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Queensland
Transport Legislation
Amendment Bill 2005
Queensland
Transport Legislation Amendment Bill
2005
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Part 2 Amendment of Transport Infrastructure Act 1994
3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
4 Amendment of s 93 (Tolls) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
5 Amendment of s 240 (Lease of land to railway managers) . . . . . 11
6 Replacement of ch 8, pt 2, hdg (Continuation, establishment
and abolition of port authorities). . . . . . . . . . . . . . . . . . . . . . . . . . 11
7 Amendment of s 270 (Abolition of port authority) . . . . . . . . . . . . . 12
8 Amendment of s 271 (Transfer of management of a port) . . . . . . 12
9 Amendment of s 272 (Regulation may make transitional
arrangements) .................................... 12
10 Amendment of s 274 (Regulation may define port limits etc.) . . . 12
11 Insertion of new s 274A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
274A Regulation may declare government owned
corporation to be port authority . . . . . . . . . . . . . . . . . 13
12 Amendment of s 302 (Declaration of land as busway land) . . . . . 13
13 Amendment of s 303 (Effect on land of busway declaration) . . . . 13
14 Insertion of new ss 303A303C . . . . . . . . . . . . . . . . . . . . . . . . . . 13
303A Declaration of common areas for busways and roads 14
303B Effect of declaration of busway common area . . . . . . 14
303C Relationship with Local Government Act 1993, s 901 15
15 Replacement of ch 9, pt 5, hdg (Busway service provider
authorisation) .................................... 15
16 Insertion of new s 335A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
335A Definitions for pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
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Transport Legislation Amendment Bill 2005
17 Amendment of s 336 (Who may drive on a busway) . . . . . . . . . . 16
18 Amendment of s 337 (Applying for authorisation as busway
service provider). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
19 Amendment of s 338 (Considering application for authorisation). 17
20 Amendment of s 339 (Authorisation conditions). . . . . . . . . . . . . . 17
21 Amendment of s 340 (Requiring authorisation conditions to be
complied with) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
22 Amendment of s 341 (Authorisation period) . . . . . . . . . . . . . . . . . 18
23 Amendment of s 342 (Amending authorisation conditions on
application) ...................................... 18
24 Amendment of s 343 (Amending authorisation conditions
without application). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
25 Amendment of s 344 (Suspending or cancelling authorisation) . . 19
26 Amendment of s 345 (Immediate suspension of authorisation) . . 19
27 Amendment of s 346 (Surrender of authorisation) . . . . . . . . . . . . 19
28 Insertion of new ch 9, pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Part 6 Busway safety officers
Division 1 Preliminary
346A Definition for pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Division 2 Appointment of busway safety officers
346B Appointment and qualifications . . . . . . . . . . . . . . . . . 20
346C Appointment conditions and limit on powers . . . . . . . 21
Division 3 Identity cards
346D Issue of identity card . . . . . . . . . . . . . . . . . . . . . . . . . 21
346E Production or display of identity card . . . . . . . . . . . . . 21
Division 4 Ceasing to hold office
346F When busway safety officer ceases to hold office . . . 22
346G Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
346H Return of identity card . . . . . . . . . . . . . . . . . . . . . . . . 22
Division 5 Powers
346I Powers of busway safety officer . . . . . . . . . . . . . . . . . 23
346J Direction to ensure orderly movement . . . . . . . . . . . . 23
346K Direction to person creating disturbance to leave
busway or busway transport infrastructure . . . . . . . . . 23
346L Direction to ensure safety and security . . . . . . . . . . . 24
346M Power to require name, address and age. . . . . . . . . . 25
Division 6 Provisions relating to evidence of offences
346N Seizing evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
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Transport Legislation Amendment Bill 2005
346O Securing seized things . . . . . . . . . . . . . . . . . . . . . . . . 26
346P Tampering with seized things . . . . . . . . . . . . . . . . . . . 26
346Q Receipts for seized things . . . . . . . . . . . . . . . . . . . . . 27
346R Forfeiture of seized things . . . . . . . . . . . . . . . . . . . . . 27
346S Forfeiture on conviction . . . . . . . . . . . . . . . . . . . . . . . 28
346T Dealing with forfeited things etc.. . . . . . . . . . . . . . . . . 29
346U Return of seized things. . . . . . . . . . . . . . . . . . . . . . . . 29
346V Access to seized things . . . . . . . . . . . . . . . . . . . . . . . 29
Division 7 Miscellaneous
346W Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . 30
346X False or misleading information . . . . . . . . . . . . . . . . . 30
346Y False or misleading documents . . . . . . . . . . . . . . . . . 30
346Z Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
346ZA Busway safety officer to give notice of damage . . . . . 31
346ZB Obstructing busway safety officer. . . . . . . . . . . . . . . . 32
346ZC Impersonating busway safety officer . . . . . . . . . . . . . 32
29 Amendment of s 353 (Declaration of land as light rail land) . . . . . 32
30 Amendment of s 354 (Effect on land of light rail declaration) . . . . 33
31 Amendment of s 416 (Meaning of miscellaneous transport
infrastructure) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
32 Insertion of new ch 18, pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Part 6 Transitional provisions for the Transport
Legislation Amendment Act 2005
Division 1 Transitional provision for port authorities
539 Port authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Division 2 Transitional provisions for busways
540 Busway authorisation . . . . . . . . . . . . . . . . . . . . . . . . . 34
541 Busway safety officers . . . . . . . . . . . . . . . . . . . . . . . . 34
542 Offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
33 Amendment of sch 1 (Subject matter for regulations) . . . . . . . . . 35
34 Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 35
Part 3 Amendment of Transport Operations (Marine Pollution) Act
1995
35 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
36 Amendment of s 55A (Shipboard waste management plan) . . . . 37
37 Insertion of new s 60A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
60A Obligation to monitor transfer operation . . . . . . . . . . . 37
38 Amendment of s 92 (Purpose of division) . . . . . . . . . . . . . . . . . . 37
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Transport Legislation Amendment Bill 2005
39 Insertion of new ss 93A and 93B . . . . . . . . . . . . . . . . . . . . . . . . . 37
93A Marine pollution controller . . . . . . . . . . . . . . . . . . . . . 37
93B Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . 38
40 Amendment of s 98 (Power of intervention) . . . . . . . . . . . . . . . . . 39
41 Insertion of new s 132A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
132A Delegation by marine pollution controller . . . . . . . . . . 39
Part 4 Amendment of Transport Operations (Marine Safety) Act
1994
42 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
43 Insertion of new s 87A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
87A Owner of ship lost, abandoned or stranded . . . . . . . . 40
44 Amendment of s 95 (Temporary closure of pilotage area by
harbour master) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
45 Insertion of new ss 125A and 125B . . . . . . . . . . . . . . . . . . . . . . . 40
125A Temporary declaration of exclusion zone by general
manager . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
125B Failure to comply with declaration of exclusion zone
by general manager . . . . . . . . . . . . . . . . . . . . . . . . . . 41
46 Insertion of new s 186A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
186A Chief executive (fisheries) must disclose information. 41
47 Insertion of new s 199A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
199A Court may make orders about compensation and
other matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
48 Insertion of new s 205A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
205A Inquiries about person's suitability to conduct
examinations or conduct training programs . . . . . . . . 44
Part 5 Amendment of Transport Operations (Passenger Transport)
Act 1994
49 Act amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
50 Insertion of new s 22B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
22B Accredited operator to notify if authorised driver
charged with or convicted of driver disqualifying
offence ............................... 46
51 Amendment of s 28B (Driver authorisation--category B driver
disqualifying offences) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
52 Amendment of s 43 (Obligation to hold service contracts) . . . . . . 47
53 Amendment of s 62AAG (New service contract area or route in
the Translink area) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
54 Amendment of ch 13, hdg (Transitional provisions) . . . . . . . . . . . 47
55 Insertion of new ch 13, pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
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Transport Legislation Amendment Bill 2005
Part 3 Validation of particular service contracts
178 Validation of service contracts in Translink area. . . . . 47
56 Amendment of sch 1A (Driver disqualification offences) . . . . . . . 48
Part 6 Amendment of Transport Operations (Road Use
Management) Act 1995
57 Act amended in pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
58 Amendment of s 17A (Definition) . . . . . . . . . . . . . . . . . . . . . . . . . 49
59 Amendment of s 19 (Procedure for amending, suspending or
cancelling approvals) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
60 Amendment of s 78 (Driving of motor vehicle without a driver
licence prohibited) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
61 Amendment of s 85 (Racing and speed trials on roads) . . . . . . . 50
62 Replacement of ch 5, pt 7, div 1. . . . . . . . . . . . . . . . . . . . . . . . . . 50
Division 1 Speed detection devices
112 Use of speed detection devices . . . . . . . . . . . . . . . . . 51
63 Insertion of new ch 5, pt 7A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
Part 7A Crossing supervisor scheme
Division 1 Definitions
122 Definitions for pt 7A . . . . . . . . . . . . . . . . . . . . . . . . . . 51
Division 2 Scheme and authorisation of persons under
scheme
122A Chief executive may authorise scheme . . . . . . . . . . . 52
122B Unauthorised person must not act as crossing
supervisor .............................. 53
122C Chief executive may refuse to authorise person
under scheme. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
122D Chief executive may impose conditions on authority . 53
122E Notice to be given about refusal or imposition of
condition ............................... 54
Division 3 Criminal history
122F Criminal history to be disclosed by applicants and
crossing supervisors . . . . . . . . . . . . . . . . . . . . . . . . . 54
122G Crossing supervisor may surrender authority. . . . . . . 55
122H Chief executive may ask commissioner for criminal
history ................................. 55
Division 4 Amendment, suspension and cancellation of
authorities
122I Grounds for amending, suspending or cancelling
authority ................................ 56
122J Show cause procedure for amending, suspending or
cancelling authority. . . . . . . . . . . . . . . . . . . . . . . . . . . 56
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Transport Legislation Amendment Bill 2005
122K Amending, suspending or cancelling authority. . . . . . 57
122L Notice to be given to crossing supervisor. . . . . . . . . . 58
122M Grounds for immediate suspension of authority . . . . . 58
122N Procedure for immediate suspension of authority . . . 59
122O Further action after immediate suspension . . . . . . . . 60
122P Other amendments of authorities . . . . . . . . . . . . . . . . 61
64 Amendment of s 124 (Facilitation of proof). . . . . . . . . . . . . . . . . . 61
65 Insertion of new s 129B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
129B Disqualification period for person driving more than
40km/h over speed limit . . . . . . . . . . . . . . . . . . . . . . . 62
66 Omission of s 132 (Appeals against licence suspension under
regulations). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
67 Amendment of s 134 (Alteration and defacing of numbers etc.) . 63
68 Omission of s 138 (Scheme to facilitate children crossing streets) 64
69 Amendment of s 150 (Regulating driver management) . . . . . . . . 64
70 Insertion of new s 150A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
150A Regulating form of licence . . . . . . . . . . . . . . . . . . . . . 65
71 Insertion of new ch 7, pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
Part 7 Transitional provisions for the Transport
Legislation Amendment Act 2005
199 Transitional provision for offences against s 85 . . . . . 65
200 Transitional provision for evidentiary certificates
under s 124 ............................. 65
201 Transitional provision for s 129B. . . . . . . . . . . . . . . . . 66
202 Transitional regulation-making power . . . . . . . . . . . . . 66
203 Transitional power for authorised schemes and
crossing supervisors . . . . . . . . . . . . . . . . . . . . . . . . . 67
72 Replacement of sch 2 (Disqualifying offences--crossing
supervisors) ..................................... 68
Schedule 2 Disqualifying offences under the Criminal
Code--crossing supervisors
73 Amendment of sch 3 (Reviewable decisions). . . . . . . . . . . . . . . . 69
74 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 69
Part 7 Amendment of Transport Planning and Coordination Act
1994
75 Act amended in pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
76 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 71
77 Amendment of s 8D (Impact of change of management of local
government road on public passenger transport). . . . . . . . . . . . . 71
78 Amendment of s 8E (Guidelines for ss 8B-8D). . . . . . . . . . . . . . . 71
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Transport Legislation Amendment Bill 2005
79 Amendment of s 36DA (Commissioner for Children and Young
People) ......................................... 72
Part 8 Amendment of Transport (South Bank Corporation Area
Land) Act 1999
80 Act amended in pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
81 Insertion of new pt 1, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
82 Insertion of new pt 2, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
83 Amendment of s 2 (Exclusion of land from South Bank
Corporation area) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
84 Amendment of s 3 (Validation of certain notices of intention to
resume) ........................................ 73
85 Amendment of s 4 (Effect of certain proclamations) . . . . . . . . . . 73
86 Insertion of new pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
Part 3 Provisions on completion of construction of the
busway in or about South Bank
5 Purpose of pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
6 Definitions for pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
7 Inclusion of land in corporation area . . . . . . . . . . . . . 74
8 Exclusion of land from corporation area. . . . . . . . . . . 74
9 Ownership of particular land . . . . . . . . . . . . . . . . . . . 75
10 Registrar may register instruments etc. . . . . . . . . . . . 75
11 Recording of vesting of land . . . . . . . . . . . . . . . . . . . . 75
12 State may sign plans and other documents . . . . . . . . 75
13 Exemption from fees and charges . . . . . . . . . . . . . . . 76
14 Management statement terminated . . . . . . . . . . . . . . 76
87 Amendment of schedule (Land excluded from corporation area) 76
88 Insertion of new sch 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
Schedule 2 Areas excluded from corporation area on
completion of construction of busway in or
about South Bank
Part 9 Minor and consequential amendments
89 Minor and consequential amendments . . . . . . . . . . . . . . . . . . . . 79
Schedule Minor and consequential amendments . . . . . . . . . . . . . . . . . . 80
Commission for Children and Young People and Child Guardian
Act 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
Integrated Planning Act 1997 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
South Bank Corporation Act 1989 . . . . . . . . . . . . . . . . . . . . . . . . 80
2005
A Bill
for
An Act to amend particular Acts administered by the Minister
for Transport, and for other purposes
s1 10 s3
Transport Legislation Amendment Bill 2005
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Transport Legislation 4
Amendment Act 2005. 5
Clause 2 Commencement 6
The following sections commence on a day to be fixed by 7
proclamation-- 8
(a) section 4; 9
(b) section 28; 10
(c) section 32, to the extent it inserts sections 541 and 542; 11
(d) section 58; 12
(e) sections 62 to 64; 13
(f) sections 66 to 68; 14
(g) section 71, to the extent it inserts sections 200 and 203; 15
(h) sections 72 to 74; 16
(i) the schedule, to the extent it amends the Commission for 17
Children and Young People and Child Guardian Act 18
2000. 19
Part 2 Amendment of Transport 20
Infrastructure Act 1994 21
Clause 3 Act amended in pt 2 22
This part amends the Transport Infrastructure Act 1994. 23
s4 11 s6
Transport Legislation Amendment Bill 2005
Clause 4 Amendment of s 93 (Tolls) 1
Section 93(2)-- 2
omit, insert-- 3
`(2) A regulation under subsection (1) must provide-- 4
(a) the types of vehicles liable for tolls for the use of the toll 5
road; and 6
(b) for the use of the toll road by each of the types of 7
vehicles-- 8
(i) the day the toll becomes payable for use of the toll 9
road, and the maximum amount of toll payable at 10
each toll plaza, in relation to each of the types of 11
vehicles; or 12
(ii) another way that is authorised for providing for the 13
matters mentioned in subparagraph (i), including 14
any necessary directions for the setting and 15
publication of the day and amount. 16
`(2A) Without limiting subsection (2) or the Statutory Instruments 17
Act 1992, a toll may be set in a way that applies differently-- 18
(a) to different classes of vehicles; or 19
(b) by reference to stated exceptions or factors.'. 20
Clause 5 Amendment of s 240 (Lease of land to railway managers) 21
Section 240(1)(b)-- 22
omit, insert-- 23
`(b) the chief executive decides that non-rail corridor land 24
(also acquired land) should be used by a railway 25
manager as part of a rail transport corridor.'. 26
Clause 6 Replacement of ch 8, pt 2, hdg (Continuation, 27
establishment and abolition of port authorities) 28
Chapter 8, part 2, heading-- 29
omit, insert-- 30
s7 12 s 10
Transport Legislation Amendment Bill 2005
`Part 2 Establishment, declaration and 1
abolition of port authorities'. 2
Clause 7 Amendment of s 270 (Abolition of port authority) 3
Section 270(1), after `abolish a port authority'-- 4
insert-- 5
`established under section 268'. 6
Clause 8 Amendment of s 271 (Transfer of management of a port) 7
Section 271-- 8
insert-- 9
`(4) Subsections (2) and (3) do not apply if-- 10
(a) the transferor and transferee are both bodies established 11
under the Government Owned Corporations Act 1993; 12
and 13
(b) the assets and liabilities of the transferor are transferred, 14
under that Act, to the transferee.'. 15
Clause 9 Amendment of s 272 (Regulation may make transitional 16
arrangements) 17
Section 272-- 18
insert-- 19
`(3) This section does not apply if the transfer of the management 20
of a port is from a port authority that is a body established 21
under the Government Owned Corporations Act 1993 to 22
another port authority that is a body established under that 23
Act.'. 24
Clause 10 Amendment of s 274 (Regulation may define port limits 25
etc.) 26
Section 274(d), after `port authority'-- 27
s 11 13 s 14
Transport Legislation Amendment Bill 2005
insert-- 1
`established under section 268'. 2
Clause 11 Insertion of new s 274A 3
Chapter 8, part 2-- 4
insert-- 5
`274A Regulation may declare government owned 6
corporation to be port authority 7
`For a body established under the Government Owned 8
Corporations Act 1993, a regulation may do 1 or more of the 9
following-- 10
(a) declare the body to be a port authority; 11
(b) prescribe the port the body is to manage; 12
(c) revoke the declaration of the body as a port authority.'. 13
Clause 12 Amendment of s 302 (Declaration of land as busway land) 14
Section 302(4)-- 15
insert-- 16
`(c) land acquired by the State or the chief executive, other 17
than land mentioned in paragraph (a) or (b), on which 18
busway transport infrastructure is located.'. 19
Clause 13 Amendment of s 303 (Effect on land of busway 20
declaration) 21
Section 303-- 22
insert-- 23
`(2A) If land, other than land mentioned in subsection (1) or (2) or 24
unallocated State land, is declared under this part to be 25
busway land, the land becomes unallocated State land.'. 26
Clause 14 Insertion of new ss 303A303C 27
After section 303-- 28
s 14 14 s 14
Transport Legislation Amendment Bill 2005
insert-- 1
`303A Declaration of common areas for busways and roads 2
`(1) This section applies if-- 3
(a) a busway is interrupted by a road and continues on the 4
other side of the road; or 5
(b) an intersection is formed where a road meets a busway, 6
whether or not at right angles, at the start or end of the 7
busway. 8
`(2) The chief executive may, by gazette notice, declare a part of 9
the road where it interrupts, or intersects with, the busway to 10
be a common area (a busway common area) for the road and 11
the busway. 12
`(3) A gazette notice under subsection (2)-- 13
(a) must include a description of, or a way of identifying, 14
the busway common area; and 15
(b) may include conditions on the operation and use of the 16
busway common area to ensure the safety and 17
operational integrity of the road or busway. 18
`(4) In this section-- 19
road includes a State-controlled road. 20
`303B Effect of declaration of busway common area 21
`If the chief executive declares a busway common area-- 22
(a) a busway may be constructed, maintained and operated 23
on the busway common area in a way not inconsistent 24
with its use as a road; and 25
(b) a busway safety officer may exercise powers under this 26
Act on the busway common area as if the busway 27
common area were part of the busway; and 28
(c) if the road is a State-controlled road--the chief 29
executive may construct, maintain and operate the road 30
on the busway common area in a way not inconsistent 31
with its use as a busway; and 32
(d) if the road is not a State-controlled road-- 33
s 15 15 s 16
Transport Legislation Amendment Bill 2005
(i) the local government for the area in which the road 1
is located may construct, maintain and operate the 2
road on the busway common area in a way not 3
inconsistent with its use as a busway; and 4
(ii) the local government does not have any liability for 5
the busway or its use or operation on the busway 6
common area; and 7
(iii) the State does not have any liability for the road or 8
its use or operation on the busway common area. 9
`303C Relationship with Local Government Act 1993, s 901 10
`(1) This section applies if there is any inconsistency between-- 11
(a) a local government's control under the Local 12
Government Act 1993, section 901, of a busway 13
common area including, for example, the regulation of 14
the use of the busway common area or movement of 15
traffic on the busway common area; and 16
(b) a condition imposed by the chief executive on the 17
operation or use of the busway common area as 18
mentioned in section 303A(3). 19
`(2) To the extent of the inconsistency the condition imposed by 20
the chief executive prevails.'. 21
Clause 15 Replacement of ch 9, pt 5, hdg (Busway service provider 22
authorisation) 23
Chapter 9, part 5, heading-- 24
omit, insert-- 25
`Part 5 Busway authorisation'. 26
Clause 16 Insertion of new s 335A 27
Chapter 9, part 5-- 28
insert-- 29
`335A Definitions for pt 5 30
`In this part-- 31
s 17 16 s 17
Transport Legislation Amendment Bill 2005
authorised busway user, for a busway, means-- 1
(a) a busway service provider authorised by the chief 2
executive to use the busway; or 3
(b) another person authorised by the chief executive for the 4
busway. 5
busway service provider means-- 6
(a) a person using a bus to provide a public passenger 7
service other than-- 8
(i) a limousine service within the meaning of the 9
Transport Operations (Passenger Transport) Act 10
1994; or 11
(ii) a taxi service within the meaning of the Transport 12
Operations (Passenger Transport) Act 1994; or 13
(iii) a person who provides a scheduled passenger 14
service under a service contract referred to in 15
section 336(1)(a)(ii); or 16
(b) a person carrying out busway transport infrastructure 17
works on a busway or busway transport infrastructure.'. 18
Clause 17 Amendment of s 336 (Who may drive on a busway) 19
(1) Section 336(1), after `drive on a busway'-- 20
insert-- 21
`, other than a busway common area,'. 22
(2) Section 336(1)(a)(i)-- 23
omit, insert-- 24
`(i) a busway service provider authorised by the chief 25
executive to use the busway; or'. 26
(3) Section 336(1)(a)(ii), `for the busway'-- 27
omit, insert-- 28
`for the area in which the busway is located'. 29
s 18 17 s 21
Transport Legislation Amendment Bill 2005
Clause 18 Amendment of s 337 (Applying for authorisation as 1
busway service provider) 2
(1) Section 337, heading, `busway service provider'-- 3
omit, insert-- 4
`authorised busway user'. 5
(2) Section 337(1)-- 6
omit, insert-- 7
`(1) A person may apply to the chief executive for authorisation as 8
an authorised busway user for a busway.'. 9
Clause 19 Amendment of s 338 (Considering application for 10
authorisation) 11
Section 338(1), `a busway service provider'-- 12
omit, insert-- 13
`an authorised busway user'. 14
Clause 20 Amendment of s 339 (Authorisation conditions) 15
(1) Section 339(3), `service provider'-- 16
omit, insert-- 17
`user'. 18
(2) Section 339(3), `provider's'-- 19
omit, insert-- 20
`authorised busway user's'. 21
Clause 21 Amendment of s 340 (Requiring authorisation conditions 22
to be complied with) 23
(1) Section 340(1), `service provider'-- 24
omit, insert-- 25
`user'. 26
(2) Section 340(1), `provider's'-- 27
omit, insert-- 28
s 22 18 s 24
Transport Legislation Amendment Bill 2005
`authorised busway user's'. 1
(3) Section 340(2) and (3), `provider'-- 2
omit, insert-- 3
`authorised busway user'. 4
Clause 22 Amendment of s 341 (Authorisation period) 5
Section 341, `A busway service provider's'-- 6
omit, insert-- 7
`An authorised busway user's'. 8
Clause 23 Amendment of s 342 (Amending authorisation conditions 9
on application) 10
(1) Section 342(1), `service provider'-- 11
omit, insert-- 12
`user'. 13
(2) Section 342(1), `provider's'-- 14
omit, insert-- 15
`authorised busway user's'. 16
Clause 24 Amendment of s 343 (Amending authorisation conditions 17
without application) 18
(1) Section 343(1) and (7), `a busway service provider's'-- 19
omit, insert-- 20
`an authorised busway user's'. 21
(2) Section 343(1), (2), (4) and (8), `provider'-- 22
omit, insert-- 23
`authorised busway user'. 24
(3) Section 343(7), `the provider's'-- 25
omit, insert-- 26
`the authorised busway user's'. 27
s 25 19 s 27
Transport Legislation Amendment Bill 2005
Clause 25 Amendment of s 344 (Suspending or cancelling 1
authorisation) 2
(1) Section 344(1)(a), `service provider'-- 3
omit, insert-- 4
`user'. 5
(2) Section 344(1)(a) and (6)(a), `provider's'-- 6
omit, insert-- 7
`authorised busway user's'. 8
(3) Section 344(2), (4) and (6), `provider'-- 9
omit, insert-- 10
`authorised busway user'. 11
Clause 26 Amendment of s 345 (Immediate suspension of 12
authorisation) 13
(1) Section 345(1)(a), `service provider'-- 14
omit, insert-- 15
`user'. 16
(2) Section 345(1)(a), `provider's'-- 17
omit, insert-- 18
`authorised busway user's'. 19
(3) Section 345(2), (4) and (5), `provider'-- 20
omit, insert-- 21
`authorised busway user'. 22
Clause 27 Amendment of s 346 (Surrender of authorisation) 23
(1) Section 346, `service provider'-- 24
omit, insert-- 25
`user'. 26
(2) Section 346, `provider's'-- 27
s 28 20 s 28
Transport Legislation Amendment Bill 2005
omit, insert-- 1
`authorised busway user's'. 2
Clause 28 Insertion of new ch 9, pt 6 3
After section 346-- 4
insert-- 5
`Part 6 Busway safety officers 6
`Division 1 Preliminary 7
`346A Definition for pt 6 8
`In this part-- 9
relevant busway legislation means-- 10
(a) this part; or 11
(b) a regulation relating to busways or busway transport 12
infrastructure. 13
`Division 2 Appointment of busway safety 14
officers 15
`346B Appointment and qualifications 16
`(1) The chief executive may appoint a person as a busway safety 17
officer. 18
`(2) However, the chief executive may appoint a person as a 19
busway safety officer only if the chief executive is satisfied 20
the person is qualified for appointment because the person has 21
the necessary expertise or experience. 22
`(3) Also, the chief executive may appoint a person other than a 23
public service officer as a busway safety officer only if the 24
person has completed, to the chief executive's satisfaction, 25
training approved by the chief executive. 26
s 28 21 s 28
Transport Legislation Amendment Bill 2005
`346C Appointment conditions and limit on powers 1
`(1) A busway safety officer holds office on any conditions stated 2
in-- 3
(a) the busway safety officer's instrument of appointment; 4
or 5
(b) a signed notice given to the busway safety officer; or 6
(c) a regulation. 7
`(2) The instrument of appointment, a signed notice given to the 8
busway safety officer or a regulation may limit the busway 9
safety officer's powers under this Act. 10
`(3) In this section-- 11
signed notice means a notice signed by the chief executive. 12
`Division 3 Identity cards 13
`346D Issue of identity card 14
`(1) The chief executive must issue an identity card to each 15
busway safety officer. 16
`(2) The identity card must-- 17
(a) contain a recent photo of the busway safety officer; and 18
(b) contain a copy of the busway safety officer's signature; 19
and 20
(c) identify the person as a busway safety officer under this 21
Act; and 22
(d) state an expiry date for the card. 23
`(3) This section does not prevent the issue of a single identity 24
card to a person for this Act and for other purposes. 25
`346E Production or display of identity card 26
`(1) In exercising a power under this Act in relation to a person, a 27
busway safety officer must-- 28
s 28 22 s 28
Transport Legislation Amendment Bill 2005
(a) produce the busway safety officer's identity card for the 1
person's inspection before exercising the power; or 2
(b) have the identity card displayed so it is clearly visible to 3
the person when exercising the power. 4
`(2) However, if it is not practicable to comply with subsection (1), 5
the busway safety officer must produce the identity card for 6
the person's inspection at the first reasonable opportunity. 7
`Division 4 Ceasing to hold office 8
`346F When busway safety officer ceases to hold office 9
`(1) A busway safety officer ceases to hold office if any of the 10
following happens-- 11
(a) the term of office stated in a condition of the office ends; 12
(b) under another condition of office, the busway safety 13
officer ceases to hold office; 14
(c) the busway safety officer's resignation under section 15
346G takes effect. 16
`(2) Subsection (1) does not limit the ways a busway safety officer 17
may cease to hold office. 18
`(3) In this section-- 19
condition of office means a condition on which the busway 20
safety officer holds office. 21
`346G Resignation 22
`A busway safety officer may resign by signed notice given to 23
the chief executive. 24
`346H Return of identity card 25
`A person who ceases to be a busway safety officer must 26
return the person's identity card to the chief executive within 27
s 28 23 s 28
Transport Legislation Amendment Bill 2005
21 days after ceasing to be a busway safety officer, unless the 1
person has a reasonable excuse. 2
Maximum penalty--10 penalty units. 3
`Division 5 Powers 4
`346I Powers of busway safety officer 5
`A busway safety officer has the following powers-- 6
(a) power to give a direction to a person driving a vehicle 7
about driving or parking the vehicle on a busway or 8
busway transport infrastructure; 9
(b) power to give a direction to a person about parking or 10
leaving a vehicle or other property on a busway or 11
busway transport infrastructure; 12
(c) another power given to the busway safety officer under 13
this part. 14
`346J Direction to ensure orderly movement 15
`(1) A busway safety officer may give a direction to a person on a 16
busway or busway transport infrastructure for the purpose of 17
ensuring the orderly movement of persons onto, off, towards 18
or away from a bus operating on the busway. 19
`(2) The person must comply with the direction, unless the person 20
has a reasonable excuse. 21
Maximum penalty for subsection (2)--20 penalty units. 22
`346K Direction to person creating disturbance to leave 23
busway or busway transport infrastructure 24
`(1) This section applies if a busway safety officer reasonably 25
believes a person on a busway or busway transport 26
infrastructure is creating, or is likely to create, a disturbance. 27
`(2) Subsection (1) does not apply to a person on a bus operating 28
on the busway. 29
s 28 24 s 28
Transport Legislation Amendment Bill 2005
`(3) The busway safety officer may direct the person to leave the 1
busway or busway transport infrastructure. 2
`(4) The direction must include the busway safety officer telling 3
the person that-- 4
(a) the person is directed to leave the busway or busway 5
transport infrastructure because the person is creating, 6
or is likely to create, a disturbance; and 7
(b) it is an offence to fail to comply with the direction, 8
unless the person has a reasonable excuse. 9
`(5) An explanation given under subsection (4) by a busway safety 10
officer need only be in general terms. 11
`(6) A person given a direction must comply with it, unless the 12
person has a reasonable excuse. 13
Maximum penalty--20 penalty units. 14
`(7) In this section-- 15
creating a disturbance includes depositing, dropping or 16
throwing a matter, substance or thing on a busway or busway 17
transport infrastructure that is likely to injure a person or 18
damage a vehicle or busway transport infrastructure. 19
`346L Direction to ensure safety and security 20
`(1) A busway safety officer may give a direction to a person on a 21
busway or busway transport infrastructure if the busway 22
safety officer reasonably believes the direction is necessary to 23
ensure the safety or security of 1 or more of the following-- 24
(a) the busway or busway transport infrastructure; 25
(b) users of the busway or busway transport infrastructure; 26
(c) persons employed on or in the busway or busway 27
transport infrastructure. 28
`(2) The direction must include the busway safety officer telling 29
the person that-- 30
(a) the person is given the direction because it is necessary 31
to ensure the safety or security of 1 or more persons or 32
things mentioned in subsection (1)(a), (b) or (c); and 33
s 28 25 s 28
Transport Legislation Amendment Bill 2005
(b) it is an offence to fail to comply with the direction, 1
unless the person has a reasonable excuse. 2
`(3) An explanation given under subsection (2) by a busway safety 3
officer need only be in general terms. 4
`(4) A person given a direction must comply with it, unless the 5
person has a reasonable excuse. 6
Maximum penalty for subsection (4)--20 penalty units. 7
`346M Power to require name, address and age 8
`(1) A busway safety officer may require a person to state the 9
person's name and address if the busway safety officer-- 10
(a) finds the person committing a relevant busway offence; 11
or 12
(b) finds the person in circumstances that lead, or has 13
information that leads, the busway safety officer to 14
reasonably suspect the person has just committed a 15
relevant busway offence. 16
`(2) The busway safety officer may also require the person to state 17
the person's age if the busway safety officer reasonably 18
suspects the person's age is required for the enforcement of 19
relevant busway legislation. 20
`(3) When making the requirement, the busway safety officer must 21
warn the person that it is an offence to fail to state the person's 22
name and address and, if relevant, age, unless the person has a 23
reasonable excuse. 24
`(4) The busway safety officer may require the person to give 25
evidence of the correctness of the person's stated name, 26
address or age if the busway safety officer reasonably suspects 27
the stated name, address or age is false. 28
`(5) A person must comply with the busway safety officer's 29
requirement under subsection (1), (2) or (4), unless the person 30
has a reasonable excuse. 31
Maximum penalty--40 penalty units. 32
`(6) A person does not commit an offence against this section if-- 33
s 28 26 s 28
Transport Legislation Amendment Bill 2005
(a) the person was required to state the person's name, 1
address or age by a busway safety officer who suspected 2
the person had committed a relevant busway offence; 3
and 4
(b) the person is not proved to have committed the offence. 5
`(7) In this section-- 6
relevant busway offence means an offence against relevant 7
busway legislation. 8
`Division 6 Provisions relating to evidence of 9
offences 10
`346N Seizing evidence 11
`A busway safety officer may seize a thing at a place that is a 12
busway or busway transport infrastructure if the busway 13
safety officer reasonably believes the thing is evidence of an 14
offence against relevant busway legislation. 15
`346O Securing seized things 16
`Having seized a thing, a busway safety officer may-- 17
(a) move the thing from the place where it was seized (the 18
place of seizure); or 19
(b) leave the thing at the place of seizure but take reasonable 20
action to restrict access to it. 21
22
Examples of restricting access to a thing--
23
sealing a thing and marking it to show access to it is restricted
`346P Tampering with seized things 24
`(1) If a busway safety officer restricts access to a seized thing, a 25
person must not tamper with the thing without a busway 26
safety officer's approval. 27
Maximum penalty--10 penalty units. 28
`(2) In this section-- 29
s 28 27 s 28
Transport Legislation Amendment Bill 2005
tamper, with a thing, includes attempt to tamper with the 1
thing or something restricting access to the thing. 2
`346Q Receipts for seized things 3
`(1) As soon as practicable after a busway safety officer seizes a 4
thing, the busway safety officer must give a receipt for it to 5
the person from whom it was seized. 6
`(2) However, if for any reason it is not practicable to comply with 7
subsection (1), the busway safety officer must leave the 8
receipt at the place of seizure in a conspicuous position and in 9
a reasonably secure way. 10
`(3) The receipt must describe generally each thing seized and its 11
condition. 12
`(4) This section does not apply to a thing if it is impracticable or 13
would be unreasonable to give the receipt, given the thing's 14
nature, condition and value. 15
`346R Forfeiture of seized things 16
`(1) A seized thing is forfeited to the State if the busway safety 17
officer who seized the thing-- 18
(a) can not find its owner, after making reasonable 19
inquiries; or 20
(b) can not return it to its owner, after making reasonable 21
efforts; or 22
(c) reasonably believes it is necessary to retain the thing to 23
prevent it being used to commit an offence against this 24
Act. 25
`(2) In applying subsection (1)-- 26
(a) subsection (1)(a) does not require the busway safety 27
officer to make inquiries if it would be unreasonable to 28
make inquiries to find the owner; and 29
(b) subsection (1)(b) does not require the busway safety 30
officer to make efforts if it would be unreasonable to 31
make efforts to return the thing to its owner. 32
s 28 28 s 28
Transport Legislation Amendment Bill 2005
`(3) If the busway safety officer makes a decision under 1
subsection (1)(c), resulting in the seized thing being forfeited 2
to the State, the busway safety officer must immediately give 3
the owner a written notice stating-- 4
(a) the decision; and 5
(b) the reasons for the decision. 6
`(4) A notice under subsection (3) must be accompanied by an 7
information notice. 8
`(5) Subsection (3) does not apply if-- 9
(a) the busway safety officer can not find the owner, after 10
making reasonable inquiries; or 11
(b) it is impracticable or would be unreasonable to give the 12
notice. 13
`(6) Regard must be had to a thing's nature, condition and value-- 14
(a) in deciding-- 15
(i) whether it is reasonable to make inquiries or 16
efforts; and 17
(ii) if making inquiries or efforts, what inquiries or 18
efforts, including the period over which they are 19
made, are reasonable; or 20
(b) in deciding whether it would be unreasonable to give the 21
notice under subsection (3). 22
`346S Forfeiture on conviction 23
`(1) On the conviction of a person for an offence against relevant 24
busway legislation, the court may order the forfeiture to the 25
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
(a) whether or not the thing has been seized; and 30
(b) if the thing has been seized, whether or not the thing has 31
been returned to its owner. 32
s 28 29 s 28
Transport Legislation Amendment Bill 2005
`(3) The court may make any order to enforce the forfeiture it 1
considers appropriate. 2
`(4) This section does not limit the court's powers under the 3
Penalties and Sentences Act 1992 or another law. 4
`346T Dealing with forfeited things etc. 5
`(1) On the forfeiture of a thing to the State, the thing becomes the 6
State's property and may be dealt with by the chief executive 7
as the chief executive considers appropriate. 8
`(2) Without limiting subsection (1), the chief executive may 9
destroy or dispose of the thing. 10
`(3) Despite subsection (1), the chief executive must not deal with 11
the thing in a way that could prejudice the outcome of an 12
appeal, relevant to the thing, of which the chief executive is 13
aware. 14
`346U Return of seized things 15
`(1) If a seized thing has not been forfeited, the busway safety 16
officer must return it to its owner-- 17
(a) at the end of 6 months; or 18
(b) if a proceeding for an offence involving the thing is 19
started within 6 months, at the end of the proceeding and 20
any appeal from the proceeding. 21
`(2) Despite subsection (1), unless the thing has been forfeited, the 22
busway safety officer must immediately return a thing seized 23
as evidence to its owner if the busway safety officer stops 24
being satisfied its continued retention as evidence is 25
necessary. 26
`346V Access to seized things 27
`(1) Until a seized thing is forfeited or returned, a busway safety 28
officer must allow its owner to inspect it and, if it is a 29
document, to copy it. 30
`(2) Subsection (1) does not apply if it is impracticable or would 31
be unreasonable to allow the inspection or copying. 32
s 28 30 s 28
Transport Legislation Amendment Bill 2005
`Division 7 Miscellaneous 1
`346W Protection from liability 2
`(1) This section applies to each of the following (a protected 3
person)-- 4
(a) a busway safety officer; 5
(b) a person acting under the direction of a busway safety 6
officer. 7
`(2) A protected person does not incur civil liability for an act 8
done, or omission made, honestly and without negligence 9
under this Act. 10
`(3) If subsection (2) prevents a civil liability attaching to a 11
protected person, the liability attaches instead to the State. 12
`346X False or misleading information 13
`(1) A person must not state anything to a busway safety officer, in 14
relation to the exercise by the busway safety officer of a power 15
under relevant busway legislation, the person knows is false or 16
misleading in a material particular. 17
Maximum penalty--60 penalty units. 18
`(2) It is enough for a complaint for an offence against subsection 19
(1) to show the statement made was `false or misleading' to 20
the person's knowledge, without specifying which. 21
`346Y False or misleading documents 22
`(1) A person must not give a busway safety officer a document 23
containing information the person knows is false or 24
misleading in a material particular. 25
Maximum penalty--60 penalty units. 26
`(2) Subsection (1) does not apply to a person if the person, when 27
giving the document-- 28
(a) tells the busway safety officer, to the best of the person's 29
ability, how it is false or misleading; and 30
s 28 31 s 28
Transport Legislation Amendment Bill 2005
(b) if the person has, or can reasonably obtain, the correct 1
information--gives the correct information. 2
`(3) It is enough for a complaint for an offence against subsection 3
(1) to state the document was `false or misleading' to the 4
person's knowledge, without specifying which. 5
`346Z Compensation 6
`(1) A person may claim compensation from the State if the person 7
incurs loss or expense because of the exercise, or purported 8
exercise, of a power under relevant busway legislation, 9
including, for example, in complying with a requirement 10
made of the person under this part. 11
`(2) Payment of compensation may be claimed and ordered in a 12
proceeding for-- 13
(a) compensation brought in a court of competent 14
jurisdiction for the recovery of compensation; or 15
(b) an offence against this Act brought against the person by 16
whom the claim is made. 17
`(3) A court may order the payment of compensation for the loss 18
or expense only if it is satisfied it is just to make the order in 19
the circumstances of the particular case. 20
`346ZABusway safety officer to give notice of damage 21
`(1) A busway safety officer who, in the exercise, or purported 22
exercise, of a power under relevant busway legislation, 23
damages anything must immediately give written notice of the 24
particulars of the damage. 25
`(2) The notice must be given to the person who appears to the 26
busway safety officer to be the owner of the thing. 27
`(3) If, for any reason, it is not practicable to comply with 28
subsection (2), the busway safety officer must-- 29
(a) leave the notice at the place where the damage 30
happened; and 31
(b) ensure the notice is left in a reasonably secure way and 32
in a conspicuous position. 33
s 29 32 s 29
Transport Legislation Amendment Bill 2005
`(4) In this section-- 1
owner, of a thing, includes the person in possession or control 2
of the thing. 3
`346ZBObstructing busway safety officer 4
`(1) A person must not obstruct a busway safety officer in the 5
exercise of a power under this or another Act, unless the 6
person has a reasonable excuse. 7
Maximum penalty--60 penalty units. 8
`(2) If a person has obstructed a busway safety officer under 9
subsection (1) and the busway safety officer decides to 10
exercise the power, the busway safety officer must, if 11
practicable, warn the person-- 12
(a) that the busway safety officer considers the person's 13
conduct is obstructing the busway safety officer; and 14
(b) that it is an offence to obstruct the busway safety officer, 15
unless the person has a reasonable excuse. 16
`346ZCImpersonating busway safety officer 17
`A person must not pretend to be a busway safety officer. 18
Maximum penalty--80 penalty units.'. 19
Clause 29 Amendment of s 353 (Declaration of land as light rail 20
land) 21
(1) Section 353(4)(b) and (c)-- 22
renumber as section 353(4)(c) and (d). 23
(2) Section 353(4)-- 24
insert-- 25
`(b) land acquired by the State or the chief executive, other 26
than land mentioned in paragraph (a), on which light rail 27
transport infrastructure is located; or'. 28
s 30 33 s 32
Transport Legislation Amendment Bill 2005
Clause 30 Amendment of s 354 (Effect on land of light rail 1
declaration) 2
Section 354-- 3
insert-- 4
`(3A) If land, other than land mentioned in subsection (1), (2) or (3) 5
or unallocated State land, is declared under this part to be light 6
rail land, the land becomes unallocated State land.'. 7
Clause 31 Amendment of s 416 (Meaning of miscellaneous 8
transport infrastructure) 9
Section 416(1)(a)-- 10
insert-- 11
`Examples of infrastructure relating to the transportation, 12
13
movement, transmission or flow of anything--
14
· pipelines, whether underground or above ground, for
15
transporting chemical, gas or petroleum products, or
16
mineral slurry
17
· conveyor belts'.
Clause 32 Insertion of new ch 18, pt 6 18
Chapter 18, at the end-- 19
insert-- 20
`Part 6 Transitional provisions for the 21
Transport Legislation 22
Amendment Act 2005 23
`Division 1 Transitional provision for port 24
authorities 25
`539 Port authorities 26
`(1) This section applies to a port authority mentioned in schedule 27
6, definition port authority, paragraph (a), (b) or (c), as in 28
force immediately before the commencement of this section. 29
s 32 34 s 32
Transport Legislation Amendment Bill 2005
`(2) On the commencement-- 1
(a) the port authority continues in existence as if it had been 2
declared to be a port authority under a regulation under 3
section 274A; and 4
(b) the port or ports that the port authority is prescribed to 5
manage is the port or are the ports the port authority 6
managed immediately before the commencement. 7
`Division 2 Transitional provisions for busways 8
`540 Busway authorisation 9
`(1) If, immediately before the commencement, a person was an 10
authorised busway service provider, the person is, on the 11
commencement, taken to be an authorised busway user. 12
`(2) A reference in an Act or a document to an authorised busway 13
service provider may, if the context permits, be taken to be a 14
reference to an authorised busway user. 15
`541 Busway safety officers 16
`(1) If, immediately before the commencement, a person was a 17
busway safety officer under section 22 of the regulation the 18
person is, on the commencement, taken to be a busway safety 19
officer appointed under section 346B. 20
`(2) If, immediately before the commencement, the person held 21
office on conditions stated in an instrument of appointment or 22
signed notice, on the commencement the stated conditions 23
continue to apply to the appointment as if they were stated in 24
an instrument of appointment or a signed notice under section 25
346C. 26
`(3) If the person had been issued with an identity card under 27
section 24 of the regulation, on the commencement the 28
identity card is taken to have been issued under section 346D. 29
`(4) In this section-- 30
commencement means the commencement of this section. 31
s 33 35 s 34
Transport Legislation Amendment Bill 2005
regulation means the Transport Infrastructure (Busway) 1
Regulation 2002, as in force immediately before the 2
commencement. 3
`542 Offences 4
`Proceedings for an offence against the Transport 5
Infrastructure (Busway) Regulation 2002, section 7, 9 or 29, 6
may be continued, or started, as if the section had not been 7
repealed.'. 8
Clause 33 Amendment of sch 1 (Subject matter for regulations) 9
(1) Schedule 1, item 3, `or busways'-- 10
omit, insert-- 11
`, busways or busway transport infrastructure'. 12
(2) Schedule 1, item 12-- 13
insert-- 14
`(c) busways.'. 15
(3) Schedule 1, item 13, `busway'-- 16
omit, insert-- 17
`a busway or busway transport infrastructure'. 18
(4) Schedule 1, item 14, `busway or railway'-- 19
omit, insert-- 20
`busway or busway transport infrastructure or a railway'. 21
(5) Schedule 1, item 15(a), after `busway'-- 22
insert-- 23
`or busway transport infrastructure'. 24
Clause 34 Amendment of sch 6 (Dictionary) 25
(1) Schedule 6, definitions non-rail corridor land and port 26
authority-- 27
omit. 28
s 35 36 s 35
Transport Legislation Amendment Bill 2005
(2) Schedule 6-- 1
insert-- 2
`authorised busway user, for chapter 9, part 5, see section 3
335A. 4
busway common area see section 303A(2). 5
busway service provider, for chapter 9, part 5, see section 6
335A. 7
non-rail corridor land means-- 8
(a) old QR land declared to be non-rail corridor land; or 9
(b) land that was rail corridor land and for which the lease 10
previously granted to a railway manager has been 11
surrendered. 12
port authority-- 13
(a) means a port authority established under section 268 or 14
a body declared to be a port authority under a regulation 15
under section 274A; but 16
(b) does not include a port authority that has been abolished 17
under section 270 or for which the declaration has been 18
revoked under a regulation under section 274A. 19
relevant busway legislation, for chapter 9, part 6, see section 20
346A.'. 21
Part 3 Amendment of Transport 22
Operations (Marine Pollution) 23
Act 1995 24
Clause 35 Act amended in pt 3 25
This part amends the Transport Operations (Marine 26
Pollution) Act 1995. 27
s 36 37 s 39
Transport Legislation Amendment Bill 2005
Clause 36 Amendment of s 55A (Shipboard waste management 1
plan) 2
Section 55A(1)(a)-- 3
omit, insert-- 4
`(a) at least 35m in length overall; or'. 5
Clause 37 Insertion of new s 60A 6
Part 9, division 3-- 7
insert-- 8
`60A Obligation to monitor transfer operation 9
`The ship's owner and the ship's master must ensure that a 10
transfer operation is monitored by a member of the ship's 11
crew. 12
Maximum penalty--850 penalty units.'. 13
Clause 38 Amendment of s 92 (Purpose of division) 14
Section 92, after `powers given to'-- 15
insert-- 16
`the marine pollution controller and'. 17
Clause 39 Insertion of new ss 93A and 93B 18
After section 93-- 19
insert-- 20
`93A Marine pollution controller 21
`(1) To facilitate the State's fulfilment of its responsibility under 22
section 93(2), there is to be a marine pollution controller. 23
`(2) The marine pollution controller is the general manager. 24
`(3) The function of the marine pollution controller is to direct and 25
coordinate, for the State, the response by the State and other 26
entities if-- 27
(a) there is a discharge, or probable discharge, of pollutant 28
into coastal waters; and 29
s 39 38 s 39
Transport Legislation Amendment Bill 2005
(b) the discharge, or probable discharge, is serious or 1
potentially serious. 2
`(4) The marine pollution controller may perform his or her 3
function under this section only if the marine pollution 4
controller-- 5
(a) is reasonably satisfied it is necessary to perform the 6
function; and 7
(b) has given written notice to the chief executive that 8
states-- 9
(i) the marine pollution controller intends to perform 10
the function; and 11
(ii) an outline of the circumstances of the discharge or 12
probable discharge. 13
`(5) In performing his or her function, the marine pollution 14
controller has all the powers under this Act of-- 15
(a) the general manager; and 16
(b) an authorised officer. 17
`93B Protection from liability 18
`(1) Civil liability does not attach to a protected person because of 19
anything done or omitted to be done under this division as or 20
for the marine pollution controller in good faith without 21
reckless disregard for the possible occurrence of the personal 22
injury or loss or damage to property from which liability 23
would arise, if this section did not apply. 24
`(2) If subsection (1) prevents a civil liability attaching to a 25
protected person, the liability attaches instead to the State. 26
`(3) In this section-- 27
protected person means-- 28
(a) the marine pollution controller; or 29
(b) a person acting under the direction of the marine 30
pollution controller.'. 31
s 40 39 s 43
Transport Legislation Amendment Bill 2005
Clause 40 Amendment of s 98 (Power of intervention) 1
(1) Section 98(1), `grave and imminent'-- 2
omit, insert-- 3
`a potentially serious'. 4
(2) Section 98(5)(b)(i), `imminent'-- 5
omit, insert-- 6
`serious'. 7
Clause 41 Insertion of new s 132A 8
Part 15, division 2-- 9
insert-- 10
`132A Delegation by marine pollution controller 11
`The marine pollution controller may delegate the marine 12
pollution controller's powers under this Act to-- 13
(a) an employee of MSQ; or 14
(b) an authorised officer.'. 15
Part 4 Amendment of Transport 16
Operations (Marine Safety) Act 17
1994 18
Clause 42 Act amended in pt 4 19
This Act amends the Transport Operations (Marine Safety) 20
Act 1994. 21
Clause 43 Insertion of new s 87A 22
After section 87-- 23
insert-- 24
s 44 40 s 45
Transport Legislation Amendment Bill 2005
`87A Owner of ship lost, abandoned or stranded 1
`(1) This section applies if-- 2
(a) a ship is lost, abandoned or stranded; and 3
(b) a harbour master may, or is required to, give a direction 4
under this subdivision to a person about the ship. 5
`(2) For this division, the person who was the registered owner of 6
the ship immediately before the ship was lost, abandoned or 7
stranded is taken to be the owner of the ship and the person to 8
whom the direction may or must be given, unless the contrary 9
is proved. 10
`(3) Without limiting subsection (2), if a harbour master incurs 11
expense (whether the expense is the harbour master's expense 12
or the State's expense) in exercising a power under section 93 13
in relation to the direction, the person taken to be the owner 14
under subsection (2) is the person who is liable for the amount 15
of the expense that may, under section 94, be recovered from 16
the owner of the ship.'. 17
Clause 44 Amendment of s 95 (Temporary closure of pilotage area 18
by harbour master) 19
(1) Section 95(1), `urgently'-- 20
omit. 21
(2) Section 95(2), `immediately'-- 22
omit. 23
(3) Section 95(3), `urgently'-- 24
omit. 25
Clause 45 Insertion of new ss 125A and 125B 26
After section 125-- 27
insert-- 28
`125A Temporary declaration of exclusion zone by general 29
manager 30
`(1) The general manager may declare a stated area around a ship 31
involved in a marine incident to be an exclusion zone if the 32
s 46 41 s 46
Transport Legislation Amendment Bill 2005
general manager is reasonably satisfied the declaration is 1
required for a limited period to ensure safety. 2
`(2) The general manager must take the steps necessary to ensure 3
ships that may be affected by the declaration are aware of it, 4
including, for example, by a notice to mariners. 5
`(3) The general manager must revoke the declaration when the 6
general manager ceases to be satisfied that the exclusion zone 7
is still required to ensure safety. 8
`(4) The declaration ends 28 days after the declaration is made if it 9
is not earlier revoked. 10
`(5) When the declaration ends under subsection (3) or (4), the 11
general manager must immediately take the steps necessary to 12
ensure ships that may be affected by the exclusion zone are 13
aware of the ending of the exclusion zone. 14
`125B Failure to comply with declaration of exclusion zone 15
by general manager 16
`(1) This section applies if the general manager declares an 17
exclusion zone under section 125A. 18
`(2) A person must not, without the general manager's 19
permission-- 20
(a) cause a ship to enter or navigate in the exclusion zone, 21
unless the person has a reasonable excuse; or 22
(b) anchor, berth or moor a ship in the exclusion zone, 23
unless the person has a reasonable excuse. 24
Maximum penalty for subsection (2)--200 penalty units.'. 25
Clause 46 Insertion of new s 186A 26
Part 14, division 1, after section 186-- 27
insert-- 28
`186A Chief executive (fisheries) must disclose information 29
`(1) This section applies if-- 30
(a) the chief executive (transport) is satisfied, on grounds 31
that are reasonable in the circumstances, relevant 32
s 46 42 s 46
Transport Legislation Amendment Bill 2005
information held by the chief executive (fisheries) would 1
help in enhancing navigational safety and minimising 2
the risk of marine incidents; and 3
(b) the chief executive (transport) asks the chief executive 4
(fisheries) for the information. 5
`(2) The chief executive (fisheries) must disclose the relevant 6
information to the chief executive (transport). 7
`(3) Subsection (2) applies despite the Fisheries Act 1994, 8
including section 217A1 of that Act. 9
`(4) The chief executive (transport) must not disclose relevant 10
information obtained under subsection (1) unless-- 11
(a) the chief executive (transport) reasonably considers the 12
disclosure is necessary to-- 13
(i) prevent a marine incident; or 14
(ii) enable an entity to provide help to a person or ship 15
in distress at sea; or 16
(b) it is authorised by the person to whom the information 17
relates; or 18
(c) the disclosure is required by a court or tribunal in a 19
proceeding in which the information is relevant. 20
`(5) Despite subsection (4)(c), relevant information given to the 21
chief executive (transport) under this section is not admissible 22
in any proceedings under this Act against the person to whom 23
the information relates without the person's consent. 24
`(6) In this section-- 25
chief executive (fisheries) means the chief executive of the 26
department in which the Fisheries Act 1994 is administered. 27
chief executive (transport) means the chief executive of the 28
department in which this Act is administered. 29
relevant information means data sent from VMS equipment, 30
within the meaning of the Fisheries Act 1994, required by an 31
authority under that Act to be carried on a boat.'. 32
1 Fisheries Act 1994, section 217A (Authority to disclose personal information)
s 47 43 s 48
Transport Legislation Amendment Bill 2005
Clause 47 Insertion of new s 199A 1
After section 199-- 2
insert-- 3
`199A Court may make orders about compensation and 4
other matters 5
`(1) This section applies to a prosecution for an offence against 6
this Act. 7
`(2) If the court finds the defendant has contravened a direction of 8
a harbour master in contravention of this Act, the court may 9
order the defendant to pay to the State the amount the State 10
could have recovered under section 94(2). 11
`(3) If the court finds the defendant has unlawfully interfered with 12
an aid to navigation, or moored a ship to an aid to navigation, 13
in contravention of this Act and in a way that has damaged or 14
destroyed the aid, the court may order the defendant to pay to 15
the State-- 16
(a) if the defendant is the master or owner of a ship that 17
caused the damage or destruction--the amount the State 18
could have recovered under section 107A(3);2 or 19
(b) otherwise--an amount for the expense of repairing and 20
reinstating the aid to navigation. 21
`(4) An order under subsection (2) or (3) is in addition to any 22
penalty or other order the court may make or impose under 23
this Act. 24
`(5) In particular, this section does not limit the court's powers 25
under the Penalties and Sentences Act 1992 or any other law. 26
`(6) However, if a court makes an order under subsection (2) or (3) 27
in relation to a defendant, the State can not recover an amount, 28
under section 94(2) or 107A(3), from the defendant in relation 29
to the same direction, or damage or destruction.'. 30
Clause 48 Insertion of new s 205A 31
After section 205-- 32
2 Section 107A (Damage to an aid to navigation)
s 48 44 s 48
Transport Legislation Amendment Bill 2005
insert-- 1
`205A Inquiries about person's suitability to conduct 2
examinations or conduct training programs 3
`(1) The chief executive may make inquiries about a person to 4
help in deciding whether-- 5
(a) the person is a suitable person for approval, or to 6
continue to be approved, to-- 7
(i) conduct examinations for issuing licences; or 8
(ii) conduct training programs in the operation of 9
ships; or 10
(b) a corporation or unincorporated body for which the 11
person is a nominee is a suitable person for approval, or 12
to continue to be approved, to-- 13
(i) conduct examinations for issuing licences; or 14
(ii) conduct training programs in the operation of 15
ships; or 16
(c) a corporation of which the person is an executive officer 17
is a suitable person for approval, or to continue to be 18
approved, to-- 19
(i) conduct examinations for issuing licences; or 20
(ii) conduct training programs in the operation of 21
ships. 22
`(2) If asked by the chief executive, the commissioner of the 23
police service must give the chief executive a written report 24
about the person's criminal history. 25
`(3) Subsection (2) applies to the criminal history in the 26
commissioner's possession or to which the commissioner has 27
access. 28
`(4) A person (the first person) must not disclose, record or use 29
information about another person's criminal history that the 30
first person gained through involvement in the administration 31
of this Act other than-- 32
(a) in the discharge of a function under this Act; or 33
(b) if it is authorised-- 34
s 49 45 s 50
Transport Legislation Amendment Bill 2005
(i) under another Act or a regulation; or 1
(ii) by the person to whom the information relates; or 2
(c) to a court or tribunal in a proceeding in which the 3
information is relevant. 4
Maximum penalty--200 penalty units. 5
`(5) In this section-- 6
criminal history, of a person-- 7
(a) means the person's criminal history within the meaning 8
of the Criminal Law (Rehabilitation of Offenders) 9
Act 1986; and 10
(b) despite that Act, includes a charge or pending charge 11
made against the person for an offence, whether made in 12
Queensland or elsewhere, other than a charge the 13
proceedings for which have ended without a conviction 14
being recorded. 15
disclose information means-- 16
(a) intentionally or recklessly disclose the information; or 17
(b) allow access to the information.'. 18
Part 5 Amendment of Transport 19
Operations (Passenger 20
Transport) Act 1994 21
Clause 49 Act amended in pt 5 22
This part amends the Transport Operations (Passenger 23
Transport) Act 1994. 24
Clause 50 Insertion of new s 22B 25
Chapter 3, after section 22A-- 26
insert-- 27
s 51 46 s 51
Transport Legislation Amendment Bill 2005
`22B Accredited operator to notify if authorised driver 1
charged with or convicted of driver disqualifying 2
offence 3
`(1) This section applies if an accredited operator reasonably 4
believes that an authorised driver who drives a vehicle for the 5
operator has been charged with, or convicted of, a driver 6
disqualifying offence. 7
`(2) The accredited operator must immediately notify the chief 8
executive, in writing, about the charging or conviction of the 9
authorised driver. 10
Maximum penalty--10 penalty units. 11
`(3) However, the accredited operator need not comply with 12
subsection (2) if the operator reasonably believes the chief 13
executive has already been notified that the authorised driver 14
has been charged with, or convicted of, the driver 15
disqualifying offence. 16
`(4) The accredited operator is not liable, civilly, criminally or 17
under an administrative process, for complying with 18
subsection (2). 19
`(5) Without limiting subsection (4)-- 20
(a) in a proceeding for defamation, the accredited operator 21
has a defence of absolute privilege for publishing the 22
information; and 23
(b) if the accredited operator would otherwise be required to 24
maintain confidentiality about the information under an 25
Act, oath, rule of law or practice-- 26
(i) the accredited operator does not contravene the 27
requirement by disclosing the information; and 28
(ii) is not liable to disciplinary action for giving the 29
information.'. 30
Clause 51 Amendment of s 28B (Driver authorisation--category B 31
driver disqualifying offences) 32
Section 28B(5)(a), after `Young People'-- 33
insert-- 34
`and Child Guardian'. 35
s 52 47 s 55
Transport Legislation Amendment Bill 2005
Clause 52 Amendment of s 43 (Obligation to hold service contracts) 1
Section 43(1)(a)(ii), `that is not a service contract'-- 2
omit. 3
Clause 53 Amendment of s 62AAG (New service contract area or 4
route in the Translink area) 5
Section 62AAG(7), definition affected operator, paragraph 6
(a), `service area or route'-- 7
omit, insert-- 8
`service contract area or route'. 9
Clause 54 Amendment of ch 13, hdg (Transitional provisions) 10
Chapter 13, heading, after `Transitional'-- 11
insert-- 12
`and validation'. 13
Clause 55 Insertion of new ch 13, pt 3 14
After section 177-- 15
insert-- 16
`Part 3 Validation of particular service 17
contracts 18
`178 Validation of service contracts in Translink area 19
`(1) This section applies if, before the commencement of the 20
relevant section-- 21
(a) a person provided a public passenger service for a 22
service contract area or route that is in the Translink 23
area; and 24
(b) the public passenger service was provided under a 25
written agreement with the chief executive that was a 26
service contract. 27
s 56 48 s 56
Transport Legislation Amendment Bill 2005
`(2) The written agreement and anything done under the 1
agreement, is taken to be, and to have always been, as valid as 2
it would be if it were a written agreement with the chief 3
executive within the meaning of section 43(1)(a)(ii), entered 4
into after the commencement of the relevant section. 5
`(3) Without limiting subsection (2), the public passenger service 6
provided under the written agreement is taken to be, and to 7
have always been, as validly provided under the agreement as 8
it would have been if it had been provided after the 9
commencement of the relevant section. 10
`(4) Subsection (2) does not make invalid any instrument that is 11
valid. 12
`(5) In this section-- 13
relevant section means the Transport Legislation Amendment 14
Act 2005, section 52.'. 15
Clause 56 Amendment of sch 1A (Driver disqualification offences) 16
(1) Schedule 1A, part 1, division 2-- 17
insert-- 18
`3 Section 223 (Incest by adult female), if the person in 19
relation to whom the offence was committed was a child 20
when the offence was committed 21
4 Section 344 (Aggravated assaults), as the provision was 22
in force from 20 December 1946 until its repeal by the 23
Criminal Law Amendment Act 1997, if-- 24
(a) the circumstance of aggravation was that the 25
unlawful assault was an offence of a sexual nature 26
as defined by the Criminal Law Amendment Act 27
1945, section 2A; and 28
(b) the person in relation to whom the offence was 29
committed was a child when the offence was 30
committed.'. 31
(2) Schedule 1A, part 1-- 32
insert-- 33
s 57 49 s 58
Transport Legislation Amendment Bill 2005
`Division 3 Provisions of the Criminal Code 1
repealed by the Criminal Code, 2
Evidence Act and Other Acts 3
Amendment Act 1989 4
1 Section 212 (Defilement of girls under twelve) 5
2 Section 214 (Attempt to abuse girls under ten) 6
3 Section 220 (Unlawful detention with intent to defile or 7
in a brothel), if the person in relation to whom the 8
offence was committed was a child when the offence 9
was committed'. 10
(3) Schedule 1A, part 2, entry for Drugs Misuse Act 1986, item 4, 11
from `if'-- 12
omit, insert-- 13
`if-- 14
(a) paragraph (a) or (b) of the maximum penalty for the 15
provision applies; or 16
(b) paragraph (d) of the maximum penalty for the provision 17
applies, so far as it relates to a dangerous drug that is a 18
thing specified in the Drugs Misuse Regulation 1987, 19
schedule 1.'. 20
Part 6 Amendment of Transport 21
Operations (Road Use 22
Management) Act 1995 23
Clause 57 Act amended in pt 6 24
This part amends the Transport Operations (Road Use 25
Management) Act 1995. 26
Clause 58 Amendment of s 17A (Definition) 27
Section 17A, definition approval-- 28
s 59 50 s 62
Transport Legislation Amendment Bill 2005
insert-- 1
`(c) an authorised scheme under chapter 5, part 7A; 2
(d) the authorisation, under chapter 5, part 7A, of a person 3
to perform a role under an authorised scheme.'. 4
Clause 59 Amendment of s 19 (Procedure for amending, 5
suspending or cancelling approvals) 6
Section 19(6)(a), `operator'-- 7
omit, insert-- 8
`holder'. 9
Clause 60 Amendment of s 78 (Driving of motor vehicle without a 10
driver licence prohibited) 11
Section 78(3) and (6), `Queensland Road Rules'-- 12
omit, insert-- 13
`Transport Operations (Road Use Management--Road Rules) 14
Regulation 1999'. 15
Clause 61 Amendment of s 85 (Racing and speed trials on roads) 16
Section 85-- 17
insert-- 18
`(6) If the court convicts a person of an offence against subsection 19
(1), the court, in addition to imposing a penalty, must 20
disqualify the person from holding or obtaining a Queensland 21
driver licence for a period of at least 6 months.'. 22
Clause 62 Replacement of ch 5, pt 7, div 1 23
Chapter 5, part 7, division 1-- 24
omit, insert-- 25
s 63 51 s 63
Transport Legislation Amendment Bill 2005
`Division 1 Speed detection devices 1
`112 Use of speed detection devices 2
`When using a speed detection device, a police officer must 3
comply with the following, as in force from time to time-- 4
(a) for a radar speed detection device, AS 2898.2: Radar 5
speed detection--Operational procedures; 6
(b) for a laser-based speed detection device, AS 4691.2: 7
Laser-based speed detection devices--Operational 8
procedures.'. 9
Clause 63 Insertion of new ch 5, pt 7A 10
After section 121-- 11
insert-- 12
`Part 7A Crossing supervisor scheme 13
`Division 1 Definitions 14
`122 Definitions for pt 7A 15
`In this part-- 16
applicant means a person applying for authority to act as a 17
crossing supervisor. 18
authorised scheme see section 122A(1)(a). 19
authority means authority to perform a role under an 20
authorised scheme. 21
criminal history, of a person who is an applicant or crossing 22
supervisor-- 23
(a) means the following-- 24
(i) the date of conviction for a disqualifying offence or 25
the date a charge of a disqualifying offence was 26
laid, whether before or after the commencement of 27
this section; 28
s 63 52 s 63
Transport Legislation Amendment Bill 2005
(ii) the name of the Act, and the provision, under 1
which the disqualifying offence is created; 2
(iii) for a conviction for a disqualifying offence--the 3
penalty or other order made in relation to the 4
conviction;3 and 5
(b) despite section 64 of the Criminal Law (Rehabilitation of 6
Offenders) Act 1986, includes a conviction of the person 7
to which that section applies; and 8
(c) despite section 55 of the Criminal Law (Rehabilitation of 9
Offenders) Act 1986, includes a charge made against the 10
person for a disqualifying offence. 11
crossing supervisor see section 122A(1)(b). 12
disqualifying offence means-- 13
(a) a serious child-related sexual offence, or serious 14
offence, under the Commission for Children and Young 15
People and Child Guardian Act 2000; or 16
(b) an offence against a provision of the Criminal Code 17
mentioned in schedule 2; or 18
(c) an offence against the Drugs Misuse Act 1986, part 2;6 19
or 20
(d) an offence similar to an offence mentioned in paragraph 21
(a), (b) or (c) committed outside Queensland. 22
`Division 2 Scheme and authorisation of 23
persons under scheme 24
`122A Chief executive may authorise scheme 25
`(1) The chief executive may-- 26
3 See schedule 4 (Dictionary), which defines convicting.
4 Criminal Law (Rehabilitation of Offenders) Act 1986, section 6 (Non-disclosure of
convictions upon expiration of rehabilitation period)
5 Criminal Law (Rehabilitation of Offenders) Act 1986, section 5 (Matter excluded
from criminal history)
6 Drugs Misuse Act 1986, part 2 (Drug trafficking)
s 63 53 s 63
Transport Legislation Amendment Bill 2005
(a) authorise a scheme to help children to safely cross roads 1
(an authorised scheme); and 2
(b) authorise a person to perform a role under the scheme (a 3
crossing supervisor). 4
`(2) An authorised scheme comes into force on the day stated in 5
the scheme. 6
`122B Unauthorised person must not act as crossing 7
supervisor 8
`(1) A person must not perform a role under an authorised scheme 9
as a crossing supervisor unless the person is a crossing 10
supervisor. 11
Maximum penalty--20 penalty units. 12
`(2) A person must not hold himself or herself out as being a 13
crossing supervisor if the person is not authorised as a 14
crossing supervisor under an authorised scheme. 15
Maximum penalty--20 penalty units. 16
`122C Chief executive may refuse to authorise person 17
under scheme 18
`The chief executive may refuse to authorise a person to 19
perform a role under an authorised scheme if the person-- 20
(a) has been convicted of a disqualifying offence; or 21
(b) has been charged with a disqualifying offence and the 22
charge has not been finally dealt with; or 23
(c) has previously had the person's authority to act as a 24
crossing supervisor cancelled under this part. 25
`122D Chief executive may impose conditions on authority 26
`The chief executive may authorise a person to perform a role 27
under an authorised scheme subject to conditions. 28
s 63 54 s 63
Transport Legislation Amendment Bill 2005
`122E Notice to be given about refusal or imposition of 1
condition 2
`(1) This section applies if the chief executive-- 3
(a) refuses to authorise a person to perform a role under an 4
authorised scheme; or 5
(b) authorises a person to perform a role under an 6
authorised scheme subject to conditions. 7
`(2) The chief executive must inform the person of the decision by 8
written notice. 9
`(3) The notice must state-- 10
(a) the reasons for the decision; and 11
(b) that the person may, under section 65, ask for the 12
decision to be reviewed and appeal against the reviewed 13
decision. 14
`(4) The decision takes effect on the day the notice is given to the 15
person. 16
`Division 3 Criminal history 17
`122F Criminal history to be disclosed by applicants and 18
crossing supervisors 19
`(1) A person who is an applicant or a crossing supervisor must, 20
by written notice as required by subsection (2), give the chief 21
executive details of the person's criminal history. 22
Maximum penalty--40 penalty units. 23
`(2) The applicant or crossing supervisor must give the written 24
notice-- 25
(a) for a charge laid or an offence of which the applicant is 26
convicted before the application is made--with the 27
application; or 28
(b) for a charge laid or an offence of which the applicant is 29
convicted after the application is made but before the 30
application is decided--as soon as practicable after the 31
charge is laid or the applicant is convicted; or 32
s 63 55 s 63
Transport Legislation Amendment Bill 2005
(c) for a charge laid or an offence of which the crossing 1
supervisor is convicted after becoming a crossing 2
supervisor--as soon as practicable after the charge is 3
laid or the crossing supervisor is convicted. 4
`122G Crossing supervisor may surrender authority 5
`(1) A crossing supervisor who fails to give a notice required by 6
section 122F(2)(c) does not commit an offence if, as soon as 7
practicable after the requirement arises, the crossing 8
supervisor gives the chief executive written notice that the 9
crossing supervisor will immediately stop acting as a crossing 10
supervisor. 11
`(2) If a crossing supervisor gives the chief executive a notice 12
under subsection (1), the crossing supervisor's authority to 13
perform a role under an authorised scheme is taken to be 14
cancelled on the day the notice is given to the chief executive. 15
`122H Chief executive may ask commissioner for criminal 16
history 17
`(1) The chief executive may ask the commissioner for a written 18
report about the criminal history of a person who is an 19
applicant. 20
`(2) The chief executive may, at any time, ask the commissioner 21
for a written report about the criminal history of a person who 22
is a crossing supervisor if the chief executive is satisfied, on 23
reasonable grounds, it is necessary to do so to ensure the 24
protection of children. 25
`(3) If requested, the commissioner must give the chief executive a 26
written report about the criminal history of the person-- 27
(a) that is in the commissioner's possession; or 28
(b) to which the commissioner ordinarily has access 29
through arrangements with the police service of the 30
Commonwealth or another State. 31
`(4) This section expires 1 year after it commences. 32
s 63 56 s 63
Transport Legislation Amendment Bill 2005
`Division 4 Amendment, suspension and 1
cancellation of authorities 2
`122I Grounds for amending, suspending or cancelling 3
authority 4
`Each of the following is a ground for amending, suspending 5
or cancelling a person's authority as a crossing supervisor-- 6
(a) the person has, since becoming a crossing supervisor, 7
been charged with, or convicted of, a disqualifying 8
offence; 9
(b) the chief executive considers-- 10
(i) public safety, particularly the safety of children, 11
has been endangered, or is likely to be endangered, 12
because of the authority; or 13
(ii) it is otherwise necessary in the public interest; 14
(c) the authority was issued by error or was granted because 15
of a false or fraudulent document, statement or 16
representation; 17
(d) the person has contravened a condition of the authority; 18
(e) the person can no longer perform the role of a crossing 19
supervisor satisfactorily, including because of any 20
known medical condition or physical or mental 21
incapacity. 22
`122J Show cause procedure for amending, suspending or 23
cancelling authority 24
`If the chief executive considers a ground exists to amend, 25
suspend or cancel a crossing supervisor's authority (the 26
proposed action), the chief executive must give the crossing 27
supervisor written notice stating-- 28
(a) the proposed action; and 29
(b) the ground for the proposed action; and 30
(c) an outline of the facts and circumstances forming the 31
basis for the ground; and 32
s 63 57 s 63
Transport Legislation Amendment Bill 2005
(d) if the proposed action is to amend the authority, 1
including a condition of the authority--the proposed 2
amendment; and 3
(e) if the proposed action is to suspend the authority--the 4
proposed suspension period; and 5
(f) an invitation to the crossing supervisor to show in 6
writing, within a stated time of at least 28 days, why the 7
proposed action should not be taken. 8
`122K Amending, suspending or cancelling authority 9
`(1) If, after considering all the written representations made 10
within the stated time under section 122J(f), the chief 11
executive still considers a ground exists to take proposed 12
action, the chief executive may-- 13
(a) if the proposed action was to amend the 14
authority--amend the authority in the way stated in the 15
notice; or 16
(b) if the proposed action was to suspend the authority-- 17
(i) amend the authority in the way the chief executive 18
considers appropriate; or 19
(ii) suspend the authority for no longer than the period 20
stated in the notice; or 21
(c) if the proposed action was to cancel the authority-- 22
(i) amend the authority in a way the chief executive 23
considers appropriate; or 24
(ii) suspend the authority for a period; or 25
(iii) cancel the authority. 26
`(2) However, if the proposed action relates to a matter that is the 27
subject of a proceeding before a court that has not been finally 28
decided, the chief executive-- 29
(a) need not make a final decision under subsection (1) until 30
the proceeding is finally decided; but 31
s 63 58 s 63
Transport Legislation Amendment Bill 2005
(b) must make the decision as soon as reasonably 1
practicable after the proceeding is decided. 2
`(3) This section does not apply if section 122P7 applies. 3
`122L Notice to be given to crossing supervisor 4
`(1) The chief executive must inform the crossing supervisor by 5
written notice about the chief executive's decision under 6
section 122K(1). 7
`(2) If the chief executive decides to amend, suspend or cancel the 8
authority, the notice must state-- 9
(a) the reasons for the decision; and 10
(b) that the crossing supervisor may-- 11
(i) under section 65, ask for the decision to be 12
reviewed and appeal against the reviewed decision; 13
and 14
(ii) under the Transport Planning and Coordination 15
Act 1994, part 5, ask for the decision or the 16
reviewed decision to be stayed. 17
`(3) The decision takes effect on the later of the following-- 18
(a) the day the notice is given to the crossing supervisor; 19
(b) the day stated in the notice. 20
`122M Grounds for immediate suspension of authority 21
`(1) Despite section 122J, the chief executive may immediately 22
suspend a crossing supervisor's authority, by written notice 23
given to the crossing supervisor, if the chief executive 24
reasonably believes it is necessary because-- 25
(a) public safety, particularly the safety of children, has 26
been endangered, or is likely to be endangered, because 27
of the authority; or 28
(b) it is otherwise necessary in the public interest. 29
7 Section 122P (Other amendments of authorities)
s 63 59 s 63
Transport Legislation Amendment Bill 2005
`(2) Without limiting the chief executive's powers under 1
subsection (1), it is enough to immediately suspend a crossing 2
supervisor's authority if-- 3
(a) a person complains to a police officer about the crossing 4
supervisor's conduct and the chief executive reasonably 5
believes-- 6
(i) the complaint is not trivial, vexatious or otherwise 7
lacking in substance; and 8
(ii) the alleged conduct complained of justifies taking 9
action under subsection (1); or 10
(b) having regard to statements or other information about 11
the crossing supervisor's conduct given to the chief 12
executive, the chief executive reasonably believes the 13
statements or other information justifies taking action 14
under subsection (1). 15
`122N Procedure for immediate suspension of authority 16
`(1) If the chief executive immediately suspends an authority, the 17
suspension-- 18
(a) takes effect on the day the notice is given to the crossing 19
supervisor; and 20
(b) has effect until-- 21
(i) if the chief executive informs the crossing 22
supervisor of the chief executive's decision by 23
notice under section 122L--the day the decision 24
takes effect under section 122L(3); or 25
(ii) if the decision is set aside on review or appeal--the 26
day the decision is set aside; or 27
(iii) otherwise--the end of 56 days after the notice is 28
given to the crossing supervisor or the end of any 29
further period or periods by which the suspension 30
is extended under subsection (3). 31
`(2) If the chief executive immediately suspends an authority, the 32
notice under section 122M(1) must state-- 33
(a) the reasons for the decision; and 34
s 63 60 s 63
Transport Legislation Amendment Bill 2005
(b) the general effect of subsection (1)(b); and 1
(c) that the crossing supervisor may-- 2
(i) under section 65, ask for the decision to be 3
reviewed and appeal against the reviewed decision; 4
and 5
(ii) under the Transport Planning and Coordination 6
Act 1994, part 5, ask for the decision or the 7
reviewed decision to be stayed. 8
`(3) If the immediate suspension of an authority relates to a matter 9
that is the subject of a proceeding before a court that has not 10
been finally decided, the chief executive-- 11
(a) may extend the suspension for a further period or 12
periods until the proceeding is finally decided; but 13
(b) must make a decision about whether to take proposed 14
action under section 122K as soon as practicable after 15
the proceeding is decided. 16
`122O Further action after immediate suspension 17
`(1) This section applies if-- 18
(a) under section 122M, the chief executive immediately 19
suspends a crossing supervisor's authority; and 20
(b) the chief executive proposes, under section 122J, to 21
amend, further suspend or cancel the crossing 22
supervisor's authority (also the proposed action). 23
`(2) The chief executive must, within 14 days after immediately 24
suspending the crossing supervisor's authority, give the 25
crossing supervisor a notice that states-- 26
(a) the information mentioned in section 122J(a), (b) and 27
(c) in relation to the proposed action; and 28
(b) if the proposed action is to amend the authority, 29
including a condition of the authority--the proposed 30
amendment; and 31
(c) if the proposed action is further suspension of the 32
authority--the proposed suspension period; and 33
s 64 61 s 64
Transport Legislation Amendment Bill 2005
(d) an invitation to the crossing supervisor to show cause in 1
writing, within a stated time of at least 28 days, why the 2
proposed action should not be taken. 3
`(3) The notice under subsection (2) may be combined with the 4
notice given to the crossing supervisor under section 122M. 5
`(4) Sections 122K and 122L apply to the proposed action as if the 6
notice had been given under section 122J. 7
`(5) Despite subsection (4), section 122K(1)(b)(ii) or (c)(ii) does 8
not limit the chief executive's powers to extend the period of 9
suspension under section 122N(3). 10
`122P Other amendments of authorities 11
`(1) This section applies only if the chief executive proposes to 12
amend a crossing supervisor's authority-- 13
(a) for a formal or clerical reason; or 14
(b) in another way that does not adversely affect the 15
crossing supervisor's interests; or 16
(c) because the crossing supervisor asks. 17
`(2) The chief executive may make amendments of a type 18
mentioned in subsection (1) by written notice given to the 19
crossing supervisor.'. 20
Clause 64 Amendment of s 124 (Facilitation of proof) 21
(1) Section 124(1)(p)-- 22
omit, insert-- 23
`(p) a certificate purporting to be signed by the chief 24
executive, the commissioner or a superintendent stating 25
a specified stop watch, other watch or speedometer has 26
been tested and found to produce accurate results at the 27
time of testing is evidence the stop watch, other watch or 28
speedometer was producing accurate results at the time 29
of testing and for 6 months after the day of testing;'. 30
(2) Section 124(1)(pa), `Australian Standard 2898.1'-- 31
omit, insert-- 32
s 65 62 s 66
Transport Legislation Amendment Bill 2005
`AS 2898.2: Radar speed detection--Operational procedures'. 1
(3) Section 124(1)(pc), from `60 days'-- 2
omit, insert-- 3
`6 months after the day of testing;'. 4
(4) Section 124(1)(pd), `laser'-- 5
omit, insert-- 6
`laser-based'. 7
Clause 65 Insertion of new s 129B 8
After section 129A-- 9
insert-- 10
`129B Disqualification period for person driving more than 11
40km/h over speed limit 12
`(1) This section applies if-- 13
(a) a person is convicted of an offence against a regulation 14
for driving more than 40km/h over the speed limit; and 15
(b) the court that convicts the person decides, under the 16
Penalties and Sentences Act 1992, section 187,8 to 17
disqualify the person from holding or obtaining a driver 18
licence for a period.'. 19
`(2) The disqualification must be for a period of at least 6 20
months.'. 21
Clause 66 Omission of s 132 (Appeals against licence suspension 22
under regulations) 23
Section 132-- 24
omit. 25
8 Penalties and Sentences Act 1992, section 187 (Disqualification from holding driver
licence)
s 67 63 s 67
Transport Legislation Amendment Bill 2005
Clause 67 Amendment of s 134 (Alteration and defacing of numbers 1
etc.) 2
(1) Section 134, heading-- 3
omit, insert-- 4
`134 Altering, defacing or removing identifying numbers'. 5
(2) Section 134(a), from `any number' to `such engine or 6
chassis'-- 7
omit, insert-- 8
`an identifying number on a motor vehicle'. 9
(3) Section 134(b), `the engine or chassis of any motor vehicle 10
any'-- 11
omit, insert-- 12
`a motor vehicle a'. 13
(4) Section 134(b), `the number of such engine or chassis'-- 14
omit, insert-- 15
`an identifying number'. 16
(5) Section 134(b)(i), `such engine or chassis'-- 17
omit, insert-- 18
`the motor vehicle'. 19
(6) Section 134(b)(ii), `such number on such engine or chassis, as 20
the case may be'-- 21
omit, insert-- 22
`the identifying number on the motor vehicle'. 23
(7) Section 134(c), `the engine number or chassis number'-- 24
omit, insert-- 25
`an identifying number'. 26
(8) Section 134(c), `any engine number or chassis number'-- 27
omit, insert-- 28
`an identifying number'. 29
(9) Section 134, penalty-- 30
s 68 64 s 70
Transport Legislation Amendment Bill 2005
omit, insert-- 1
`Maximum penalty--100 penalty units or 1 year's 2
imprisonment.'. 3
Clause 68 Omission of s 138 (Scheme to facilitate children crossing 4
streets) 5
Section 138-- 6
omit. 7
Clause 69 Amendment of s 150 (Regulating driver management) 8
Section 150-- 9
insert-- 10
`(1A) Without limiting subsection (1)(c), a regulation may provide 11
that a court may make orders, on the basis of special hardship, 12
authorising persons whose licences have been suspended to 13
continue to drive motor vehicles under the licences in stated 14
circumstances, including, for example-- 15
(a) how applications for the orders are to be made; and 16
(b) the criteria to be used in deciding applications for the 17
orders; and 18
(c) the type of conditions that may be included in the 19
orders; and 20
(d) variation of the orders; and 21
(e) the consequences for failing to comply with the orders, 22
including, for example, the creation of offences and the 23
disqualification of persons from holding or obtaining 24
driver licences.'. 25
Clause 70 Insertion of new s 150A 26
Chapter 5, part 10, after section 150-- 27
insert-- 28
s 71 65 s 71
Transport Legislation Amendment Bill 2005
`150A Regulating form of licence 1
`(1) A regulation may provide for the form of a licence under this 2
Act, including the information to be included on a licence. 3
`(2) Without limiting subsection (1), a regulation may provide that 4
a licence under this Act may include information that 5
identifies the holder of the licence as being the holder of a 6
licence under another Act. 7
8
Example for subsection (2)--
9
A regulation may provide that a licence issued under this Act may
10
include information indicating the holder of the licence also holds a
11
licence under the Transport Operations (Marine Safety) Act 1994.'.
Clause 71 Insertion of new ch 7, pt 7 12
After section 198-- 13
insert-- 14
`Part 7 Transitional provisions for the 15
Transport Legislation 16
Amendment Act 2005 17
`199 Transitional provision for offences against s 85 18
`(1) This section applies if, after the commencement of this 19
section-- 20
(a) a person is convicted of an offence against section 85(1); 21
and 22
(b) the act for which the person is convicted (the relevant 23
act) happened before the commencement. 24
`(2) Section 85(6) applies to the conviction of the person as if the 25
relevant act had happened after the commencement. 26
`200 Transitional provision for evidentiary certificates 27
under s 124 28
`(1) This section applies to a certificate under section 124(1)(p) or 29
(pc) that was-- 30
(a) signed before the commencement of this section; and 31
s 71 66 s 71
Transport Legislation Amendment Bill 2005
(b) in force immediately before the commencement. 1
`(2) The certificate continues to be evidence of the matters stated 2
in it for the period it would have been evidence of the matters 3
if this Act had not commenced. 4
`201 Transitional provision for s 129B 5
`(1) This section applies if-- 6
(a) after the commencement of this section, a person is 7
convicted of an offence against a regulation for driving 8
more than 40km/h over the speed limit (the driving at 9
excessive speed); and 10
(b) the court that convicts the person decides, under the 11
Penalties and Sentences Act 1992, section 187,9 to 12
disqualify the person from holding or obtaining a driver 13
licence for a period; and 14
(c) the driving at excessive speed for which the person is 15
convicted happened before the commencement. 16
`(2) Section 129B(2) applies to the conviction of the person as if 17
the driving at excessive speed had happened after the 18
commencement. 19
`202 Transitional regulation-making power 20
`(1) A regulation (a transitional regulation) may make provision 21
about a matter for which it is necessary to make provision to 22
allow or facilitate the doing of anything to achieve the 23
transition from the operation of a section 132 regulation to the 24
operation of a section 150(1A) regulation. 25
`(2) Without limiting subsection (1), a transitional regulation may 26
provide that-- 27
(a) an appeal under a section 132 regulation is taken to be 28
an application for an order under a section 150(1A) 29
regulation; or 30
9 Penalties and Sentences Act 1992, section 187 (Disqualification from holding driver
licence)
s 71 67 s 71
Transport Legislation Amendment Bill 2005
(b) a court may make an order, under a section 150(1A) 1
regulation, in relation to the suspension of a licence that 2
occurred before the commencement of the regulation. 3
`(3) This section and a transitional regulation expire 5 years after 4
the commencement of this section. 5
`(4) In this section-- 6
section 132 regulation means a regulation made under section 7
132, as in force before the commencement of this section. 8
section 150(1A) regulation means a regulation under section 9
150(1A). 10
`203 Transitional power for authorised schemes and 11
crossing supervisors 12
`(1) If, immediately before the commencement, a scheme to help 13
children safely cross roads was an authorised scheme under 14
repealed section 138, on the commencement the scheme, with 15
necessary changes, is taken to be an authorised scheme under 16
chapter 5, part 7A as if it had been authorised under section 17
122A(1)(a). 18
`(2) If, immediately before the commencement, a person was a 19
crossing supervisor under repealed section 138, on the 20
commencement the person is taken to be a crossing supervisor 21
under chapter 5, part 7A as if the person had been authorised 22
under section 122A(1)(b). 23
`(3) An application under repealed section 138 to authorise a 24
scheme, or authorise a person to perform a function or 25
exercise a power under the scheme, made, but not decided, 26
before the commencement may be decided under chapter 5, 27
part 7A as if it were an application made under that part to 28
authorise a scheme or authorise a person to perform a role. 29
`(4) In this section-- 30
commencement means the commencement of this section. 31
repealed section 138 means section 138, as in force 32
immediately before the commencement of this section.'. 33
s 72 68 s 72
Transport Legislation Amendment Bill 2005
Clause 72 Replacement of sch 2 (Disqualifying offences--crossing 1
supervisors) 2
Schedule 2-- 3
omit, insert-- 4
`Schedule 2 Disqualifying offences under 5
the Criminal Code--crossing 6
supervisors 7
section 122, definition disqualifying offence, paragraph (b) 8
section 226 (Supplying drugs or instruments to procure 9
abortion) 10
section 227 (Indecent acts) 11
section 307 (Accessory after the fact to murder) 12
section 308 (Threats to murder in document) 13
section 314 (Concealing the birth of children) 14
section 320 (Grievous bodily harm) 15
section 321 (Attempting to injure by explosive or noxious 16
substances) 17
section 321A (Bomb hoaxes) 18
section 323 (Wounding and similar acts) 19
section 327 (Setting mantraps) 20
section 328 (Negligent acts causing harm) 21
section 335 (Common assault) 22
section 339 (Assaults occasioning bodily harm) 23
section 340 (Serious assaults) 24
section 355 (Deprivation of liberty) 25
section 356 (False certificates by officers charged with duties 26
relating to liberty) 27
s 73 69 s 74
Transport Legislation Amendment Bill 2005
section 359 (Threats) 1
section 359E (Punishment of unlawful stalking)'. 2
Clause 73 Amendment of sch 3 (Reviewable decisions) 3
Schedule 3-- 4
insert-- 5
`122C Refusing to authorise a person Magistrates
122D Imposing conditions on an authority Magistrates
122K(1) Amending, suspending or cancelling an authority Magistrates
122M(1) Immediately suspending an authority Magistrates'.
Clause 74 Amendment of sch 4 (Dictionary) 6
(1) Schedule 4, definitions bicycle, criminal history, disqualifying 7
offence, power-assisted bicycle, power-assisted cycle, 8
power-assisted tricycle, power source and wheeled 9
recreational device-- 10
omit. 11
(2) Schedule 4-- 12
insert-- 13
`applicant, for chapter 5, part 7A, see section 122. 14
authorised scheme, for chapter 5, part 7A, see section 15
122A(1)(a). 16
authority, for chapter 5, part 7A, see section 122. 17
bicycle means a vehicle with 2 or more wheels that is built to 18
be propelled by human power through a belt, chain or gears, 19
whether or not it has an auxiliary motor, and-- 20
(a) includes a pedicab, penny-farthing and tricycle; but 21
(b) does not include a wheelchair, wheeled recreational 22
device, wheeled toy, or any vehicle with an auxiliary 23
motor capable of generating a power output over 200 24
watts whether or not the motor is operating. 25
chassis number, of a motor vehicle, means an identification 26
number of the chassis that is permanently marked on the 27
s 74 70 s 74
Transport Legislation Amendment Bill 2005
chassis or another part of the motor vehicle, but does not 1
include the motor vehicle's VIN. 2
criminal history-- 3
(a) for section 17B--see section 17B(5); and 4
(b) for chapter 5, part 7A--see section 122. 5
crossing supervisor, for chapter 5, part 7A, see section 6
122A(1)(b). 7
disqualifying offence-- 8
(a) for chapter 5, part 7A--see section 122; and 9
(b) otherwise--means an offence against the Criminal 10
Code. 11
engine number, of a motor vehicle, means an identification 12
number of the engine that is permanently marked on the 13
engine of the motor vehicle, but does not include the motor 14
vehicle's VIN. 15
identifying number, of a motor vehicle, means the motor 16
vehicle's-- 17
(a) chassis number; or 18
(b) engine number; or 19
(c) VIN. 20
proposed action see section 122J. 21
VIN, of a motor vehicle, means the unique vehicle 22
identification number assigned to the motor vehicle. 23
wheeled recreational device means a wheeled device, built to 24
transport a person, propelled by human power or gravity, and 25
ordinarily used for recreation and play, and-- 26
(a) includes rollerblades, rollerskates, a skateboard, scooter, 27
unicycle or similar wheeled device; but 28
(b) does not include a golf buggy, pram, stroller or trolley, a 29
motor-assisted device (whether or not the motor is 30
operating), or a bicycle, wheelchair or wheeled toy.'. 31
s 75 71 s 78
Transport Legislation Amendment Bill 2005
Part 7 Amendment of Transport 1
Planning and Coordination Act 2
1994 3
Clause 75 Act amended in pt 7 4
This part amends the Transport Planning and Coordination 5
Act 1994. 6
Clause 76 Amendment of s 3 (Definitions) 7
Section 3, definition public passenger transport 8
infrastructure-- 9
insert-- 10
`(i) a road on which a public passenger service operates.'. 11
Clause 77 Amendment of s 8D (Impact of change of management of 12
local government road on public passenger transport) 13
(1) Section 8D(5)-- 14
omit. 15
(2) Section 8D(6) to (8)-- 16
renumber as section 8D(5) to (7). 17
Clause 78 Amendment of s 8E (Guidelines for ss 8B-8D) 18
(1) Section 8E(1)-- 19
insert-- 20
`(c) making proposals in relation to the provision of public 21
passenger transport.'. 22
(2) Section 8E-- 23
insert-- 24
`(1A) The guidelines may also include other matters relevant to 25
subsection (1).'. 26
s 79 72 s 82
Transport Legislation Amendment Bill 2005
Clause 79 Amendment of s 36DA (Commissioner for Children and 1
Young People) 2
(1) Section 36DA, heading, after `Young People'-- 3
insert-- 4
`and Child Guardian'. 5
(2) Section 36DA(2), after `Young People'-- 6
insert-- 7
`and Child Guardian'. 8
Part 8 Amendment of Transport 9
(South Bank Corporation Area 10
Land) Act 1999 11
Clause 80 Act amended in pt 8 12
This part amends the Transport (South Bank Corporation 13
Area Land) Act 1999. 14
Clause 81 Insertion of new pt 1, hdg 15
Before section 1-- 16
insert-- 17
`Part 1 Preliminary'. 18
Clause 82 Insertion of new pt 2, hdg 19
After section 1-- 20
insert-- 21
`Part 2 Provisions for construction of 22
the busway in or about South 23
Bank'. 24
s 83 73 s 86
Transport Legislation Amendment Bill 2005
Clause 83 Amendment of s 2 (Exclusion of land from South Bank 1
Corporation area) 2
Section 2, `the schedule'-- 3
omit, insert-- 4
`schedule 1'. 5
Clause 84 Amendment of s 3 (Validation of certain notices of 6
intention to resume) 7
Section 3, `the schedule'-- 8
omit, insert-- 9
`schedule 1'. 10
Clause 85 Amendment of s 4 (Effect of certain proclamations) 11
Section 4(1), `the schedule'-- 12
omit, insert-- 13
`schedule 1'. 14
Clause 86 Insertion of new pt 3 15
After section 4-- 16
insert-- 17
`Part 3 Provisions on completion of 18
construction of the busway in 19
or about South Bank 20
`5 Purpose of pt 3 21
`The purpose of this part is to provide for land dealt with in 22
part 2, and other land, after the completion of the construction 23
of the busway in or about South Bank. 24
`6 Definitions for pt 3 25
`In this part-- 26
s 86 74 s 86
Transport Legislation Amendment Bill 2005
corporation means the corporation established by the South 1
Bank Corporation Act 1989. 2
corporation area means the corporation area as defined under 3
the South Bank Corporation Act 1989. 4
`7 Inclusion of land in corporation area 5
`(1) The land mentioned in schedule 1 is taken to be included in 6
the corporation area. 7
`(2) Subsection (1) has effect, or is taken to have had effect-- 8
(a) for the land mentioned in schedule 1, item 11, on 25 9
August 1998; and 10
(b) for the land mentioned in schedule 1, item 10, on 10 11
September 1998; and 12
(c) for the land mentioned in schedule 1, items 17, 18 and 13
20 to 23, on 22 April 1999; and 14
(d) for the land mentioned in schedule 1, items 1 to 9, 12 to 15
16 and 19, on the commencement of this section. 16
`8 Exclusion of land from corporation area 17
`(1) The land mentioned in schedule 2 is taken to be excluded 18
from the corporation area as that area is varied by section 7. 19
`(2) Subsection (1) has effect, or is taken to have had effect-- 20
(a) for land mentioned in schedule 2, items 1 to 5, on 15 21
May 1998; and 22
(b) for land mentioned in schedule 2, item 6, on 25 August 23
1998; and 24
(c) for land mentioned in schedule 2, item 7, on 10 25
September 1998; and 26
(d) for land mentioned in schedule 2, items 8 to 11, on 22 27
April 1999; and 28
(e) for land mentioned in schedule 2, items 12 to 43, on the 29
commencement of this section. 30
s 86 75 s 86
Transport Legislation Amendment Bill 2005
`9 Ownership of particular land 1
`(1) On registration of the following plans the land described by 2
reference to the following lots on the plans is vested in the 3
State in fee simple-- 4
· Lot 111 on SP141936 5
· Lot 112 on SP141937 6
· Lot 116 on SP150310 7
· Lot 138 on SP150332. 8
`(2) Any easement, lease, right, privilege or other interest in 9
relation to the land mentioned in subsection (1) is, on the 10
vesting of the land in the State, extinguished. 11
`(3) No compensation is payable for the extinguishment of an 12
easement, lease, right, privilege or other interest under 13
subsection (2). 14
`10 Registrar may register instruments etc. 15
`(1) The registrar of titles may register all plans and other 16
instruments and record the particulars of the lots in the 17
freehold land register to give effect to section 9. 18
`(2) The registrar of titles may do anything necessary and 19
convenient to give effect to sections 7 to 9. 20
`11 Recording of vesting of land 21
`The registrar of titles or anyone else required or permitted to 22
record particulars necessary to identify interests in land may, 23
on the written request of the chief executive, record the 24
particulars of any interest in land vested in the State under this 25
part. 26
`12 State may sign plans and other documents 27
`(1) This section applies if, under another Act, another entity is 28
required to give approval to a plan or other instrument that is 29
required to give effect to this part. 30
s 87 76 s 87
Transport Legislation Amendment Bill 2005
`(2) Despite that Act, the entity's approval is not required and it is 1
sufficient for the chief executive to-- 2
(a) give approval to the plan or other instrument; and 3
(b) sign the plan or other instrument required to give effect 4
to this part. 5
`(3) Without limiting subsection (2), the Integrated Planning Act 6
1997, chapter 3, part 7, does not apply to a plan that is 7
required to give effect to this part. 8
`(4) If, under subsection (3), the Integrated Planning Act 1997, 9
chapter 3, part 7, does not apply to a plan, the Land Title Act 10
1994, sections 50(g) and (h) and 83(2) do not apply to the 11
registration of the plan. 12
`13 Exemption from fees and charges 13
`No fee or charge, including any duty under the Duties Act 14
2001, is payable by the State, the corporation or Queensland 15
Rail in relation to dealings with land to give effect to this part. 16
`14 Management statement terminated 17
`On registration of the plans mentioned in section 9, a 18
management statement relating to the land (section 9 land) 19
described in that section, and in force immediately before the 20
registration-- 21
(a) is terminated only to the extent it relates to the section 9 22
land; and 23
(b) otherwise continues in force according to its terms to the 24
extent it relates to land other than the section 9 land.'. 25
Clause 87 Amendment of schedule (Land excluded from 26
corporation area) 27
Schedule, heading and authorising section-- 28
omit, insert-- 29
s 88 77 s 88
Transport Legislation Amendment Bill 2005
`Schedule 1 Areas excluded from 1
corporation area for 2
construction of busway in or 3
about South Bank 4
sections 2 and 7'. 5
Clause 88 Insertion of new sch 2 6
At the end of the Act-- 7
insert-- 8
`Schedule 2 Areas excluded from 9
corporation area on 10
completion of construction of 11
busway in or about South Bank 12
section 8 13
1 Lot 115 on SP150309 14
2 Lot 117 on SP150311 15
3 Lot 139 on SP150333 16
4 Lot 140 on SP150334 17
5 Lot 70 on SP149284 18
6 Lot 4 on SP121757 19
7 Lot 5 on SP121758 20
8 Lot 111 on SP141936 21
9 Lot 112 on SP141937 22
10 Lot 116 on SP150310 23
11 Lot 138 on SP150332 24
12 Lot 118 on SP150312 25
s 88 78 s 88
Transport Legislation Amendment Bill 2005
13 Lot 119 on SP150313 1
14 Lot 120 on SP150314 2
15 Lot 121 on SP150315 3
16 Lot 122 on SP150316 4
17 Lot 123 on SP150317 5
18 Lot 124 on SP150318 6
19 Lot 125 on SP150319 7
20 Lot 126 on SP150320 8
21 Lot 127 on SP150321 9
22 Lot 128 on SP150322 10
23 Lot 129 on SP150323 11
24 Lot 130 on SP150324 12
25 Lot 131 on SP150325 13
26 Lot 132 on SP150326 14
27 Lot 133 on SP150327 15
28 Lot 134 on SP150328 16
29 Lot 135 on SP150329 17
30 Lot 136 on SP150330 18
31 Lot 137 on SP150331 19
32 Lot 141 on SP150335 20
33 Lot 241 on SP157139 21
34 Lot 142 on SP150336 22
35 Lot 242 on SP157140 23
36 Lot 143 on SP150337 24
37 Lot 243 on SP157141 25
38 Lot 144 on SP150338 26
39 Lot 244 on SP157142 27
40 Lot 145 on SP150339 28
41 Lot 245 on SP157143 29
s 89 79 s 89
Transport Legislation Amendment Bill 2005
42 Lot 146 on SP150340 1
43 Lot 246 on SP157144'. 2
Part 9 Minor and consequential 3
amendments 4
Clause 89 Minor and consequential amendments 5
The schedule amends the Acts it mentions. 6
80
Transport Legislation Amendment Bill 2005
Schedule Minor and consequential 1
amendments 2
section 89 3
Commission for Children and Young People and Child 4
Guardian Act 2000 5
1 Schedule 1, section 6F, `section 138.' and footnote-- 6
omit, insert-- 7
`section 122A(1)(b).'. 8
Integrated Planning Act 1997 9
1 Schedule 8, part 1, table 2, item 6 relating to public 10
passenger transport-- 11
renumber and relocate as schedule 8, part 1, table 2, item 9. 12
2 Schedule 8, part 1, table 2, item 7 relating to railways-- 13
renumber and relocate as schedule 8, part 1, table 2, item 10. 14
South Bank Corporation Act 1989 15
1 Section 106-- 16
omit, insert-- 17
`106 Application of Transport Infrastructure Act 1994 to 18
corporation area 19
`The Transport Infrastructure Act 1994, section 255, applies 20
to the corporation area.'. 21
81
Transport Legislation Amendment Bill 2005
Schedule (continued)
2 Schedule 2-- 1
omit, insert-- 2
`Schedule 2 Corporation area 3
section 3, definition corporation area 4
82
Transport Legislation Amendment Bill 2005
© State of Queensland 2005
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