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Queensland
TRANSPORT LEGISLATION
AMENDMENT BILL 2001
Queensland
TRANSPORT LEGISLATION
AMENDMENT BILL 2001
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
PART 2--AMENDMENT OF AIR NAVIGATION ACT 1937
3 Act amended in pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
4 Amendment of title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
5 Insertion of pt hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
6 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
7 Insertion of pt hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
8 Amendment of s 9 (Purpose of this Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
9 Amendment of s 10 (Construction of the regulations in their application
by virtue of this Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
10 Amendment of s 11 (Power of Governor in Council to declare that provision
of the regulations shall not apply in Queensland by virtue of this Act) . . . . 11
11 Insertion of new pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
PART 3--RECOVERY OF CERTAIN DAMAGES
12 Meaning of "in flight" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
13 Meaning of "operator" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
14 Part binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
15 Use of an aircraft by employees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
16 Liability for injury, loss, damage or destruction . . . . . . . . . . . . . . . . 13
17 Recovery of damages without proof of intention, negligence or
other cause of action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
PART 4--MISCELLANEOUS
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Transport Legislation Amendment Bill 2001
18 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
PART 3--AMENDMENT OF CIVIL AVIATION (CARRIERS'
LIABILITY) ACT 1964
12 Act amended in pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
13 Amendment of s 6A (Administration of the applied provisions as
Commonwealth laws) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
PART 4--AMENDMENT OF TOW TRUCK ACT 1973
14 Act amended in pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
15 Amendment of s 21 (Cancellation or suspension of licences or certificates) 15
16 Replacement of pt 6 (Appeals) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
PART 6--REVIEW OF AND APPEALS AGAINST DECISIONS
28 Review of and appeals against decisions . . . . . . . . . . . . . . . . . . . . . . 15
17 Insertion of new schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
SCHEDULE
REVIEWABLE DECISIONS
PART 5--AMENDMENT OF TRANSPORT (BUSWAY AND LIGHT
RAIL) AMENDMENT ACT 2000
18 Act amended in pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
19 Amendment of s 13 (Insertion of new chs 7A7C). . . . . . . . . . . . . . . . . . . . 17
180KA Watercourses and busway transport infrastructure works . . . . . . . . 17
180M Powers of chief executive for busway transport infrastructure works
contracts etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
180N Distraction of traffic on busway. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Division 2A--Ancillary works and encroachments
180QA Ancillary works and encroachments. . . . . . . . . . . . . . . . . . . . . . . . . 20
180QB Presumptions about advertising sign . . . . . . . . . . . . . . . . . . . . . . . . 21
180QC Alteration etc. of ancillary works and encroachments . . . . . . . . . . . 21
PART 5--BUSWAY SERVICE PROVIDER AUTHORISATION
180ZKA Who may drive on a busway . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
180ZKB Applying for authorisation as busway service provider . . . . . . . . . 23
180ZKC Considering application for authorisation . . . . . . . . . . . . . . . . . . . 23
180ZKD Authorisation conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
180ZKE Requiring authorisation conditions to be complied with . . . . . . . . 24
180ZKF Authorisation period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
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180ZKG Amending authorisation conditions on application . . . . . . . . . . . . 25
180ZKH Amending authorisation conditions without application . . . . . . . . 25
180ZKI Suspending or cancelling authorisation . . . . . . . . . . . . . . . . . . . . . . 26
180ZKJ Immediate suspension of authorisation . . . . . . . . . . . . . . . . . . . . . . 27
180ZKK Surrender of authorisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
20 Amendment of s 19 (Amendment of sch 3 (Dictionary)) . . . . . . . . . . . . . . . 28
PART 6--AMENDMENT OF TRANSPORT (GLADSTONE EAST
END TO HARBOUR CORRIDOR) ACT 1996
21 Act amended in pt 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
22 Amendment of sch 1 (Land for rail transport corridor). . . . . . . . . . . . . . . . . 29
23 Amendment of sch 4 (Roads partially closed) . . . . . . . . . . . . . . . . . . . . . . . 29
PART 7--AMENDMENT OF TRANSPORT INFRASTRUCTURE
ACT 1994
24 Act amended in pt 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
25 Omission of s 22 (Definitions for ch 5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
26 Amendment of s 45 (Removal of materials etc.). . . . . . . . . . . . . . . . . . . . . . 30
27 Replacement of s 59 (Location and requirements) . . . . . . . . . . . . . . . . . . . . 30
59 Location . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
59A Chief executive's requirements for public utility plant . . . . . . . . . . . 30
28 Amendment of s 62 (Liability for damage or expenses) . . . . . . . . . . . . . . . . 31
29 Insertion of new ss 131A and 131B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
131A Railway tunnel easements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
131B What is "future railway land" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
30 Omission of s 138 (Carrying dangerous goods) . . . . . . . . . . . . . . . . . . . . . . 32
31 Amendment of s 152 (Application of Land Act 1994) . . . . . . . . . . . . . . . . . 32
32 Omission of s 154 (Continuation of port authorities) . . . . . . . . . . . . . . . . . . 33
33 Amendment of s 181B (Definition for pt 2) . . . . . . . . . . . . . . . . . . . . . . . . . 33
34 Insertion of new ch 8AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
CHAPTER 8AA--TRANSPORTING DANGEROUS GOODS BY RAIL
PART 1--INTRODUCTORY
187AA Purposes of ch 8AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
187AB Application of ch 8AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
187AC Ch 8AA binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
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PART 2--REGULATIONS
187AD Regulations about dangerous goods . . . . . . . . . . . . . . . . . . . . . . . . . 35
PART 3--APPROVALS AND EXEMPTIONS
Division 1--Exemptions
187AE Exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Division 2--Amending, suspending or cancelling approval or exemption
187AF Grounds for amending, suspending or cancelling approval or
exemption ........................................... 38
187AG What chief executive must do before taking proposed action, other
than for class exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
187AH What chief executive must do before taking proposed action for
class exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
187AI Decision on proposed action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
187AJ Sections 187AG187AI do not apply to beneficial or clerical
amendment .......................................... 40
187AK Immediate suspension in the public interest. . . . . . . . . . . . . . . . . . . 41
PART 4--OFFENCES
187AL Goods too dangerous to be transported. . . . . . . . . . . . . . . . . . . . . . . 42
187AM Duties when transporting dangerous goods . . . . . . . . . . . . . . . . . . . 42
187AN Prohibition on involvement in the transportation of dangerous
goods by rail . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
PART 5--RECOVERY OF COSTS AND FORFEITURE
187AO Forfeiture on conviction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
187AP Dealing with forfeited things etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
187AQ Recovery of costs from convicted person . . . . . . . . . . . . . . . . . . . . . 44
187AR Recovery of costs of government action. . . . . . . . . . . . . . . . . . . . . . 44
PART 6--MISCELLANEOUS
187AS Certificates and documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
187AT Helping in accidents or emergencies . . . . . . . . . . . . . . . . . . . . . . . . . 46
35 Amendment of s 187Q (Notice of draft waterway transport management
plan) .................................................... 46
36 Amendment of s 191 (Disposal of fees, penalties etc.) . . . . . . . . . . . . . . . . . 47
37 Insertion of new ss 199A199C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
199A Altering watercourse to adversely affect transport route . . . . . . . . . . 48
199B Altering materials etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
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199C Recovery of cost of damage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
38 Omission of s 227 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
39 Amendment of sch 1 (Subject matter for regulations) . . . . . . . . . . . . . . . . . 50
40 Amendment of sch 2 (Reviews and appeals). . . . . . . . . . . . . . . . . . . . . . . . . 51
41 Insertion of new sch 2A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
SCHEDULE 2A
RAILWAY TUNNEL EASEMENTS
42 Amendment of sch 3 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
43 Omission of attachment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
PART 8--AMENDMENT OF TRANSPORT OPERATIONS
(MARINE POLLUTION) ACT 1995
44 Act amended in pt 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
45 Amendment of s 26 (Discharge of oil into coastal waters prohibited) . . . . . 59
46 Amendment of s 28 (Defences to discharge offence) . . . . . . . . . . . . . . . . . . 60
47 Amendment of s 30 (Shipboard oil pollution emergency plan) . . . . . . . . . . 60
48 Amendment of s 35 (Discharge of noxious liquid substances into
coastal waters prohibited) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
49 Amendment of s 36 (Defences to discharge offence) . . . . . . . . . . . . . . . . . . 61
50 Amendment of s 42 (Jettisoning of harmful substances into coastal waters
prohibited) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
51 Amendment of s 47 (Discharge of sewage into coastal waters prohibited) . 61
52 Amendment of s 50 (Ships to have holding tanks) . . . . . . . . . . . . . . . . . . . . 62
53 Amendment of s 55 (Disposal of garbage into coastal waters prohibited) . . 62
54 Amendment of s 58 (Responsibility for pollution from transfer operations
and other matters) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
55 Amendment of s 61 (Discharge of pollutant into coastal waters prohibited) 63
56 Amendment of s 67 (Duty to report certain incidents) . . . . . . . . . . . . . . . . . 63
57 Amendment of s 89 (Power to require production of documents) . . . . . . . . 63
58 Amendment of pt 13 heading (Security) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
59 Amendment of s 111 (Definitions for part) . . . . . . . . . . . . . . . . . . . . . . . . . . 64
60 Omission of s 112 (Application of part) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
61 Amendment of s 113 (Detained ship must be released on giving security) . 64
62 Amendment of s 114 (Other ways detained ship may be released) . . . . . . . 64
63 Amendment of s 115 (Claims on security) . . . . . . . . . . . . . . . . . . . . . . . . . . 65
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64 Amendment of s 122 (Recovery of discharge expenses) . . . . . . . . . . . . . . . 65
65 Amendment of s 127 (Court may make orders about compensation
and other matters) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
66 Amendment of sch (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
PART 9--AMENDMENT OF TRANSPORT OPERATIONS
(MARINE SAFETY) ACT 1994
67 Act amended in pt 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
68 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
69 Amendment of s 12 (Relationship with Commonwealth Navigation Act
generally) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
70 Amendment of s 35 (How is safety in Queensland waters achieved) . . . . . . 66
71 Amendment of s 71 (Declaration and closing of pilotage areas) . . . . . . . . . 66
72 Amendment of s 99 (Pilots required for ship navigation in pilotage areas) . 67
73 Amendment of s 101 (Immunity for pilots and general employers) . . . . . . . 67
74 Insertion of new s 172A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
172A Other directions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
75 Insertion of new pt 13, div 4A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
Division 4A--Removing abandoned property
175A Removing abandoned property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
76 Amendment of s 199 (Limitation on time for starting summary
proceedings) ........................................... 70
77 Amendment of s 201 (Evidentiary provisions) . . . . . . . . . . . . . . . . . . . . . . . 70
78 Insertion of new s 206B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
206B Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
79 Amendment of s 215 (Pilotage fees and conservancy dues) . . . . . . . . . . . . . 71
80 Amendment of s 224 (Existing approvals, consents, licences, permits etc.). 72
PART 10--AMENDMENT OF TRANSPORT OPERATIONS
(PASSENGER TRANSPORT) ACT 1994
81 Act amended in pt 10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
82 Insertion of new ss 126A126G and pts 3A and 3B . . . . . . . . . . . . . . . . . . . 72
126A Securing seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
126B Tampering with seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
126C Powers supporting seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
126D Forfeiture of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
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126E Dealing with forfeited things etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
126F Return of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
126G Access to seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
PART 3A--POWERS OF AUTHORISED PERSONS FOR RAIL
VEHICLES
126H Power to hold or stop and hold rail vehicle . . . . . . . . . . . . . . . . . . . . 75
126I Power to require rail vehicle inspection. . . . . . . . . . . . . . . . . . . . . . . 76
126J Power to prohibit use of rail vehicle . . . . . . . . . . . . . . . . . . . . . . . . . 77
126K Power to give remedial action notices . . . . . . . . . . . . . . . . . . . . . . . . 77
PART 3B--POWERS OF AUTHORISED PERSONS FOR
DANGEROUS SITUATIONS INVOLVING RAIL VEHICLES
126L Application of part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
126M Additional power to require information or produce document . . . . 79
126N Power to give directions to deal with dangerous situation. . . . . . . . . 80
126O Power to take direct action to deal with dangerous situation. . . . . . . 81
83 Amendment of s 127 (Power to require name and address) . . . . . . . . . . . . . 81
84 Amendment of s 129 (Power to require production of certain documents) . 82
85 Amendment of s 137 (Power to require name and address etc.) . . . . . . . . . . 82
86 Amendment of s 143AE (Vehicle and equipment not to be interfered with) 83
87 Insertion of new s 153A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
153A Evidentiary aids--belief of authorised person. . . . . . . . . . . . . . . . . . 83
88 Amendment of sch 2 (Reviewable decisions) . . . . . . . . . . . . . . . . . . . . . . . . 84
89 Amendment of sch 3 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
PART 11--AMENDMENT OF TRANSPORT OPERATIONS (ROAD
USE MANAGEMENT) ACT 1995
90 Act amended in pt 11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
91 Amendment of s 17B (Granting, renewing or refusing approval). . . . . . . . . 86
92 Amendment of s 18 (Grounds for amending, suspending or cancelling
approvals) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
93 Amendment of s 32 (Power to stop heavy vehicles) . . . . . . . . . . . . . . . . . . . 88
94 Amendment of s 60 (Evidentiary aids) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
95 Insertion of new s 72A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
72A Way to install official traffic sign . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
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96 Replacement of s 78 (Driving of motor vehicle without a driver licence
prohibited) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
78 Driving of motor vehicle without a driver licence prohibited . . . . . . 89
97 Amendment of s 79 (Driving etc. whilst under influence of liquor or drugs
or with prescribed concentration of alcohol in blood) . . . . . . . . . . . . . . . . . 90
98 Amendment of s 80 (Provisions with respect to breath tests and laboratory
tests) ..................................................... 90
99 Amendment of s 87 (Issue of restricted licence to disqualified person) . . . . 91
100 Amendment of s 100 (Removal of things from roads) . . . . . . . . . . . . . . . . . 91
101 Amendment of s 102 (Parking regulation involves installing official traffic
signs) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
102 Amendment of s 113 (Definitions for div 2) . . . . . . . . . . . . . . . . . . . . . . . . . 92
103 Amendment of s 114 (Offences detected by photographic detection device) 93
104 Amendment of s 116 (Notice accompanying summons) . . . . . . . . . . . . . . . 94
105 Amendment of s 120 (Evidentiary provisions) . . . . . . . . . . . . . . . . . . . . . . . 95
106 Amendment of s 121 (Application of the State Penalties Enforcement Act
1999) .................................................... 95
107 Amendment of s 124 (Facilitation of proof) . . . . . . . . . . . . . . . . . . . . . . . . . 95
108 Omission of s 129 (Effect of cancellation pursuant to regulations) . . . . . . . 95
109 Amendment of s 130 (Delivery of cancelled or suspended licences, or
licences for endorsement) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
110 Amendment of s 147 (Regulating vehicles etc. in public places) . . . . . . . . . 96
111 Amendment of s 151 (Application of part) . . . . . . . . . . . . . . . . . . . . . . . . . . 96
112 Amendment of s 153 (Exemptions). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
113 Amendment of s 166 (Official traffic sign approvals) . . . . . . . . . . . . . . . . . . 97
114 Omission of sch 1 (Disqualifying offences--approvals) . . . . . . . . . . . . . . . 97
115 Amendment of sch 4 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
2001
A BILL
FOR
An Act to amend legislation administered by the Minister for
Transport and the Minister for Main Roads
s1 10 s5
Transport Legislation Amendment Bill 2001
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
1 Short title
Clause 3
This Act may be cited as the Transport Legislation Amendment Act 2001. 4
2 Commencement
Clause 5
This Act commences on a day to be fixed by proclamation. 6
PART 2--AMENDMENT OF AIR NAVIGATION ACT 7
1937 8
3 Act amended in pt 2
Clause 9
This part amends the Air Navigation Act 1937. 10
4 Amendment of title
Clause 11
Title, after `State'-- 12
insert-- 13
`, and to provide in relation to liability for certain injury, loss, damage or 14
destruction by aircraft'. 15
5 Insertion of pt hdg
Clause 16
Before section 1-- 17
insert-- 18
`PART 1--PRELIMINARY'. 19
s6 11 s 10
Transport Legislation Amendment Bill 2001
6 Amendment of s 4 (Definitions)
Clause 1
Section 4-- 2
insert-- 3
` "aircraft" means any machine or craft that can derive support in the 4
atmosphere from the reactions of the air, other than the reactions of 5
the air against the earth's surface, but does not include model aircraft. 6
"in flight" see section 12. 7
"operator" see section 13.'. 8
7 Insertion of pt hdg
Clause 9
Before section 5-- 10
insert-- 11
`PART 2--APPLICATION OF REGULATIONS'. 12
8 Amendment of s 9 (Purpose of this Act)
Clause 13
Section 9, `Act'-- 14
omit, insert-- 15
`part'. 16
9 Amendment of s 10 (Construction of the regulations in their
Clause 17
application by virtue of this Act) 18
(1) Section 10(2)(b)-- 19
omit. 20
(2) Section 10(2)(c)-- 21
renumber as section 10(2)(b). 22
10 Amendment of s 11 (Power of Governor in Council to declare that
Clause 23
provision of the regulations shall not apply in Queensland by 24
virtue of this Act) 25
Section 11, heading, and section 11(1) and (2), `in Council'-- 26
omit. 27
s 11 12 s 11
Transport Legislation Amendment Bill 2001
11 Insertion of new pt 3
Clause 1
After section 11-- 2
insert-- 3
`PART 3--RECOVERY OF CERTAIN DAMAGES 4
`12 Meaning of "in flight" 5
`(1) For this part, an aircraft that is lighter than air is taken to be "in 6
flight" from the moment when it becomes detached from the earth's 7
surface until the moment when it again becomes attached to the earth's 8
surface. 9
`(2) For this part, a power-driven aircraft that is heavier than air is taken 10
to be "in flight" from the moment when power is applied for the purpose 11
of take-off until the moment when its landing run ends. 12
`(3) For this part, an aircraft that is heavier than air but is not 13
power-driven is taken to be "in flight" from the moment when it becomes 14
airborne (whether or not it is then attached to any other aircraft or machine) 15
until the moment when its landing run ends. 16
`13 Meaning of "operator" 17
`(1) For this part, a person who uses an aircraft is taken to be the operator 18
of the aircraft. 19
`(2) However, if a person authorises the use of an aircraft but retains 20
control of its navigation-- 21
(a) the person who is authorised to use the aircraft is not taken to be 22
the operator of the aircraft; and 23
(b) the person who retains control of the aircraft's navigation is taken 24
to be the operator of the aircraft. 25
`14 Part binds all persons 26
`This part binds all persons, including the State, and, in so far as the 27
legislative power of the State permits, the Commonwealth and the other 28
States. 29
s 11 13 s 11
Transport Legislation Amendment Bill 2001
`15 Use of an aircraft by employees 1
`If a person's employee uses an aircraft in the course of the employee's 2
employment, whether or not the employee is authorised to do so-- 3
(a) the employee is not taken to use the aircraft; and 4
(b) the person is taken to use the aircraft. 5
`16 Liability for injury, loss, damage or destruction 6
`(1) This section applies if a person or property on, in or under land or 7
water suffers personal injury, loss of life, material loss, damage or 8
destruction caused by-- 9
(a) an impact with an aircraft that is in flight, or that was in flight 10
immediately before the impact happened; or 11
(b) an impact with part of an aircraft that was damaged or destroyed 12
while in flight; or 13
(c) an impact with a person, animal or thing that fell from an aircraft 14
in flight; or 15
(d) something that results from an impact of a kind mentioned in 16
paragraph (a), (b) or (c). 17
`(2) The following people are jointly and severally liable in respect of the 18
injury, loss, damage or destruction-- 19
(a) the operator of the aircraft immediately before the impact 20
happened; 21
(b) the owner of the aircraft immediately before the impact 22
happened; 23
(c) if the operator of the aircraft immediately before the impact 24
happened was authorised to use the aircraft but did not have the 25
exclusive right to use it for a period of more than 14 consecutive 26
days--the person who authorised the use of the aircraft; 27
(d) if the operator of the aircraft immediately before the impact 28
happened was using the aircraft without the authority of the 29
person entitled to control its navigation--the person entitled to 30
control the navigation of the aircraft. 31
`(3) Subsection (2)(d) does not apply if the person entitled to control the 32
navigation of the aircraft had taken all reasonable steps to prevent the 33
unauthorised use of the aircraft. 34
s 12 14 s 12
Transport Legislation Amendment Bill 2001
`(4) If-- 1
(a) an injury, loss, damage or destruction of the kind mentioned in 2
subsection (1) is the result of a collision or interference between 3
2 or more aircraft in flight; or 4
(b) 2 or more aircraft jointly cause an injury, loss, damage or 5
destruction of that kind; 6
this section applies in relation to each of the aircraft. 7
`17 Recovery of damages without proof of intention, negligence or 8
other cause of action 9
`(1) Damages for an injury, loss, damage or destruction of the kind 10
mentioned in section 16(1) are recoverable in an action in a court of 11
competent jurisdiction against all or any of the persons (the "defendants") 12
who are jointly and severally liable under that section. 13
`(2) The damages are recoverable without proof of intention, negligence 14
or other cause of action, as if the injury, loss, damage or destruction had 15
been caused by the wilful act, negligence or default of the defendant. 16
`PART 4--MISCELLANEOUS 17
`18 Regulation-making power 18
`The Governor in Council may make regulations under this Act.'. 19
PART 3--AMENDMENT OF CIVIL AVIATION 20
(CARRIERS' LIABILITY) ACT 1964 21
12 Act amended in pt 3
Clause 22
This part amends the Civil Aviation (Carriers' Liability) Act 1964. 23
s 13 15 s 16
Transport Legislation Amendment Bill 2001
13 Amendment of s 6A (Administration of the applied provisions as
Clause 1
Commonwealth laws) 2
(1) Section 6A(3)-- 3
renumber as section 6A(4). 4
(2) Section 6A-- 5
insert-- 6
`(3) Despite subsection (2)(b) and (c), the Penalties and Sentences Act 7
1992, section 181A1 applies to offences against the applied provisions.'. 8
PART 4--AMENDMENT OF TOW TRUCK ACT 1973 9
14 Act amended in pt 4
Clause 10
This part amends the Tow Truck Act 1973. 11
15 Amendment of s 21 (Cancellation or suspension of licences or
Clause 12
certificates) 13
Section 21(2), `, given pursuant to section 28'-- 14
omit. 15
16 Replacement of pt 6 (Appeals)
Clause 16
Part 6-- 17
omit, insert-- 18
`PART 6--REVIEW OF AND APPEALS AGAINST 19
DECISIONS 20
`28 Review of and appeals against decisions 21
`(1) A person whose interests are affected by a decision (the "original 22
decision") described in the schedule may ask the chief executive to review 23
the decision. 24
1 Sections 181A (Corporations to be fined if imprisonment is the only penalty)
s 17 16 s 17
Transport Legislation Amendment Bill 2001
`(2) The person is entitled to receive a statement of reasons for the 1
original decision. 2
`(3) The Transport Planning and Coordination Act 1994, part 5, 3
division 2-- 4
(a) applies to the review; and 5
(b) provides-- 6
(i) for the procedure for applying for the review and the way it 7
is to be carried out; and 8
(ii) that the person may apply to the Magistrates Court for a stay 9
of the original decision. 10
`(4) Also, after the chief executive confirms or amends the original 11
decision or substitutes another decision, the person may appeal against the 12
confirmed, amended or substituted decision (the "reviewed decision") to 13
the Magistrates Court. 14
`(5) The Transport Planning and Coordination Act 1994, part 5, 15
division 3-- 16
(a) applies to the appeal; and 17
(b) provides-- 18
(i) for the procedure for the appeal and the way it is to be 19
disposed of; and 20
(ii) that the person may apply to the Magistrates Court for a stay 21
of the reviewed decision.'. 22
17 Insertion of new schedule
Clause 23
After section 44-- 24
insert-- 25
`SCHEDULE 26
`REVIEWABLE DECISIONS 27
section 28 28
Licence 29
1. Failing to grant and issue a licence under section 6 30
s 18 17 s 19
Transport Legislation Amendment Bill 2001
2. Failing to renew a licence under section 9 1
3. Imposing conditions on the grant or renewal of a licence under 2
section 10 3
4. Varying licence conditions under section 10 4
5. Cancelling or suspending a licence under section 21 5
Driver's certificate or assistant's certificate 6
1. Failing to grant and issue a certificate under section 14 7
2. Failing to renew a certificate under section 17 8
3. Imposing conditions on the grant or renewal of a certificate under 9
section 16 10
4. Varying certificate conditions under section 16 11
5. Cancelling or suspending a certificate under section 21'. 12
PART 5--AMENDMENT OF TRANSPORT (BUSWAY 13
AND LIGHT RAIL) AMENDMENT ACT 2000 14
18 Act amended in pt 5
Clause 15
This part amends the Transport (Busway and Light Rail) Amendment Act 16
2000. 17
19 Amendment of s 13 (Insertion of new chs 7A7C)
Clause 18
(1) Section 13, new section 180A-- 19
omit. 20
(2) Section 13, new chapter 7A, part 4, division 1-- 21
insert-- 22
`180KA Watercourses and busway transport infrastructure works 23
`(1) To carry out busway transport infrastructure works, the chief 24
executive may-- 25
s 19 18 s 19
Transport Legislation Amendment Bill 2001
(a) divert a watercourse; or 1
(b) construct a watercourse, whether temporary or permanent. 2
`(2) In taking action under subsection (1)(a), the chief executive must 3
consider the effect that the action will have on the physical integrity and 4
flow characteristics of the watercourse.'. 5
(3) Section 13, new sections 180M and 180N-- 6
omit, insert-- 7
`180M Powers of chief executive for busway transport infrastructure 8
works contracts etc. 9
`(1) The chief executive may, for the State, carry out or enter into 10
contracts with other persons for the carrying out of-- 11
(a) busway transport infrastructure works on a busway or on land 12
that is intended to become a busway; or 13
(b) other works that contribute to the effectiveness and efficiency of 14
the busway network; or 15
(c) the operation of a busway. 16
`(2) The chief executive, for the State, may enter into contracts with 17
other persons for busway transport infrastructure works to be carried out 18
outside the State under an agreement between the State and the other State 19
concerned. 20
`(3) A contract with a local government under this section may include 21
arrangements about which powers of the local government are to be 22
exercised by the chief executive, and which are to be exercised by the local 23
government, for the busway. 24
`(4) A local government may enter into a contract mentioned in 25
subsection (1) even though the contract relates to works or operation 26
outside the local government's area. 27
`(5) The chief executive, for the State, may carry out or enter into 28
contracts for works on or adjacent to a busway at the request of the owner 29
of adjacent land on the basis that the owner provides consideration, 30
whether monetary or otherwise, as agreed between the chief executive and 31
the owner. 32
`(6) This section does not prevent the chief executive carrying out, or 33
entering into contracts for the carrying out, of busway transport 34
infrastructure works of a minor or emergency nature. 35
s 19 19 s 19
Transport Legislation Amendment Bill 2001
`(7) In carrying out works or the operation of a busway, the chief 1
executive must ensure that the carrying out is done on a price competitive 2
basis. 3
`(8) In entering into contracts under this section, the chief executive must 4
ensure that open competition is encouraged. 5
`(9) Subsection (8) does not apply to a contract with a person if the 6
person is the sole invitee and enters into a price performance contract with 7
the chief executive. 8
`(10) The chief executive may arrange with another person for the 9
sharing by the chief executive with the other person of the cost of-- 10
(a) acquisition of land for busway transport infrastructure; or 11
(b) busway transport infrastructure works on a busway; or 12
(c) other works that contribute to the effectiveness and efficiency of 13
the busway network; or 14
(d) the operation of a busway; 15
including all necessary preliminary costs associated with the acquisition, 16
works or operation. 17
`180N Distraction of traffic on busway 18
`(1) A local government must obtain the chief executive's written 19
approval if it intends to approve the erection, alteration or operation of an 20
advertising sign or other advertising device that would be-- 21
(a) visible from a busway; and 22
(b) reasonably likely to create a traffic hazard for the busway. 23
`(2) For subsection (1), the chief executive may make guidelines to 24
which local governments must have regard in deciding whether the chief 25
executive's approval is required for a particular busway. 26
`(3) An approval may be subject to conditions. 27
`(4) Subsection (1) does not apply if the conditions applied by the local 28
government to the erection, alteration or operation of the sign or device 29
comply with permission criteria fixed by the chief executive. 30
`(5) The permission criteria may include conditions. 31
`(6) A local government must comply with conditions that apply to it 32
under this section. 33
s 19 20 s 19
Transport Legislation Amendment Bill 2001
`(7) An approval must be given-- 1
(a) within 21 days after receiving the application for approval; or 2
(b) within a longer period notified to the local government by the 3
chief executive within the 21 day period. 4
`(8) If the chief executive does not respond to a local government's 5
application within 21 days after receiving it, the chief executive is taken to 6
have given approval at the end of the 21 days. 7
`(9) The chief executive must publish a copy of each notice mentioned in 8
subsection (10) in the gazette. 9
`(10) In this section-- 10
"busway" includes land that the chief executive has notified the local 11
government in writing is intended to become a busway.'. 12
(4) Section 13, new section 180P(2)-- 13
omit. 14
(5) Section 13, new chapter 7A, part 4-- 15
insert-- 16
`Division 2A--Ancillary works and encroachments 17
`180QA Ancillary works and encroachments 18
`(1) The chief executive may construct, maintain, operate or conduct 19
ancillary works and encroachments on a busway. 20
`(2) The chief executive may, by gazette notice, decide that stated 21
ancillary works and encroachments must not be constructed, maintained, 22
operated or conducted on busways, without the chief executive's written 23
approval. 24
`(3) A person must not construct, maintain, operate or conduct ancillary 25
works and encroachments on a busway contrary to a notice under 26
subsection (2). 27
Maximum penalty--200 penalty units. 28
`(4) Subsection (3) does not apply to the construction, maintenance, 29
operation or conduct of ancillary works and encroachments on a busway if 30
the construction, maintenance, operation or conduct-- 31
s 19 21 s 19
Transport Legislation Amendment Bill 2001
(a) conforms to requirements specified by the chief executive by 1
gazette notice; or 2
(b) is done as required by a contract entered into with the chief 3
executive. 4
`(5) An approval or requirements may be subject to conditions, including 5
conditions about the payment of fees and other charges, fixed by the chief 6
executive. 7
`180QB Presumptions about advertising sign 8
`(1) This section applies to a prosecution for an offence against section 9
180QA(3) in relation to an advertising sign. 10
`(2) Each person whose product or service is advertised on the sign is 11
taken to maintain the sign, unless the person proves the advertisement was 12
placed without the person's knowledge or permission. 13
`180QC Alteration etc. of ancillary works and encroachments 14
`(1) If ancillary works and encroachments are constructed, maintained, 15
operated or conducted contrary to section 180QA2, the chief executive 16
may-- 17
(a) cause them to be altered, relocated, made safe or removed; or 18
(b) for activities--direct that their conduct be altered or that they 19
stop being conducted. 20
`(2) A person who constructed, maintained or operated ancillary works 21
and encroachments contrary to section 180QA is liable to pay to the chief 22
executive the cost of altering or relocating them, making them safe or 23
removing them. 24
`(3) If ancillary works and encroachments are removed under 25
subsection (1), the chief executive may cause them to be sold or destroyed. 26
`(4) If the chief executive considers ancillary works and encroachments, 27
or the use of ancillary works and encroachments, that were constructed, 28
maintained, operated or conducted on a busway under an approval, 29
requirements or contract under section 180QA-- 30
(a) by themselves or with other factors-- 31
2 Section 180QA (Ancillary works and encroachments)
s 19 22 s 19
Transport Legislation Amendment Bill 2001
(i) are creating, or may create, a traffic hazard; or 1
(ii) are reducing, or may reduce, safety; or 2
(iii) are having, or may have, an adverse effect on traffic 3
operations; or 4
(b) require emergency action; or 5
(c) have become, or may become, an obstacle to the carrying out of 6
busway transport infrastructure works on the busway or to the 7
construction, augmentation, alteration or maintenance of public 8
utility plant on the busway; 9
the chief executive may cause them to be, or direct that they be, altered, 10
relocated, made safe or removed or, for activities, direct that their conduct 11
be altered or that they stop being conducted. 12
`(5) A person must comply with a direction under subsection (4). 13
Maximum penalty--200 penalty units. 14
`(6) If ancillary works and encroachments are altered, relocated, made 15
safe or removed because of a direction under subsection (4), the chief 16
executive may enter into an agreement with the owner of the ancillary 17
works and encroachments for making a contribution towards the cost of the 18
alteration, relocation, making safe or removal.'. 19
(6) Section 13, new section 180ZE(3)-- 20
omit. 21
(7) Section 13, new chapter 7A-- 22
insert-- 23
`PART 5--BUSWAY SERVICE PROVIDER 24
AUTHORISATION 25
`180ZKA Who may drive on a busway 26
`(1) A person must not drive on a busway unless the person is-- 27
(a) driving in the course of the person's duty as an employee of-- 28
(i) an authorised busway service provider for the busway; or 29
(ii) the holder of a service contract that requires the holder to 30
provide a public passenger service for the busway; or 31
(iii) an emergency service; or 32
s 19 23 s 19
Transport Legislation Amendment Bill 2001
(b) authorised by the chief executive to drive on the busway. 1
Maximum penalty--160 penalty units. 2
`(2) In this section-- 3
"emergency service" means-- 4
(a) the Queensland Ambulance Service; or 5
(b) the Queensland Fire and Rescue Authority; or 6
(c) the Queensland Police Service; or 7
(d) the State Emergency Services; or 8
(e) another entity approved by the chief executive. 9
`180ZKB Applying for authorisation as busway service provider 10
`(1) A person may apply to the chief executive for authorisation as a 11
busway service provider for a busway. 12
`(2) The chief executive may, by written notice, require an applicant to 13
give the chief executive stated written information that the chief executive 14
reasonably requires to consider the application. 15
`(3) The chief executive may reject the application if the applicant fails 16
to comply with the requirement within a stated reasonable time, of not less 17
than 28 days, without reasonable excuse. 18
`180ZKC Considering application for authorisation 19
`(1) The chief executive must promptly consider an application for 20
authorisation as a busway service provider and decide to grant, or refuse to 21
grant, the authorisation. 22
`(2) If the chief executive decides to grant the authorisation, the chief 23
executive must promptly give the applicant a written notice stating-- 24
(a) the decision; and 25
(b) the details of the authorisation, including its scope; and 26
(c) if the authorisation is subject to a condition-- 27
(i) the details of the condition; and 28
(ii) the reason for the condition. 29
s 19 24 s 19
Transport Legislation Amendment Bill 2001
`(3) If the chief executive decides not to grant the authorisation, the chief 1
executive must promptly give the applicant a written notice stating-- 2
(a) the decision; and 3
(b) the reason for the decision. 4
`(4) A notice under subsection (2) or (3) must be accompanied by an 5
information notice. 6
`180ZKD Authorisation conditions 7
`(1) An authorisation may be subject to conditions. 8
`(2) A condition may relate only to-- 9
(a) safely using a busway; or 10
(b) something else prescribed under a regulation. 11
`(3) An authorised busway service provider must comply with each 12
condition of the provider's authorisation. 13
Maximum penalty for subsection (3)--40 penalty units. 14
`180ZKE Requiring authorisation conditions to be complied with 15
`(1) This section applies if the chief executive reasonably believes an 16
authorised busway service provider has not complied with a condition of 17
the provider's authorisation. 18
`(2) The chief executive may, by written notice, require the provider to 19
remedy the breach within a reasonable period stated in the notice. 20
`(3) If the provider has not complied with the condition, the provider 21
must comply with the notice. 22
Maximum penalty for subsection (3)--40 penalty units. 23
`180ZKF Authorisation period 24
`A busway service provider's authorisation remains in force until 25
suspended, cancelled or surrendered. 26
s 19 25 s 19
Transport Legislation Amendment Bill 2001
`180ZKG Amending authorisation conditions on application 1
`(1) An authorised busway service provider may apply to the chief 2
executive for an amendment of the conditions of the provider's 3
authorisation. 4
`(2) The chief executive must consider the application and decide to 5
grant, or refuse to grant, the amendment. 6
`(3) The chief executive may amend a condition only if satisfied the 7
condition is-- 8
(a) no longer appropriate; or 9
(b) no longer consistent with generally accepted risk management 10
principles. 11
`(4) If the chief executive decides to amend a condition, the chief 12
executive must promptly give the applicant a written notice stating the 13
decision and the amendment. 14
`(5) If the chief executive decides not to amend a condition, the chief 15
executive must promptly give the applicant a written notice stating-- 16
(a) the decision; and 17
(b) the reason for the decision. 18
`(6) A notice under subsection (5) must be accompanied by an 19
information notice. 20
`(7) If the chief executive does not decide the application within 70 days 21
after it is made, the chief executive is taken to have made the amendment 22
sought by the applicant at the end of the 70 days. 23
`180ZKH Amending authorisation conditions without application 24
`(1) This section applies if the chief executive considers the conditions of 25
a busway service provider's authorisation should be amended although the 26
provider has not applied for the amendment. 27
`(2) Before amending the conditions, the chief executive must give the 28
provider a written notice stating-- 29
(a) the proposed amendment; and 30
(b) the reason for the amendment; and 31
(c) an invitation to the provider to show in writing, within a stated 32
time of at least 28 days, why the amendment should not be made. 33
s 19 26 s 19
Transport Legislation Amendment Bill 2001
`(3) If, after considering all written representations made within the 1
stated time, the chief executive still considers the conditions should be 2
amended, the chief executive may amend the conditions-- 3
(a) in the way proposed; or 4
(b) in another way, having regard to the representations. 5
`(4) The chief executive must inform the provider of the decision by 6
written notice. 7
`(5) If the chief executive decides to amend the conditions, the notice 8
must also state-- 9
(a) the amendment; and 10
(b) the reason for the decision. 11
`(6) A notice under subsection (5) must be accompanied by an 12
information notice. 13
`(7) Subsections (2) to (5) do not apply if the chief executive proposes to 14
amend the conditions of a busway service provider's authorisation for a 15
formal or clerical reason that does not adversely affect the provider's 16
interests. 17
`(8) The chief executive may amend a condition in a way mentioned in 18
subsection (7) by written notice to the provider. 19
`180ZKI Suspending or cancelling authorisation 20
`(1) This section applies if the chief executive-- 21
(a) reasonably suspects an authorised busway service provider has 22
contravened a condition of the provider's authorisation; and 23
(b) considers the authorisation should be suspended or cancelled (the 24
"proposed action"). 25
`(2) Before taking the proposed action, the chief executive must give the 26
provider a written notice stating-- 27
(a) the proposed action; and 28
(b) the reason for the proposed action; and 29
(c) if the proposed action is to suspend the authorisation--the 30
proposed suspension period; and 31
s 19 27 s 19
Transport Legislation Amendment Bill 2001
(d) if the proposed action is to suspend the authorisation only in 1
relation to a particular service operated by the provider--the 2
service; and 3
(e) an invitation to the provider to show in writing, within a stated 4
time of at least 28 days, why the proposed action should not be 5
taken. 6
`(3) If after considering all written representations made within the 7
stated time, the chief executive still considers the proposed action should 8
be taken, the chief executive may-- 9
(a) if the proposed action was to suspend the authorisation--suspend 10
the authorisation-- 11
(i) for no longer than the proposed suspension period; and 12
(ii) if the proposed suspension was limited to a particular 13
service--only in relation to the service; or 14
(b) if the proposed action was to cancel the authorisation--cancel 15
the authorisation or suspend it for a period. 16
`(4) The chief executive must inform the provider of the decision by 17
written notice. 18
`(5) If the chief executive decides to suspend or cancel the authorisation, 19
the notice must also state the reason for the decision. 20
`(6) If-- 21
(a) rather than cancel the authorisation, the chief executive suspends 22
it on condition that the provider do certain things to rectify the 23
failure to comply with a condition of the provider's authorisation; 24
and 25
(b) the provider does not rectify the failure within the suspension 26
period; 27
the chief executive may immediately cancel the authorisation by written 28
notice to the provider. 29
`(7) A notice under subsection (4) or (6) must be accompanied by an 30
information notice. 31
`180ZKJ Immediate suspension of authorisation 32
`(1) This section applies if the chief executive-- 33
s 20 28 s 20
Transport Legislation Amendment Bill 2001
(a) reasonably believes an authorised busway service provider has 1
contravened a condition of the provider's authorisation; and 2
(b) considers members of the public may be seriously harmed if 3
urgent action to suspend the authorisation is not taken. 4
`(2) The chief executive may immediately suspend the authorisation by 5
written notice to the provider. 6
`(3) The notice must state the reason for the decision and must be 7
accompanied by an information notice. 8
`(4) The chief executive must at the same time give the provider a notice 9
under section 180ZKI(2). 10
`(5) The authorisation is suspended under this section until the earlier of 11
the following-- 12
(a) the chief executive gives the provider notice of the chief 13
executive's decision under section 180ZKI; 14
(b) the end of 60 days after the notice under subsection (2) was given 15
to the provider. 16
`180ZKK Surrender of authorisation 17
`An authorised busway service provider may, at any time, surrender the 18
provider's authorisation by written notice to the chief executive.'. 19
(8) Section 13, new section 180ZL-- 20
omit. 21
20 Amendment of s 19 (Amendment of sch 3 (Dictionary))
Clause 22
(1) Section 19(2), definition "construction"-- 23
omit, insert-- 24
` "construction" of busway, light rail, or road transport infrastructure 25
includes each of the following for the infrastructure, to the extent it 26
involves the development of the infrastructure-- 27
(a) initial construction; 28
(b) improvement of its standard; 29
(c) realignment; 30
(d) widening; 31
s 21 29 s 23
Transport Legislation Amendment Bill 2001
(e) extension to accommodate the extension of a busway, light rail or 1
road.'. 2
(2) Section 19(8)-- 3
omit. 4
PART 6--AMENDMENT OF TRANSPORT 5
(GLADSTONE EAST END TO HARBOUR CORRIDOR) 6
ACT 1996 7
21 Act amended in pt 6
Clause 8
This part amends the Transport (Gladstone East End to Harbour 9
Corridor) Act 1996. 10
22 Amendment of sch 1 (Land for rail transport corridor)
Clause 11
(1) Schedule 1, section reference-- 12
omit, insert-- 13
`sections 2(1) and 6(1)(b)'. 14
(2) Schedule 1, part 3-- 15
insert-- 16
`27A. Lot 25 on plan SP103896 in the parish of Calliope, county of 17
Clinton.'. 18
23 Amendment of sch 4 (Roads partially closed)
Clause 19
Schedule 4-- 20
insert-- 21
`17A. Lot 35 on plan SP101571 in the parish of Nolan, county of Deas 22
Thompson.'. 23
s 24 30 s 27
Transport Legislation Amendment Bill 2001
PART 7--AMENDMENT OF TRANSPORT 1
INFRASTRUCTURE ACT 1994 2
24 Act amended in pt 7
Clause 3
This part amends the Transport Infrastructure Act 1994. 4
25 Omission of s 22 (Definitions for ch 5)
Clause 5
Section 22-- 6
omit. 7
26 Amendment of s 45 (Removal of materials etc.)
Clause 8
Section 45(2)-- 9
omit. 10
27 Replacement of s 59 (Location and requirements)
Clause 11
Section 59-- 12
omit, insert-- 13
`59 Location 14
`For the purposes of this division, the location of public utility plant on a 15
State-controlled road includes the line, level and boundary of the plant on 16
the road. 17
`59A Chief executive's requirements for public utility plant 18
`(1) The chief executive may, by written notice to the owner of public 19
utility plant on a State-controlled road, make requirements about matters 20
prescribed under a regulation in relation to the plant. 21
`(2) The requirements may include the imposition of conditions, 22
including conditions about the payment of a fee or other charge fixed by the 23
chief executive.'. 24
s 28 31 s 29
Transport Legislation Amendment Bill 2001
28 Amendment of s 62 (Liability for damage or expenses)
Clause 1
(1) Section 62(3), `replace or reconstruct'-- 2
omit, insert-- 3
`approve the replacement or reconstruction of'. 4
(2) Section 62(4)-- 5
omit, insert-- 6
`(4) If the chief executive approves the replacement or reconstruction of 7
plant, the replacement or reconstruction must be done under the chief 8
executive's requirements.'. 9
29 Insertion of new ss 131A and 131B
Clause 10
After section 131-- 11
insert-- 12
`131A Railway tunnel easements 13
`(1) This section applies to an easement described in schedule 2A, 14
despite the terms of the easement. 15
`(2) The benefit of the easement is taken to be vested in Queensland Rail. 16
`(3) Queensland Rail may-- 17
(a) transfer the benefit of the easement only to the State; or 18
(b) surrender the easement only with the State's consent. 19
`(4) If-- 20
(a) Queensland Rail remains the grantee of the easement; and 21
(b) the easement is over, or adjoins, part of a railway tunnel corridor; 22
and 23
(c) Queensland Rail-- 24
(i) surrenders a part of the sublease of rail corridor land that 25
adjoins the railway tunnel corridor to the State; or 26
(ii) transfers the sublease of rail corridor land that adjoins the 27
railway tunnel corridor to a railway manager; 28
Queensland Rail must transfer the benefit of the easement to the State. 29
s 30 32 s 31
Transport Legislation Amendment Bill 2001
`(5) If Queensland Rail remains the grantee of the easement, Queensland 1
Rail may grant a licence in relation to the easement to a railway operator. 2
`(6) If the State becomes the grantee of the easement-- 3
(a) the State may grant a licence in relation to the easement to a 4
railway manager; and 5
(b) the railway manager may grant a sublicence to a railway 6
operator. 7
`(7) No compensation is payable to the grantor of the easement because 8
of any vesting, transfer, licence or sublicence under this section. 9
`(8) In this section-- 10
"railway tunnel corridor" means a corridor of land within which a tunnel 11
containing rail transport infrastructure is situated. 12
`131B What is "future railway land" 13
`(1) Land becomes "future railway land" when the chief executive, by 14
written notice to the relevant local government and in the gazette, indicates 15
that the land is intended to be used for a railway. 16
`(2) Future railway land ceases to be future railway land when it is leased 17
under section 131(4). 18
`(3) If the chief executive decides that future railway land is no longer to 19
be used for a railway, the chief executive must give written notice of that 20
fact to the relevant local government and in the gazette.'. 21
30 Omission of s 138 (Carrying dangerous goods)
Clause 22
Section 138-- 23
omit. 24
31 Amendment of s 152 (Application of Land Act 1994)
Clause 25
(1) Section 152, second dot point, after `payable'-- 26
insert-- 27
`generally'. 28
s 32 33 s 34
Transport Legislation Amendment Bill 2001
(2) Section 152-- 1
insert-- 2
· `section 336(2)(a) and (c).3'. 3
32 Omission of s 154 (Continuation of port authorities)
Clause 4
Section 154-- 5
omit. 6
33 Amendment of s 181B (Definition for pt 2)
Clause 7
Section 181B, `Organization'-- 8
omit, insert-- 9
`Organisation'. 10
34 Insertion of new ch 8AA
Clause 11
After section 187A-- 12
insert-- 13
`CHAPTER 8AA--TRANSPORTING DANGEROUS 14
GOODS BY RAIL 15
`PART 1--INTRODUCTORY 16
`187AA Purposes of ch 8AA 17
`The purposes of this chapter are-- 18
(a) to reduce risk arising from transporting dangerous goods by rail; 19
and 20
(b) to help create a substantially uniform national rail transport law 21
about dangerous goods; and 22
3 Land Act 1994, section 336 (Amending a sublease)
s 34 34 s 34
Transport Legislation Amendment Bill 2001
(c) to promote consistency between the regulation of the transport of 1
dangerous goods by rail and by other modes of transport. 2
`187AB Application of ch 8AA 3
`(1) This chapter-- 4
(a) applies only to the transportation of dangerous goods by rail; and 5
(b) applies in addition to, and does not limit, any other provision of 6
this Act or any other Act. 7
`(2) However, this chapter does not apply to any of the following-- 8
(a) the transportation of radioactive substances under the Radiation 9
Safety Act 1999; 10
(b) the transportation of explosives under the Explosives Act 1999; 11
(c) the transfer, under the Gas Act 1965, of gas within the meaning 12
of that Act from a rail tank vehicle or bulk container; 13
(d) dangerous goods in a container that is-- 14
(i) designed to form part of, and forms part of, the fuel system 15
of-- 16
(A) a rail vehicle's engine; or 17
(B) another part of a rail vehicle's propulsion equipment; 18
or 19
(C) an engine that is part of a rail vehicle's refrigeration 20
system; or 21
(D) another auxiliary engine of a rail vehicle; or 22
(ii) designed as a fuel storage container for a fuel burning 23
appliance, or an engine, that is-- 24
(A) built into a rail vehicle; or 25
(B) designed to be attached to a rail vehicle; or 26
(C) part of a refrigeration system attached to a freight 27
container; or 28
(D) prescribed under a regulation; 29
s 34 35 s 34
Transport Legislation Amendment Bill 2001
(e) a battery installed in a rail vehicle or on its load for the purpose 1
of operating a function of the vehicle or of equipment relating to 2
the load; 3
(f) a fire extinguisher fitted to or carried in a rail vehicle to be used 4
for the protection of the vehicle or its load; 5
(g) equipment installed in a rail vehicle to provide a safety or 6
protective system for an occupant of the vehicle; 7
(h) compressed air, compressed oxygen or oxygen releasing 8
chemicals that are part of self contained breathing or rebreathing 9
apparatus for use by a rail vehicle's driver.'. 10
`187AC Ch 8AA binds all persons 11
`(1) This chapter binds all persons, including every Queensland 12
government entity, and, so far as the legislative power of the Parliament 13
permits, every government entity of the Commonwealth or of another 14
State. 15
`(2) In this section-- 16
"government entity" includes-- 17
(a) the State, the Commonwealth or another State; and 18
(b) an instrumentality, agent, authority, company, GOC or entity of 19
the State, the Commonwealth or another State. 20
`PART 2--REGULATIONS 21
`187AD Regulations about dangerous goods 22
`(1) A regulation may prescribe matters about the transportation of 23
dangerous goods by rail, including for example, the following matters-- 24
(a) types and categories of dangerous goods; 25
(b) ways of deciding types and categories of dangerous goods; 26
(c) deciding which goods are-- 27
(i) dangerous; or 28
s 34 36 s 34
Transport Legislation Amendment Bill 2001
(ii) dangerous goods of a particular type; or 1
(iii) too dangerous to be transported by rail; or 2
(iv) too dangerous to be transported in bulk by rail; 3
(d) the analysis and testing of dangerous goods; 4
(e) the marking of packages, and unit loads, containing dangerous 5
goods; 6
(f) the placarding of containers and rail vehicles containing 7
dangerous goods; 8
(g) containers, packaging equipment and other items to be used for 9
transporting dangerous goods; 10
(h) the manufacture of rail vehicles and containers for use in 11
transporting dangerous goods; 12
(i) the loading of dangerous goods for, and the unloading of 13
dangerous goods after, their transportation; 14
(j) deciding routes along which, the areas in which and the times 15
during which, dangerous goods may or may not be transported; 16
(k) procedures for transporting dangerous goods, including-- 17
(i) the quantities and circumstances in which dangerous goods 18
may be transported; and 19
(ii) safety procedures and equipment; 20
(l) the approval of packages, containers, equipment and other items 21
used for transporting dangerous goods; 22
(m) the approval of processes to be carried out when transporting 23
dangerous goods; 24
(n) other approvals; 25
(o) documents to be prepared or kept by persons involved in 26
transporting dangerous goods and the approval of alternative 27
documentation; 28
(p) obligations arising, and procedures to be followed, in a 29
dangerous situation; 30
(q) the training and qualifications required of persons involved in, 31
and the approval of training courses and qualifications relating to 32
involvement in, transporting dangerous goods. 33
s 34 37 s 34
Transport Legislation Amendment Bill 2001
`(2) Without limiting subsection (1), a regulation may provide-- 1
(a) for the granting or renewing of, or refusing to grant or renew, an 2
approval or exemption; or 3
(b) grounds for amending, suspending or cancelling an approval or 4
exemption. 5
`(3) A regulation may allow the chief executive to make provision about 6
a matter mentioned in subsection (1)(j). 7
`(4) A decision about a matter mentioned in subsection (1)(c), other than 8
an approval, may only be made by regulation. 9
`PART 3--APPROVALS AND EXEMPTIONS 10
`Division 1--Exemptions 11
`187AE Exemptions 12
`(1) A person, or a representative of a class of person, may apply to the 13
chief executive for an exemption from complying with a provision of a 14
regulation about transporting dangerous goods by rail. 15
`(2) The chief executive may, on an application under subsection (1) or 16
on the chief executive's own initiative, exempt a person or a class of person 17
from complying with the provision if satisfied-- 18
(a) it is not reasonably practicable for the person or class of person 19
to comply with the provision; and 20
(b) granting the exemption-- 21
(i) would not be likely to create a risk of a dangerous situation, 22
greater than would be the case if the person or class of 23
person did comply; and 24
(ii) would not cause unnecessary administrative or enforcement 25
difficulties, particularly about maintaining national 26
substantially uniform rail transport laws about dangerous 27
goods. 28
`(3) If an exemption is given on conditions, the exemption operates only 29
if the conditions are complied with. 30
s 34 38 s 34
Transport Legislation Amendment Bill 2001
`(4) The chief executive must, as soon as is practicable after giving a 1
class exemption, give notice of the exemption in the gazette. 2
`(5) The notice must state the following-- 3
(a) the class of person to whom the exemption applies; 4
(b) the provision of the regulation from which the class is exempt; 5
(c) the dangerous goods to which the exemption applies; 6
(d) the time for which the exemption applies; 7
(e) the conditions, if any, to which the exemption is subject; 8
(f) the geographical area in which the exemption applies. 9
`(6) The Statutory Instruments Act 1992, sections 24 and 25 apply to an 10
exemption as if it were a statutory instrument. 11
`(7) A regulation may regulate the giving of an exemption under this 12
section. 13
`Division 2--Amending, suspending or cancelling approval or exemption 14
`187AF Grounds for amending, suspending or cancelling approval or 15
exemption 16
`(1) It is a ground for amending, suspending or cancelling an approval or 17
exemption if the approval or exemption was-- 18
(a) granted because of a document or representation that is false or 19
misleading; or 20
(b) obtained or made in another improper way. 21
`(2) It is a ground for amending, suspending or cancelling an approval or 22
exemption if the person, or 1 or more of the persons, to whom the approval 23
or exemption applies-- 24
(a) has contravened a condition of the approval or exemption; or 25
(b) has been convicted of an offence against this chapter or a law of 26
another State or the Commonwealth about transporting 27
dangerous goods by rail. 28
s 34 39 s 34
Transport Legislation Amendment Bill 2001
`187AG What chief executive must do before taking proposed action, 1
other than for class exemption 2
`(1) This section applies if the chief executive proposes to amend, 3
suspend or cancel an approval or exemption, other than a class exemption 4
(the "proposed action"). 5
`(2) Before taking the proposed action, the chief executive must give the 6
holder of the approval or exemption written notice stating-- 7
(a) the proposed action; and 8
(b) the grounds for the proposed action; and 9
(c) an outline of the facts and circumstances forming the basis for 10
the grounds; and 11
(d) if the proposed action is to amend the approval or exemption, 12
including a condition of the approval or exemption--the 13
proposed amendment; and 14
(e) if the proposed action is to suspend the approval or 15
exemption--the proposed suspension period; and 16
(f) an invitation to the holder of the approval or exemption to show 17
in writing, within a stated time of at least 28 days, why the 18
proposed action should not be taken. 19
`187AH What chief executive must do before taking proposed action 20
for class exemption 21
`(1) This section applies if the chief executive proposes to amend, 22
suspend or cancel a class exemption (the "proposed action"). 23
`(2) Before taking the proposed action, the chief executive must give 24
written notice to the class representative for the exemption and in the 25
gazette stating-- 26
(a) the proposed action; and 27
(b) the grounds for the proposed action; and 28
(c) an outline of the facts and circumstances forming the basis for 29
the grounds; and 30
(d) if the proposed action is to amend the exemption, including a 31
condition of the exemption--the proposed amendment; and 32
s 34 40 s 34
Transport Legislation Amendment Bill 2001
(e) if the proposed action is to suspend the exemption--the proposed 1
suspension period; and 2
(f) an invitation to any member of the class for the exemption to 3
show in writing, within a stated time of at least 28 days, why the 4
proposed action should not be taken. 5
`187AI Decision on proposed action 6
`(1) If, after considering any written representations made within the 7
time allowed under section 187AG or 187AH, the chief executive still 8
considers the proposed action should be taken, the chief executive may-- 9
(a) if the proposed action was to amend the approval or 10
exemption--amend the approval or exemption; or 11
(b) if the proposed action was to suspend the approval or 12
exemption--suspend the approval or exemption for no longer 13
than the period stated in the notice under section 187AG or 14
187AH; or 15
(c) if the proposed action was to cancel the approval or 16
exemption--amend or cancel the approval or exemption, or 17
suspend the approval or exemption for a period. 18
`(2) The chief executive must give written notice of the chief executive's 19
decision to-- 20
(a) for an approval or exemption, other than a class exemption--the 21
holder; or 22
(b) for a class exemption--the class representative for the 23
exemption. 24
`(3) If the chief executive decides to amend, suspend or cancel the 25
approval or exemption, the notice must state the reasons for the decision 26
and be accompanied by an information notice. 27
`(4) The decision takes effect on the day notice is given under 28
subsection (2) or a later day stated in the notice. 29
`187AJ Sections 187AG187AI do not apply to beneficial or clerical 30
amendment 31
`(1) Sections 187AG to 187AI do not apply-- 32
s 34 41 s 34
Transport Legislation Amendment Bill 2001
(a) if the chief executive proposes to amend an approval or 1
exemption only-- 2
(i) for a formal or clerical reason; or 3
(ii) in another way that does not adversely affect the interests of 4
any person; or 5
(b) if the chief executive proposes to amend an approval or 6
exemption in another way or cancel it and the holder has asked 7
the chief executive to take the proposed action. 8
`(2) The chief executive may amend an approval or exemption in a way 9
mentioned in subsection (1) by written notice to-- 10
(a) for an approval or exemption, other than a class exemption--the 11
holder; or 12
(b) for a class exemption--the class representative for the 13
exemption. 14
`187AK Immediate suspension in the public interest 15
`(1) Despite sections 187AG and 187AH, this section applies if the chief 16
executive considers it is necessary in the interest of public safety to 17
immediately suspend an approval or exemption. 18
`(2) The chief executive may, by written notice to the holder of the 19
approval or exemption, other than a class exemption, immediately suspend 20
the approval or exemption until the earlier of the following-- 21
(a) a notice is given to the holder under section 187AI(2); or 22
(b) the end of 56 days after the notice is given to the holder. 23
`(3) The chief executive may, by written notice to the class representative 24
for a class exemption, immediately suspend the exemption until the earlier 25
of the following-- 26
(a) a notice is given for the exemption under section 187AI(2); or 27
(b) the end of 56 days after the notice is given to the holder. 28
`(4) If the chief executive suspends a class exemption, the chief 29
executive must give notice of the suspension in the gazette. 30
`(5) A notice under subsection (2) or (3) must state the reasons for the 31
decision and be accompanied by an information notice. 32
s 34 42 s 34
Transport Legislation Amendment Bill 2001
`PART 4--OFFENCES 1
`187AL Goods too dangerous to be transported 2
`A person must not transport by rail goods prescribed under a regulation 3
as being too dangerous to transport by rail if the person knows, or 4
reasonably ought to know, the goods are too dangerous to be transported by 5
rail. 6
Maximum penalty--665 penalty units. 7
`187AM Duties when transporting dangerous goods 8
`(1) A person involved in transporting dangerous goods by rail must 9
ensure, as far as is practicable, that the goods are transported safely. 10
Maximum penalty--665 penalty units. 11
`(2) A person involved in transporting dangerous goods by rail must not 12
contravene this chapter in circumstances in which the person knew, or 13
ought reasonably to have known, that the contravention would be likely to 14
endanger the safety of another person or of property or the environment. 15
Maximum penalty--665 penalty units. 16
`(3) This section applies in addition to, and does not limit, any other 17
provision of this chapter. 18
`187AN Prohibition on involvement in the transportation of dangerous 19
goods by rail 20
`(1) A court convicting a person of an offence against this chapter may 21
order that the person be prohibited, for a stated period, from involvement in 22
the transportation of dangerous goods by rail after having regard to the 23
following matters-- 24
(a) the person's record in the transportation of dangerous goods by 25
rail in Australia; 26
(b) the person's convictions under Queensland law, or a law of 27
another State or the Commonwealth relating to dangerous goods; 28
(c) the circumstances surrounding the commission of the offence; 29
(d) any other matters the court considers appropriate. 30
s 34 43 s 34
Transport Legislation Amendment Bill 2001
`(2) A person must not contravene an order made under subsection (1). 1
Maximum penalty--665 penalty units or 2 years imprisonment. 2
`(3) Subsection (1) does not limit any other penalty the court may 3
impose for the offence. 4
`(4) In this section-- 5
"involvement" in the transportation of dangerous goods by rail includes 6
the following-- 7
(a) importing, or arranging for the importation of, dangerous goods 8
into Australia; 9
(b) packing or labelling dangerous goods for transportation by rail; 10
(c) consigning dangerous goods for transportation by rail; 11
(d) loading dangerous goods onto a rail vehicle or into a container 12
that is to be put on a rail vehicle; 13
(e) unloading dangerous goods that have been transported by rail; 14
(f) undertaking or being responsible for the transportation of 15
dangerous goods by rail, other than as an employee or 16
sub-contractor; 17
(g) being a consignee of dangerous goods transported by rail; 18
(h) being involved as a director, secretary or manager of a 19
corporation or other person who takes part in the management of 20
a corporation that takes part in an activity mentioned in 21
paragraphs (a) to (g). 22
`PART 5--RECOVERY OF COSTS AND FORFEITURE 23
`187AO Forfeiture on conviction 24
`(1) A court convicting a person of an offence against this chapter may 25
order the forfeiture to the State of-- 26
(a) anything used to commit the offence; or 27
(b) anything else the subject of the offence. 28
`(2) The court may make the order-- 29
s 34 44 s 34
Transport Legislation Amendment Bill 2001
(a) whether or not the thing has been seized; and 1
(b) if the thing has been seized, whether or not the thing has been 2
returned to its owner. 3
`(3) The court may make any order to enforce the forfeiture that it 4
considers appropriate. 5
`(4) This section does not limit the court's powers under the Penalties 6
and Sentences Act 1992 or another law. 7
`187AP Dealing with forfeited things etc. 8
`(1) On the forfeiture of a thing to the State, the thing becomes the 9
State's property and may be dealt with by the chief executive as the chief 10
executive considers appropriate. 11
`(2) Without limiting subsection (1), the chief executive may destroy or 12
dispose of the thing. 13
`(3) The chief executive must not deal with the thing until any review of, 14
or appeal against, the decision to forfeit the thing is decided. 15
`187AQ Recovery of costs from convicted person 16
`(1) A court convicting a person of an offence against this chapter may 17
order the person to pay to the State the costs reasonably incurred by the 18
State in prosecuting the offence, including the cost of testing, transporting, 19
storing and disposing of dangerous goods and other evidence. 20
`(2) An amount ordered to be paid under subsection (1) is a debt owing 21
to the State. 22
`(3) A court may make an order under subsection (1) in addition to any 23
other order the court may make. 24
`187AR Recovery of costs of government action 25
`(1) This section applies if any of the following events happen in relation 26
to the transportation of dangerous goods by rail-- 27
(a) a dangerous situation; 28
(b) an incident wholly or partly constituted by or arising from-- 29
(i) the escape of dangerous goods; or 30
s 34 45 s 34
Transport Legislation Amendment Bill 2001
(ii) an explosion or fire involving dangerous goods; or 1
(c) an incident involving the risk of the escape of dangerous goods 2
or an explosion or fire involving dangerous goods. 3
`(2) If a government entity incurs costs because of the event, the entity 4
may recover the costs reasonably incurred in dealing with the event as a 5
debt owing to the entity. 6
`(3) The costs are recoverable as a joint and several liability from the 7
following persons-- 8
(a) the person who owned the dangerous goods when the event 9
happened; 10
(b) the person who had possession or control of the dangerous goods 11
when the event happened; 12
(c) the person who caused the event; 13
(d) the person responsible (other than as an employee, agent or 14
subcontractor of someone else) for the transportation of the 15
dangerous goods by rail. 16
`(4) However, costs are not recoverable from a person-- 17
(a) who does not incur civil liability because of section 187AT; or 18
(b) who establishes that-- 19
(i) the event was primarily caused by someone else; or 20
(ii) the person could not, exercising reasonable care, have 21
prevented the event; or 22
(iii) the event was not attributable to the person or to an 23
employee, agent or subcontractor of the person. 24
`(5) This section does not limit the powers a government entity has apart 25
from this chapter. 26
s 35 46 s 35
Transport Legislation Amendment Bill 2001
`PART 6--MISCELLANEOUS 1
`187AS Certificates and documents 2
`(1) A certificate purporting to be signed by the chief executive and 3
stating that a stated person held or did not hold a stated approval or 4
exemption under this chapter on a stated day or throughout a stated period 5
is evidence of the matters stated. 6
`(2) A court may admit into evidence a copy of a document made by an 7
authorised person under this chapter. 8
`187AT Helping in accidents or emergencies 9
`(1) This section applies if a person, other than an official-- 10
(a) helps, or attempts to help, in a situation in which an accident or 11
emergency involving dangerous goods happens or is likely to 12
happen; and 13
(b) the help, or attempt to help, is given-- 14
(i) honestly and without negligence; and 15
(ii) without any fee, charge or other reward. 16
`(2) The person does not incur civil liability for helping or attempting to 17
help. 18
`(3) If subsection (2) prevents civil liability attaching to a person, the 19
liability attaches instead to the State. 20
`(4) This section does not apply to a person whose act or omission 21
wholly or partly caused the accident, emergency or likely accident or 22
emergency. 23
`(5) In this section-- 24
"official" means a person who is, or is acting under the control of, an 25
authorised person under the Transport Operations (Passenger 26
Transport) Act 1994.'. 27
35 Amendment of s 187Q (Notice of draft waterway transport
Clause 28
management plan) 29
Section 187Q-- 30
s 36 47 s 37
Transport Legislation Amendment Bill 2001
insert-- 1
`(5) This section does not apply if the draft deals only with fees or a 2
minor error. 3
`(6) In this section-- 4
"minor error" includes-- 5
(a) a typographical error; and 6
(b) a grammatical error; and 7
(c) an error of punctuation; and 8
(d) an error in cross-referencing to a provision of a law.'. 9
36 Amendment of s 191 (Disposal of fees, penalties etc.)
Clause 10
(1) Section 191(2), `Justices Act 1886, part 4A'-- 11
omit, insert-- 12
`State Penalties Enforcement Act 1999'. 13
(2) Section 191(5)-- 14
omit, insert-- 15
`(5) A declared amount received or recovered by the chief executive is to 16
be retained by the chief executive and not paid into the consolidated fund.'. 17
(3) Section 191-- 18
insert-- 19
`(8) In this section-- 20
"declared amount" means any of the following-- 21
(a) a fee or charge under section 59A(2); 22
(b) a fee under section 187B(3); 23
(c) a levy under schedule 1, item 20.'. 24
37 Insertion of new ss 199A199C
Clause 25
Chapter 9-- 26
insert-- 27
s 37 48 s 37
Transport Legislation Amendment Bill 2001
`199A Altering watercourse to adversely affect transport route 1
`(1) A person must not, without lawful excuse, alter a watercourse in a 2
way that adversely affects a transport route. 3
Maximum penalty--40 penalty units. 4
`(2) If the chief executive considers that water from a watercourse has 5
collected or is likely to collect, and obstruct or be likely to obstruct, traffic 6
on a transport route, the chief executive may-- 7
(a) under section 33, 95 or 180D,4 enter the land on which the 8
watercourse is situated; and 9
(b) take the action that the chief executive considers necessary or 10
desirable to reduce or prevent the collection of water. 11
`(3) Before exercising the powers under subsection (2), the chief 12
executive may, by written notice, require the owner of the land on which 13
the watercourse is situated to take the action that the chief executive 14
considers necessary or desirable to reduce or prevent the collection of 15
water. 16
`(4) The owner must comply with the notice, unless the owner has a 17
reasonable excuse. 18
Maximum penalty--200 penalty units. 19
`(5) If the owner fails to comply with the notice, the chief executive may 20
exercise the powers mentioned in subsection (2). 21
`(6) The owner is liable to pay the chief executive the costs incurred 22
because of the exercise of powers. 23
`(7) This section applies-- 24
(a) even if the water collected as a result of action that was 25
authorised under an Act; or 26
(b) whether the water collects permanently, temporarily or 27
intermittently. 28
`(8) In this section-- 29
"alter" includes damage and interfere with. 30
4 Section 33 (Temporary occupation and use of land), 95 (Entry to land by notice or
with approval) or 180D (Authority to enter or temporarily occupy or use land)
s 37 49 s 37
Transport Legislation Amendment Bill 2001
"chief executive", in relation to a railway, includes a railway manager or 1
operator for whom an accreditation for the railway is in force under 2
chapter 6. 3
"transport route" means a busway, railway or road. 4
`199B Altering materials etc. 5
`(1) A person must not, without lawful excuse, alter any naturally 6
occurring materials, stockpile of material or works on a busway or railway. 7
Maximum penalty--200 penalty units. 8
`(2) A person must not deposit rubbish or abandon goods or materials on 9
a busway or railway other than at places approved by, and under conditions 10
fixed by, the chief executive. 11
Maximum penalty--200 penalty units. 12
`(3) In this section-- 13
"alter" includes damage, interfere with and remove. 14
"chief executive", in relation to a railway, includes a railway manager or 15
operator for whom an accreditation for the railway is in force under 16
chapter 6. 17
"works" means-- 18
(a) for a busway-- 19
(i) ancillary works and encroachments; or 20
(ii) busway transport infrastructure works; or 21
(b) for a railway--railway works. 22
`199C Recovery of cost of damage 23
`(1) This section applies if a person intentionally, recklessly or 24
negligently damages works on a busway or railway. 25
`(2) The person is liable to pay the chief executive the cost of repairing 26
the damage. 27
`(3) However, if the damage is caused by the driver of a vehicle whose 28
identity is unknown, or who can not be located, the registered operator of 29
the vehicle is liable for the costs of repairing the damage, unless the vehicle 30
was being used without the registered operator's knowledge or permission. 31
s 38 50 s 39
Transport Legislation Amendment Bill 2001
`(4) Subsections (2) and (3) apply, whether or not the damage 1
constitutes, or is done in connection with, an offence against this Act. 2
`(5) However, if-- 3
(a) a court finds a person guilty of an offence against this Act; and 4
(b) in committing the offence, the person damaged works; 5
the court may, as well as imposing a penalty, order the person to pay an 6
amount towards the cost of repairing the damage. 7
`(6) In this section-- 8
"chief executive", in relation to a railway, includes a railway manager or 9
operator for whom an accreditation for the railway is in force under 10
chapter 6. 11
"registered operator" means the person in whose name the vehicle is 12
registered. 13
"repairing" includes replacing and reconstructing. 14
"works" means-- 15
(a) for a busway-- 16
(i) ancillary works and encroachments; or 17
(ii) busway transport infrastructure works; or 18
(b) for a railway--railway works.'. 19
38 Omission of s 227 (Definitions)
Clause 20
Section 227-- 21
omit. 22
39 Amendment of sch 1 (Subject matter for regulations)
Clause 23
(1) Schedule 1, section 2, after `road works'-- 24
insert-- 25
`or busway transport infrastructure works'. 26
(2) Schedule 1, section 3, after `roads'-- 27
insert-- 28
`or busways'. 29
s 40 51 s 40
Transport Legislation Amendment Bill 2001
(3) Schedule 1, section 10-- 1
insert-- 2
`(e) busways.'. 3
(4) Schedule 1, section 12, after `railway'-- 4
insert-- 5
`or busway'. 6
(5) Schedule 1, sections 13 to 15-- 7
omit, insert-- 8
`13. The removal and disposal of vehicles or property that are abandoned 9
on a busway or railway. 10
`14. The removal of vehicles parked or property left-- 11
(a) on a busway against the chief executive's directions; or 12
(b) on a railway against the railway manager's directions. 13
`15. The recovery of the costs of doing the things mentioned in 14
sections 13 and 14.'. 15
40 Amendment of sch 2 (Reviews and appeals)
Clause 16
Schedule 2-- 17
insert-- 18
`180N(1) Refusal to approve erection of, alteration Planning and
or operation of sign or device Environment
180N(3) and Imposition or inclusion of conditions Planning and
(5) Environment
180QA Refusal of chief executive to approve Magistrates
construction, maintenance, operation or
conduct of ancillary work or
encroachment
180QC(1) Decision to cause ancillary works and District or
encroachments to be altered, relocated, Magistrates
made safe or removed, or to direct that the
conduct of ancillary works and
encroachments be altered or stopped
s 41 52 s 41
Transport Legislation Amendment Bill 2001
180QC(2) Decision of chief executive about cost of District or
alteration, making safe or removing Magistrates
ancillary work and encroachments
180QC(4) Decision to alter, relocate, make safe or Magistrates
remove ancillary works and
encroachments or that activities are to be
altered or to stop
187AE Refusing to give exemption Magistrates
187AI Amendment, suspension or cancellation of Magistrates
approval or exemption
187AK Immediate suspension of approval or Magistrates
exemption
199C Decision of chief executive about cost of District or
repair, replacement or reconstruction of Magistrates'.
damaged works
41 Insertion of new sch 2A
Clause 1
After schedule 2-- 2
insert-- 3
`SCHEDULE 2A 4
`RAILWAY TUNNEL EASEMENTS 5
section 131A 6
Servient land Easement
Lot 325 CP SL 1633 Easements A and B RP 852852
Lot 408 CP SL 7151 Lots C and D CP 852851
Lot 515 CP SL 6565 Easement G RP 852850
Lot 461 CP SL 3741 Lot H CP 852849
Lot 13 CP B32219 Easement K RP 136379
Lot 1 RP 115152 Easement H RP 115158
Lot 5 SP 115364 Easement A SP 118572
s 41 53 s 41
Transport Legislation Amendment Bill 2001
Servient land Easement
Lot 5 SP 115364 Easement B SP 118573
Lot 5 SP 115364 Easement E SP 118574
Lot 5 SP 115364 Easement F SP 118575
Lot 5 SP 115364 Easement G SP 118576
Lot 5 SP 115364 Easement H SP 118577
Lot 5 SP 115364 Easement K SP 134045
Lot 5 SP 115364 Easement L SP 123675
Lot 2 RP 124155 Easement A RP 852844
Lot 2 RP 124155 Easement B RP 893936
Lot 2 RP 118622 Easement in gross no. 602205520
Lot 2 RP 118622 Easement B RP 852845
Lot 1 RP 152576 Easement in gross no. 602205520
Lot 1 RP 152576 Easement C RP 852845
Lot 2 RP 152576 Easement D RP 852845
Lot 2 RP 85223 and Lot 1 RP 105765 Easement B RP 852848
Lot 21 RP 178644 Easement in gross no. 602106739
Lot 21 RP 178644 Easements A, B and C RP 183623
Lot 1 RP 188351 Easement in gross no. 602505742
Lot 1 RP 117227 Easement A RP 880802
Lot 2 RP 117227 Easement A RP 852848
Lot 1 RP 155774 Easement E RP 852846
Lot 1 RP 197728 Easement F RP 852847
Lot 2 RP 10133 Easement in gross no. 601608083
Lot 2 RP 10133 Easement H RP 852847
Lot 3 RP 10133 Easement in gross no. 601401832
Lot 3 RP 10133 Easement K RP 852847
Lot 13 RP 10122 Easement D RP 852846
Lot 2 RP 60443 Easement C RP 852846
Lot 2 RP 197728 Easement G RP 852847
Lot 13 RP 10124 Easement in gross no. 601539792
Lot 13 RP 10124 and Lot 2 RP 10129 Easement J RP 852847
Lot 12 RP 10124 Easement in gross no. 601544351
Lot 1 RP 196222 Easement in gross no. 602129535
s 41 54 s 41
Transport Legislation Amendment Bill 2001
Servient land Easement
Lot 1 RP 196222 Easement in gross no. 602129536
Lot 9 RP 814964 Easement A RP 852846
Lot 0 BUP 4313 (CMS 10872) Easement in gross no. 601201902
Lot 0 BUP 4313 (CMS 10872) Easement B RP 852846
Lots 22 and 23 RP 10122 Easement in gross no. 602279385
Lot 2 RP 888141 Easement in gross no. 601837139
Lot 5 RP 127273 Easement A RP 852853
Lot 0 BUP 9977 (CMS 5362) Easement B RP 852853
Lot 15 SP 126957 Easements C and D RP 852853
Lot 16 SP 120013 Easements C and E RP 852853
Lot 2 RP 9449 Easement F RP 852854
Lot 1 RP 9449 Easement G RP 852854
Lot 10 SP 120689 Lot B RP 852855
Lot 10 SP 120689 Easement H RP 852853
Lot 10 SP 120689 Lot J RP 852854
Lot 10 SP 120689 Easements M and N RP 885880
Lot 10 SP 120689 Easement in gross no. 601481648
Lot 10 SP 120689 Easement in gross no. 601922003
Lot 10 SP 120689 Easement in gross no. 601922004
Lot 10 SP 120689 Easement in gross no. 601993708
Lot 10 SP 120689 Easement in gross no. 602418143
Lot 8 RP 151540 Easement A RP 852855
Lot 1 RP 202674 Easement in gross no. 601481648
Lot 1 RP 202674 Easement E RP 852855
Lot 0 BUP 105422 (CMS 15376) Easements C and D RP 852855
Lot 3 RP 9399 Easement A RP 880804
Lot 103 RP 48101 Easement F RP 852855
Lots 67 to 69 RP 46061 Easement in gross no. 602009566
Lots 67 to 69 RP 46061 Easement in gross no. 602009567
Lot 60 RP 46062 Easement A RP 852856
Lot 59 RP 46062 Easement in gross no. 601842947
Lot 59 RP 46062 Easement B RP 852856
Lot 58 RP 46062 Easement C RP 852856
s 42 55 s 42
Transport Legislation Amendment Bill 2001
Servient land Easement
Lots 55 to 57 RP 46062 Easements A, B, and C RP 880805
Lot 54 RP 47036 Easement D RP 852856
Lots 51 and 52 RP 47036 Easement E RP 852856
Lot 1 RP 126496 Easements A and B RP 126496
Lot 2 RP 11632 Easement in gross no. 602230916
Lot 4 RP 11657 Easement in gross no. 602063425
Lot 5 RP 11657 Easement A RP 46641
Lot 6 RP 11657 Easement in gross no. 602443214
Lot 6 RP 11657 Easement in gross no. 602443215
Lot 7 RP 11657 Easement in gross no. 601262452
Lot 7 RP 11657 Easement in gross no. 702217998
Lot 12 RP 11657 Easement in gross no. 602820194
Lots 21 to 26 RP 11653 Easement in gross no. 602464557
Lots 21, 22, 24 and 26 RP 11653 Easement in gross no. 602464558
Lots 27 and 28 RP 11653 Easement in gross no. 602784029
Lot 28 RP 11653 Easement in gross no. 602563205
Lot 29 RP 11668 Easement in gross no. 602784029
Lot 29 RP 11668 Easement in gross no.
602784030'.
42 Amendment of sch 3 (Dictionary)
Clause 1
(1) Schedule 3, definitions "ancillary works and encroachments", 2
"approval", "competition principles", "future railway land", "means 3
of access", "plant" and "transport infrastructure"-- 4
omit. 5
(2) Schedule 3-- 6
insert-- 7
` "ancillary works and encroachments", for chapters 5 and 7A, means-- 8
(a) the following things-- 9
(i) cane railways; 10
(ii) monorails; 11
(iii) bridges, overhead conveyors or other overhead structures; 12
s 42 56 s 42
Transport Legislation Amendment Bill 2001
(iv) tunnels; 1
(v) rest area facilities; 2
(vi) monuments or statues; 3
(vii) advertising signs or other advertising devices; 4
(viii)traffic and service signs; 5
(ix) bores, wells, pumps, windmills, water pipes, channels, 6
culverts, viaducts, water tanks or dams; 7
(x) pipes; 8
(xi) tanks; 9
(xii) cables; 10
(xiii)road access works; 11
(xiv)paths or bikeways; 12
(xv) grids or other stock facilities; 13
(xvi)buildings, shelters, awnings or mail boxes; 14
(xvii)poles, lighting, gates or fences; 15
(xviii)pumps and bowsers; or 16
(b) any of the following activities-- 17
(i) drilling; 18
(ii) clearing; 19
(iii) trimming; 20
(iv) slashing; 21
(v) landscaping; 22
(vi) planting; 23
(vii) burning off; 24
(viii)removing trees; 25
(ix) road safety related activities; 26
(x) sporting activities; 27
(xi) camping; 28
(xii) conducting a business (for example, a market); 29
s 42 57 s 42
Transport Legislation Amendment Bill 2001
(xiii)moving stock, other than under the Rural Lands Protection 1
Act 1985; 2
(xiv)holding meetings; or 3
(c) other encroachments declared under a regulation to be ancillary 4
works and encroachments; 5
but does not include public utility plant. 6
"approval"-- 7
(a) for chapter 8--see section 181; or 8
(b) for chapter 8AA--means an approval by the chief executive. 9
"class exemption" means an exemption granted to a class of person under 10
section 187AE(2). 11
"class representative", for a class exemption, means the representative of 12
a class of person who applied for the exemption. 13
"convicting" a person includes a court finding the person guilty, or the 14
person pleading guilty, whether or not a conviction is recorded. 15
"dangerous goods" means goods prescribed under a regulation to be 16
dangerous goods 17
"dangerous situation" means a situation involving the transportation of 18
dangerous goods by rail that is causing, or is likely to cause, imminent 19
risk of-- 20
(a) death of, or significant injury to, a person; or 21
(b) significant harm to the environment; or 22
(c) significant damage to property. 23
"exemption", for chapter 8AA, means an exemption under section 187AE. 24
"future railway land" has the meaning given by section 131B. 25
"in" a rail vehicle includes on the vehicle. 26
"rail", for chapter 8AA, includes cableway. 27
"rail vehicle", for chapter 8AA, includes a cableway car. 28
"road access works", for chapters 5 and 7A, means-- 29
(a) a physical means of entry or exit for traffic between land and a 30
road; or 31
s 42 58 s 42
Transport Legislation Amendment Bill 2001
1
Example--
2
A driveway.
(b) road works providing entry or exit for traffic between works 3
mentioned in paragraph (a) and the part of the road formed or 4
prepared for use by general traffic. 5
6
Example--
7
An acceleration or deceleration lane, or a laneway, lane or track, connecting a driveway
8
of a property adjacent to a road to a lane on the road designed to carry through traffic.
"road works", for chapter 5, means-- 9
(a) works done for-- 10
(i) constructing roads or things associated with roads; or 11
(ii) maintaining roads or things associated with roads (other 12
than public utility plant); or 13
(iii) facilitating the operation of road transport infrastructure; or 14
(b) works declared under a regulation to be road works. 15
"State government body", for chapter 5, means-- 16
(a) a department or a division, branch or other part of a department; 17
or 18
(b) a State instrumentality, agency, authority or entity or a division, 19
branch or other part of a State instrumentality, agency, authority 20
or entity; or 21
(c) a GOC; 22
but does not include a local government. 23
"traffic" includes the passing back and forth of persons, vehicles and 24
animals. 25
"transport" dangerous goods includes-- 26
(a) pack, load and unload the goods, and transfer them to or from a 27
rail vehicle, for their transport; and 28
(b) mark packages, and unit loads, containing dangerous goods; and 29
(c) placard containers and rail vehicles in which dangerous goods 30
are transported. 31
"transport infrastructure" includes-- 32
s 43 59 s 45
Transport Legislation Amendment Bill 2001
(a) air, busway, light rail, miscellaneous, public marine, rail or road 1
transport infrastructure; and 2
(b) transport infrastructure relating to ports. 3
"watercourse" includes a lake, spring, stream or swale.'. 4
(3) Schedule 3, definition "land", paragraphs (a)(ii) and (b)(ii), 5
`stream,'-- 6
omit. 7
(4) Schedule 3, definition "port authority", paragraph (d)-- 8
omit. 9
43 Omission of attachment
Clause 10
Attachment for Transport Infrastructure Act 1994 not forming part of 11
any Act-- 12
omit. 13
PART 8--AMENDMENT OF TRANSPORT 14
OPERATIONS (MARINE POLLUTION) ACT 1995 15
44 Act amended in pt 8
Clause 16
This part amends the Transport Operations (Marine Pollution) Act 1995. 17
45 Amendment of s 26 (Discharge of oil into coastal waters
Clause 18
prohibited) 19
Section 26(1)-- 20
omit, insert-- 21
`(1) If oil is discharged from a ship into coastal waters, the following 22
persons each commit an offence-- 23
(a) the ship's owner; 24
(b) the ship's master; 25
s 46 60 s 48
Transport Legislation Amendment Bill 2001
(c) another member of the ship's crew whose act caused or 1
contributed to the discharge, unless the member was complying 2
with an instruction from the master or of someone authorised by 3
the master to give the instruction. 4
Maximum penalty--3 500 penalty units.'. 5
46 Amendment of s 28 (Defences to discharge offence)
Clause 6
Section 28(2), after `master'-- 7
insert-- 8
`or, for a discharge offence against section 26(1), another member of the 9
ship's crew'. 10
47 Amendment of s 30 (Shipboard oil pollution emergency plan)
Clause 11
Section 30(2)-- 12
omit, insert-- 13
`(2) In this section-- 14
"ship" means a ship-- 15
(a) more than 24 m in length overall if the ship is carrying-- 16
(i) oil as cargo; or 17
(ii) a vehicle that is carrying more than 400 L of oil as cargo; or 18
(b) otherwise, more than 35 m in length overall.'. 19
48 Amendment of s 35 (Discharge of noxious liquid substances into
Clause 20
coastal waters prohibited) 21
Section 35(1)-- 22
omit, insert-- 23
`(1) If a noxious liquid substance is discharged from a ship into coastal 24
waters, the following persons each commit an offence-- 25
(a) the ship's owner; 26
(b) the ship's master; 27
s 49 61 s 51
Transport Legislation Amendment Bill 2001
(c) another member of the ship's crew whose act caused or 1
contributed to the discharge, unless the member was complying 2
with an instruction from the master or of someone authorised by 3
the master to give the instruction. 4
Maximum penalty--3 500 penalty units.'. 5
49 Amendment of s 36 (Defences to discharge offence)
Clause 6
Section 36(2), `or master'-- 7
omit, insert-- 8
`, master or other member of the ship's crew'. 9
50 Amendment of s 42 (Jettisoning of harmful substances into
Clause 10
coastal waters prohibited) 11
Section 42(1)-- 12
omit, insert-- 13
`(1) If a harmful substance carried as cargo in packaged form is 14
jettisoned from a ship into coastal waters, the following persons each 15
commit an offence-- 16
(a) the ship's owner; 17
(b) the ship's master; 18
(c) another member of the ship's crew whose act caused or 19
contributed to the jettisoning, unless the member was complying 20
with an instruction from the master or of someone authorised by 21
the master to give the instruction. 22
Maximum penalty--3 500 penalty units.'. 23
51 Amendment of s 47 (Discharge of sewage into coastal waters
Clause 24
prohibited) 25
(1) Section 47(1), (2) and (3), `the ship's owner and master each commit' 26
omit, insert-- 27
`each culpable person commits'. 28
(2) Section 47-- 29
s 52 62 s 54
Transport Legislation Amendment Bill 2001
insert-- 1
`(5) In this section-- 2
"culpable person", for a discharge of sewage from a ship, means-- 3
(a) the ship's owner; or 4
(b) the ship's master; or 5
(c) another member of the ship's crew whose act caused or 6
contributed to the discharge, unless the member was complying 7
with an instruction from the master or of someone authorised by 8
the master to give the instruction.'. 9
52 Amendment of s 50 (Ships to have holding tanks)
Clause 10
Section 50(3), `An' to `subsection (2)'-- 11
omit, insert-- 12
`A ship may be exempted from subsection (1) or (2)'. 13
53 Amendment of s 55 (Disposal of garbage into coastal waters
Clause 14
prohibited) 15
Section 55(1)-- 16
omit, insert-- 17
`(1) If garbage is disposed of from a ship into coastal waters, the 18
following persons each commit an offence-- 19
(a) the ship's owner; 20
(b) the ship's master; 21
(c) another member of the ship's crew whose act caused or 22
contributed to the disposal, unless the member was complying 23
with an instruction from the master or of someone authorised by 24
the master to give the instruction. 25
Maximum penalty--3 500 penalty units.'. 26
54 Amendment of s 58 (Responsibility for pollution from transfer
Clause 27
operations and other matters) 28
Section 58(a), `and master are'-- 29
s 55 63 s 58
Transport Legislation Amendment Bill 2001
omit, insert-- 1
`, master or other crew member is'. 2
55 Amendment of s 61 (Discharge of pollutant into coastal waters
Clause 3
prohibited) 4
Section 61(1)-- 5
omit, insert-- 6
`(1) If a pollutant is discharged into coastal water during a transfer 7
operation, the following persons each commit an offence-- 8
(a) the ship's owner; 9
(b) the ship's master; 10
(c) another member of the ship's crew whose act caused the 11
discharge, unless the member was complying with an instruction 12
from the master or of someone authorised by the master to give 13
the instruction. 14
Maximum penalty--3 500 penalty units.'. 15
56 Amendment of s 67 (Duty to report certain incidents)
Clause 16
Section 67(5)-- 17
omit, insert-- 18
`(5) The report must include the particulars, and be given to an 19
authorised officer within the time, prescribed under a regulation.'. 20
57 Amendment of s 89 (Power to require production of documents)
Clause 21
Section 89(1)(a), after `Act'-- 22
insert-- 23
`or the Transport Operations (Marine Safety) Act 1994'. 24
58 Amendment of pt 13 heading (Security)
Clause 25
Part 13, heading-- 26
s 59 64 s 62
Transport Legislation Amendment Bill 2001
omit, insert-- 1
`Discharge expenses'. 2
59 Amendment of s 111 (Definitions for part)
Clause 3
Section 111, definition "discharge expenses", paragraph (a)-- 4
insert-- 5
`(iia)taking action to prevent or minimise the effects of a likely 6
discharge of pollutant if-- 7
(A) the State or port authority reasonably believes the 8
discharge is likely to happen and takes action to 9
prevent or minimise its effects; and 10
(B) the likely discharge does not happen; and'. 11
60 Omission of s 112 (Application of part)
Clause 12
Section 112-- 13
omit. 14
61 Amendment of s 113 (Detained ship must be released on giving
Clause 15
security) 16
(1) Section 113(1)-- 17
omit, insert-- 18
`(1) The chief executive must release a ship detained under this Act if a 19
security is given under this section.'. 20
(2) Section 113(5), `or guarantee'-- 21
omit. 22
62 Amendment of s 114 (Other ways detained ship may be released)
Clause 23
Section 114, `detained ship'-- 24
omit, insert-- 25
`ship detained under this Act'. 26
s 63 65 s 66
Transport Legislation Amendment Bill 2001
63 Amendment of s 115 (Claims on security)
Clause 1
(1) Section 115, heading-- 2
omit, insert-- 3
`115 Recovery of discharge expenses'. 4
(2) Section 115(1), `the detained ship'-- 5
omit, insert-- 6
`a discharge or likely discharge of pollutant from a ship into coastal 7
waters'. 8
64 Amendment of s 122 (Recovery of discharge expenses)
Clause 9
Section 122, heading-- 10
omit, insert-- 11
`122 How discharge expenses may be recovered'. 12
65 Amendment of s 127 (Court may make orders about
Clause 13
compensation and other matters) 14
Section 127(1), `on indictment for a'-- 15
omit, insert-- 16
`for an'. 17
66 Amendment of sch (Dictionary)
Clause 18
Schedule-- 19
insert-- 20
` "act" includes an omission.'. 21
s 67 66 s 71
Transport Legislation Amendment Bill 2001
PART 9--AMENDMENT OF TRANSPORT 1
OPERATIONS (MARINE SAFETY) ACT 1994 2
67 Act amended in pt 9
Clause 3
This part amends the Transport Operations (Marine Safety) Act 1994. 4
68 Amendment of s 4 (Definitions)
Clause 5
Section 4-- 6
insert-- 7
` "compulsory pilotage area" means a pilotage area, or part of a pilotage 8
area, declared under a regulation to be a compulsory pilotage area.'. 9
69 Amendment of s 12 (Relationship with Commonwealth
Clause 10
Navigation Act generally) 11
Section 12(2), example-- 12
omit. 13
70 Amendment of s 35 (How is safety in Queensland waters achieved)
Clause 14
(1) Section 35-- 15
insert-- 16
`(2A) The Act also allows a pilotage area, or part of a pilotage area, to be 17
declared as a compulsory pilotage area.'. 18
(2) Section 35(3), after `within a'-- 19
insert-- 20
`compulsory'. 21
71 Amendment of s 71 (Declaration and closing of pilotage areas)
Clause 22
(1) Section 71, heading-- 23
omit, insert-- 24
s 72 67 s 74
Transport Legislation Amendment Bill 2001
`71 Pilotage areas and compulsory pilotage areas'. 1
(2) Section 71(a)-- 2
omit, insert-- 3
`(a) declare-- 4
(i) an area of Queensland waters to be a pilotage area; or 5
(ii) a pilotage area, or part of a pilotage area, to be a compulsory 6
pilotage area; or'. 7
72 Amendment of s 99 (Pilots required for ship navigation in pilotage
Clause 8
areas) 9
(1) Section 99, heading-- 10
omit, insert-- 11
`99 Pilots required for ship navigation in compulsory pilotage area'. 12
(2) Section 99(1), after `ship in a'-- 13
insert-- 14
`compulsory'. 15
73 Amendment of s 101 (Immunity for pilots and general employers)
Clause 16
Section 101(5), definition "general employer", after `services in a'-- 17
insert-- 18
`compulsory'. 19
74 Insertion of new s 172A
Clause 20
Part 13, division 3-- 21
insert-- 22
`172A Other directions 23
`(1) This section applies if a shipping inspector finds-- 24
(a) a person operating a ship that-- 25
(i) is not registered; or 26
s 74 68 s 74
Transport Legislation Amendment Bill 2001
(ii) is registered, but is operating in waters beyond the waters in 1
which the ship is authorised to operate under its registration; 2
or 3
(b) a person operating a ship as its master, or acting as a crew 4
member of the ship, and the person is not appropriately licensed. 5
`(2) If subsection (1)(a)(i) or (b) applies, the inspector may, by written 6
notice, require the master of the ship-- 7
(a) to take the ship to a reasonable anchorage, berth or mooring 8
stated in the notice ("stated destination") within the reasonable 9
time stated in the notice; and 10
(b) to not operate the ship for any purpose other than taking it to the 11
stated destination. 12
`(3) If subsection (1)(a)(ii) applies, the inspector may, by written notice, 13
require the master of the ship-- 14
(a) to take the ship to waters in which it is authorised to operate 15
under its registration ("operating waters") within the reasonable 16
time stated in the notice; and 17
(b) to not operate the ship for any purpose other than taking it to the 18
operating waters. 19
`(4) The master must comply with a requirement under subsection (2) or 20
(3), unless the master has a reasonable excuse. 21
Maximum penalty--200 penalty units. 22
`(5) If a master takes a ship to a stated destination as required under 23
subsection (2)-- 24
(a) the master does not contravene section 57; or 25
(b) the master or crew member does not contravene section 61(1) or 26
(2); 27
while operating the ship to take it to the destination. 28
`(6) If a master takes a ship to its operating waters as required under 29
subsection (3), the master does not contravene section 57 while operating 30
the ship to take it to the waters. 31
`(7) If a master complies with a requirement under subsecton (2) or (3), 32
the requirement ceases to have effect when the ship reaches the stated 33
destination or operating waters. 34
s 75 69 s 75
Transport Legislation Amendment Bill 2001
`(8) A notice under subsection (2) or (3) must include a brief statement 1
of the grounds for giving the notice.'. 2
75 Insertion of new pt 13, div 4A
Clause 3
Part 13-- 4
insert-- 5
`Division 4A--Removing abandoned property 6
`175A Removing abandoned property 7
`(1) This section applies if a shipping inspector reasonably believes that 8
property the inspector finds in Queensland waters is abandoned property. 9
`(2) The inspector may seize the property and remove it to a place the 10
inspector decides is appropriate. 11
`(3) Before seizing and removing the property, the inspector must-- 12
(a) if practicable, attach to the property an intention to seize and 13
remove notice in the approved form ("seizure notice"); and 14
(b) publish the seizure notice in a newspaper circulating in the 15
locality where the property is. 16
`(4) A seizure notice must include the following particulars-- 17
(a) the date the notice is given; 18
(b) a description of the property; 19
(c) where and when the property was found; 20
(d) a time, not less than 28 days after the date of the notice, after 21
which, if no one claims the property, the inspector may seize and 22
remove it to the place stated in the notice; 23
(e) a statement to the effect of subsection (5). 24
`(5) If no one claims the property within the stated time and the inspector 25
seizes and removes it, the inspector may, having regard to the value and 26
condition of the property-- 27
(a) sell the property by public auction; or 28
(b) destroy it. 29
s 76 70 s 77
Transport Legislation Amendment Bill 2001
`(6) The proceeds from a sale of the property must be applied as 1
follows-- 2
(a) firstly, in payment of the expenses of the sale; 3
(b) secondly, in payment of the costs of seizing, removing and 4
storing the property and the seizure notice; 5
(c) thirdly, in payment of the balance to the owner of the property, or 6
if the owner can not be found, to the consolidated fund. 7
`(7) In this section-- 8
"property" does not include land, or an interest in land.'. 9
76 Amendment of s 199 (Limitation on time for starting summary
Clause 10
proceedings) 11
(1) Section 199, `1 year'-- 12
omit, insert-- 13
`2 years'. 14
(2) Section 199(b), `2 years'-- 15
omit, insert-- 16
`3 years'. 17
77 Amendment of s 201 (Evidentiary provisions)
Clause 18
Section 201-- 19
insert-- 20
`(5) A certificate purporting to be signed by the chief executive or a 21
shipping inspector certifying that a laser speed detection device ("device") 22
has been-- 23
(a) tested at a specified time-- 24
(i) in accordance with the appropriate Australian Standard that 25
was in force at the time; or 26
(ii) if there was no appropriate standard--in accordance with 27
the manufacturer's specifications; and 28
(b) found to produce accurate results at the specified time; 29
s 78 71 s 79
Transport Legislation Amendment Bill 2001
is evidence of the matters stated and evidence that the device was 1
producing accurate results at the time of testing and for 1 year after the 2
time. 3
`(6) A certificate purporting to be signed by a shipping inspector stating 4
that a specified device was used by the inspector-- 5
(a) at a specified time; and 6
(b) in accordance with-- 7
(i) the appropriate Australian Standard that was in force at the 8
time; or 9
(ii) if there was no appropriate standard--the manufacturer's 10
specifications; 11
is evidence of the matters stated. 12
`(7) If a defendant intends to challenge-- 13
(a) the accuracy of a device; or 14
(b) the time at which, or the way in which, the device was used; 15
at the hearing of a charge against the defendant under an Act mentioned in 16
subsection (1), the defendant must give written notice of the challenge to 17
the prosecution ("challenge notice"). 18
`(8) The challenge notice must be-- 19
(a) signed by the defendant; and 20
(b) given at least 14 days before the day fixed for the hearing.'. 21
78 Insertion of new s 206B
Clause 22
Part 17-- 23
insert-- 24
`206B Approval of forms 25
`The chief executive may approve forms for use under this Act.'. 26
79 Amendment of s 215 (Pilotage fees and conservancy dues)
Clause 27
Section 215(1)(a), after `pilot in a'-- 28
s 80 72 s 82
Transport Legislation Amendment Bill 2001
insert-- 1
`compulsory'. 2
80 Amendment of s 224 (Existing approvals, consents, licences,
Clause 3
permits etc.) 4
Section 224(6)(b)-- 5
omit. 6
PART 10--AMENDMENT OF TRANSPORT 7
OPERATIONS (PASSENGER TRANSPORT) ACT 1994 8
81 Act amended in pt 10
Clause 9
This part amends the Transport Operations (Passenger Transport) 10
Act 1994. 11
82 Insertion of new ss 126A126G and pts 3A and 3B
Clause 12
Chapter 11, part 3, after section 126-- 13
insert-- 14
`126A Securing seized things 15
`Having seized a thing, an authorised person may-- 16
(a) move the thing from the place where it was seized (the "place of 17
seizure"); or 18
(b) leave the thing at the place of seizure but take reasonable action 19
to restrict access to it. 20
21
Examples of restricting access to a thing--
22
1. Sealing a thing and marking it to show access to it is restricted.
23
2. Sealing the entrance to a room where the seized thing is situated and
24
marking the entrance to show access to the room is restricted.
s 82 73 s 82
Transport Legislation Amendment Bill 2001
`126B Tampering with seized things 1
`If an authorised person restricts access to a seized thing, a person must 2
not tamper with the thing, or something restricting access to the thing, 3
unless the person has a reasonable excuse. 4
Maximum penalty--60 penalty units. 5
`126C Powers supporting seizure 6
`(1) To enable a thing to be seized, an authorised person may require the 7
person in control of it-- 8
(a) to take it to a stated reasonable place by a stated reasonable time; 9
and 10
(b) if necessary, to remain in control of it at the stated place for a 11
reasonable time. 12
`(2) The requirement must be made by notice in the approved form. 13
`(3) However, if for any reason it is not practicable to give the notice, the 14
requirement may be made orally and confirmed by notice in the approved 15
form as soon as practicable. 16
`(4) A further requirement may be made under this section about the 17
same thing if it is necessary and reasonable to make the further 18
requirement. 19
`(5) A person of whom a requirement is made under subsection (1) or (3) 20
must comply with the requirement, unless the person has a reasonable 21
excuse. 22
Maximum penalty for subsection (5)--60 penalty units. 23
`126D Forfeiture of seized things 24
`(1) A seized thing is forfeited to the State if the authorised person who 25
seized the thing-- 26
(a) can not find its owner, after making reasonable inquiries; or 27
(b) can not return it to its owner, after making reasonable efforts; or 28
s 82 74 s 82
Transport Legislation Amendment Bill 2001
(c) reasonably believes it is necessary to keep the thing to prevent it 1
being used to commit an offence against the Transport 2
Infrastructure Act 1994, chapter 8AA.5 3
`(2) In applying subsection (1)-- 4
(a) subsection (1)(a) does not require the authorised person to make 5
inquiries if it would be unreasonable to make inquiries to find the 6
owner; and 7
(b) subsection (1)(b) does not require the authorised person to make 8
efforts if it would be unreasonable to make efforts to return the 9
thing to its owner. 10
`(3) If the authorised person decides it is necessary to keep something 11
under subsection (1)(c), the authorised person must immediately give the 12
owner a statement of the reasons for the decision and an information 13
notice. 14
`(4) Subsection (3) does not apply if the authorised person can not find 15
the owner, after making reasonable inquiries. 16
`(5) Regard must be had to the thing's nature, condition and value in 17
deciding-- 18
(a) whether it would be unreasonable to make inquiries or efforts 19
under this section; and 20
(b) if making inquiries or efforts, what inquiries or efforts, including 21
the period over which they are made, are reasonable. 22
`126E Dealing with forfeited things etc. 23
`(1) On the forfeiture of a thing to the State, the thing becomes the 24
State's property and may be dealt with by the chief executive as the chief 25
executive considers appropriate. 26
`(2) Without limiting subsection (1), the chief executive may destroy or 27
dispose of the thing. 28
`(3) The chief executive must not deal with the thing until any review of, 29
or appeal against, the decision to forfeit the thing is decided. 30
5 Transport Infrastructure Act 1994, chapter 8AA (Transporting dangerous goods by
rail)
s 82 75 s 82
Transport Legislation Amendment Bill 2001
`126F Return of seized things 1
`(1) If a seized thing has not been forfeited, the authorised person must 2
return it to its owner-- 3
(a) at the end of 6 months after the thing is seized; or 4
(b) if a proceeding for an offence involving the thing is started within 5
6 months after the thing is seized, at the end of the proceeding 6
and any appeal from the proceeding. 7
`(2) Despite subsection (1), unless the thing has been forfeited, the 8
authorised person must immediately return a thing seized as evidence to its 9
owner if the authorised person stops being satisfied its continued retention 10
as evidence is necessary. 11
`126G Access to seized things 12
`(1) Until a seized thing is forfeited or returned, an authorised person 13
must allow its owner to inspect it and, if it is a document, to copy it. 14
`(2) Subsection (1) does not apply if it is impracticable or would be 15
unreasonable to allow the inspection or copying. 16
`PART 3A--POWERS OF AUTHORISED PERSONS FOR 17
RAIL VEHICLES 18
`126H Power to hold or stop and hold rail vehicle 19
`(1) This section applies if an authorised person reasonably believes 20
that-- 21
(a) dangerous goods are on a rail vehicle and a provision of the 22
Transport Infrastructure Act 1994, chapter 8AA is being 23
contravened in relation to their transportation; and 24
(b) the interests of safety require the authorised person to stop or 25
hold the vehicle. 26
`(2) The authorised person may require the railway operator for the 27
vehicle to hold, or stop and hold, the vehicle at a stated safe place. 28
s 82 76 s 82
Transport Legislation Amendment Bill 2001
`(3) Before making the requirement, the authorised person must tell the 1
railway operator the grounds for the belief. 2
`(4) For subsection (2), a place is a "safe place" if-- 3
(a) the train controller tells the authorised person that it is safe, so far 4
as other rail traffic is concerned, to stop or hold the vehicle at the 5
place; and 6
(b) the presence of the vehicle at the place is unlikely to endanger 7
human life or property. 8
`(5) The railway operator must comply with a requirement under 9
subsection (2), unless the railway operator has a reasonable excuse. 10
Maximum penalty--120 penalty units. 11
`(6) The train controller must give any advice asked for by the authorised 12
person about whether it is safe, so far as other rail traffic is concerned, to 13
stop or hold the vehicle at a place. 14
Maximum penalty--40 penalty unit. 15
`(7) This section does not limit any other power under this part or 16
part 3B.6 17
`(8) In this section-- 18
"train controller", in relation to a rail vehicle, means an individual who is 19
in control of train control signalling and communication for the 20
section of track on which the rail vehicle is travelling or standing. 21
`126I Power to require rail vehicle inspection 22
`(1) If an authorised person reasonably believes a rail vehicle that has 23
been, or is being used, to transport dangerous goods may not comply with 24
the Transport Infrastructure Act 1994, chapter 8AA, the authorised person 25
may require its owner to have it inspected at a stated reasonable time and 26
place. 27
`(2) The requirement must be made by notice in the approved form. 28
6 Part 3B (Powers of authorised persons for dangerous situations involving rail
vehicles)
s 82 77 s 82
Transport Legislation Amendment Bill 2001
`(3) The owner must comply with the requirement, unless the owner has 1
a reasonable excuse. 2
Maximum penalty for subsection (3)--60 penalty units. 3
`126J Power to prohibit use of rail vehicle 4
`(1) This section applies if an authorised person reasonably believes a 5
rail vehicle that has been used, or is being used, to transport dangerous 6
goods does not comply with the Transport Infrastructure Act 1994, 7
chapter 8AA. 8
`(2) The authorised person may, by notice in the approved form, require 9
the owner of the vehicle not to use the vehicle, or permit it to be used, 10
until-- 11
(a) it, its equipment and any load on it are inspected at a stated 12
reasonable place and are found to comply with the chapter; or 13
(b) stated reasonable action is taken in relation to the rail vehicle to 14
ensure it complies with the chapter. 15
16
Examples of action that may be reasonable under paragraph (b)--
17
1. Adjusting or moving a vehicle's load.
18
2. Rearranging the order of rail vehicles.
19
3. Carrying out stated repairs to a vehicle and then having the vehicle
20
inspected at a stated reasonable place and found to comply with the
21
chapter.
`(3) The owner must comply with the notice, unless the owner has a 22
reasonable excuse. 23
Maximum penalty for subsection (3)--120 penalty units. 24
`126K Power to give remedial action notices 25
`(1) This section applies if an authorised person reasonably believes a 26
person-- 27
(a) has contravened a provision of the Transport Infrastructure Act 28
1994, chapter 8AA in circumstances that indicate that it is likely 29
the contravention will be repeated; or 30
(b) is contravening a provision of the chapter. 31
s 82 78 s 82
Transport Legislation Amendment Bill 2001
`(2) The authorised person may give the person a written notice (a 1
"remedial action notice") requiring the person to remedy the cause of the 2
contravention. 3
`(3) The notice must state the following-- 4
(a) the provision the authorised person believes the person has 5
contravened or is contravening; 6
(b) the reasons for the belief; 7
(c) that the person must remedy the cause of the contravention 8
within a stated reasonable time; 9
(d) if the notice is attached to a rail vehicle--a warning that it is an 10
offence for a person to remove the notice from the vehicle until 11
the notice is complied with, but that the person to whom the 12
notice is given may remove the notice to immediately read it and 13
reattach it to the vehicle. 14
`(4) The notice may also state the steps the authorised person reasonably 15
believes are necessary to remedy the cause of the contravention. 16
`(5) If the notice relates to a rail vehicle, the notice may be given by 17
securely attaching it to the vehicle in a conspicuous place. 18
`(6) The person must comply with the notice, unless the person has a 19
reasonable excuse. 20
Maximum penalty--the maximum penalty for the contravention of the 21
provision mentioned in the notice as the provision the authorised person 22
believes the person has contravened or is contravening. 23
`(7) The person does not commit an offence against subsection (6) if the 24
person is not proved to have contravened the provision mentioned in the 25
notice as the provision the authorised person believes the person has 26
contravened or is contravening. 27
`(8) A person must not remove a remedial action notice from a rail 28
vehicle before the notice is complied with. 29
Maximum penalty--135 penalty units. 30
`(9) However, the person to whom the notice is given does not 31
contravene subsection (8) if the person removes the notice from the vehicle 32
and immediately reads it and reattaches it to the vehicle. 33
s 82 79 s 82
Transport Legislation Amendment Bill 2001
`PART 3B--POWERS OF AUTHORISED PERSONS FOR 1
DANGEROUS SITUATIONS INVOLVING RAIL 2
VEHICLES 3
`126L Application of part 4
`(1) This part applies only if an authorised person reasonably believes a 5
dangerous situation exists. 6
`(2) A "dangerous situation" is a situation involving the transportation 7
of dangerous goods by rail that is causing, or is likely to cause, imminent 8
risk of-- 9
(a) death of, or significant injury to, a person; or 10
(b) significant harm to the environment; or 11
(c) significant damage to property. 12
`126M Additional power to require information or produce document 13
`(1) This section applies if an authorised person reasonably believes a 14
person may be able to give information or produce a document that will 15
help deal with a dangerous situation. 16
`(2) The authorised person may require the person to give the 17
information or produce the document. 18
`(3) The person must give the information or produce the document, 19
unless the person has a reasonable excuse. 20
Maximum penalty-- 21
(a) if the contravention results in the death of, or grievous bodily 22
harm to, a person--270 penalty units; or 23
(b) otherwise--135 penalty units. 24
`(4) The fact that giving the information or providing the document 25
might tend to incriminate the person is not a reasonable excuse for 26
subsection (3). 27
`(5) However, evidence of, or directly or indirectly derived from, the 28
information or the production of the document that might tend to 29
incriminate the person is not admissible in evidence against the person in a 30
proceeding, other than a proceeding for-- 31
s 82 80 s 82
Transport Legislation Amendment Bill 2001
(a) an offence against section 130 or 131;7 or 1
(b) another offence about the falsity of the information or document. 2
`126N Power to give directions to deal with dangerous situation 3
`(1) This section applies if an authorised person reasonably believes a 4
person involved in the transportation of dangerous goods is in a position to 5
take steps to deal with a dangerous situation involving the goods. 6
`(2) The authorised person may give the person a written notice (a 7
"dangerous situation notice") requiring the person to take reasonable 8
steps to deal with the dangerous situation. 9
`(3) The notice must state the following-- 10
(a) what it is that the authorised person believes is causing the 11
dangerous situation; 12
(b) the grounds for the belief; 13
(c) the reasonable steps the person must take to deal with the 14
dangerous situation; 15
(d) that the person must take the steps within a stated reasonable 16
time; 17
(e) if the notice is attached to a rail vehicle--a warning that it is an 18
offence for a person to remove the notice from the vehicle until 19
the notice is complied with, but that the person to whom the 20
notice is given may remove the notice to immediately read it and 21
reattach it to the vehicle. 22
`(4) If the notice relates to a rail vehicle, the notice may be given by 23
securely attaching it to the vehicle in a conspicuous place. 24
`(5) The person must comply with the notice, unless the person has a 25
reasonable excuse. 26
Maximum penalty-- 27
(a) if the contravention results in the death of, or grievous bodily 28
harm to, a person--270 penalty units; or 29
(b) otherwise--135 penalty units. 30
7 Section 130 (False or misleading information) or 131 (False, misleading or
incomplete documents)
s 83 81 s 83
Transport Legislation Amendment Bill 2001
`(6) A person must not remove a dangerous situation notice from a rail 1
vehicle before the notice is complied with. 2
Maximum penalty--135 penalty units. 3
`(7) However, the person to whom the notice is given does not 4
contravene subsection (6) if the person removes the notice from the vehicle 5
and immediately reads it and reattaches it to the vehicle. 6
`126O Power to take direct action to deal with dangerous situation 7
`(1) This section applies if an authorised person reasonably believes-- 8
(a) a person given a remedial action notice or dangerous situation 9
notice has not complied with the notice; or 10
(b) having regard to the nature of the dangerous situation, action 11
under a remedial action notice or dangerous situation notice is 12
inappropriate to deal with the dangerous situation. 13
`(2) The authorised person may take the action the authorised person 14
reasonably believes is necessary to deal with the dangerous situation. 15
`(3) The action the authorised person may take includes asking someone 16
the authorised person reasonably believes has appropriate knowledge and 17
experience to help the authorised person deal with the dangerous situation. 18
`(4) If the person agrees to help, the person is taken to have the powers of 19
an authorised person to the extent reasonably necessary for the person to 20
help deal with the dangerous situation. 21
`(5) A rail vehicle can not be stopped or held under this section.'. 22
83 Amendment of s 127 (Power to require name and address)
Clause 23
Section 127(1)(a), after `Act'-- 24
insert-- 25
`or the Transport Infrastructure Act 1994, chapter 8AA '. 8
26
8 Transport Infrastructure Act 1994, chapter 8AA (Transporting dangerous goods by
rail)
s 84 82 s 85
Transport Legislation Amendment Bill 2001
84 Amendment of s 129 (Power to require production of certain
Clause 1
documents) 2
Section 129(2) to (4)-- 3
omit, insert-- 4
`(2) An authorised person may require a person to produce for inspection 5
a document issued, or required to be kept, under the Transport 6
Infrastructure Act 1994, chapter 8AA9 or a law of another State or the 7
Commonwealth about transporting dangerous goods by rail. 8
`(3) The person must comply with the requirement under subsection (1) 9
or (2), unless the person has a reasonable excuse. 10
Maximum penalty--60 penalty units. 11
`(4) The authorised person may keep the document to copy it. 12
`(5) If the authorised person copies it, the authorised person may ask the 13
person responsible for keeping the document to certify the copy as a true 14
copy of the document. 15
`(6) The authorised person must return the document to the person as 16
soon as practicable after copying it.'. 17
85 Amendment of s 137 (Power to require name and address etc.)
Clause 18
(1) Section 137(1)(a)-- 19
omit, insert-- 20
`(a) finds the person committing an offence (a "relevant offence") 21
against railway legislation; or'. 22
(2) Section 137(2), from `this Act' to `chapter 6'-- 23
omit, insert-- 24
`railway legislation'. 25
(3) Section 137-- 26
insert-- 27
`(7) In this section-- 28
"railway legislation" means-- 29
9 Transport Infrastructure Act 1994, chapter 8AA (Transporting dangerous goods by
rail)
s 86 83 s 87
Transport Legislation Amendment Bill 2001
(a) a provision of this Act relating to a railway; or 1
(b) the Transport Infrastructure Act 1994, chapter 6; or 2
(c) a regulation in relation to a railway made under the Transport 3
Infrastructure Act 1994 other than under chapter 8AA of that 4
Act.'. 5
86 Amendment of s 143AE (Vehicle and equipment not to be
Clause 6
interfered with) 7
Section 143AE(2), definition "interfere with", after `improperly 8
interfere'-- 9
insert-- 10
`with'. 11
87 Insertion of new s 153A
Clause 12
After section 153-- 13
insert-- 14
`153A Evidentiary aids--belief of authorised person 15
`(1) If, in a prosecution for a contravention of chapter 11 or the
10
16
Transport Infrastructure Act 1994, chapter 8AA11-- 17
(a) an authorised person gives evidence that the authorised person 18
believed any of the following matters-- 19
(i) that dangerous goods, stated in shipping documents carried 20
in a rail vehicle, were being carried in the vehicle; 21
(ii) that particular goods were dangerous goods or dangerous 22
goods of a particular type; 23
(iii) that goods were the particular dangerous goods as indicated 24
by markings on the goods; 25
(iv) that a container contained the particular dangerous goods as 26
indicated by markings on the container; 27
10 Chapter 11 (Enforcement)
11 Transport Infrastructure Act 1994, chapter 8AA (Transporting dangerous goods by
rail)
s 88 84 s 88
Transport Legislation Amendment Bill 2001
(v) that a rail vehicle was being used to transport the particular 1
dangerous goods as indicated by markings on the vehicle; 2
(vi) that goods, a container or its contents had the particular 3
attribute that was indicated by the markings on the goods, 4
container or contents; 5
(vii) that a rail vehicle was loaded with, or a container contained, 6
the quantity of dangerous goods as indicated by markings 7
on the vehicle or container; and 8
(b) the court considers the belief to be reasonable given the 9
authorised person's experience or qualifications; and 10
(c) there is no evidence to the contrary; 11
the court must accept the matter as proved. 12
`(2) In this section-- 13
"attribute" means-- 14
(a) capacity; or 15
(b) character; or 16
(c) date of manufacture; or 17
(d) origin; or 18
(e) ownership; or 19
(f) specification; or 20
(g) tare. 21
"markings" include labels and placards. 22
"on" includes attached to.'. 23
88 Amendment of sch 2 (Reviewable decisions)
Clause 24
(1) Schedule 2-- 25
insert-- 26
`126D Forfeiture of seized things Magistrates'.
(2) Schedule 2, `a District Court'-- 27
omit, insert-- 28
`the District Court'. 29
s 89 85 s 89
Transport Legislation Amendment Bill 2001
89 Amendment of sch 3 (Dictionary)
Clause 1
(1) Schedule 3, definition "railway"-- 2
omit. 3
(2) Schedule 3-- 4
insert-- 5
` "dangerous goods" means goods prescribed under the Transport 6
Infrastructure Act 1994, chapter 8AA,12 to be dangerous goods. 7
"dangerous situation" see section 126L. 8
"dangerous situation notice" see section 126N. 9
"in" a rail vehicle includes on the vehicle. 10
"information notice", for a decision of the chief executive, means a notice 11
stating that a person affected by the decision may-- 12
(a) under section 10213--ask for the decision to be reviewed and 13
appeal against the reviewed decision; and 14
(b) under the Transport Planning and Coordination Act 1994, 15
part 514--ask for the decision or the reviewed decision to be 16
stayed. 17
"rail", for chapter 11 in relation to the transportation of dangerous goods 18
by rail, includes cableway. 19
"rail vehicle", for chapter 11 in relation to the transportation of dangerous 20
goods by rail, includes a cableway car. 21
"railway", for chapter 11-- 22
(a) includes a carpark or bus station under a railway manager's 23
control; and 24
(b) in relation to the transportation of dangerous goods by rail, 25
includes a cableway. 26
"remedial action notice" see section 126K. 27
12 Transport Infrastructure Act 1994, chapter 8AA (Transporting dangerous goods by
rail)
13 Section 102 (Review of and appeals against decisions)
14 Transport Planning and Coordination Act 1994, part 5 (Review of and appeals
against decisions)
s 90 86 s 91
Transport Legislation Amendment Bill 2001
"tare" means the weight of a vehicle equipped for travelling on a railway, 1
but not including any load. 2
"transport" dangerous goods includes-- 3
(a) pack, load and unload the goods, and transfer them to or from a 4
rail vehicle, for their transport; and 5
(b) mark packages, and unit loads, containing dangerous goods; and 6
(c) placard containers and rail vehicles in which dangerous goods 7
are transported.'. 8
(3) Schedule 3, definition "holder", paragraph (b), `section 48(a)'-- 9
omit, insert-- 10
`section 48(1)(a) or (b)'. 11
(4) Schedule 3, definition "operator", after `taxi service'-- 12
insert-- 13
`and the lessor of a limousine service licence or taxi service licence'. 14
PART 11--AMENDMENT OF TRANSPORT 15
OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 16
90 Act amended in pt 11
Clause 17
This part amends the Transport Operations (Road Use Management) 18
Act 1995. 19
91 Amendment of s 17B (Granting, renewing or refusing approval)
Clause 20
(1) Section 17B(2), after `under a regulation'-- 21
insert-- 22
`, other than a permit under section 111,15'. 23
(2) Section 17B(3)-- 24
15 Section 111 (Parking permits for people with disabilities)
s 92 87 s 92
Transport Legislation Amendment Bill 2001
renumber as section 17B(5). 1
(3) Section 17B-- 2
insert-- 3
`(3) If a regulation made under subsection (1) authorises the chief 4
executive to grant or renew an approval, the chief executive may ask the 5
commissioner for a written report about the criminal history of the 6
applicant for, or holder of, the approval. 7
`(4) If requested, the commissioner must give the chief executive a 8
written report about the criminal history of the applicant or holder-- 9
(a) that is in the commissioner's possession; or 10
(b) to which the commissioner ordinarily has access through 11
arrangements with the police service of the Commonwealth or 12
another State.'. 13
(4) Section 17B(5), as renumbered-- 14
insert-- 15
` "criminal history" of a person-- 16
(a) means the person's criminal history as defined under the 17
Criminal Law (Rehabilitation of Offenders) Act 1986, other than 18
a conviction for which the rehabilitation period has expired but 19
the conviction has not been revived as prescribed by section 11 of 20
that Act; and 21
(b) despite the Criminal Law (Rehabilitation of Offenders) Act 1986, 22
includes a charge made against the person for an offence, 23
whether made in Queensland or elsewhere, other than a charge 24
the proceedings for which have ended without the person being 25
convicted.'. 26
92 Amendment of s 18 (Grounds for amending, suspending or
Clause 27
cancelling approvals) 28
Section 18-- 29
insert-- 30
s 93 88 s 94
Transport Legislation Amendment Bill 2001
`(f) for a permit under section 111(1)(a)16--the holder's ability to 1
walk is no longer impaired.'. 2
93 Amendment of s 32 (Power to stop heavy vehicles)
Clause 3
(1) Section 32(3)-- 4
renumber as section 32(4). 5
(2) Section 32-- 6
insert-- 7
`(3) Without limiting subsection (2), the requirement may require the 8
person to move the vehicle in preparation for stopping it. 9
10
Examples--
11
1. A requirement to change lanes.
12
2. A requirement to exit a motorway at a particular exit.
13
3. A requirement to enter a heavy vehicle inspection site.'.
94 Amendment of s 60 (Evidentiary aids)
Clause 14
(1) Section 60(1)-- 15
omit, insert-- 16
`(1) In this section-- 17
"certificate" means a certificate purporting to be signed by-- 18
(a) for a certificate containing information under a corresponding 19
law to a transport Act--the chief executive administering the 20
corresponding law; or 21
(b) otherwise--the chief executive or commissioner.'. 22
(2) Section 60(2)(d)-- 23
omit, insert-- 24
`(d) that specified information was or was not in-- 25
(i) the register of vehicles; or 26
16 Section 111 (Parking permits for people with disabilities)
s 95 89 s 96
Transport Legislation Amendment Bill 2001
(ii) a register of vehicles established under a corresponding law 1
to a transport Act;'. 2
(3) Section 60(2)-- 3
insert-- 4
`(p) a specified document is the manufacturer's specification for a 5
specified type of vehicle.'. 6
95 Insertion of new s 72A
Clause 7
After section 72-- 8
insert-- 9
`72A Way to install official traffic sign 10
`An official traffic sign must be installed in a way specified by the 11
MUTCD.'. 12
96 Replacement of s 78 (Driving of motor vehicle without a driver
Clause 13
licence prohibited) 14
Section 78-- 15
omit, insert-- 16
`78 Driving of motor vehicle without a driver licence prohibited 17
`(1) A person must not drive a motor vehicle on a road unless the person 18
holds a driver licence authorising the person to drive the vehicle on the 19
road. 20
Maximum penalty-- 21
(a) if the person committed the offence while the person was 22
disqualified, under a court order, from holding or obtaining a 23
driver licence--60 penalty units or 18 months imprisonment; or 24
(b) otherwise--40 penalty units or 1 year's imprisonment. 25
`(2) If the person committed the offence while the person was 26
disqualified from holding or obtaining a driver licence, the court, in 27
deciding what penalty to impose on the person, must consider-- 28
(a) all the circumstances of the case, including circumstances of 29
aggravation or mitigation; and 30
(b) the public interest; and 31
s 97 90 s 98
Transport Legislation Amendment Bill 2001
(c) the person's criminal history and traffic history; and 1
(d) any information before it relating to the person's medical history, 2
or the person's mental or physical capacity, that the court 3
considers relevant; and 4
(e) whether the offence was committed in association with the 5
commission or attempted commission of another offence and, if 6
so, the nature of the other offence; and 7
(f) any other matters that the court considers relevant. 8
`(3) A person convicted of an offence under subsection (1) is, in addition 9
to the penalty imposed, disqualified from holding or obtaining a 10
Queensland driver licence-- 11
(a) if the person committed the offence while the person was 12
disqualified, under a court order, from holding or obtaining a 13
driver licence--absolutely; or 14
(b) otherwise--for 6 months. 15
`(4) Subsection (3) applies whether or not a conviction is recorded for 16
the offence. 17
`(5) A person must not allow another person to drive a motor vehicle on 18
a road if the person knows the other person does not hold a driver licence 19
authorising the other person to drive the vehicle on the road. 20
Maximum penalty--20 penalty units or 6 months imprisonment.'. 21
97 Amendment of s 79 (Driving etc. whilst under influence of liquor
Clause 22
or drugs or with prescribed concentration of alcohol in blood) 23
Section 79(1A), (1B), (1E) and (2I), `penalty not exceeding 34 penalty 24
units or to imprisonment for a term not exceeding 18 months'-- 25
omit, insert-- 26
`maximum penalty of 60 penalty units or 18 months imprisonment'. 27
98 Amendment of s 80 (Provisions with respect to breath tests and
Clause 28
laboratory tests) 29
(1) Section 80-- 30
insert-- 31
s 99 91 s 100
Transport Legislation Amendment Bill 2001
`(15A) A copy of a certificate under subsection (15)-- 1
(a) is evidence that the instrument operated by the doctor or officer 2
was a breath analysing instrument; and 3
(b) is evidence that the instrument was in proper working order and 4
properly operated by the doctor or officer; and 5
(c) is evidence that all regulations relating to breath analysing 6
instruments were complied with; and 7
(d) is presumed to have been given to the person whose breath was 8
analysed, unless the contrary is proved.'. 9
(2) Section 80(15D) and (15E)-- 10
omit. 11
(3) Section 80(22)(e), (22AA), (22A), (22C) and (22D), `Queensland'-- 12
omit. 13
(4) Section 80-- 14
insert-- 15
`(28) In this section-- 16
"suspend", in relation to a driver licence issued outside Queensland, 17
includes suspend the authority to drive on a Queensland road under 18
the licence.'. 19
99 Amendment of s 87 (Issue of restricted licence to disqualified
Clause 20
person) 21
(1) Section 87(5)(da), `79(2A)'-- 22
omit, insert-- 23
`79(1), (2A)'. 24
(2) Section 87(5)(g)-- 25
omit. 26
100 Amendment of s 100 (Removal of things from roads)
Clause 27
(1) Section 100(1), after `on a road'-- 28
insert-- 29
s 101 92 s 102
Transport Legislation Amendment Bill 2001
`, other than a busway,'. 1
(2) Section 100(12)(a), after `on a road'-- 2
insert-- 3
`, other than a busway'. 4
101 Amendment of s 102 (Parking regulation involves installing
Clause 5
official traffic signs) 6
Section 102(3)(a)-- 7
omit, insert-- 8
`(a) the boundaries of the traffic area have been defined under a local 9
law; and'. 10
102 Amendment of s 113 (Definitions for div 2)
Clause 11
(1) Section 113, definition "owner"-- 12
omit. 13
(2) Section 113-- 14
insert-- 15
` "person in charge" of a vehicle, in relation to an alleged offence, 16
means-- 17
(a) if there was a responsible operator for the vehicle at the time the 18
offence allegedly happened-- 19
(i) the responsible operator; or 20
(ii) if the responsible operator gives a notice under 21
section 114(3)(b)--the person named, in any notice under 22
the section, as the person in charge of the vehicle at the 23
time; or 24
(b) if there was no responsible operator for the vehicle, and the 25
vehicle was registered under a transport Act or a corresponding 26
transport law, at the time the offence allegedly happened-- 27
(i) the registered operator of the vehicle at the time; or 28
(ii) if the registered operator gives a notice under 29
section 114(3)(b)--the person named, in any notice under 30
s 103 93 s 103
Transport Legislation Amendment Bill 2001
the section, as the person in charge of the vehicle at the 1
time; or 2
(c) if there was no responsible operator for the vehicle, and the 3
vehicle was not registered under a transport Act or a 4
corresponding transport law, at the time the offence allegedly 5
happened-- 6
(i) the person who, immediately before the registration expired, 7
was the registered operator; or 8
(ii) if the person who was the registered operator gives a notice 9
under section 114(3)(b)--the person named, in any notice 10
under the section, as the person in charge of the vehicle at 11
the time.'. 12
(3) Section 113, definition "photographic detection device", after `a 13
device'-- 14
insert-- 15
`that captures an image, including, for example, a digital device,'. 16
(4) Section 113, definition "responsible operator", `this Act'-- 17
omit, insert-- 18
`section 17017'. 19
103 Amendment of s 114 (Offences detected by photographic
Clause 20
detection device) 21
(1) Section 114(1) and (2), `owner'-- 22
omit, insert-- 23
`person in charge'. 24
(2) Section 114(3), from `for a person' to `under subsection (1)'-- 25
omit, insert-- 26
`to a camera detected offence for a person'. 27
(3) Section 114(3)(b)(i)-- 28
omit, insert-- 29
17 Section 170 (Nomination of responsible operator)
s 104 94 s 104
Transport Legislation Amendment Bill 2001
`(i) has notified the commissioner or chief executive of the 1
name and address of the person in charge of the vehicle at 2
the time the offence happened; or'. 3
(4) Section 114(3)(b)(ii), `who drove'-- 4
omit, insert-- 5
`in charge of'. 6
(5) Section 114(5)-- 7
omit, insert-- 8
`(5) The defence under subsection (3) is not available unless notice 9
under subsection (3)(b)(i) is given to the commissioner or chief executive 10
by the person within 28 days of the first given of-- 11
(a) written notice from the commissioner or chief executive to the 12
person alleging a camera-detected offence; or 13
(b) an infringement notice under the State Penalties Enforcement Act 14
1999.'. 15
(6) Section 114(6)(a)(ii), `driver'-- 16
omit, insert-- 17
`person in charge'. 18
(7) Section 114(6)(b), `who drove'-- 19
omit, insert-- 20
`in charge of'. 21
(8) Section 114(8), `driver'-- 22
omit, insert-- 23
`person in charge'. 24
104 Amendment of s 116 (Notice accompanying summons)
Clause 25
Section 116(1)(a), `who drove'-- 26
omit, insert-- 27
`in charge of'. 28
s 105 95 s 109
Transport Legislation Amendment Bill 2001
105 Amendment of s 120 (Evidentiary provisions)
Clause 1
Section 120(5)-- 2
omit. 3
106 Amendment of s 121 (Application of the State Penalties
Clause 4
Enforcement Act 1999) 5
(1) Section 121(3)(a) and (b)-- 6
omit, insert-- 7
`(a) a reference to "person in charge" or "user" is, if the context 8
permits, taken to be a reference to the person in charge of the 9
vehicle; and'. 10
(2) Section 121(3)(c) and (d)-- 11
renumber as section 121(3)(b) and (c). 12
107 Amendment of s 124 (Facilitation of proof)
Clause 13
Section 124(4)(a) and (b), after `radar'-- 14
insert-- 15
`or laser'. 16
108 Omission of s 129 (Effect of cancellation pursuant to regulations)
Clause 17
Section 129-- 18
omit. 19
109 Amendment of s 130 (Delivery of cancelled or suspended licences,
Clause 20
or licences for endorsement) 21
(1) Section 130, heading, `suspended'-- 22
omit, insert-- 23
`surrendered'. 24
(2) Section 130(1), `or suspended'-- 25
omit. 26
s 110 96 s 111
Transport Legislation Amendment Bill 2001
(3) Section 130(1)(a) and (3), `, suspension,'-- 1
omit. 2
(4) Section 130(4)-- 3
omit. 4
110 Amendment of s 147 (Regulating vehicles etc. in public places)
Clause 5
(1) Section 147(1)(c) to (e) and (2)-- 6
omit. 7
(2) Section 147(3)-- 8
renumber as section 147(2). 9
111 Amendment of s 151 (Application of part)
Clause 10
(1) Section 151(2)(b), `1952'-- 11
omit, insert-- 12
`1999'. 13
(2) Section 151(2)-- 14
insert-- 15
`(e) dangerous goods in a container that is-- 16
(i) designed to form part of, and forms part of, the fuel system 17
of-- 18
(A) a vehicle's engine; or 19
(B) another part of a vehicle's propulsion equipment; or 20
(C) an engine that is part of a vehicle's refrigeration 21
system; or 22
(D) another auxiliary engine of a vehicle; or 23
(ii) designed as a fuel storage container for a fuel burning 24
appliance, or an engine, that is-- 25
(A) built into a vehicle; or 26
(B) designed to be attached to a vehicle; or 27
s 112 97 s 114
Transport Legislation Amendment Bill 2001
(C) part of a refrigeration system attached to a freight 1
container; or 2
(D) prescribed under a regulation; or 3
(f) a battery installed in a vehicle or its load for the purpose of 4
operating a function of the vehicle or of equipment relating to the 5
load; or 6
(g) a fire extinguisher fitted to or carried in a vehicle to be used for 7
the protection of the vehicle or its load; or 8
(h) equipment, for example an airbag or seatbelt pretensioning 9
device, installed in a vehicle to provide a safety or protective 10
system for an occupant of the vehicle; or 11
(i) compressed air, compressed oxygen or oxygen releasing 12
chemicals that are part of self contained breathing or rebreathing 13
apparatus for use by the vehicle's driver.'. 14
112 Amendment of s 153 (Exemptions)
Clause 15
Section 153(2), from `exempt' to `if'-- 16
omit, insert-- 17
`, on an application under subsection (1) or on the chief executive's own 18
initiative, exempt a person from complying with a provision of a regulation 19
about transporting dangerous goods by road if'. 20
113 Amendment of s 166 (Official traffic sign approvals)
Clause 21
(1) Section 166(1)-- 22
omit. 23
(2) Section 166(2) to (4)-- 24
renumber as section 166(1) to (3). 25
114 Omission of sch 1 (Disqualifying offences--approvals)
Clause 26
Schedule 1-- 27
omit. 28
s 115 98 s 115
Transport Legislation Amendment Bill 2001
115 Amendment of sch 4 (Dictionary)
Clause 1
(1) Schedule 4, definitions "dangerous situation", "MUTCD" and 2
"official traffic sign"-- 3
omit. 4
(2) Schedule 4-- 5
insert-- 6
` "criminal history"-- 7
(a) for section 17B--see section 17B(5); and 8
(b) for section 138--see section 138(8). 9
"dangerous situation" means a situation involving the transportation of 10
dangerous goods by road that is causing or is likely to cause imminent 11
risk of-- 12
(a) death of, or significant injury to, a person; or 13
(b) significant harm to the environment; or 14
(c) significant damage to property. 15
"MUTCD" means the Manual of Uniform Traffic Control Devices issued 16
by the chief executive. 17
"official traffic sign" means a sign, marking, light or device placed or 18
erected to regulate, warn or guide traffic.'. 19
(3) Schedule 4, definition "declared road", after `means a'-- 20
insert-- 21
`busway or'. 22
(4) Schedule 4, definition "disqualifying offence", paragraph (a)-- 23
omit, insert-- 24
`(a) an offence against the Criminal Code; or'. 25
(5) Schedule 4, definition "road", paragraphs (a) and (b)-- 26
renumber as paragraphs (b) and (c). 27
(6) Schedule 4, definition "road"-- 28
insert-- 29
`(a) includes a busway under the Transport Infrastructure Act 1994; 30
and'. 31
99
Transport Legislation Amendment Bill 2001
1
© State of Queensland 2001
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