 6
insert-- 7
`PART 5--TRANSPORTING DANGEROUS GOODS 8
BY ROAD 9
of part 10
`Application
`79A.(1) This part-- 11
(a) applies only in relation to the transport of dangerous goods by 12
road; and 13
(b) is in addition to and does not limit any other provision of this Act 14
or any other Act. 15
`(2) However, this part does not apply to-- 16
(a) the transport of radioactive substances under the Radioactive 17
Substances Act 1958; or 18
(b) the transport of explosives under the Explosives Act 1952; or 19
(c) the transfer, under the Gas Act 1965, of gas (within the meaning 20
of that Act) to or from a road tank vehicle or bulk container; or 21
(d) the transport by vehicle of packages of liquefied petroleum gas if 22
the total capacity of the packages is not more than 1 000 L and-- 23
(i) no other dangerous goods are being transported by the 24
vehicle at the same time; or 25
(ii) the packages are being transported by-- 26
(A) a primary producer, or a person employed by a primary 27
producer, for use by the primary producer; or 28
s 129 91 s 129
Transport Legislation Amendment
(B) a tradesperson, or a person employed by a 1
tradesperson, for use by the tradesperson. 2
about dangerous goods 3
`Regulations
`79B.(1) A regulation may prescribe rules about the transport of 4
dangerous goods, including for example, rules about the following-- 5
(a) types and categories of dangerous goods and ways of deciding 6
types and categories of dangerous goods; 7
(b) deciding which goods are-- 8
(i) dangerous; or 9
(ii) are dangerous goods of a particular type; or 10
(iii) are too dangerous to be transported; or 11
(iv) are too dangerous to be transported in bulk; 12
(c) the analysis and testing of dangerous goods; 13
(d) goods too dangerous to be transported or too dangerous to be 14
transported in bulk; 15
(e) the marking of packages and unit loads containing dangerous 16
goods for transport by road and the placarding of containers and 17
vehicles in which dangerous goods are transported by road; 18
(f) containers and packaging used in transporting dangerous goods 19
by road; 20
(g) the manufacture of vehicles and containers for use in transporting 21
dangerous goods by road; 22
(h) voluntary accreditation schemes, including privileges to be 23
accorded or sanctions to be imposed under the schemes and the 24
cancellation or suspension of the schemes; 25
(i) the loading of dangerous goods for, and the unloading of 26
dangerous goods after, their transport by road; 27
(j) deciding routes along which, the areas in which and the times 28
during which dangerous goods may or may not be transported by 29
road; 30
s 129 92 s 129
Transport Legislation Amendment
(k) procedures for transporting dangerous goods by road, including, 1
but not limited to-- 2
(i) the quantities and circumstances in which dangerous goods, 3
may be transported; and 4
(ii) safety procedures and equipment; 5
(l) the licensing of-- 6
(i) vehicles and drivers for transporting dangerous goods by 7
road; and 8
(ii) persons responsible for transporting dangerous goods by 9
road or particular aspects of that transport; 10
(m) the mandatory accreditation of persons involved in transporting 11
dangerous goods by road or particular aspects of that transport; 12
(n) the approval of-- 13
(i) packages, containers, equipment and other items used in 14
relation to transporting dangerous goods by road; and 15
(ii) facilities for, and methods of, testing or using-- 16
(A) packages, containers, equipment and other items used; 17
and 18
(B) processes carried out; 19
in relation to transporting dangerous goods by road; 20
(o) documents required to be prepared or kept by persons involved in 21
transporting dangerous goods by road and the approval of 22
alternative documentation; 23
(p) public liability insurance that must be taken out by persons 24
involved in transporting dangerous goods by road; 25
(q) obligations arising, and procedures to be followed, in the event of 26
a dangerous situation in relation to transporting dangerous goods 27
by road; 28
(r) the training and qualifications required of persons involved in, 29
and the approval of training courses and qualifications relating to 30
involvement in, transporting dangerous goods by road. 31
s 129 93 s 129
Transport Legislation Amendment
`(2) A regulation may allow something in subsection (1)(b) or (j) to be 1
determined by the chief executive. 2
3
`Exemptions
`79C.(1) A person may apply to the chief executive for an exemption 4
from complying with a provision of a regulation about transporting 5
particular dangerous goods by road. 6
`(2) The chief executive may exempt the person from complying with 7
the provision if satisfied that-- 8
(a) it is not reasonably practicable for the person to comply with the 9
provision; and 10
(b) granting the exemption-- 11
(i) would not be likely to create a risk of a dangerous situation 12
greater than that which would be the case if the person was 13
required to comply; and 14
(ii) would not cause unnecessary administrative or enforcement 15
difficulties, particularly about maintaining national 16
uniformity of road transport laws. 17
`(3) If an exemption is given on conditions, the exemption operates only 18
if the conditions are complied with. 19
`(4) The chief executive must, as soon as is practicable after giving an 20
exemption, give notice of it in the gazette. 21
`(5) The notice must state the following-- 22
(a) the person to whom the exemption applies; 23
(b) the provisions of the regulation from which the person is exempt; 24
(c) the dangerous goods to which the exemption applies; 25
(d) the time for which the exemption applies; 26
(e) the conditions to which the exemption is subject; 27
(f) the geographical area for which the exemption applies. 28
`(6) The Statutory Instruments Act 1992, sections 24 to 26 apply to an 29
exemption as if it were a statutory instrument. 30
s 129 94 s 129
Transport Legislation Amendment
`(7) A regulation may regulate the giving of an exemption under this 1
section. 2
to hold licence etc. 3
`Failure
`79D.(1) A person must not drive a vehicle transporting dangerous 4
goods by road if-- 5
(a) a regulation requires the vehicle to be licensed to transport the 6
goods; and 7
(b) the vehicle is not licensed under the regulation. 8
Maximum penalty--135 penalty units. 9
`(2) A person must not drive a vehicle transporting dangerous goods by 10
road if-- 11
(a) a regulation requires the person to be licensed to drive the vehicle; 12
and 13
(b) the person is not licensed under the regulation. 14
Maximum penalty--135 penalty units. 15
`(3) A person must not employ, engage or permit another person to drive 16
a vehicle transporting dangerous goods by road if-- 17
(a) a regulation requires the other person to be licensed to drive the 18
vehicle; and 19
(b) the other person is not licensed under the regulation. 20
Maximum penalty--665 penalty units. 21
`(4) A person must not employ, engage or permit another person to drive 22
a vehicle transporting dangerous goods by road if-- 23
(a) a regulation requires the vehicle to be licensed to transport the 24
goods; and 25
(b) the vehicle is not licensed under the regulation. 26
Maximum penalty--665 penalty units. 27
`(5) A person who is required under a regulation to be accredited to be 28
s 129 95 s 129
Transport Legislation Amendment
involved in transporting dangerous goods by road or a particular aspect of 1
that transport must not be involved unless the person is accredited as 2
required. 3
Maximum penalty--665 penalty units. 4
too dangerous to be transported 5
`Goods
`79E. A person must not transport by road goods prescribed under a 6
regulation as being too dangerous to transport by road. 7
Maximum penalty--665 penalty units. 8
when transporting dangerous goods 9
`Duties
`79F.(1) A person involved in transporting dangerous goods by road 10
must ensure, as far as is practicable, that the goods are transported safely. 11
`(2) If a person involved in transporting dangerous goods by road 12
contravenes this Act in circumstances where the person knew, or ought 13
reasonably to have known, that the contravention would be likely to 14
endanger the safety of another person or of property or the environment, the 15
person commits an offence. 16
Maximum penalty--665 penalty units. 17
`(3) This section is in addition to and does not limit any other provision 18
of this Act. 19
evidentiary aids for transporting dangerous goods 20
`Additional
`79G.(1) This section applies if, in a prosecution for a contravention of 21
this Act-- 22
(a) an authorised officer gives evidence the officer believes any of the 23
following matters-- 24
(i) that dangerous goods stated in shipping documents carried 25
in a vehicle, are being carried in the vehicle; 26
(ii) that particular goods are dangerous goods or dangerous 27
goods of a particular type; 28
s 129 96 s 129
Transport Legislation Amendment
(iii) if markings on a substance or container indicate that the 1
substance is, or the container contains particular dangerous 2
goods--that the substance is or the container contains the 3
dangerous goods indicated; 4
(iv) if markings on a vehicle or equipment indicate the vehicle or 5
equipment is being used to transport dangerous goods--that 6
the vehicle or equipment is being used to transport the 7
dangerous goods indicated; 8
(v) if markings on a substance, container or the container's 9
contents indicate, the substance, container or contents have 10
an indicated attribute--that the substance, container or 11
contents have the indicated attribute; 12
(vi) if markings on a vehicle or container indicate the vehicle's 13
load is, or the container's contents are, an indicated quantity 14
of dangerous goods--that the vehicle was loaded with, or 15
the container contained, the quantity of dangerous goods 16
indicated; and 17
(b) the court considers the belief to be reasonable; and 18
(c) there is no evidence to the contrary. 19
`(2) The court must accept the matter as proved. 20
`(3) In this section-- 21
"attribute" means-- 22
(a) capacity; or 23
(b) character; or 24
(c) date of manufacture; or 25
(d) origin; or 26
(e) ownership; or 27
(f) specification; or 28
(g) tare weight. 29
"markings" include placards. 30
"on" includes attached to. 31
s 129 97 s 129
Transport Legislation Amendment
of costs from convicted person 1
`Recovery
`79H.(1) A court convicting a person of an offence against this Act about 2
the transport of dangerous goods by road may order the person to pay to a 3
government entity or the State costs reasonably incurred by the entity or the 4
State in prosecuting the offence, including the cost of testing, transporting, 5
storing and disposing of dangerous goods and other evidence. 6
`(2) An amount ordered to be paid under subsection (1) is a debt owing 7
to the entity or the State. 8
`(3) Subsection (1) is in addition to any other order the court may make. 9
of costs of government action 10
`Recovery
`79I.(1) This section applies if any of the following events happens in 11
relation to the transport of dangerous goods by road-- 12
(a) a dangerous situation; 13
(b) an incident-- 14
(i) wholly or partly constituted by or arising from-- 15
(A) the escape of dangerous goods; or 16
(B) an explosion or fire involving dangerous goods; or 17
(ii) involving the risk of the escape of dangerous goods or an 18
explosion or fire involving dangerous goods. 19
`(2) If a government entity incurs costs because of the event, the entity 20
may recover the costs reasonably incurred in dealing with the event as a 21
debt owing to the entity or the State. 22
`(3) The costs are recoverable jointly and severally from the following-- 23
(a) the person who owned the dangerous goods when the event 24
happened; 25
(b) the person who had possession or control of the dangerous goods 26
when the event happened; 27
(c) the person who caused the event; 28
s 129 98 s 129
Transport Legislation Amendment
(d) the person responsible (other than as an employee, agent or 1
subcontractor of someone else) for the transport of the dangerous 2
goods by road. 3
`(4) However, costs are not recoverable from a person who-- 4
(a) is mentioned in section 79L; or 5
(b) establishes that-- 6
(i) the event was primarily caused by someone else; or 7
(ii) the person could not, exercising reasonable care, have 8
prevented the event; or 9
(iii) the event was not attributable to the person or to an 10
employee, agent or subcontractor of the person. 11
`(5) This section does not limit the powers a government entity has apart 12
from this Act. 13
from involvement in the transport of dangerous goods by 14
`Prohibition
road 15
`79J.(1) This section applies if a person is convicted of an offence 16
against this Act relating to the transport of dangerous goods by road. 17
(2) The court before which the person is convicted may, after having 18
regard to the following matters, order that the person be prohibited for a 19
stated period from involvement in the transport of dangerous goods by 20
road-- 21
(a) the person's record in the transport of dangerous goods by road; 22
(b) the person's prior convictions relating to dangerous goods; 23
(c) the circumstances surrounding the commission of the offence; 24
(d) any other matters the court considers appropriate. 25
`(3) A person must not contravene an order made under subsection (2). 26
Maximum penalty--665 penalty units or 2 years imprisonment. 27
`(4) Subsection (2) does not limit any other penalty the court may 28
impose for the offence. 29
`(5) In this section-- 30
s 129 99 s 129
Transport Legislation Amendment
"involvement", in the transport of dangerous goods by road, includes the 1
following-- 2
(a) importing, or arranging for the importation of dangerous goods; 3
(b) marking packages and unit loads containing dangerous goods for 4
transport by road, and placarding containers and vehicles in which 5
dangerous goods are transported by road; 6
(c) consigning dangerous goods for transport by road; 7
(d) loading dangerous goods onto a vehicle or into a container that is 8
to be put on a vehicle for transport by road or unloading 9
dangerous goods that have been transported by road; 10
(e) undertaking or being responsible for, other than as an employee 11
or sub-contractor, the transport of dangerous goods by road; 12
(f) driving a vehicle carrying dangerous goods by road; 13
(g) being a consignee of dangerous goods transported by road; 14
(h) being involved as a director, secretary or manager of a 15
corporation or other person who takes part in the management of 16
a corporation that takes part in something mentioned in 17
paragraphs (a) to (g). 18
dangerous goods 19
`Forfeiting
`79K.(1) If a person is convicted of an offence against this Act relating to 20
the transport of dangerous goods by road, the court before which the person 21
is convicted may, whether or not it makes any other order on conviction, 22
order that the goods or anything used to commit the offence be forfeited to 23
the State. 24
`(2) Goods or a thing that are forfeited may be destroyed or otherwise 25
dealt with as directed by the chief executive. 26
in emergencies or accidents 27
`Helping
`79L.(1) This section applies if a person, other than an official mentioned 28
in section 83-- 29
(a) helps, or attempts to help, in a dangerous situation; and 30
s 129 100 s 129
Transport Legislation Amendment
(b) the help, or attempt to help, is given-- 1
(i) honestly and without negligence; and 2
(ii) without any fee, charge or other reward. 3
`(2) The person does not incur civil liability for helping or attempting to 4
help. 5
`(3) However, this section does not apply to a person whose act or 6
omission wholly or partly caused the dangerous situation. 7
HAPTER 5A--USING VEHICLES IN PUBLIC 8
`C
PLACES 9
vehicles etc. in public places 10
`Regulating
`79M.(1) A regulation may-- 11
(a) prescribe rules about the operation of vehicles and their use in a 12
public place, including, for example, rules about-- 13
(i) driver behaviour; and 14
(ii) loading, unloading and securing loads; and 15
(iii) keeping and producing records; and 16
(iv) vehicle mass and dimension; and 17
(v) defective vehicles and ways of managing them; and 18
(vi) the environmental impact of vehicle use; and 19
(vii) rules for using public places for vehicles, drivers, cyclists, 20
pedestrians and animals; and 21
(viii)removing vehicles from a public place if they pose a risk to 22
safety or impede the use of the public place; and 23
(ix) the recovery of removed vehicles by their owners, and fees 24
for removing and storing the vehicles; and 25
s 130 101 s 131
Transport Legislation Amendment
(b) prescribe vehicle standards with which vehicles must comply to 1
use a public place; and 2
(c) prescribe ways of identifying vehicles; and 3
(d) require the keeping of a register of the vehicles identified in those 4
ways; and 5
(e) provide for the circumstances in which details of the register's 6
contents can be given to someone. 7
`(2) To remove doubt, it is declared that a combined register may be kept 8
for section 77 and this section. 9
`(3) A regulation may authorise a local government to-- 10
(a) declare, by gazette notice-- 11
(i) a place not to be a public place; or 12
(ii) reasonable conditions, consistent with the objectives of this 13
Act, for using a vehicle in a public place; or 14
(b) by a local law, consistent with the objectives of this Act, regulate 15
(including by permit) access of vehicles that must be registered 16
under this Act, to a public place in its area.'. 17
of new s 84A 18
Insertion
Clause 130. After section 84-- 19
insert-- 20
of forms 21
`Approval
`84A. The chief executive may approve forms for use under this Act.'. 22
of s 85 (Regulations) 23
Amendment
Clause 131. Section 85(3)(e)-- 24
omit. 25
s 132 102 s 132
Transport Legislation Amendment
of new ss 9292B 1
Insertion
Clause 132. After section 91-- 2
insert-- 3
provisions for Motor Vehicles Control Act 1975 about 4
`Transitional
local laws 5
`92.(1) A local law made under the Motor Vehicles Control Act 1975, 6
section 35, and in force immediately before the commencement remains in 7
force, subject to amendment or repeal by a local law under section 79M, for 8
this Act is to be read with the changes necessary to make it consistent with 9
this Act and adapt its operation to this Act. 10
`(2) This section expires 1 year after its commencement. 11
`(3) The Acts Interpretation Act 1954, section 20A applies to this section. 12
provisions for repealed Acts 13
`Transitional
`92A.(1) This section applies if, immediately before the commencement, 14
a matter was authorised by an approval under a repealed Act. 15
`(2) The grantee or holder of the approval is taken to be the holder of an 16
approval under this Act that authorises, to the greatest practicable extent, the 17
same matter. 18
`(3) The approval-- 19
(a) is, to the greatest practicable extent, subject to the same conditions 20
that applied to the matter immediately before the commencement; 21
and 22
(b) despite paragraph (a), expires at the earlier of-- 23
(i) when it would otherwise expire; or 24
(ii) for an approval under the Carriage of Dangerous Goods by 25
Road Act 1984--1 July 1999; or 26
(iii) for an approval under the Motor Vehicles Safety Act 1980-- 27
a day, not before 1 July 2000, prescribed under a regulation; 28
or 29
(iv) otherwise--1 July 2003. 30
s 133 103 s 133
Transport Legislation Amendment
`(4) However, the approval does not authorise a matter that can not be 1
authorised under an approval granted under this Act. 2
`(5) Despite subsection (3)(b), an approval-- 3
(a) under the Carriage of Dangerous Goods by Road Act 1984, 4
other than an approval under section 6 or 24 of that Act; or 5
(b) under the Motor Vehicles Safety Act 1980, section 22; 6
in force immediately before the commencement continues in force, subject 7
to this Act, as if it were an approval under this Act. 8
`(6) This section expires on 1 July 2003. 9
`(7) In this section-- 10
"approval" includes authorisation, certificate, consent, declaration, 11
exemption, licence, permit or registration but does not include the 12
approval of a person as an inspector under a repealed Act. 13
"repealed Act" means an Act repealed by section 93. 14
provisions for Motor Vehicle Driving Instruction School 15
`Transitional
Act 1969 16
`92B.(1) A person licensed as a driving instructor under the Motor 17
Vehicle Driving Instruction School Act 1969 immediately before the 18
commencement is taken to have provisional approval as a driver trainer 19
under this Act. 20
`(2) The approval is, to the greatest practicable extent, subject to the same 21
conditions that applied to the licence immediately before the 22
commencement. 23
`(3) However, the approval-- 24
(a) does not authorise a matter that cannot be authorised under an 25
approval granted under this Act; and 26
(b) may be renewed once only.'. 27
of new s 93A 28
Insertion
Clause 133. After section 93-- 29
s 134 104 s 134
Transport Legislation Amendment
insert-- 1
of Motor Vehicle Driving Instruction School Act 1969 2
`Repeal
`93A.(1) The Motor Vehicle Driving Instruction School Act 1969 is 3
repealed. 4
`(2) This section expires 1 year after it commences.'. 5
of new sch 1 6
Insertion
Clause 134. After section 93A-- 7
insert-- 8
`SCHEDULE 1 9
ISQUALIFYING OFFENCES--PROVISIONS OF 10
`D
THE CRIMINAL CODE 11
dictionary, definition "disqualifying offence", paragraph (a) 12
`PART 1--EXISTING PROVISIONS 13
1. Chapter 9 (Unlawful assemblies--breaches of the peace) 14
2. Chapter 16 (Offences relating to the administration of justice) 15
3. Chapter 20 (Miscellaneous offences against public authority) 16
4. Chapter 22 (Offences against morality) 17
5. Chapter 28 (Homicide--Suicide--Concealment of birth) 18
6. Chapter 29 (Offences endangering life or health) 19
7. Chapter 30 (Assaults) 20
8. Chapter 32 (Assaults on females--abduction) 21
9. Chapter 33 (Offences against liberty) 22
10. Section 363 (Child-stealing) 23
s 135 105 s 135
Transport Legislation Amendment
11. Chapter 36 (Stealing) 1
12. Chapter 37 (Offences analogous to stealing) 2
13. Chapter 38 (Stealing with violence--extortion by threats) 3
14. Chapter 39 (Burglary--Housebreaking--And like offences) 4
15. Chapter 40 (Other fraudulent practices) 5
16. Chapter 41 (Receiving property stolen or fraudulently obtained and 6
like offences) 7
17. Chapter 42 (Frauds by trustees and officers of companies and 8
corporations--false accounting) 9
18. Chapter 42A (Secret commissions) 10
19. Chapter 46 (Offences) 11
20. Chapter 49 (Punishment of forgery and like offences) 12
21. Chapter 52 (Personation) 13
22. Chapter 56 (Conspiracy) 14
`PART 2--PROVISIONS REPEALED BY CRIMINAL 15
LAW AMENDMENT ACT 1997 16
1. Section 343A (Assaults occasioning bodily harm) 17
2. Section 344 (Aggravated assaults)'. 18
of new sch 2A 19
Insertion
Clause 135. After schedule 2-- 20
insert-- 21
s 136 106 s 136
Transport Legislation Amendment
`SCHEDULE 2A 1
`REVIEWABLE DECISIONS 2
section 65 3
Section Description of decision Court
15 Alternative ways of complying with Act Magistrates
16 Approving alternative compliance schemes
operating interstate Magistrates
19 Amending suspending or cancelling approvals Magistrates
43 Forfeiture of seized things Magistrates'.
of sch 3 (Dictionary) 4
Amendment
Clause 136.(1) Schedule 3, definitions "approved form" and "heavy 5
vehicle"-- 6
omit. 7
(2) Schedule 3-- 8
insert-- 9
` "approval" for chapter 3, part 1A, see section 17A. 10
"approved form" see section 84A. 11
"convicted" includes being found guilty, and the acceptance of a plea of 12
guilty, by a court, whether or not a conviction is recorded. 13
"dangerous goods" means goods prescribed under a regulation to be 14
dangerous goods. 15
"dangerous situation" means a situation involving the transport of 16
dangerous goods by road that is causing or is likely to cause imminent 17
risk of death or injury to a person, or harm to the environment or to 18
property. 19
s 136 107 s 136
Transport Legislation Amendment
"dangerous situation notice" see section 51D. 1
"disqualifying offence" means-- 2
(a) an offence against a provision of the Criminal Code mentioned in 3
schedule 1, part 1 or the repealed provisions of the Criminal Code 4
mentioned in schedule 1, part 2; or 5
(b) an offence against the Drugs Misuse Act 1986 punishable by 6
imprisonment for 1 year or more, even though a fine may be 7
imposed in addition or as an alternative; or 8
(c) an offence against the Weapons Act 1990 punishable by 9
imprisonment for 1 year or more, even though a fine may be 10
imposed in addition or as an alternative; or 11
(d) an offence committed outside Queensland that would be a 12
disqualifying offence if committed in Queensland. 13
"executive officer", of a corporation, means a person who is concerned 14
with, or takes part in, the corporation's management, whether or not 15
the person is a director, or the person's position is given the name of 16
executive officer. 17
"for sale" for a vehicle, means-- 18
(a) offered or available for exchange or sale; or 19
(b) displayed or exhibited for exchange or sale. 20
21
Examples of paragraph (b)--
A sign stating any of the following is attached to, or placed near, the 22
vehicle-- 23
24
· $5 000 ono ph 1234 5678
25
· For sale phone 1234 5678
26
· Buy me--$7 000 call at 123 City St.
"government entity" means a government department or an agency, 27
authority, commission, corporation, instrumentality, office or other 28
entity, established under an Act for a public or official purpose and 29
includes part of a government entity. 30
"grievous bodily harm" means-- 31
(a) the loss of a distinct part or an organ of the body; or 32
s 136 108 s 136
Transport Legislation Amendment
(b) serious disfigurement; or 1
(c) any bodily injury of such a nature that, if left untreated, would 2
endanger or be likely to endanger life, or cause or be likely to 3
cause permanent injury to health; 4
whether or not treatment is or could have been available. 5
"heavy vehicle" means-- 6
(a) a vehicle with a GVM of more than 4.5 t; or 7
(b) a public passenger vehicle; or 8
(c) another vehicle providing services on a road for which a licence is 9
required under a transport Act; or 10
(d) a vehicle transporting dangerous goods-- 11
(i) for reward; or 12
(ii) if the amount of dangerous goods is greater than the amount 13
prescribed under a regulation; or 14
(e) a vehicle used for driver training for reward. 15
"holder" for chapter 3, part 1A, means the holder of an approval. 16
"prevent" includes minimise and remove. 17
"public place" means a place-- 18
(a) of public resort open to or used by the public as of right; or 19
(b) for the time being-- 20
(i) used for a public purpose; or 21
(ii) open to access by the public; 22
whether on payment or otherwise; or 23
(c) open to access by the public by the express or tacit consent or 24
sufferance of the owner of that place, whether the place is or is 25
not always open to the public; 26
but does not include-- 27
(d) a track that at the material time is being used as a course for 28
racing or testing motor vehicles and from which other traffic is 29
excluded during that use; or 30
s 137 109 s 138
Transport Legislation Amendment
(e) a road; or 1
(f) a place declared under a regulation not to be a public place. 2
"remedial action notice" see section 50A. 3
"reviewed decision" see section 65. 4
"transport", in relation to dangerous goods, includes-- 5
(a) the packing, loading and unloading of the goods, and transferring 6
them to or from a vehicle, for their transport; and 7
(b) the marking of packages and unit loads containing dangerous 8
goods; 9
(c) the placarding of containers and vehicles in which dangerous 10
goods are transported; and 11
(d) anything else incidental to their transport.'. 12
(3) Schedule 3, definition "owner" paragraph (b), `and'-- 13
omit, insert-- 14
`or'. 15
ART 9--AMENDMENT OF TRANSPORT 16
P
PLANNING AND COORDINATION ACT 1994 17
amended in pt 9 18
Act
Clause 137. This part amends the Transport Planning and Coordination Act 19
1994. 20
of pt 5 (Appeals) 21
Replacement
Clause 138. Part 5-- 22
omit, insert-- 23
s 138 110 s 138
Transport Legislation Amendment
ART 5--REVIEW OF AND APPEALS AGAINST 1
`P
DECISIONS 2
1--General 3
`Division
part applies to 4
`What
`29.(1) This part applies if a transport Act states that this part applies to-- 5
(a) a review of a decision (the "original decision") under the 6
transport Act; and 7
(b) an appeal to a court stated in the transport Act (the "appeal 8
court") against a reviewed decision. 9
`(2) However this part does not apply to a review of an appeal against a 10
decision mentioned in the Transport Operations (Marine Safety) Act 1994, 11
section 20310 except to the extent stated in that section. 12
13
`Definitions
`30. In this part-- 14
"appeal court" see section 29(1). 15
"chief executive" means, if the original decision is made by the 16
commissioner of the police service under the Transport Operations 17
(Road Use Management) Act 1995, section 43--the commissioner. 18
"original decision" see section 29(1). 19
"reviewed decision" see section 34. 20
`Division 2--Review of original decisions 21
for review 22
`Applying
`31.(1) A person may apply for a review of an original decision only 23
10 Section 203 (Appeals)
s 138 111 s 138
Transport Legislation Amendment
within 28 days after notice of the original decision was given to the person 1
under the transport Act. 2
`(2) However, if-- 3
(a) the notice did not state the reasons for the original decision; and 4
(b) the person asked for a statement of the reasons within the 28 days 5
mentioned in subsection (1); 6
the person may apply within 28 days after the person is given the statement 7
of the reasons. 8
`(3) In addition, the chief executive may extend the period for applying. 9
`(4) An application must be written and state in detail the grounds on 10
which the person wants the original decision to be reviewed. 11
of operation of original decision 12
`Stay
`32.(1) If a person applies for review of an original decision, the person 13
may immediately apply for a stay of the decision to the appeal court. 14
`(2) The appeal court may stay the original decision to secure the 15
effectiveness of the review and any later appeal to the court. 16
`(3) In setting the time for hearing the application, the appeal court must 17
allow at least 3 business days between the day the application is filed with it 18
and the hearing day. 19
`(4) The chief executive is a party to the application. 20
`(5) The person must serve a copy of the application showing the time 21
and place of the hearing and any document filed in the appeal court with it 22
on the chief executive at least 2 business days before the hearing. 23
`(6) The stay-- 24
(a) may be given on conditions the appeal court considers 25
appropriate; and 26
(b) operates for the period specified by the appeal court; and 27
(c) may be revoked or amended by the appeal court. 28
`(7) The period of a stay under this section must not extend past the time 29
when the chief executive reviews the original decision and any later period 30
s 138 112 s 138
Transport Legislation Amendment
the appeal court allows the applicant to enable the applicant to appeal against 1
the decision. 2
`(8) The making of an application does not affect the original decision, or 3
the carrying out of the original decision, unless it is stayed. 4
panels 5
`Review
`33.(1) The chief executive may establish review panels for this part. 6
`(2) Subject to subsection (5), a review panel consists of persons 7
nominated by the chief executive. 8
`(3) A member of a review panel may be paid the fees and allowances 9
decided by the Governor in Council. 10
`(4) The chief executive may refer an application for a review of an 11
original decision to a review panel for advice. 12
`(5) The person who made the original decision can not be a member of 13
a review panel reviewing the decision. 14
on review 15
`Decision
`34.(1) A decision on an application for review of an original decision 16
must be made within 28 days after the application is made. 17
`(2) If the chief executive was not the original decision maker, the chief 18
executive, in reviewing the decision, has the same powers as the original 19
decision maker. 20
`(3) If within the 28 days, the chief executive confirms or amends the 21
original decision or substitutes another decision, the chief executive must 22
give the applicant written notice (the "decision notice") of the confirmed, 23
amended or substituted decision (the "reviewed decision"). 24
`(4) The decision notice must state-- 25
(a) the reasons for the reviewed decision; and 26
(b) that the applicant may, within 28 days, appeal against the 27
reviewed decision to the appeal court. 28
`(5) However, if a decision is not made on the application within the 28 29
days, the chief executive is taken to have made a decision (also the 30
s 138 113 s 138
Transport Legislation Amendment
"reviewed decision") at the end of the 28 days confirming the original 1
decision and the reasons given for it. 2
`(6) In appealing to the appeal court, the decision subject to appeal is the 3
reviewed decision and not the original decision. 4
`Division 3--Appeals against reviewed decisions 5
for making appeals 6
`Time
`35.(1) A person may appeal against a reviewed decision only within-- 7
(a) if a decision notice is given to the person--28 days after the 8
notice was given to the person ; or 9
(b) if the chief executive is taken to have confirmed the decision 10
under section 34(5)--56 days after the application was made. 11
`(2) However, if-- 12
(a) the decision notice did not state the reasons for the decision; and 13
(b) the person asked for a statement of the reasons within the 28 days 14
mentioned in subsection (1)(a); 15
the person may apply within 28 days after the person is given a statement of 16
the reasons. 17
`(3) Also, the appeal court may extend the period for appealing. 18
appeals 19
`Starting
`36.(1) An appeal must be started by-- 20
(a) filing a written notice of appeal with the appeal court; and 21
(b) serving a copy of the notice on the chief executive. 22
`(2) An appeal to a Magistrates Court or District Court may be made to 23
the Magistrates Court or District Court nearest the place where the applicant 24
resides or carries on business. 25
s 138 114 s 138
Transport Legislation Amendment
of operation of reviewed decision 1
`Stay
`36A.(1) If a person appeals against a reviewed decision to the appeal 2
court, the person may immediately apply to the appeal court for a stay of the 3
decision. 4
`(2) The appeal court may stay the reviewed decision to secure the 5
effectiveness of the appeal. 6
`(3) In setting the time for hearing the stay application, the appeal court 7
must allow at least 3 business days between the day the application is filed 8
with it and the hearing day. 9
`(4) The chief executive is a party to the application. 10
`(5) The person must serve a copy of the application showing the time 11
and place of the hearing and any document filed in the appeal court with it 12
on the chief executive at least 2 business days before the hearing. 13
`(6) The stay-- 14
(a) may be given on conditions that the appeal court considers 15
appropriate; and 16
(b) operates for the period specified by the appeal court, but not 17
extending past the time when the court decides the appeal; and 18
(c) may be revoked or amended by the appeal court. 19
`(7) Apart from a stay of the operation of a decision, an appeal does not 20
affect the operation or carrying out of the decision. 21
of appeal court on appeal 22
`Powers
`36B.(1) In deciding an appeal against a reviewed decision, the appeal 23
court-- 24
(a) has the same powers as the person who made the original 25
decision; and 26
(b) is not bound by the rules of evidence; and 27
(c) must comply with natural justice; and 28
(d) may hear the appeal in court or in chambers. 29
`(2) An appeal is by way of rehearing. 30
115
Transport Legislation Amendment
`(3) The appeal court may-- 1
(a) confirm the reviewed decision; or 2
(b) set aside the reviewed decision and substitute another decision 3
that it considers appropriate; or 4
(c) set aside the reviewed decision and return the issue to the person 5
who made the original decision with the directions that it 6
considers appropriate. 7
of decision of appeal court on appeal 8
`Effect
`36C. If the appeal court substitutes another decision for the reviewed 9
decision, the substituted decision is, for the relevant provision of the 10
transport Act, taken to be that of the person who made the original decision. 11
ssessors 12
`A
`36D. If the judge hearing an appeal in a District Court is of the opinion 13
that the appeal against a reviewed decision involves a question of special 14
knowledge and skill, the judge may appoint 1 or more assessors to help the 15
judge in deciding the appeal.'. 16
of new s 36E 17
Insertion
Clause 139. Part 6-- 18
insert-- 19
committees 20
`Advisory
`36E.(1) The Minister may establish as many advisory committees as 21
the Minister considers appropriate for the administration of a transport Act. 22
`(2) An advisory committee has the functions the Minister decides. 23
`(3) A member of an advisory committee may be paid the fees and 24
allowances decided by the Governor in Council.'. 25
26
© State of Queensland 1997
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