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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Transport Legislation
Amendment Bill 2007
Queensland
Transport Legislation Amendment Bill
2007
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Part 2 Amendment of Maritime and Other Legislation Amendment
Act 2006
3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
4 Amendment of s 144A (Insertion of new ss 90A--90D of
Transport Operations (Road Use Management) Act 1995) . . . . . 11
Part 3 Amendment of Transport Infrastructure Act 1994
5 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
6 Amendment of s 84C (Effect on land of State toll road corridor
land declaration) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
7 Amendment of sch 5 (Tolling matters for toll road or local
government tollway) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Part 4 Amendment of Transport Operations (Marine Pollution) Act
1995
8 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
9 Amendment of s 33 (Definitions for part) . . . . . . . . . . . . . . . . . . . 12
10 Insertion of new s 34A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
34A Recategorisation of substances . . . . . . . . . . . . . . . . . 13
11 Amendment of s 38 (Certain noxious liquid substances to be
treated as oil) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
12 Amendment of s 59 (Definitions for part) . . . . . . . . . . . . . . . . . . . 13
13 Amendment of s 66 (Reception facilities) . . . . . . . . . . . . . . . . . . . 13
14 Amendment of s 133 (Regulation-making power) . . . . . . . . . . . . 14
15 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 14
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Transport Legislation Amendment Bill 2007
Part 5 Amendment of Transport Operations (Passenger Transport)
Act 1994
16 Act amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
17 Amendment of s 45 (Conditions of service contracts) . . . . . . . . . 15
18 Amendment of s 47 (Amendment, suspension or cancellation of
service contracts for breach of service contracts) . . . . . . . . . . . . 15
19 Insertion of new s 67A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
67A Peak demand management plans . . . . . . . . . . . . . . . 15
20 Amendment of s 70 (Requirement for taxi service licences) . . . . 16
21 Amendment of s 73 (Term of taxi service licences) . . . . . . . . . . . 17
22 Amendment of s 74 (Conditions of taxi service licences). . . . . . . 17
23 Amendment of s 74AA (Notice to be kept in taxi). . . . . . . . . . . . . 18
24 Amendment of s 74AB (Prohibitions on using taxis) . . . . . . . . . . 18
25 Amendment of s 75 (Amendment of taxi service licence
conditions) ..................................... 19
26 Insertion of new ch 7A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Chapter 7A Peak demand taxi permits
80C Purpose of peak demand taxi permits . . . . . . . . . . . . 19
80D What are peak demand taxi permits. . . . . . . . . . . . . . 19
80E Issue of peak demand taxi permits. . . . . . . . . . . . . . . 19
80F Term of peak demand taxi permits . . . . . . . . . . . . . . . 20
80G Conditions of peak demand taxi permits . . . . . . . . . . 20
80H Notice to be kept in peak demand taxi . . . . . . . . . . . . 21
80I Prohibitions on using peak demand taxis. . . . . . . . . . 21
80J Amendment of peak demand taxi permit conditions . 22
80K Lease and surrender of peak demand taxi permits . . 22
80L Suspension and cancellation of peak demand taxi
permits ................................. 22
27 Replacement of s 86 (Term of limousine service licence) . . . . . . 22
86 Term of limousine service licence . . . . . . . . . . . . . . . 23
28 Amendment of s 87 (Conditions of limousine service licences) . . 23
29 Insertion of new ss 87B87G . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
87B Electronic record of prior booking--limousine
services provided other than under special purpose
limousine service licence . . . . . . . . . . . . . . . . . . . . . . 25
87C Operator to keep electronic record of prior booking
made for s 87B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
87D Driver to produce electronic record of prior booking
made for s 87B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
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Transport Legislation Amendment Bill 2007
87E Record of prior booking--limousine service provided
under special purpose limousine service licence . . . . 27
87F Operator to keep record of prior booking made for
s 87E ................................. 28
87G Driver to produce record of prior booking made for
s 87E ................................. 29
30 Amendment of s 155 (Regulations) . . . . . . . . . . . . . . . . . . . . . . . 30
31 Amendment of sch 2 (Reviewable decisions). . . . . . . . . . . . . . . . 30
32 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 30
Part 6 Amendment of Transport Operations (Road Use
Management) Act 1995
Division 1 Preliminary
33 Act amended in pt 6 and schedule . . . . . . . . . . . . . . . . . . . . . . . . 33
Division 2 Amendments relating to compliance and enforcement for
heavy vehicles
34 Amendment of s 24 (Identity cards) . . . . . . . . . . . . . . . . . . . . . . . 33
35 Insertion of new ss 26A and 26B . . . . . . . . . . . . . . . . . . . . . . . . . 33
26A Further power to enter place of business in relation
to heavy vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
26B Further power to enter place in relation to heavy
vehicle if incident involving death, injury or damage . 35
36 Insertion of new ss 29A29C . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
29A Post-entry approval . . . . . . . . . . . . . . . . . . . . . . . . . . 36
29B Making of post-entry approval order. . . . . . . . . . . . . . 36
29C Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
37 Amendment of s 30 (General powers after entering places) . . . . 37
38 Insertion of new ss 30A and 30B . . . . . . . . . . . . . . . . . . . . . . . . . 39
30A Further powers after entering place under s 26A or
26B .................................. 39
30B Using equipment for exercising power . . . . . . . . . . . . 41
39 Amendment of s 31 (Power to stop private vehicles) . . . . . . . . . . 42
40 Amendment of s 33 (Power to require vehicles to be moved) . . . 43
41 Insertion of new ss 33A33C . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
33A Requiring heavy vehicle to be moved if causing
harm or obstruction etc. . . . . . . . . . . . . . . . . . . . . . . . 45
33B Moving unattended heavy vehicle on road . . . . . . . . . 47
33C Moving other stationary heavy vehicle if causing
harm or obstruction etc. . . . . . . . . . . . . . . . . . . . . . . . 48
42 Amendment of s 34 (Power to inspect vehicles). . . . . . . . . . . . . . 49
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Transport Legislation Amendment Bill 2007
43 Amendment of s 35 (Power to enter vehicles etc. other than for
vehicle inspection) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
44 Insertion of new ss 35A35C . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
35A Further powers to inspect and search heavy vehicles 50
35B Further powers to access stored information or to
decide if anything found in a heavy vehicle may be
seized .................................. 52
35C Running or stopping heavy vehicle engine. . . . . . . . . 53
45 Amendment of s 38 (Power to prohibit persons driving). . . . . . . . 54
46 Amendment of s 39 (Powers to enable effective and safe
exercise of other powers) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
47 Insertion of new ch 3, pt 3, div 2, sdivs 4 and 5 . . . . . . . . . . . . . . 57
Subdivision 4 Other provisions about stopping and moving
vehicles etc.
39B Stopped or moved vehicle to remain at a place . . . . . 57
39C Interfering with prescribed heavy vehicle equipment or load
57
Subdivision 5 Further powers in relation to heavy vehicles
concerning mass, dimension or loading
requirements
39D Application of sdiv 5 . . . . . . . . . . . . . . . . . . . . . . . . . . 58
39E Powers for minor risk breach of mass, dimension or
loading requirement . . . . . . . . . . . . . . . . . . . . . . . . . . 58
39F Powers for substantial risk breach of mass,
dimension or loading requirement . . . . . . . . . . . . . . . 60
39G Powers for severe risk breach of mass, dimension or
loading requirement . . . . . . . . . . . . . . . . . . . . . . . . . . 61
39H Operation of direction in relation to a combination . . . 62
48 Insertion of new s 40A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
40A Further powers to seize evidence in relation to heavy
vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
49 Amendment of s 46 (Return of seized things) . . . . . . . . . . . . . . . 64
50 Insertion of new ch 3, pt 3, div 3B . . . . . . . . . . . . . . . . . . . . . . . . 65
Division 3B Embargo notice for evidence about heavy
vehicle
46B Embargo notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
46C Noncompliance with embargo notice . . . . . . . . . . . . . 66
51 Insertion of new s 48A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
48A Further power to require personal details for
exercising power in relation to heavy vehicle . . . . . . . 67
52 Amendment of s 49 (Power to require documents to be
produced) ..................................... 68
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Transport Legislation Amendment Bill 2007
53 Amendment of s 50AA (Power to require information) . . . . . . . . . 69
54 Insertion of new s 50AB . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
50AB Power to require help to find and access documents
or information about heavy vehicle. . . . . . . . . . . . . . . 70
55 Insertion of new ch 3, pts 4B and 4C . . . . . . . . . . . . . . . . . . . . . . 71
Part 4B Reciprocal powers of authorised officers
51F Reciprocal powers . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
Part 4C Chief executive's powers for vehicles
Division 1 Moving vehicles
51G Moving abandoned, or otherwise stationary, vehicle
on prescribed road . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
Division 2 Recovering moving expenses
51H Definition for div 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
51I Recovering moving expenses . . . . . . . . . . . . . . . . . . 74
51J Notice to owner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
51K Releasing removed vehicle . . . . . . . . . . . . . . . . . . . . 75
51L Disposing of removed vehicle. . . . . . . . . . . . . . . . . . . 75
56 Amendment of s 52 (False or misleading statements) . . . . . . . . . 76
57 Amendment of s 53 (False or misleading documents) . . . . . . . . . 76
58 Insertion of new ss 53B53D . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
53B False or misleading transport documentation for
goods ................................ 77
53C False or misleading information in container weight
declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
53D False or misleading information given by responsible
person to another responsible person . . . . . . . . . . . . 79
59 Amendment of s 54 (Obstructing authorised officers or
accredited persons) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
60 Replacement of s 55 (Impersonating authorised officers or
accredited persons) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
55 Pretending to be an authorised officer or accredited
person .................................. 81
61 Insertion of new ch 3, pt 5, div 1, sdiv 2 hdg and s 57AA. . . . . . . 81
Subdivision 2 Extended liability offences
57AA Application of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . 81
62 Amendment of s 57B (Further liability provisions for extended
liability offences) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
63 Insertion of new ss 57C57G . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
57C Liability for inducing breaches of mass, dimension or
loading requirements--consignees . . . . . . . . . . . . . . 83
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Transport Legislation Amendment Bill 2007
Subdivision 3 Reasonable steps
57D Reasonable steps defence . . . . . . . . . . . . . . . . . . . . . 84
57E Inclusion of reasonable diligence . . . . . . . . . . . . . . . . 86
57F Proof of compliance with industry code of practice . . 86
57G Reliance on container weight declaration. . . . . . . . . . 87
64 Amendment of s 58 (Proof of appointments unnecessary) . . . . . 88
65 Amendment of s 59 (Proof of signatures unnecessary) . . . . . . . . 88
66 Amendment of s 60 (Evidentiary aids) . . . . . . . . . . . . . . . . . . . . . 89
67 Insertion of new ss 61A61C . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
61A Manufacturer's statements . . . . . . . . . . . . . . . . . . . . . 90
61B Transport and journey documentation . . . . . . . . . . . . 91
61C Evidence not affected by nature of vehicle . . . . . . . . . 91
68 Amendment of s 62 (Proceedings for offences) . . . . . . . . . . . . . . 91
69 Insertion of new ss 162A162D . . . . . . . . . . . . . . . . . . . . . . . . . . 92
162A Severe risk breach of mass requirement . . . . . . . . . . 92
162B Severe risk breach of dimension requirement . . . . . . 92
162C Severe risk breach of loading requirement. . . . . . . . . 93
162D Offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
70 Amendment of s 163 (Forfeiture on conviction) . . . . . . . . . . . . . . 94
71 Insertion of new ch 5C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
Chapter 5C Mass, dimension or loading concession
163A Noncompliance with mass, dimension or loading
concession . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
72 Insertion of new ss 163B and 163C . . . . . . . . . . . . . . . . . . . . . . . 96
163B Matters court must consider when imposing sanction
for noncompliance . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
163C Court may treat noncompliance as a different risk
category . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
73 Insertion of new s 164A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
164A Commercial benefits penalty order. . . . . . . . . . . . . . . 98
74 Insertion of new ss 168A168D . . . . . . . . . . . . . . . . . . . . . . . . . . 99
168A Effect of corresponding administrative action or
corresponding order in relation to heavy vehicle . . . . 100
168B Giving evidence about heavy vehicle to external
public authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
168C Chief executive may give information to
corresponding authority . . . . . . . . . . . . . . . . . . . . . . . 101
168D Contracting out in relation to heavy vehicles
prohibited ............................. 102
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Transport Legislation Amendment Bill 2007
75 Insertion of new ch 7, pt 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
Part 10 Transitional provisions for Transport
Legislation Amendment Act 2007
210 Recovering moving expenses for vehicle on
prescribed road . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
211 Recovering vehicle removed from prescribed road . . 103
212 Transitional provision for s 57B. . . . . . . . . . . . . . . . . . 103
76 Amendment of sch 3 (Reviewable decisions). . . . . . . . . . . . . . . . 103
77 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 104
Division 3 Other amendments
78 Amendment of s 62 (Proceedings for offences) . . . . . . . . . . . . . . 120
79 Amendment of s 79B (Immediate suspension or disqualification) 120
80 Amendment of s 118 (Photographic evidence--inspection and
challenges) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
81 Amendment of s 119 (Notice of dispute about traffic control
device or sign) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
82 Amendment of s 124 (Facilitation of proof). . . . . . . . . . . . . . . . . . 121
83 Insertion of new s 124A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
124A Additional ground of challenge not stated in written
notice required under particular provisions . . . . . . . . 121
84 Amendment of s 171 (Regulation-making power) . . . . . . . . . . . . 122
85 Amendment of ch 7 hdg (Transitional provisions). . . . . . . . . . . . . 122
86 Insertion of new ch 7, pt 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
Part 11 Validating provisions
213 Validation provision for section 171(4) . . . . . . . . . . . . 122
214 Validation of particular codes of practice . . . . . . . . . . 123
215 Validation of amendments of particular codes of
practice ................................ 123
216 Validation of certain acts etc. . . . . . . . . . . . . . . . . . . . 123
87 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 124
Part 7 Amendment of Transport Planning and Coordination Act
1994
88 Act amended in pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
89 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 126
90 Amendment of s 27 (Power of chief executive to lease, sell or
otherwise dispose of land) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
91 Amendment of s 28B (Busway land acquisition) . . . . . . . . . . . . . 127
92 Insertion of new s 28BA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
28BA Further provisions relating to land acquisitions for
busways on or after 13 October 2000. . . . . . . . . . . . . 127
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Transport Legislation Amendment Bill 2007
Schedule Minor amendments of Transport Operations (Road Use
Management) Act 1995 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
2007
A Bill
for
An Act to amend particular transport legislation
s1 10 s3
Transport Legislation Amendment Bill 2007
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 2007. 5
Clause 2 Commencement 6
(1) The following provisions commence on a day to be fixed by 7
proclamation-- 8
· parts 4 and 5 9
· part 6, division 2 10
· sections 79(2), 80 to 83, 87(3) to (5), (7) and (8) 11
· schedule. 12
(2) Section 79(1) commences immediately after the 13
commencement of the Transport Legislation and Another Act 14
Amendment Act 2007, section 56(2). 15
Part 2 Amendment of Maritime and 16
Other Legislation Amendment 17
Act 2006 18
Clause 3 Act amended in pt 2 19
This part amends the Maritime and Other Legislation 20
Amendment Act 2006. 21
s4 11 s6
Transport Legislation Amendment Bill 2007
Clause 4 Amendment of s 144A (Insertion of new ss 90A--90D of 1
Transport Operations (Road Use Management) Act 1995) 2
(1) Section 144A, inserted section 90A, definition dangerous 3
driving offence, `that is alcohol'-- 4
omit. 5
(2) Section 144A, inserted section 90A, definition designated 6
offence, paragraph (a)(i) and drink driving offence, paragraph 7
(a)(ii), `or (2)'-- 8
omit, insert-- 9
`, (2) or (2AA)'. 10
Part 3 Amendment of Transport 11
Infrastructure Act 1994 12
Clause 5 Act amended in pt 3 13
This part amends the Transport Infrastructure Act 1994. 14
Clause 6 Amendment of s 84C (Effect on land of State toll road 15
corridor land declaration) 16
(1) Section 84C-- 17
insert-- 18
`(6A) A person to whom the State has leased State toll road corridor 19
land, or a person who holds a lease under the lease from the 20
State, may lease the State toll road corridor land to another 21
person.'. 22
(2) Section 84C(7), from `The' to `(6)'-- 23
omit, insert-- 24
`Each lease under subsection (6) or (6A)'. 25
s7 12 s 10
Transport Legislation Amendment Bill 2007
Clause 7 Amendment of sch 5 (Tolling matters for toll road or local 1
government tollway) 2
Schedule 5-- 3
insert-- 4
`9 The day the toll stops being payable, or a method to work out 5
the day that the toll stops being payable, by each type of 6
vehicle liable to pay a toll for use of a toll road or local 7
government tollway.'. 8
Part 4 Amendment of Transport 9
Operations (Marine Pollution) 10
Act 1995 11
Clause 8 Act amended in pt 4 12
This part amends the Transport Operations (Marine 13
Pollution) Act 1995. 14
Clause 9 Amendment of s 33 (Definitions for part) 15
(1) Section 33, definitions Annex II and noxious liquid 16
substance-- 17
omit. 18
(2) Section 33-- 19
insert-- 20
`noxious liquid substance-- 21
(a) includes a mixture containing a noxious liquid 22
substance; and 23
(b) does not include a liquid substance declared under a 24
regulation not to be a noxious liquid substance.'. 25
Clause 10 Insertion of new s 34A 26
Part 5, division 2-- 27
s 11 13 s 13
Transport Legislation Amendment Bill 2007
insert-- 1
`34A Recategorisation of substances 2
`(1) A regulation may declare a category X substance, category Y 3
substance, category Z substance or Other substance to be a 4
substance of a different stated category. 5
`(2) A regulation under subsection (1) has effect to categorise the 6
substance for this Act despite the substance being differently 7
categorised under the International Bulk Chemical Code.1'. 8
Clause 11 Amendment of s 38 (Certain noxious liquid substances to 9
be treated as oil) 10
(1) Section 38(1) and (2), `category C or D substance'-- 11
omit, insert-- 12
`category Z substance or Other substance'. 13
(2) Section 38, after subsection (1)-- 14
insert-- 15
`Editor's note-- 16
Other substance has a particular meaning in MARPOL. See Annex II, 17
chapter 2, regulation 6.'. 18
Clause 12 Amendment of s 59 (Definitions for part) 19
Section 59, definition noxious liquid substance, from `part 20
5'-- 21
omit, insert-- 22
`part 5.2'. 23
Clause 13 Amendment of s 66 (Reception facilities) 24
Section 66(1)(a), from `regulation 12' to `Annex II'-- 25
1 See Annex II, regulation 1.4.
2 Part 5 is about prevention of pollution by noxious liquid substances in bulk--see
section 33.
s 14 14 s 15
Transport Legislation Amendment Bill 2007
omit, insert-- 1
`regulation 38 of Annex I, regulation 18 of Annex II'. 2
Clause 14 Amendment of s 133 (Regulation-making power) 3
(1) Section 133(3)(a), `regulation 8'-- 4
omit, insert-- 5
`regulation 16'. 6
(2) Section 133(3)(b), (c) and (e)-- 7
omit. 8
(3) Section 133(3)(d), from `regulation 3(4)' to `substance'-- 9
omit, insert-- 10
`regulation 6.3 to MARPOL as a category X substance, 11
category Y substance, category Z substance or Other 12
substance'. 13
(4) Section 133(3)(f), from `A substance'-- 14
omit, insert-- 15
`X substance--declaring a residual concentration stated in the 16
regulation is taken to be the residual concentration prescribed 17
for the substance under Annex II, regulation 13.6 to 18
MARPOL.'. 19
(5) Section 133(3)(d) and (f)-- 20
renumber as section 133(3)(b) and (c). 21
Clause 15 Amendment of schedule (Dictionary) 22
Schedule, definition sewage, `the Convention'-- 23
omit, insert-- 24
`MARPOL'. 25
s 16 15 s 19
Transport Legislation Amendment Bill 2007
Part 5 Amendment of Transport 1
Operations (Passenger 2
Transport) Act 1994 3
Clause 16 Act amended in pt 5 4
This part amends the Transport Operations (Passenger 5
Transport) Act 1994. 6
Clause 17 Amendment of s 45 (Conditions of service contracts) 7
Section 45(3), `4 penalty units'-- 8
omit, insert-- 9
`40 penalty units'. 10
Clause 18 Amendment of s 47 (Amendment, suspension or 11
cancellation of service contracts for breach of service 12
contracts) 13
Section 47-- 14
insert-- 15
`(1A) However, the chief executive may not amend a holder's 16
service contract to increase an amount payable to the chief 17
executive for a breach of a key performance indicator.'. 18
Clause 19 Insertion of new s 67A 19
Chapter 6, part 3, after section 67-- 20
insert-- 21
`67A Peak demand management plans 22
`(1) A person who administers a taxi service in a relevant area 23
must have a plan to provide taxis for the area during peak 24
patronage periods (a peak demand management plan). 25
`(2) A person who administers a taxi service in a relevant area and 26
who does not give the chief executive a peak demand 27
management plan for the relevant area within the time 28
prescribed under a regulation commits an offence. 29
s 20 16 s 20
Transport Legislation Amendment Bill 2007
Maximum penalty--40 penalty units. 1
`(3) A peak demand management plan must deal with the 2
following matters-- 3
(a) strategies for managing the demand for taxi services 4
during peak patronage periods in the relevant area; 5
(b) achievable objectives under the plan; 6
(c) the number of peak demand taxis, if any, needed under 7
the plan; 8
(d) the days, starting times and finishing times of the peak 9
demand taxi shifts, if any, needed under the plan; 10
(e) the persons responsible for achieving the objectives; 11
(f) strategies to inform taxi drivers, taxi service operators 12
and the local community in the relevant area about the 13
content of the plan and achievement of its objectives; 14
(g) monitoring performance of the plan and evaluating its 15
effectiveness; 16
(h) reporting the matters mentioned in paragraph (g) to the 17
chief executive. 18
`(4) Nothing in a peak demand management plan affects-- 19
(a) a service contract holder's rights and liabilities under a 20
service contract; or 21
(b) the chief executive's right to damages for a breach of a 22
service contract, including damages arising out of a 23
breach of a key performance indicator. 24
`(5) A regulation may provide for matters relating to peak demand 25
management plans, including, for example, the following-- 26
(a) when a plan must be given to the chief executive; 27
(b) duration of a plan; 28
(c) amendment of a plan.'. 29
Clause 20 Amendment of s 70 (Requirement for taxi service 30
licences) 31
(1) Section 70, heading, `licences'-- 32
s 21 17 s 22
Transport Legislation Amendment Bill 2007
omit, insert-- 1
`licence or peak demand taxi permit'. 2
(2) Section 70, from `unless' to `the vehicle'-- 3
omit, insert-- 4
`unless-- 5
(a) the person has a taxi service licence to provide the 6
service with the vehicle; or 7
(b) the person has a peak demand taxi permit to provide the 8
service with the vehicle'. 9
Clause 21 Amendment of s 73 (Term of taxi service licences) 10
Section 73(2) to (4)-- 11
omit, insert-- 12
`(2) To remove any doubt, it is declared that the chief executive 13
may issue a taxi service licence on a renewable or 14
non-renewable basis. 15
`(3) A taxi service licence issued on a renewable basis must be 16
renewed for successive terms of 5 years if its conditions are 17
complied with. 18
`(4) However, the renewal of a taxi service licence issued on a 19
renewable basis may be for a shorter term if the applicant asks 20
for a shorter term. 21
`(5) A taxi service licence issued on a non-renewable basis must 22
not be renewed.'. 23
Clause 22 Amendment of s 74 (Conditions of taxi service licences) 24
(1) Section 74(2)(b), `specify'-- 25
omit, insert-- 26
`state'. 27
(2) Section 74(3)(b)(ii), from `to provide'-- 28
omit, insert-- 29
s 23 18 s 24
Transport Legislation Amendment Bill 2007
`made by the holder of the contract to provide taxi services; 1
and'. 2
Clause 23 Amendment of s 74AA (Notice to be kept in taxi) 3
(1) Section 74AA, heading, after `in'-- 4
insert-- 5
`licensed taxi or substitute'. 6
(2) Section 74AA, from `must ensure' to `is subject'-- 7
omit, insert-- 8
`who uses a licensed taxi or substitute taxi to provide the 9
service must keep a written notice inside the taxi that states 10
the following and is readily available to the driver-- 11
(a) the area, stated in the taxi service licence for the taxi, in 12
which the taxi may be operated; 13
(b) any other condition to which the licence is subject that 14
restricts the use of the taxi'. 15
Clause 24 Amendment of s 74AB (Prohibitions on using taxis) 16
(1) Section 74AB, heading, after `using'-- 17
insert-- 18
`licensed taxis or substitute'. 19
(2) Section 74AB(1) and (2)-- 20
omit, insert-- 21
`(1) The operator of a taxi service must not use a licensed taxi or 22
substitute taxi to provide a public passenger service-- 23
(a) in a taxi service area outside the area stated in the 24
licence for the taxi; or 25
(b) in a way that contravenes a condition to which the 26
licence is subject that restricts the use of the taxi. 27
Maximum penalty--40 penalty units. 28
`(2) The driver of a licensed taxi or substitute taxi must not use the 29
taxi to provide a public passenger service-- 30
s 25 19 s 26
Transport Legislation Amendment Bill 2007
(a) in a taxi service area outside the area stated in the 1
licence for the taxi; or 2
(b) in a way that contravenes a condition to which the 3
licence is subject that restricts the use of the taxi. 4
Maximum penalty--40 penalty units.'. 5
Clause 25 Amendment of s 75 (Amendment of taxi service licence 6
conditions) 7
Section 75(1), `a taxi service licence'-- 8
omit, insert-- 9
`taxi service licences'. 10
Clause 26 Insertion of new ch 7A 11
After section 80B-- 12
insert-- 13
`Chapter 7A Peak demand taxi permits 14
`80C Purpose of peak demand taxi permits 15
`The purpose of peak demand taxi permits is to ensure that the 16
communities served by taxis in relevant areas receive quality 17
and innovative taxi services at a reasonable cost during peak 18
patronage periods. 19
`80D What are peak demand taxi permits 20
`A peak demand taxi permit is a permit issued by the chief 21
executive to allow a vehicle, other than a licensed taxi, (a peak 22
demand taxi) to be used to provide a taxi service in a relevant 23
area during a peak patronage period. 24
`80E Issue of peak demand taxi permits 25
`A regulation may provide for the issue of peak demand taxi 26
permits. 27
s 26 20 s 26
Transport Legislation Amendment Bill 2007
`80F Term of peak demand taxi permits 1
`A peak demand taxi permit is for a term of 1 year. 2
`80G Conditions of peak demand taxi permits 3
`(1) A peak demand taxi permit is subject to the conditions stated 4
in it by the chief executive. 5
`(2) The conditions of a peak demand taxi permit must-- 6
(a) require the operator to use a particular type of vehicle or 7
a vehicle of a type approved for taxis by the chief 8
executive; and 9
(b) state the relevant area to which the peak demand taxi 10
permit applies; and 11
(c) require the operator not to charge more than the 12
maximum fares published in the gazette under section 13
74A; and 14
(d) state the vehicle to be used under the permit. 15
`(3) The conditions of a peak demand taxi permit may-- 16
(a) require that the operator have access to a continuously 17
operating booking service; and 18
(b) require the operator-- 19
(i) to cooperate with the holder of a taxi service 20
contract; and 21
(ii) to comply with all reasonable requests made by the 22
holder of the contract to provide taxi services; and 23
(iii) not to act in a way likely to prevent the holder of 24
the taxi service contract complying with the 25
conditions of the contract; and 26
(c) require the operator to install and maintain stated 27
equipment in peak demand taxis; and 28
(d) require the operator to operate the vehicle as a peak 29
demand taxi only in peak patronage periods; and 30
(e) make other requirements of an operator. 31
s 26 21 s 26
Transport Legislation Amendment Bill 2007
`(4) The operator of a taxi service under a peak demand taxi 1
permit must not contravene a condition of the permit. 2
Maximum penalty for subsection (4)--40 penalty units. 3
`80H Notice to be kept in peak demand taxi 4
`The operator of a taxi service who uses a peak demand taxi to 5
provide the service must keep a written notice inside the taxi 6
that states the following and is readily available to the 7
driver-- 8
(a) the relevant area, stated in the permit for the taxi, in 9
which the taxi may be operated; 10
(b) any other condition to which the permit is subject that 11
restricts the use of the taxi. 12
Maximum penalty--40 penalty units. 13
`80I Prohibitions on using peak demand taxis 14
`(1) The operator of a taxi service must not use a peak demand taxi 15
to provide a public passenger service-- 16
(a) in a taxi service area outside the relevant area stated in 17
the permit for the taxi; or 18
(b) in a way that contravenes a condition to which the 19
permit is subject that restricts the use of the taxi. 20
Maximum penalty--40 penalty units. 21
`(2) The driver of a peak demand taxi must not use the taxi to 22
provide a public passenger service-- 23
(a) in a taxi service area outside the relevant area stated in 24
the permit for the taxi; or 25
(b) in a way that contravenes a condition to which the 26
permit is subject that restricts the use of the taxi. 27
Maximum penalty--40 penalty units. 28
`(3) However, the driver or operator does not contravene 29
subsection (1)(a) or (2)(a) while the peak demand taxi is being 30
used to complete a single passenger journey that started 31
within the relevant area stated in the permit. 32
s 27 22 s 27
Transport Legislation Amendment Bill 2007
`80J Amendment of peak demand taxi permit conditions 1
`(1) A regulation may authorise the chief executive to amend the 2
conditions of peak demand taxi permits if the chief executive 3
is satisfied the amendment is necessary for improving taxi 4
services in the public interest. 5
`(2) A regulation may also authorise the amendment of peak 6
demand taxi permits in other circumstances and make other 7
provision about amending peak demand taxi permits. 8
`80K Lease and surrender of peak demand taxi permits 9
`A regulation may provide for the lease and surrender of peak 10
demand taxi permits. 11
`80L Suspension and cancellation of peak demand taxi 12
permits 13
`(1) A regulation may provide for the suspension and cancellation 14
of peak demand taxi permits. 15
`(2) Without limiting subsection (1), a regulation may authorise 16
the chief executive to suspend or cancel a person's peak 17
demand taxi permit if the person contravenes this Act or a 18
condition of the permit. 19
`(3) Without limiting subsection (1), a regulation may authorise 20
the chief executive to suspend immediately a person's peak 21
demand taxi permit if the chief executive considers it 22
necessary in the public interest. 23
`(4) Without limiting subsection (1), if the operator accreditation 24
of the holder of a peak demand taxi permit is suspended or 25
cancelled-- 26
(a) for suspension--the permit is suspended while the 27
accreditation is suspended; or 28
(b) for cancellation--the permit is cancelled.'. 29
Clause 27 Replacement of s 86 (Term of limousine service licence) 30
Section 86-- 31
omit, insert-- 32
s 28 23 s 28
Transport Legislation Amendment Bill 2007
`86 Term of limousine service licence 1
`(1) A limousine service licence is for a term of-- 2
(a) for a special purpose limousine service licence--1 year; 3
or 4
(b) for another limousine service licence--5 years. 5
`(2) A limousine service licence may be renewed for successive 6
terms of the length mentioned in subsection (1) for the 7
licence, if the conditions of the licence have been complied 8
with. 9
`(3) However, a limousine service licence other than a special 10
purpose limousine service licence may be renewed for a 11
shorter term if the applicant for the renewal asks for a shorter 12
term.'. 13
Clause 28 Amendment of s 87 (Conditions of limousine service 14
licences) 15
(1) Section 87(2)(b)-- 16
omit, insert-- 17
`(b) require the operator to use-- 18
(i) if the licence is a special purpose limousine service 19
licence--a special purpose limousine; or 20
(ii) otherwise--a luxury motor vehicle; and'. 21
(2) Section 87(2)(c), `specify'-- 22
omit, insert-- 23
`state'. 24
(3) Section 87(2)(d)-- 25
omit, insert-- 26
`(d) subject to section 87A-- 27
(i) state the vehicle to be used under the licence; and 28
(ii) require the operator to display a registration plate 29
on the vehicle distinguishing it as-- 30
(A) if the vehicle is to be used under a special 31
purpose limousine service licence--a special 32
s 29 24 s 29
Transport Legislation Amendment Bill 2007
purpose limousine for which a special 1
purpose limousine service licence is in force; 2
or 3
(B) otherwise--a limousine; and 4
(e) state that the operator must do either of the following if 5
a hirer of a limousine service provided under the licence 6
requests that the limousine service be provided by using 7
a stated type of vehicle-- 8
(i) comply with the request; 9
(ii) seek agreement from the hirer to use a different 10
type of vehicle.'. 11
(4) Section 87(3), `limousine licence'-- 12
omit, insert-- 13
`limousine service licence'. 14
(5) Section 87(3)(c), before `allow'-- 15
insert-- 16
`for a limousine service licence other than a special purpose 17
limousine service licence--'. 18
(6) Section 87(5)(b), `restrictions' to `subject'-- 19
omit, insert-- 20
`condition to which the licence is subject that restricts the use 21
of the limousine'. 22
(7) Section 87(6)(b), from `restriction' to `subject'-- 23
omit, insert-- 24
`condition to which the licence is subject that restricts the use 25
of the limousine'. 26
Clause 29 Insertion of new ss 87B87G 27
After section 87A-- 28
insert-- 29
s 29 25 s 29
Transport Legislation Amendment Bill 2007
`87B Electronic record of prior booking--limousine 1
services provided other than under special purpose 2
limousine service licence 3
`(1) This section applies to a limousine service other than a 4
limousine service provided under a special purpose limousine 5
service licence. 6
`(2) The operator of a limousine service must-- 7
(a) keep an electronic booking system that is in working 8
condition in the limousine used to provide the limousine 9
service; and 10
(b) make an electronic record containing the prescribed 11
details of the booking for the limousine service by using 12
the electronic booking system; and 13
(c) immediately before the limousine is used to provide the 14
limousine service, check that the electronic booking 15
system displays the prescribed details of the booking for 16
the limousine service. 17
Maximum penalty--80 penalty units. 18
`(3) The driver of a limousine must not use the limousine to 19
provide a limousine service unless-- 20
(a) an electronic booking system in working condition is in 21
the limousine; and 22
(b) the operator of the limousine service has made an 23
electronic record containing the prescribed details of the 24
booking for the limousine service by using the 25
electronic booking system; and 26
(c) the electronic booking system displays the prescribed 27
details of the booking for the limousine service. 28
Maximum penalty--80 penalty units. 29
`87C Operator to keep electronic record of prior booking 30
made for s 87B 31
`The operator of a limousine service must-- 32
(a) keep, for at least 5 years-- 33
s 29 26 s 29
Transport Legislation Amendment Bill 2007
(i) each electronic record containing the prescribed 1
details of a booking for a limousine service made, 2
for section 87B, by using an electronic booking 3
system; or 4
(ii) a copy of the electronic record; and 5
(b) if asked by an authorised person, produce the electronic 6
record or a copy of the electronic record for inspection 7
by the authorised person. 8
Maximum penalty--80 penalty units. 9
`87D Driver to produce electronic record of prior booking 10
made for s 87B 11
`(1) This section applies if-- 12
(a) an electronic record containing the prescribed details of 13
a booking for a limousine service is made, for section 14
87B, by using an electronic booking system; and 15
(b) an authorised person asks the driver of the limousine 16
used to provide the limousine service to show the 17
authorised person the display of the prescribed details of 18
the booking for the limousine service in or on the 19
electronic booking system (the display). 20
`(2) The driver must-- 21
(a) produce the electronic booking system for inspection by 22
the authorised person; or 23
(b) if it is not reasonably practicable for the authorised 24
person to read the display from outside the limousine 25
and the authorised person tells the driver the authorised 26
person needs to enter the limousine to read the 27
display--allow the authorised person to enter the 28
limousine to read the display. 29
Maximum penalty--80 penalty units. 30
`(3) For subsection (1)(b), a limousine is used to provide a 31
limousine service if-- 32
(a) it is about to be used to provide the limousine service; or 33
(b) it is being used to provide the limousine service; or 34
s 29 27 s 29
Transport Legislation Amendment Bill 2007
(c) it has just been used to provide the limousine service. 1
`(4) If an authorised person enters a limousine under subsection 2
(2)(b), the authorised person-- 3
(a) may remain in the limousine for only the period of time 4
that is reasonably necessary to read the display; and 5
(b) may inspect the limousine, and anything in the 6
limousine, only to the extent that is reasonably 7
necessary to read the display. 8
`87E Record of prior booking--limousine service provided 9
under special purpose limousine service licence 10
`(1) This section applies to a limousine service provided under a 11
special purpose limousine service licence. 12
`(2) The operator of a limousine service must-- 13
(a) make a record containing the prescribed details of the 14
booking for the limousine service either-- 15
(i) in paper form; or 16
(ii) in electronic form by using an electronic booking 17
system; and 18
(b) give a copy of the prescribed details of the booking for 19
the limousine service to the driver of the limousine to be 20
used to provide the limousine service, before the 21
limousine service is provided. 22
Maximum penalty--80 penalty units. 23
`(3) The driver of a limousine must not use the limousine to 24
provide a limousine service unless-- 25
(a) the operator of the limousine service has made a record 26
containing the prescribed details of the booking for the 27
limousine service; and 28
(b) the driver is carrying a copy of the prescribed details of 29
the booking for the limousine service in the limousine. 30
Maximum penalty--80 penalty units. 31
s 29 28 s 29
Transport Legislation Amendment Bill 2007
`(4) If the record containing the prescribed details of the booking 1
for the limousine service is made in electronic form by using 2
an electronic booking system-- 3
(a) the operator of the limousine service satisfies subsection 4
(2)(b) if the operator-- 5
(i) keeps an electronic booking system that is in 6
working condition in the limousine used to provide 7
the limousine service; and 8
(ii) immediately before the limousine is used to 9
provide the limousine service, checks that the 10
electronic booking system displays the prescribed 11
details of the booking for the limousine service; 12
and 13
(b) the driver of the limousine used to provide the limousine 14
service is taken to carry a copy of the prescribed details 15
of the booking for the limousine service in the limousine 16
if, while the limousine is being used to provide the 17
limousine service, the electronic booking system-- 18
(i) is in the limousine and is in working condition; and 19
(ii) displays the prescribed details of the booking for 20
the limousine service. 21
`87F Operator to keep record of prior booking made for 22
s 87E 23
`The operator of a limousine service must-- 24
(a) keep, for at least 5 years-- 25
(i) each record containing the prescribed details of a 26
booking for a limousine service made for section 27
87E; or 28
(ii) a copy of the record; and 29
(b) if asked by an authorised person, produce the record or a 30
copy of the record for inspection by the authorised 31
person. 32
Maximum penalty--80 penalty units. 33
s 29 29 s 29
Transport Legislation Amendment Bill 2007
`87G Driver to produce record of prior booking made for 1
s 87E 2
`(1) This section applies if-- 3
(a) a record containing the prescribed details of a booking 4
for a limousine service is made for section 87E; and 5
(b) an authorised person asks the driver of the limousine 6
used to provide the limousine service to show the 7
authorised person a copy of the record of the prescribed 8
details for the booking for the limousine service. 9
`(2) The driver must-- 10
(a) produce the copy for inspection by the authorised 11
person; or 12
(b) if the record is in electronic form in or on an electronic 13
booking system-- 14
(i) produce the electronic booking system for 15
inspection by the authorised person; or 16
(ii) if it is not reasonably practicable for the authorised 17
person to read the display of the prescribed details 18
of the booking for the limousine service in or on 19
the electronic booking system (the display) from 20
outside the limousine and the authorised person 21
tells the driver the authorised person needs to enter 22
the limousine to read the display--allow the 23
authorised person to enter the limousine to read the 24
display. 25
Maximum penalty--80 penalty units. 26
`(3) For subsection (1)(b), a limousine is used to provide a 27
limousine service if-- 28
(a) it is about to be used to provide the limousine service; or 29
(b) it is being used to provide the limousine service; or 30
(c) it has just been used to provide the limousine service. 31
`(4) If an authorised person enters a limousine under subsection 32
(2)(b)(ii), the authorised person-- 33
(a) may remain in the limousine for only the period of time 34
that is reasonably necessary to read the display; and 35
s 30 30 s 32
Transport Legislation Amendment Bill 2007
(b) may inspect the limousine, and anything in the 1
limousine, only to the extent that is reasonably 2
necessary to read the display.'. 3
Clause 30 Amendment of s 155 (Regulations) 4
Section 155(3)(a), `and charges'-- 5
omit, insert-- 6
`, charges and taxes'. 7
Clause 31 Amendment of sch 2 (Reviewable decisions) 8
Schedule 2-- 9
insert-- 10
`80J(1) amendment of the conditions of a peak Magistrates
demand taxi permit
80L suspension or cancellation of a peak District or
demand taxi permit Magistrates'.
Clause 32 Amendment of sch 3 (Dictionary) 11
(1) Schedule 3, definition taxi-- 12
omit. 13
(2) Schedule 3-- 14
insert-- 15
`electronic booking system means a system for the electronic 16
recording and display of information about bookings. 17
licensed taxi means a vehicle stated in a taxi service licence. 18
peak demand management plan see section 67A. 19
peak demand taxi see section 80D. 20
peak demand taxi permit see section 80D. 21
peak patronage period means a period-- 22
(a) in which the demand for taxi services is higher than 23
usual; and 24
s 32 31 s 32
Transport Legislation Amendment Bill 2007
(b) that is identified in a peak demand management plan 1
given to the chief executive under section 67A and, if 2
applicable, amended by the chief executive. 3
prescribed details, of a booking for a limousine service, 4
means the details about the booking prescribed under a 5
regulation for this definition. 6
relevant area means an area in which the administration of 7
taxi services must be performed under a service contract as 8
mentioned in section 66. 9
special purpose limousine means a motor vehicle prescribed 10
under a regulation as a motor vehicle that may be used under a 11
special purpose limousine service licence. 12
special purpose limousine service licence means a limousine 13
service licence that is subject to the condition that the 14
provision of a limousine service under the licence is restricted 15
to 1 or more the following-- 16
(a) a service for the carriage of passengers to or from a 17
wedding event; 18
(b) a service for the carriage of passengers to or from a 19
student event; 20
(c) a tourist service. 21
student event means-- 22
(a) an event that is held for the students of an educational 23
institution, and their invited guests, and is one of the 24
following-- 25
(i) a school formal; 26
(ii) a graduation ceremony; 27
(iii) a debutante ball; 28
(iv) another dance or ball at which evening wear or 29
semi-formal wear is worn; or 30
(b) an event held immediately before, or immediately after, 31
an event mentioned in paragraph (a). 32
substitute taxi means a motor vehicle used under a taxi 33
service licence under a regulation mentioned in section 74B. 34
s 32 32 s 32
Transport Legislation Amendment Bill 2007
taxi, other than in the definition demand responsive service 1
means-- 2
(a) a motor vehicle for which a taxi service licence or peak 3
demand taxi permit is in force; or 4
(b) a substitute taxi. 5
wedding event means-- 6
(a) a ceremony for the marriage of 2 persons or a similar 7
ceremony for the joining of 2 persons other than by 8
marriage; or 9
Example of similar ceremony-- 10
commitment ceremony for the joining of 2 persons of the same 11
gender 12
(b) an event for the celebration of a ceremony mentioned in 13
paragraph (a); or 14
Example of event for paragraph (b)-- 15
a wedding reception 16
(c) an event that happens between a ceremony mentioned in 17
paragraph (a) and an event for the celebration of the 18
ceremony. 19
Example of event for paragraph (c)-- 20
photography session for a couple being married and their 21
assistants'. 22
(3) Schedule 3, definition disqualifying offence, after `taxi service 23
licence'-- 24
insert-- 25
`, a peak demand taxi permit'. 26
(4) Schedule 3, definition limousine service, after `vehicle'-- 27
insert-- 28
`or special purpose limousine'. 29
s 33 33 s 35
Transport Legislation Amendment Bill 2007
Part 6 Amendment of Transport 1
Operations (Road Use 2
Management) Act 1995 3
Division 1 Preliminary 4
Clause 33 Act amended in pt 6 and schedule 5
This part and the schedule amend the Transport Operations 6
(Road Use Management) Act 1995. 7
Division 2 Amendments relating to compliance 8
and enforcement for heavy vehicles 9
Clause 34 Amendment of s 24 (Identity cards) 10
Section 24(4), penalty, `10'-- 11
omit, insert-- 12
`27' 13
Clause 35 Insertion of new ss 26A and 26B 14
After section 26-- 15
insert-- 16
`26A Further power to enter place of business in relation 17
to heavy vehicle 18
`(1) Without limiting section 26 but subject to section 26B, an 19
authorised officer may enter a place of business of a 20
responsible person for a heavy vehicle at any time during the 21
usual business hours of the business-- 22
(a) without the occupier's consent or a warrant; and 23
(b) whether or not the place is actually being used at that 24
time for carrying on the business; 25
if the authorised officer has-- 26
(c) the suspicion mentioned in subsection (2); or 27
s 35 34 s 35
Transport Legislation Amendment Bill 2007
(d) the belief and suspicion mentioned in subsection (3). 1
`(2) For subsection (1)(c), the authorised officer must reasonably 2
suspect that there may be at the place-- 3
(a) a document relating to a heavy vehicle and required to 4
be kept under a transport Act or alternative compliance 5
scheme; or 6
(b) a device relating to a heavy vehicle and required to be 7
installed, used or maintained under a transport Act or an 8
alternative compliance scheme. 9
Example-- 10
a weighing, measuring, recording or monitoring device 11
`(3) For subsection (1)(d), the authorised officer-- 12
(a) must reasonably believe that there may be at the place 13
evidence of an offence, relating to a heavy vehicle, 14
against a transport Act; and 15
(b) must reasonably suspect the evidence may be concealed 16
or destroyed unless the place is immediately entered and 17
searched. 18
`(4) This section does not authorise an authorised officer, without 19
the occupier's consent or a warrant, to enter-- 20
(a) a place that is apparently unattended, unless the officer 21
reasonably believes the place is attended; or 22
(b) a place, or any part of a place, used predominantly for 23
residential purposes. 24
`(5) For subsection (4)(b), a place or part of a place is not used 25
predominantly for residential purposes if it is used merely for 26
temporary or casual sleeping or other accommodation for 27
drivers of heavy vehicles. 28
`(6) The authorised officer may open unlocked doors and other 29
unlocked panels and things at the place for gaining entry to 30
the place under subsection (1). 31
`(7) This section does not authorise an authorised officer to use 32
force for exercising a power under this section. 33
`(8) In this section-- 34
s 35 35 s 35
Transport Legislation Amendment Bill 2007
place of business, of a responsible person for a heavy vehicle, 1
means a place-- 2
(a) at or from which the responsible person carries on a 3
business; or 4
(b) that is occupied by the responsible person in connection 5
with a business carried on by the responsible person. 6
transport Act does not include-- 7
(a) the Queensland Road Rules; or 8
(b) a regulation made under this Act applying to the 9
transport of dangerous goods. 10
`26B Further power to enter place in relation to heavy 11
vehicle if incident involving death, injury or damage 12
`(1) Without limiting section 26, an authorised officer, without the 13
occupier's consent or a warrant, may enter a place at any time 14
if the officer reasonably believes-- 15
(a) a heavy vehicle has, or may have, been involved in an 16
incident involving the death of, or injury to, a person or 17
damage to property; and 18
(b) the incident may have involved an offence against a 19
transport Act; and 20
(c) the heavy vehicle is connected with the place; and 21
(d) there may be at the place evidence of the offence 22
mentioned in paragraph (b) that may be concealed or 23
destroyed unless the place is immediately entered and 24
searched. 25
`(2) However, if the authorised officer is not a police officer, the 26
authorised officer may enter the place only if the entry is 27
authorised by a police officer of at least the rank of inspector. 28
`(3) For subsection (1), a heavy vehicle is connected with a place 29
if-- 30
(a) the place is the vehicle's garage address; or 31
(b) the vehicle is, or within the past 72 hours has been, 32
located at the place; or 33
s 36 36 s 36
Transport Legislation Amendment Bill 2007
(c) the place is, or may be, otherwise directly or indirectly 1
connected with the vehicle or any part of its equipment 2
or load. 3
`(4) Section 26A(4) to (7) applies to the entry to a place by an 4
authorised officer under this section. 5
`(5) In this section-- 6
transport Act does not include-- 7
(a) the Queensland Road Rules; or 8
(b) a regulation made under this Act applying to the 9
transport of dangerous goods.'. 10
Clause 36 Insertion of new ss 29A29C 11
After section 29-- 12
insert-- 13
`29A Post-entry approval 14
`(1) As soon as reasonably practicable after exercising heavy 15
vehicle evidence preservation powers, an authorised officer 16
must apply in writing to a magistrate for an order approving 17
the exercise of the powers (post-entry approval order). 18
`(2) The application must be sworn and state the grounds on which 19
it is sought. 20
`(3) The authorised officer need not appear at the consideration of 21
the application, unless the magistrate otherwise requires. 22
`(4) The magistrate may refuse to consider the application until the 23
authorised officer gives the magistrate all the information the 24
magistrate requires about the application in the way the 25
magistrate requires. 26
Example-- 27
The magistrate may require additional information supporting the 28
application to be given by statutory declaration. 29
`29B Making of post-entry approval order 30
`A magistrate may make a post-entry approval order only if 31
satisfied-- 32
s 37 37 s 37
Transport Legislation Amendment Bill 2007
(a) in the circumstances existing before the exercise of the 1
heavy vehicle evidence preservation powers for which 2
the order is sought-- 3
(i) the authorised officer, before exercising the 4
powers, had the required suspicion or belief for 5
exercising them; and 6
(ii) there was a reasonable likelihood that the evidence 7
for which the powers were exercised would be 8
concealed or destroyed; or 9
(b) having regard to the nature of the evidence found during 10
the exercise of the powers, it is in the public interest to 11
make the order. 12
`29C Appeal 13
`(1) Within 28 days after a magistrate refuses to make a post-entry 14
approval order (the appeal period), the chief executive may 15
appeal against the magistrate's order to the Supreme Court. 16
`(2) If the chief executive appeals, the chief executive must retain 17
any seized thing until the appeal is decided. 18
`(3) If the chief executive does not appeal, the chief executive 19
must, immediately the appeal period ends, return any seized 20
thing to the person from whom it was seized. 21
`(4) In this section-- 22
seized thing means a thing seized by an authorised officer in 23
the exercise of the heavy vehicle evidence preservation 24
powers for which the post-entry approval order was sought.'. 25
Clause 37 Amendment of s 30 (General powers after entering 26
places) 27
(1) Section 30(2)(b), after `measure,'-- 28
insert-- 29
`weigh,'. 30
(2) Section 30(2)(d), `copy'-- 31
omit, insert-- 32
s 37 38 s 37
Transport Legislation Amendment Bill 2007
`copy, or take an extract from,'. 1
(3) Section 30(2)(f)-- 2
insert-- 3
`Examples of requirements under paragraph (f)-- 4
· a requirement to operate equipment or facilities 5
· a requirement to give access, free of charge, to 6
photocopying equipment'. 7
(4) Section 30(3), penalty-- 8
omit, insert-- 9
`Maximum penalty-- 10
(a) if paragraph (b) does not apply--60 penalty units; or 11
(b) if the powers are to be exercised in relation to a heavy 12
vehicle--80 penalty units.'. 13
(5) Section 30(4)-- 14
omit, insert-- 15
`(4) A requirement under subsection (2)(f) does not include-- 16
(a) a requirement to produce a document or give 17
information; or 18
(b) a requirement to help the authorised officer find and 19
gain access to a document or information. 20
Editor's note-- 21
For the power to make a requirement mentioned in paragraph (a), see 22
sections 49 and 50. For the power to make a requirement mentioned in 23
paragraph (b), see section 50AB. 24
`(5) Subsection (6) applies for the exercise of a power by an 25
authorised officer in relation to a heavy vehicle under 26
subsection (2) to decide if anything found at the place may be 27
seized under division 3. 28
`(6) The authorised officer may move the thing to another place 29
if-- 30
(a) it is not practicable to exercise the power in relation to 31
the thing at the place where it is found; or 32
s 38 39 s 38
Transport Legislation Amendment Bill 2007
(b) the occupier of the place where it is found consents in 1
writing.'. 2
Clause 38 Insertion of new ss 30A and 30B 3
Chapter 3, part 3, division 1-- 4
insert-- 5
`30A Further powers after entering place under s 26A or 6
26B 7
`(1) This section applies to an authorised officer who enters a 8
place under section 26A or 26B. 9
`(2) If the authorised officer enters the place because the 10
authorised officer has the suspicion mentioned in section 11
26A(2), the authorised officer may do either or both of the 12
following-- 13
(a) inspect-- 14
(i) a document that is required to be kept under a 15
transport Act or an alternative compliance scheme; 16
or 17
(ii) a device that is required to be installed, used or 18
maintained under a transport Act or an alternative 19
compliance scheme; 20
Example-- 21
a weighing, measuring, recording or monitoring device 22
(b) copy, or take an extract from, any or all of the following 23
that are at the place-- 24
(i) a document mentioned in paragraph (a)(i); 25
(ii) a readout or other data obtained from a device 26
mentioned in paragraph (a)(ii). 27
`(3) Subsection (4) applies if the authorised officer enters the place 28
to obtain evidence of an offence against a transport Act 29
because-- 30
(a) the authorised officer has the belief and suspicion 31
mentioned in section 26A(3) in relation to the evidence; 32
or 33
s 38 40 s 38
Transport Legislation Amendment Bill 2007
(b) the authorised officer has the belief mentioned in section 1
26B(1) in relation to the evidence. 2
`(4) The authorised officer may, for obtaining evidence of an 3
offence against a transport Act, do any or all of the 4
following-- 5
(a) search any part of the place; 6
(b) inspect anything in the place; 7
(c) copy, or take an extract from, any or all of the following 8
in the place-- 9
(i) a document mentioned in subsection (2)(a)(i); 10
(ii) journey documentation or transport 11
documentation; 12
(iii) a document, or a readout or other data obtained 13
from anything, that the authorised officer 14
reasonably believes provides, or on further 15
inspection may provide, evidence of the offence. 16
`(5) For exercising a power under subsection (2)(b) or (4)(c), the 17
authorised officer may use photocopying equipment in the 18
place free of charge. 19
`(6) Also, for exercising a power under subsection (2) or (4), the 20
authorised officer may-- 21
(a) take the persons, equipment and materials the authorised 22
officer reasonably requires for exercising the power into 23
the place; or 24
(b) require a responsible person for the heavy vehicle in 25
relation to which the power is to be exercised, whether 26
or not the responsible person is in or at the place, to give 27
the authorised officer reasonable help to exercise the 28
power. 29
`(7) A person must comply with a requirement made under 30
subsection (6)(b), unless the person has a reasonable excuse. 31
Maximum penalty--80 penalty units. 32
`(8) A requirement under subsection (6)(b) does not include-- 33
(a) a requirement to produce a document or give 34
information; or 35
s 38 41 s 38
Transport Legislation Amendment Bill 2007
(b) a requirement to help the authorised officer find and 1
gain access to a document or information. 2
Editor's note-- 3
For the power to make a requirement mentioned in paragraph (a), see 4
sections 49 and 50. For the power to make a requirement mentioned in 5
paragraph (b), see section 50AB. 6
`(9) Subsection (10) applies for the exercise of a power by an 7
authorised officer under subsection (4) to decide if anything 8
found at the place may be seized under division 3. 9
`(10) The authorised officer may move the thing to another place 10
if-- 11
(a) it is not practicable to exercise the power in relation to 12
the thing at the place where it is found; or 13
(b) the occupier of the place where it is found consents in 14
writing. 15
`(11) In this section-- 16
transport Act does not include-- 17
(a) the Queensland Road Rules; or 18
(b) a regulation made under this Act applying to the 19
transport of dangerous goods. 20
`30B Using equipment for exercising power 21
`(1) This section applies for the exercise of a power under section 22
30 or 30A in relation to a thing found in a place entered under 23
this Act. 24
`(2) An authorised officer, or a person helping the authorised 25
officer, may operate available equipment if the authorised 26
officer or person reasonably believes-- 27
(a) the available equipment is suitable for exercising the 28
power; and 29
(b) the power can be exercised without damaging the 30
available equipment or the thing. 31
`(3) In this section-- 32
available equipment, for exercising a power in relation to a 33
thing-- 34
s 39 42 s 39
Transport Legislation Amendment Bill 2007
(a) means equipment that is-- 1
(i) in or at the place in which the thing is found; or 2
(ii) taken onto the place under section 30(2)(e) or 3
30A(6)(a); or 4
(iii) in another place to which the thing has been moved 5
under section 30(6) or 30A(10); and 6
(b) includes electronic equipment for accessing information 7
contained on a thing found in or at the place. 8
Example of information contained on a thing-- 9
information contained on a disk, tape or other device'. 10
Clause 39 Amendment of s 31 (Power to stop private vehicles) 11
(1) Section 31-- 12
insert-- 13
`(2A) However, an authorised officer who is not a police officer may 14
make a requirement under subsection (1) or (2) during the day 15
only. 16
`(2B) Also, an authorised officer who is not a police officer and is 17
not wearing a uniform approved by the chief executive may 18
only exercise the powers of an authorised officer in relation to 19
a private vehicle if the officer reasonably believes the vehicle 20
is so dangerous as to be likely to cause the death of, or injury 21
to, a person.'. 22
(2) Section 31(5), from `officers,'-- 23
omit, insert-- 24
`officers.'. 25
(3) Section 31-- 26
insert-- 27
`(6) In this section-- 28
day means the period between sunrise and sunset on the same 29
day.'. 30
s 40 43 s 40
Transport Legislation Amendment Bill 2007
Clause 40 Amendment of s 33 (Power to require vehicles to be 1
moved) 2
(1) Section 33, heading-- 3
omit, insert-- 4
`33 Requiring vehicle to be moved for exercising power'. 5
(2) Section 33(1) to (3A)-- 6
omit, insert-- 7
`(1) This section applies to-- 8
(a) a motor vehicle, other than a heavy vehicle, that is 9
stationary on a road or has been stopped under section 10
31 or 32; and 11
(b) without limiting sections 33A to 33C, a heavy vehicle 12
that-- 13
(i) is stationary in a following place-- 14
(A) a road or road-related area; 15
(B) a public place; 16
(C) another place occupied or owned by the State 17
or a government entity; 18
(D) a prescribed place an authorised officer has 19
entered under section 26; 20
(E) a place an authorised officer has entered 21
under section 26A or 26B; or 22
(ii) has been stopped under section 32. 23
`(2) To enable an authorised officer to exercise a power under a 24
transport Act, the officer may require a person mentioned in 25
paragraph (a) or (b) to move the vehicle, or cause it to be 26
moved, to a stated reasonable place-- 27
(a) for a vehicle other than a heavy vehicle--the person in 28
control of the vehicle; or 29
(b) for a heavy vehicle--the person in control, or the 30
operator, of the vehicle. 31
Example-- 32
The authorised officer may require the person to move the vehicle onto a 33
weighing or testing device. 34
s 40 44 s 40
Transport Legislation Amendment Bill 2007
`(3) However, the place must be-- 1
(a) for a private vehicle--within a 5km radius from where 2
the vehicle was stationary or stopped; or 3
(b) for a prescribed heavy vehicle--within a 30km radius 4
from-- 5
(i) where the vehicle was stationary or stopped; or 6
(ii) if the requirement is given in the course of the 7
vehicle's journey--any point along the forward 8
route of the journey. 9
`(3A) A requirement under subsection (2) may be made orally or in 10
any other way, including, for example-- 11
(a) for a requirement made to the person in control of a 12
vehicle--by way of a sign or electronic or other signal; 13
or 14
(b) for a requirement made to the operator of a heavy 15
vehicle--by telephone, facsimile, electronic mail or 16
radio.'. 17
(3) Section 33-- 18
insert-- 19
`(6) In this section-- 20
prescribed place, in relation to a heavy vehicle, means-- 21
(a) a following place of a responsible person for the heavy 22
vehicle-- 23
(i) a place at or from which the responsible person 24
carries on a business; 25
(ii) a place that is occupied by the responsible person 26
in connection with a business carried on by the 27
responsible person; 28
(iii) the registered office of a business carried on by the 29
responsible person; or 30
(b) a place that is-- 31
(i) the garage address for the heavy vehicle; or 32
(ii) without limiting subparagraph (i), the base of a 33
driver of the heavy vehicle; or 34
s 41 45 s 41
Transport Legislation Amendment Bill 2007
(c) a place where a document relating to a heavy vehicle is 1
located or required to be kept under a transport Act or an 2
alternative compliance scheme.'. 3
Clause 41 Insertion of new ss 33A33C 4
After section 33-- 5
insert-- 6
`33A Requiring heavy vehicle to be moved if causing 7
harm or obstruction etc. 8
`(1) This section applies if-- 9
(a) a heavy vehicle is stationary in a following place-- 10
(i) a road or road-related area; 11
(ii) a public place; 12
(iii) another place occupied or owned by the State or a 13
government entity; 14
(iv) a prescribed place an authorised officer has entered 15
under section 26; 16
(v) a place an authorised officer has entered under 17
section 26A or 26B; and 18
(b) the authorised officer reasonably believes the heavy 19
vehicle-- 20
(i) is causing, or creating a risk of, serious harm to 21
public safety, the environment or road 22
infrastructure; or 23
(ii) is causing, or likely to cause, an obstruction to 24
traffic. 25
`(2) The authorised officer may require the person in control, or 26
the operator, of the heavy vehicle to do either or both of the 27
following-- 28
(a) move the vehicle, or cause it to be moved, to the extent 29
necessary to avoid the harm or obstruction; 30
(b) do, or cause to be done, anything else the officer 31
reasonably requires to avoid the harm or obstruction. 32
s 41 46 s 41
Transport Legislation Amendment Bill 2007
`(3) A requirement under subsection (2) may be made in a way 1
mentioned in section 33(3A). 2
`(4) The person must comply with the requirement, unless the 3
person has a reasonable excuse. 4
Maximum penalty--120 penalty units. 5
`(5) Without limiting what may be a reasonable excuse for 6
subsection (4), in a proceeding for an offence against the 7
subsection, it is a defence if the person charged with the 8
offence proves-- 9
(a) it was not possible to move the heavy vehicle because it 10
was broken down; and 11
(b) the breakdown happened for a physical reason beyond 12
the person's control; and 13
(c) the breakdown could not be readily rectified in a way 14
that would enable the requirement to be complied with 15
within a reasonable time. 16
`(6) In this section-- 17
prescribed place, in relation to a heavy vehicle, means-- 18
(a) a following place of a responsible person for the heavy 19
vehicle-- 20
(i) a place at or from which the responsible person 21
carries on a business; 22
(ii) a place that is occupied by the responsible person 23
in connection with a business carried on by the 24
responsible person; 25
(iii) the registered office of a business carried on by the 26
responsible person; or 27
(b) a place that is-- 28
(i) the garage address for the heavy vehicle; or 29
(ii) without limiting subparagraph (i), the base of a 30
driver of the heavy vehicle; or 31
(c) a place where a document relating to a heavy vehicle is 32
located or required to be kept under a transport Act or an 33
alternative compliance scheme. 34
s 41 47 s 41
Transport Legislation Amendment Bill 2007
`33B Moving unattended heavy vehicle on road 1
`(1) This section applies if an authorised officer-- 2
(a) reasonably believes that a heavy vehicle on a road is 3
unattended; and 4
(b) intends to exercise a power under this Act in relation to 5
the vehicle; and 6
(c) reasonably believes it is necessary to move the vehicle 7
to enable the exercise of the power. 8
`(2) The authorised officer may take the steps that are reasonably 9
necessary to move the heavy vehicle on the road, or to remove 10
the heavy vehicle from the road, to enable the exercise of the 11
power. 12
Example of reasonably necessary steps-- 13
driving, pushing or towing the vehicle 14
`(3) Despite subsection (2), the authorised officer may only drive, 15
or authorise someone else (the assistant) to drive, the heavy 16
vehicle if the authorised officer or assistant is qualified and fit 17
to drive it. 18
`(4) It is immaterial that-- 19
(a) the assistant is not the operator of the heavy vehicle; or 20
(b) the authorised officer or assistant is not authorised by 21
the operator to drive it. 22
`(5) If the authorised officer asks a service or towing vehicle 23
operator to move or remove the heavy vehicle, the service or 24
towing vehicle operator may take the steps that are reasonably 25
necessary to move or remove the heavy vehicle, as requested. 26
`(6) The authorised officer, the assistant or a service or towing 27
vehicle operator mentioned in subsection (5) may use the 28
force that is reasonably necessary to do any or all of the 29
following-- 30
(a) open unlocked doors and other unlocked panels and 31
things in the heavy vehicle; 32
(b) gain access to the heavy vehicle, its engine or other 33
mechanical components to enable it to be moved; 34
(c) enable the heavy vehicle to be towed. 35
s 41 48 s 41
Transport Legislation Amendment Bill 2007
`(7) Subsection (6) does not authorise an authorised officer, 1
assistant or service or towing vehicle operator to use force 2
against a person. 3
`(8) In this section-- 4
road includes a road-related area. 5
`33C Moving other stationary heavy vehicle if causing 6
harm or obstruction etc. 7
`(1) This section applies if an authorised officer reasonably 8
believes-- 9
(a) a heavy vehicle on a road or road-related area is 10
unattended or broken down; and 11
(b) the heavy vehicle-- 12
(i) is causing, or creating an imminent risk of, serious 13
harm to public safety, the environment or road 14
infrastructure; or 15
(ii) is causing, or likely to cause, an obstruction to 16
traffic. 17
`(2) The authorised officer may move or authorise someone else 18
(the assistant) to move the heavy vehicle or, if it is a 19
combination, any vehicle forming part of the combination, to 20
the extent it is reasonably necessary to avoid the harm or 21
obstruction. 22
Example-- 23
by driving, pushing or towing the vehicle 24
`(3) The authorised officer or assistant may-- 25
(a) enter the heavy vehicle to enable the authorised officer 26
or assistant to move it; and 27
(b) for a combination--separate any or all of the vehicles 28
forming part of the combination for the purpose of 29
moving them. 30
`(4) The authorised officer may drive the heavy vehicle or 31
authorise someone else (also the assistant) to drive it if the 32
authorised officer reasonably believes-- 33
(a) the heavy vehicle is driveable; and 34
s 42 49 s 43
Transport Legislation Amendment Bill 2007
(b) there is no-one else in or near the heavy vehicle who is 1
more capable of driving it and fit and willing to drive it. 2
`(5) It is immaterial that-- 3
(a) the assistant is not the operator of the heavy vehicle; or 4
(b) the authorised officer or assistant is not authorised by 5
the operator to drive the heavy vehicle or qualified to 6
drive it. 7
`(6) In driving the heavy vehicle under subsection (4), the 8
authorised officer or assistant is exempt from a provision of a 9
transport Act to the extent the provision would require the 10
authorised officer or assistant to be licensed to drive the 11
vehicle. 12
`(7) The authorised officer or assistant mentioned in subsection (2) 13
or (4) may use the force that is reasonably necessary to the 14
extent it is reasonably necessary to avoid the harm or 15
obstruction. 16
`(8) Subsection (7) does not authorise an authorised officer or 17
assistant to use force against a person.'. 18
Clause 42 Amendment of s 34 (Power to inspect vehicles) 19
Section 34(4)-- 20
omit. 21
Clause 43 Amendment of s 35 (Power to enter vehicles etc. other 22
than for vehicle inspection) 23
Section 35-- 24
insert-- 25
`(2A) Subsections (2B) and (2C) apply if-- 26
(a) the vehicle is a heavy vehicle; and 27
(b) the officer is not a police officer and reasonably believes 28
the heavy vehicle has, or may have, been involved in an 29
incident involving the death of, or injury to, a person or 30
damage to property. 31
`(2B) The authorised officer-- 32
s 44 50 s 44
Transport Legislation Amendment Bill 2007
(a) may exercise a power under this section only if 1
authorised to do so by a police officer of at least the rank 2
of inspector; and 3
(b) without limiting paragraph (a), may open unlocked 4
doors and other unlocked panels and things in the 5
vehicle for gaining entry to it under subsection (2)(a). 6
`(2C) Despite subsection (2)(a), an authorised officer who is not a 7
police officer must not use force to enter the vehicle.'. 8
Clause 44 Insertion of new ss 35A35C 9
After section 35-- 10
insert-- 11
`35A Further powers to inspect and search heavy vehicles 12
`(1) Without limiting sections 34 and 35, this section applies to a 13
heavy vehicle, whether or not it is unattended, if it is 14
stationary in a following place-- 15
(a) a road or road-related area; 16
(b) a public place; 17
(c) another place occupied or owned by the State or a 18
government entity; 19
(d) a prescribed place an authorised officer has entered 20
under section 26; 21
(e) a place an authorised officer has entered under section 22
26A or 26B. 23
`(2) An authorised officer may inspect the heavy vehicle to check 24
whether it complies with a transport Act or an alternative 25
compliance scheme. 26
`(3) Also, an authorised officer may search the heavy vehicle to 27
carry out a check as mentioned in subsection (2) if the 28
authorised officer reasonably believes-- 29
(a) the heavy vehicle has been used, is being used, or is 30
likely to be used, to commit an offence against a 31
transport Act; or 32
s 44 51 s 44
Transport Legislation Amendment Bill 2007
(b) the heavy vehicle may have been involved in an incident 1
involving injury to, or the death of, a person or damage 2
to property. 3
`(4) An authorised officer may form the belief mentioned in 4
subsection (3) whether or not the heavy vehicle has been 5
inspected under this Act. 6
`(5) Without limiting subsection (2) or (3), for exercising a power 7
under the subsection, the authorised officer may do any or all 8
of the following-- 9
(a) enter the heavy vehicle; 10
(b) exercise a power that an authorised officer may exercise 11
under section 35(2)(c) to (g); 12
(c) move, but not take away, anything in the heavy vehicle 13
that is not locked or sealed. 14
`(6) An authorised officer may exercise a power under this section 15
at any time and without the consent of the heavy vehicle's 16
driver or anyone else. 17
`(7) However, if an authorised officer has the belief mentioned in 18
subsection (3)(b) in relation to the heavy vehicle, the 19
authorised officer-- 20
(a) may exercise a power under this section in relation to 21
the vehicle only if authorised to do so by a police officer 22
of at least the rank of inspector; and 23
(b) without limiting paragraph (a), may open unlocked 24
doors and other unlocked panels and things in the 25
vehicle for gaining entry to it under subsection (5)(a). 26
`(8) This section does not authorise an authorised officer to use 27
force for exercising a power under this section. 28
`(9) Also, an authorised officer may not exercise a power under 29
this section in relation to a personal possession found in the 30
heavy vehicle. 31
`(10) In this section-- 32
prescribed place, in relation to a heavy vehicle, means-- 33
(a) a following place of a responsible person for the heavy 34
vehicle-- 35
s 44 52 s 44
Transport Legislation Amendment Bill 2007
(i) a place at or from which the responsible person 1
carries on a business; 2
(ii) a place that is occupied by the responsible person 3
in connection with a business carried on by the 4
responsible person; 5
(iii) the registered office of a business carried on by the 6
responsible person; or 7
(b) a place that is-- 8
(i) the garage address for the heavy vehicle; or 9
(ii) without limiting subparagraph (i), the base of a 10
driver of the heavy vehicle; or 11
(c) a place where a document relating to a heavy vehicle is 12
located or required to be kept under a transport Act or an 13
alternative compliance scheme. 14
transport Act does not include-- 15
(a) the Queensland Road Rules; or 16
(b) a regulation made under this Act applying to the 17
transport of dangerous goods. 18
`35B Further powers to access stored information or to 19
decide if anything found in a heavy vehicle may be 20
seized 21
`(1) Without limiting section 35 or 35A, this section applies to 22
help an authorised officer who exercises a power in relation to 23
a heavy vehicle under section 35 or 35A-- 24
(a) to access information contained on anything found in or 25
at the vehicle; or 26
Example of information contained on a thing-- 27
information contained on a disk, tape or other device 28
(b) to decide if anything found in the vehicle may be seized 29
under division 3. 30
`(2) The authorised officer, or a person helping the authorised 31
officer, may exercise the power by operating equipment that 32
is-- 33
s 44 53 s 44
Transport Legislation Amendment Bill 2007
(a) in or at the heavy vehicle; or 1
(b) taken into the vehicle under section 35(2)(g); or 2
(c) where the thing has been moved under subsection (4). 3
`(3) However, subsection (2) only applies if the authorised officer 4
or person reasonably believes-- 5
(a) the equipment is suitable for exercising the power; and 6
(b) the power can be exercised without damaging the 7
equipment or thing. 8
`(4) For exercising a power as mentioned in subsection (1)(b), the 9
authorised officer may move the thing to somewhere else if-- 10
(a) it is not practicable to exercise the power in relation to 11
the thing where it is found; or 12
(b) the person in control of the vehicle consents in writing. 13
`35C Running or stopping heavy vehicle engine 14
`(1) An authorised officer may enter a heavy vehicle and run or 15
stop its engine (take the prescribed action) or authorise 16
someone else (the assistant) to enter the vehicle and take the 17
prescribed action if-- 18
(a) a person fails to comply with a requirement made by an 19
authorised officer under section 39 to take the 20
prescribed action; or 21
(b) no responsible person for the heavy vehicle is available 22
or willing to take the prescribed action; or 23
(c) the authorised officer reasonably believes there is 24
no-one else in or near the heavy vehicle who is more 25
capable of taking the prescribed action and is fit and 26
willing to do so. 27
`(2) The authorised officer or assistant may use the force that is 28
reasonably necessary to enter the heavy vehicle and take the 29
prescribed action. 30
`(3) Subsection (2) does not authorise an authorised officer or 31
assistant to use force against a person. 32
`(4) It is immaterial that-- 33
s 45 54 s 45
Transport Legislation Amendment Bill 2007
(a) the assistant is not the operator of the heavy vehicle; or 1
(b) the authorised officer or assistant is not-- 2
(i) authorised by the operator to drive the heavy 3
vehicle or take the prescribed action; or 4
(ii) qualified to drive the heavy vehicle or take the 5
prescribed action. 6
`(5) This section does not authorise the authorised officer or 7
assistant to drive the heavy vehicle. 8
`(6) In running the engine, the authorised officer or assistant is 9
exempt from a provision of a transport Act to the extent the 10
provision would require the authorised officer or assistant to 11
be qualified to take the prescribed action.'. 12
Clause 45 Amendment of s 38 (Power to prohibit persons driving) 13
Section 38(1) and (2)-- 14
omit, insert-- 15
`(1) This section applies if-- 16
(a) a motor vehicle is stationary on a road or road-related 17
area or has been stopped under section 31 or 32; and 18
(b) an authorised officer reasonably believes a person would 19
contravene this Act by driving the vehicle. 20
`(2) The authorised officer may require a person mentioned in 21
paragraph (a) or (b) not to drive the vehicle in contravention 22
of this Act-- 23
(a) for a vehicle other than a heavy vehicle--the person in 24
control of it; or 25
(b) for a heavy vehicle--any person. 26
`(2A) The requirement-- 27
(a) for a vehicle other than a heavy vehicle--must be given 28
by notice in the approved form; or 29
(b) for a heavy vehicle--may be given orally or in any other 30
way, including, for example, by way of a sign or 31
electronic or other signal.'. 32
s 46 55 s 46
Transport Legislation Amendment Bill 2007
Clause 46 Amendment of s 39 (Powers to enable effective and safe 1
exercise of other powers) 2
(1) Section 39(1)-- 3
omit, insert-- 4
`(1) An authorised officer may require a person mentioned in 5
paragraph (a) or (b) to give the officer reasonable help to 6
enable the officer to effectively exercise a power under this 7
Act in relation to a vehicle-- 8
(a) for a vehicle other than a heavy vehicle--the person in 9
control of the vehicle; or 10
(b) for a heavy vehicle--a responsible person for the 11
vehicle. 12
Example of requirements for vehicles other than heavy vehicles-- 13
to open the vehicle's bonnet to enable the engine to be inspected 14
Examples of requirements for heavy vehicles-- 15
· to hold the heavy vehicle stationary on a weighing device to enable 16
the heavy vehicle to be weighed 17
· to open the heavy vehicle's bonnet to enable the engine to be 18
inspected 19
· to help the authorised officer to weigh or measure all or part of the 20
heavy vehicle, including an axle or axle group 21
· to help the authorised officer to weigh or measure all or part of the 22
heavy vehicle's equipment or load 23
· to operate equipment or facilities 24
· to give access, free of charge, to photocopying equipment 25
`(1A) A requirement that may be made under subsection (1)-- 26
(a) includes a requirement to run or stop the vehicle's 27
engine; but 28
(b) does not include-- 29
(i) a requirement to drive the vehicle; or 30
(ii) a requirement to produce a document or give 31
information; or 32
(iii) a requirement to help the authorised officer find 33
and gain access to a document or information. 34
s 46 56 s 46
Transport Legislation Amendment Bill 2007
Editor's note-- 1
For the power to make a requirement mentioned in 2
subparagraph (ii), see sections 49 and 50. For the power to 3
make a requirement mentioned in subparagraph (iii), see 4
section 50AB. 5
`(1B) Subsections (1C) to (1F) apply if a responsible person for a 6
heavy vehicle is required, under subsection (1), to run or stop 7
the vehicle's engine (take the prescribed action). 8
`(1C) The responsible person may use the force that is reasonably 9
necessary to enter the heavy vehicle and take the prescribed 10
action. 11
`(1D) Subsection (1C) does not authorise the responsible person to 12
use force against a person. 13
`(1E) It is immaterial that-- 14
(a) the responsible person is not the operator of the heavy 15
vehicle; or 16
(b) the responsible person is not-- 17
(i) authorised by the operator to drive the heavy 18
vehicle or take the prescribed action; or 19
(ii) qualified to drive the heavy vehicle or take the 20
prescribed action. 21
`(1F) In running the engine, the responsible person is exempt from a 22
provision of a transport Act to the extent the provision would 23
require the responsible person to be qualified to take the 24
prescribed action.'. 25
(2) Section 39(2), `or just'-- 26
omit, insert-- 27
`or has just'. 28
(3) Section 39(2), examples-- 29
omit, insert-- 30
`Examples-- 31
· require the persons in the vehicle to get out of the vehicle while the 32
authorised officer inspects the vehicle's undercarriage 33
· require a person who has just left the vehicle to stand back from the 34
carriageway of the road 35
s 47 57 s 47
Transport Legislation Amendment Bill 2007
· require a person to remain in control of the vehicle for a reasonable 1
time 2
`(2A) A requirement under subsection (1) or (2) may be made 3
orally, in writing or in any other way, including, for example, 4
by way of a sign, electronic or other signal, post, telephone, 5
facsimile, electronic mail or radio.'. 6
Clause 47 Insertion of new ch 3, pt 3, div 2, sdivs 4 and 5 7
Chapter 3, part 3, division 2, after section 39A-- 8
insert-- 9
`Subdivision 4 Other provisions about stopping 10
and moving vehicles etc. 11
`39B Stopped or moved vehicle to remain at a place 12
`(1) This section applies if a person is required to-- 13
(a) stop a vehicle under section 31 or 32; or 14
(b) move a vehicle to a place under section 33 or 33A. 15
`(2) The person must not allow the vehicle to be moved from the 16
place where it is stopped or moved to, until the end of the time 17
reasonably necessary to enable the authorised officer to 18
perform a function or exercise a power for which the vehicle 19
was stopped or moved. 20
Maximum penalty-- 21
(a) for a private vehicle--60 penalty units; or 22
(b) for a prescribed heavy vehicle--80 penalty units. 23
`39C Interfering with prescribed heavy vehicle equipment or 24
load 25
`(1) This section applies if a person is required-- 26
(a) to stop a prescribed heavy vehicle under section 32; or 27
(b) to move a prescribed heavy vehicle or a heavy vehicle to 28
a place under section 33; or 29
(c) to move a heavy vehicle to a place under section 33A. 30
s 47 58 s 47
Transport Legislation Amendment Bill 2007
`(2) A person must not, for the time reasonably necessary to 1
enable the authorised officer to perform a function or exercise 2
a power for which the prescribed heavy vehicle or heavy 3
vehicle was stopped or moved-- 4
(a) interfere with any equipment in the vehicle; or 5
(b) unload or change the position of any part of the vehicle's 6
load. 7
Maximum penalty--80 penalty units. 8
`Subdivision 5 Further powers in relation to heavy 9
vehicles concerning mass, 10
dimension or loading requirements 11
`39D Application of sdiv 5 12
`This subdivision applies to a heavy vehicle regardless of 13
whether the vehicle is, has been, or becomes the subject of a 14
direction or requirement given or made by an authorised 15
officer under another provision of this part. 16
`39E Powers for minor risk breach of mass, dimension or 17
loading requirement 18
`(1) This section applies if an authorised officer reasonably 19
believes a heavy vehicle-- 20
(a) is the subject of 1 or more minor risk breaches of mass, 21
dimension or loading requirements; and 22
(b) is not, or is no longer, also the subject of a substantial, or 23
severe, risk breach of a mass, dimension or loading 24
requirement. 25
`(2) If the authorised officer reasonably believes it appropriate in 26
the circumstances, the officer may give the driver or operator 27
of the heavy vehicle-- 28
(a) a direction to immediately rectify stated breaches of 29
mass, dimension or loading requirements relating to the 30
vehicle; or 31
s 47 59 s 47
Transport Legislation Amendment Bill 2007
(b) a direction to move the vehicle, or cause it to be moved, 1
to a stated place and not to move the vehicle from there 2
until stated breaches of mass, dimension or loading 3
requirements relating to the vehicle are rectified. 4
Examples of circumstances for subsection (2)-- 5
1 Rectification is reasonable and can be carried out easily. 6
2 Rectification is necessary in the public interest to avoid the 7
potential risk of harm to public safety, the environment, road 8
infrastructure or public amenity. 9
`(3) A place mentioned in subsection (2)(b) must be-- 10
(a) a place the authorised officer reasonably believes is 11
suitable for the purpose of complying with the direction; 12
and 13
(b) within a 30km radius from-- 14
(i) where the heavy vehicle is located when the 15
direction is given; or 16
(ii) if the requirement is given in the course of the 17
vehicle's journey--any point along the forward 18
route of the journey. 19
`(4) If the authorised officer does not give the driver or operator of 20
a heavy vehicle a direction under subsection (2) and the 21
authorised officer reasonably believes the driver or operator is 22
not, or is no longer, subject to a direction for the rectification 23
of a minor risk breach of a mass, dimension or loading 24
requirement relating to the vehicle, the officer may authorise 25
the driver or operator to continue the vehicle's journey. 26
`(5) An authorisation or direction given under this section must be 27
in writing and may be given with or without conditions. 28
`(6) Despite subsection (5), a direction to move a heavy vehicle 29
may be given orally if the moving of the vehicle is carried out 30
in the presence, or under the supervision, of an authorised 31
officer. 32
`(7) The person to whom an authorisation or direction is given 33
under this section must comply with the authorisation or 34
direction, unless the person has a reasonable excuse. 35
Maximum penalty--120 penalty units. 36
s 47 60 s 47
Transport Legislation Amendment Bill 2007
`(8) In this section-- 1
stated means stated by the authorised officer. 2
`39F Powers for substantial risk breach of mass, 3
dimension or loading requirement 4
`(1) This section applies if an authorised officer reasonably 5
believes-- 6
(a) a heavy vehicle is the subject of 1 or more substantial 7
risk breaches of mass, dimension or loading 8
requirements; and 9
(b) the heavy vehicle is not, or is no longer, also the subject 10
of a severe risk breach of a mass, dimension or loading 11
requirement. 12
`(2) The authorised officer must give the driver or operator of the 13
heavy vehicle-- 14
(a) a direction not to move the vehicle until stated breaches 15
of mass, dimension or loading requirements relating to 16
the vehicle are rectified; or 17
(b) a direction to move the heavy vehicle, or cause it to be 18
moved, to a stated reasonable place and not to move it 19
from there until stated breaches of mass, dimension or 20
loading requirements relating to the vehicle are rectified, 21
if circumstances warranting the giving of the direction 22
exist. 23
Examples of reasonable place for paragraph (b)-- 24
· the intended destination of the vehicle's journey 25
· the depot of the vehicle or, if the vehicle is a combination, 26
the depot of a vehicle in the combination 27
Example of circumstances for paragraph (b)-- 28
Moving the vehicle is necessary in the public interest to avoid 29
the potential risk of harm to public safety, the environment, road 30
infrastructure or public amenity. 31
`(3) The direction must be in writing and may be given with or 32
without conditions. 33
`(4) Despite subsection (3), a direction to move a heavy vehicle 34
may be given orally if the moving of the vehicle is carried out 35
s 47 61 s 47
Transport Legislation Amendment Bill 2007
in the presence, or under the supervision, of an authorised 1
officer. 2
`(5) The person to whom the direction is given must comply with 3
it, unless the person has a reasonable excuse. 4
Maximum penalty--120 penalty units. 5
`(6) In this section-- 6
stated means stated by the authorised officer. 7
`39G Powers for severe risk breach of mass, dimension or 8
loading requirement 9
`(1) This section applies if an authorised officer reasonably 10
believes a heavy vehicle is the subject of 1 or more severe risk 11
breaches of mass, dimension or loading requirements. 12
`(2) The authorised officer must give the driver or operator of the 13
heavy vehicle-- 14
(a) a direction not to proceed until stated breaches of mass, 15
dimension or loading requirements relating to the 16
vehicle are rectified; or 17
(b) if the prescribed circumstances exist, a direction-- 18
(i) to move the heavy vehicle, or cause it to be moved, 19
to the nearest stated safe location; and 20
(ii) not to proceed from there until stated breaches of 21
mass, dimension or loading requirements relating 22
to the vehicle are rectified. 23
`(3) A direction given under subsection (2) must be in writing and 24
may be given with or without conditions. 25
`(4) Despite subsection (3), a direction to move a heavy vehicle 26
may be given orally if the moving of the vehicle is carried out 27
in the presence, or under the supervision, of an authorised 28
officer. 29
`(5) The person to whom the direction is given must comply with 30
it, unless the person has a reasonable excuse. 31
Maximum penalty--120 penalty units. 32
s 47 62 s 47
Transport Legislation Amendment Bill 2007
`(6) Nothing in this section prevents an authorised officer from 1
taking into account the safety of the heavy vehicle or any load 2
in it if the officer reasonably believes the officer can do so 3
without prejudicing the safety of other property, people, the 4
environment, road infrastructure or public amenity. 5
`(7) In this section-- 6
prescribed circumstances means-- 7
(a) there is an appreciable risk of harm to the environment, 8
road infrastructure or public amenity; or 9
(b) there is a risk to the safety of people, or live animals, in 10
the vehicle. 11
risk of harm to public safety, in relation to a heavy vehicle-- 12
(a) includes the risk of harm to the safety of people, or live 13
animals, in the vehicle; but 14
(b) does not include the risk of harm to the safety of the 15
vehicle or any load, other than a live animal, in the 16
vehicle. 17
safe location means a location where the authorised officer 18
reasonably believes the vehicle will pose a reduced risk or no 19
appreciable risk of harm to public safety, the environment, 20
transport infrastructure or public amenity. 21
Example of a safe location-- 22
the depot of the vehicle or, if the vehicle is a combination, the depot of a 23
vehicle in the combination 24
stated means stated by the authorised officer. 25
`39H Operation of direction in relation to a combination 26
`(1) This section applies if a direction is given under this 27
subdivision in relation to a combination. 28
`(2) Subject to subsection (3), nothing in this subdivision prevents 29
a component vehicle of the combination from being 30
separately driven or moved if-- 31
(a) the component vehicle is not itself the subject of a 32
contravention of a mass, dimension or loading 33
requirement; and 34
s 48 63 s 48
Transport Legislation Amendment Bill 2007
(b) it is not otherwise unlawful for the component vehicle to 1
be driven or moved. 2
`(3) Subsection (2) does not apply if a condition of the direction 3
prevents the component vehicle from being separately driven 4
or moved. 5
`(4) In this section-- 6
component vehicle, of a combination, means a towing vehicle 7
or trailer of the combination.'. 8
Clause 48 Insertion of new s 40A 9
After section 40-- 10
insert-- 11
`40A Further powers to seize evidence in relation to heavy 12
vehicle 13
`(1) An authorised officer who enters a place-- 14
(a) because the officer has the belief and suspicion 15
mentioned in section 26A(3); or 16
(b) under section 26B; 17
may seize a document, device or other thing that is in the 18
place if the officer reasonably believes it is, or may provide, 19
evidence of an offence against a transport Act. 20
`(2) Subsection (3) applies if, under this part, an authorised officer, 21
or a person helping the officer-- 22
(a) either-- 23
(i) enters a place in relation to a heavy vehicle; or 24
(ii) enters or inspects a heavy vehicle; and 25
(b) finds a disk, tape or other storage device (the original 26
information storage device) containing information the 27
authorised officer reasonably believes is relevant to 28
decide whether a transport Act or an alternative 29
compliance scheme has been contravened. 30
`(3) The authorised officer or person may-- 31
(a) put the information in documentary form and seize the 32
document; or 33
s 49 64 s 49
Transport Legislation Amendment Bill 2007
(b) copy the information from the original information 1
storage device to another information storage device and 2
seize the other information storage device; or 3
(c) seize the original information storage device and any 4
equipment at the place or vehicle necessary for 5
accessing the information contained in the device if-- 6
(i) it is not practicable to take action, at the place or 7
vehicle, under paragraph (a) or (b) in relation to the 8
information; and 9
(ii) the officer or person reasonably believes the device 10
and equipment can be seized without being 11
damaged. 12
`(4) In this section-- 13
transport Act does not include-- 14
(a) the Queensland Road Rules; or 15
(b) a regulation made under this Act applying to the 16
transport of dangerous goods.'. 17
Clause 49 Amendment of s 46 (Return of seized things) 18
Section 46(2), from `satisfied'-- 19
omit, insert-- 20
`satisfied-- 21
(a) its retention as evidence of an offence against a transport 22
Act is necessary; or 23
(b) for equipment seized under section 40A(3)(c)--the 24
equipment is needed to access the information. 25
`(3) Despite subsections (1) and (2), if the chief executive or the 26
commissioner (the official) gave the seized thing to an 27
external public authority under section 168B, the official must 28
ensure the seized thing is returned to its owner as soon as 29
practicable after the official is satisfied its retention as 30
evidence for the external public authority's law enforcement 31
purposes is no longer necessary.'. 32
s 50 65 s 50
Transport Legislation Amendment Bill 2007
Clause 50 Insertion of new ch 3, pt 3, div 3B 1
Chapter 3, part 3-- 2
insert-- 3
`Division 3B Embargo notice for evidence about 4
heavy vehicle 5
`46B Embargo notice 6
`(1) This section applies if-- 7
(a) an authorised officer may seize a document, device or 8
other thing under this part in relation to a heavy vehicle; 9
and 10
(b) the thing can not, or can not readily, be physically seized 11
and removed. 12
`(2) The authorised officer may issue a written notice (embargo 13
notice) under this section prohibiting any dealing with the 14
thing or any part of it without the written consent of the chief 15
executive, commissioner or authorised officer. 16
`(3) The embargo notice-- 17
(a) must be in the approved form, or contain the particulars 18
prescribed under a regulation; and 19
(b) must list the activities it prohibits; and 20
(c) must set out a copy of section 46C(1) and (3). 21
`(4) The authorised officer may issue the embargo notice-- 22
(a) by causing a copy of it to be served on the relevant 23
entity; or 24
(b) if the relevant entity can not be located after all 25
reasonable steps have been taken to do so, by fixing a 26
copy of the embargo notice in a prominent position on 27
the thing the subject of the notice. 28
`(5) In this section-- 29
dealing, with a thing or part of a thing, includes-- 30
(a) moving, selling, leasing or transferring the thing or part; 31
and 32
s 50 66 s 50
Transport Legislation Amendment Bill 2007
(b) changing information on, or deleting information from, 1
the thing or part. 2
relevant entity, for an embargo notice, means-- 3
(a) the person in control of the heavy vehicle to which the 4
thing the subject of the embargo notice relates; or 5
(b) the occupier of the place in which the thing the subject 6
of the embargo notice is located. 7
`46C Noncompliance with embargo notice 8
`(1) A person who knows that an embargo notice relates to a 9
document, device or other thing (the embargoed thing) must 10
not-- 11
(a) do anything the notice prohibits; or 12
(b) instruct someone else to do anything the notice prohibits 13
or prohibits the person from doing. 14
Maximum penalty--107 penalty units. 15
`(2) In a proceeding for an offence against subsection (1) to the 16
extent it relates to a charge that the person charged with the 17
offence (defendant) moved the embargoed thing, or part of it, 18
it is a defence if the defendant proves that he or she-- 19
(a) moved the embargoed thing, or part of it, to protect or 20
preserve it; or 21
(b) notified the authorised officer who issued the embargo 22
notice of the move and new location of the embargoed 23
thing, or part of it, within 48 hours after the move. 24
`(3) A person served with an embargo notice must take all 25
reasonable steps to stop any other person from doing anything 26
forbidden by the notice. 27
Maximum penalty--107 penalty units. 28
`(4) Despite any other Act or law, a sale, lease, transfer or other 29
dealing with an embargoed thing in contravention of this 30
section is void.'. 31
s 51 67 s 51
Transport Legislation Amendment Bill 2007
Clause 51 Insertion of new s 48A 1
After section 48-- 2
insert-- 3
`48A Further power to require personal details for 4
exercising power in relation to heavy vehicle 5
`(1) This section applies if-- 6
(a) an authorised officer finds a person committing a heavy 7
vehicle offence; or 8
(b) an authorised officer reasonably suspects a person has 9
committed, or is about to commit, a heavy vehicle 10
offence; or 11
(c) an authorised officer reasonably suspects a person is or 12
may be the driver or other person in control of a heavy 13
vehicle that has or may have been involved in an 14
incident involving injury to, or death of, a person or 15
damage to property; or 16
(d) an authorised officer reasonably suspects a person is or 17
may be-- 18
(i) a responsible person for a heavy vehicle involved 19
in a heavy vehicle offence or suspected heavy 20
vehicle offence; and 21
(ii) able to help in the investigation of the offence or 22
suspected offence. 23
`(2) The officer may require the person to state the person's 24
personal details. 25
`(3) When making the requirement, the officer must warn the 26
person it is an offence to fail to state the person's personal 27
details, unless the person has a reasonable excuse. 28
`(4) The officer may require the person to give evidence of the 29
correctness of the stated personal details if the officer 30
reasonably suspects the stated personal details are false or 31
misleading. 32
`(5) A person must comply with a requirement under subsection 33
(2) or (4), unless the person has a reasonable excuse. 34
Maximum penalty--60 penalty units. 35
s 52 68 s 52
Transport Legislation Amendment Bill 2007
`(6) Without limiting what may be a reasonable excuse for 1
subsection (5), in a proceeding for an offence of contravening 2
a requirement made under subsection (2) to state a business 3
address, it is a defence if the person charged with the offence 4
proves-- 5
(a) the person did not have a business address; or 6
(b) the person's business address was not connected, 7
directly or indirectly, with road transport involving 8
heavy vehicles. 9
`(7) A person does not commit an offence against subsection (5) 10
if-- 11
(a) the person was required to state the person's personal 12
details by an authorised officer who suspected the 13
person had committed a heavy vehicle offence; and 14
(b) the person is not proved to have committed the offence. 15
`(8) In this section-- 16
heavy vehicle offence means an offence that involves or 17
relates to a heavy vehicle-- 18
(a) against a transport Act, other than the Queensland Road 19
Rules; or 20
(b) against a regulation made under this Act applying to the 21
transport of dangerous goods. 22
personal details, of a person, means 1 or more of the 23
following-- 24
(a) the person's full name; 25
(b) the person's date of birth; 26
(c) the address where the person is living; 27
(d) the address where the person usually lives; 28
(e) the person's business address.'. 29
Clause 52 Amendment of s 49 (Power to require documents to be 30
produced) 31
(1) Section 49(1)-- 32
omit, insert-- 33
s 53 69 s 53
Transport Legislation Amendment Bill 2007
`(1) Subject to subsection (2A), an authorised officer may require 1
a person to produce for inspection a document issued, or 2
required to be kept, by the person under a transport Act or a 3
corresponding law. 4
Examples-- 5
· an Australian driver licence 6
· a log book'. 7
(2) Section 49-- 8
insert-- 9
`(2A) Only an authorised officer who is a police officer may require 10
the driver of a private vehicle to produce his or her driver 11
licence under subsection (1).'. 12
Clause 53 Amendment of s 50AA (Power to require information) 13
(1) Section 50AA, heading-- 14
omit, insert-- 15
`50AA Chief executive's or commissioner's power to require 16
information if information offence committed'. 17
(2) Section 50AA(1), `reasonably to suspect'-- 18
omit, insert-- 19
`to reasonably suspect'. 20
(3) Section 50AA(3)(c) and (d)-- 21
omit, insert-- 22
`(c) if the person is an individual, advise the person that-- 23
(i) it is not a reasonable excuse for the person to fail to 24
give the information because the information 25
might tend to incriminate the person; and 26
(ii) the information, and any evidence directly or 27
indirectly derived from the information that might 28
tend to incriminate the person, is not admissible in 29
evidence against the person in a civil or criminal 30
proceeding, other than a proceeding for an offence 31
about the falsity of the information.'. 32
s 54 70 s 54
Transport Legislation Amendment Bill 2007
(4) Section 50AA(6), after `However,'-- 1
insert-- 2
`if the person is an individual,'. 3
(5) Section 50AA(6A), after `person'-- 4
insert-- 5
`is an individual and'. 6
(6) Section 50AA(6D), `the person'-- 7
omit, insert-- 8
`a person who is an individual'. 9
Clause 54 Insertion of new s 50AB 10
Chapter 3, part 3, division 4-- 11
insert-- 12
`50AB Power to require help to find and access documents 13
or information about heavy vehicle 14
`(1) An authorised officer may require a responsible person for a 15
heavy vehicle to help the officer find and gain access to any 16
documents or information to enable the officer to effectively 17
exercise a power under any of the following provisions for 18
monitoring or enforcing compliance with this Act in relation 19
to the vehicle-- 20
· section 30(2)(a) or (b) 21
· section 30A(2) or (4) 22
· section 35(2)(b) or (c) 23
· section 35A(2) or (3) 24
· section 40 25
· section 40A. 26
Examples of documents or information-- 27
· a document required to be kept in the vehicle under a transport Act 28
about the vehicle's performance, specifications, capabilities or 29
authorised operations 30
s 55 71 s 55
Transport Legislation Amendment Bill 2007
· a weighing document for a container loaded on to the vehicle 1
· a telephone record 2
`(2) A person must comply with a requirement under subsection 3
(1), unless the person has a reasonable excuse. 4
Maximum penalty--120 penalty units. 5
`(3) In this section-- 6
information includes electronically stored information.'. 7
Clause 55 Insertion of new ch 3, pts 4B and 4C 8
Chapter 3-- 9
insert-- 10
`Part 4B Reciprocal powers of 11
authorised officers 12
`51F Reciprocal powers 13
`(1) This section has effect in relation to the Commonwealth or 14
another State (the other jurisdiction) while a law of the other 15
jurisdiction contains a provision corresponding to this section. 16
`(2) The Minister may enter into an agreement with a Minister of 17
the other jurisdiction for the purposes of this section and to 18
amend or revoke the agreement. 19
`(3) To the extent envisaged by the agreement-- 20
(a) an authorised officer, other than a police officer, may, in 21
Queensland or the other jurisdiction, exercise a power in 22
relation to a heavy vehicle that is conferred on officers 23
of the other jurisdiction under the law of the other 24
jurisdiction; and 25
(b) an authorised officer who is a police officer may, in 26
Queensland or the other jurisdiction, exercise a power in 27
relation to a heavy vehicle that is conferred on a police 28
officer of the other jurisdiction under the law of the 29
other jurisdiction; and 30
(c) an officer, other than a police officer, of the other 31
jurisdiction may, in Queensland or the other jurisdiction, 32
s 55 72 s 55
Transport Legislation Amendment Bill 2007
exercise a power in relation to a heavy vehicle that is 1
conferred on authorised officers, other than police 2
officers, under this Act; and 3
(d) a police officer of the other jurisdiction may, in 4
Queensland or the other jurisdiction, exercise a power in 5
relation to a heavy vehicle that is conferred on 6
authorised officers who are police officers under this 7
Act. 8
`(4) However, if, under this Act or the law of the other jurisdiction, 9
a power may only be exercised in relation to a heavy vehicle 10
by a police officer, an authorised officer who is not a police 11
officer must not exercise the power in relation to a heavy 12
vehicle in Queensland or the other jurisdiction. 13
`(5) Anything done or omitted to be done by an authorised officer 14
or police officer under subsection (3)(a) or (b) is taken to have 15
been done under this Act as well as under the law of the other 16
jurisdiction. 17
`(6) A regulation may make provision for the exercise of a power 18
under this section. 19
`(7) Nothing in this section affects the appointment under section 20
20(2) of a person as an authorised officer for this Act. 21
`Part 4C Chief executive's powers for 22
vehicles 23
`Division 1 Moving vehicles 24
`51G Moving abandoned, or otherwise stationary, vehicle 25
on prescribed road 26
`(1) This section applies if-- 27
(a) either-- 28
s 55 73 s 55
Transport Legislation Amendment Bill 2007
(i) a vehicle on a prescribed road is immobilised by a 1
breakdown, collision or fuel shortage or is 2
otherwise stationary; or 3
(ii) the chief executive reasonably believes a vehicle 4
on a prescribed road is abandoned; and 5
(b) either-- 6
(i) the chief executive can not immediately find the 7
person in control of the vehicle; or 8
(ii) the chief executive can immediately find the 9
person in control of the vehicle but reasonably 10
believes the person is unable or unwilling to move 11
the vehicle immediately. 12
`(2) The chief executive may take the steps that are reasonably 13
necessary to move the vehicle on, or remove the vehicle from, 14
the prescribed road. 15
Example of reasonably necessary steps-- 16
driving, pushing or towing the vehicle 17
`(3) If the chief executive asks a service or towing vehicle operator 18
to move or remove the vehicle, the service or towing vehicle 19
operator may take the steps that are reasonably necessary to 20
move or remove it as requested. 21
`(4) However, for a vehicle mentioned in subsection (1)(a)(i), the 22
chief executive may take the steps mentioned in subsection (2) 23
only if the chief executive reasonably believes it is necessary 24
for the safety or convenience of people using the prescribed 25
road. 26
`Division 2 Recovering moving expenses 27
`51H Definition for div 2 28
`In this division-- 29
moving expenses, for a vehicle, means reasonable expenses 30
relating to 1 or more of the following acts-- 31
(a) calling a service or towing vehicle to the vehicle on a 32
prescribed road; 33
s 55 74 s 55
Transport Legislation Amendment Bill 2007
(b) moving the vehicle on a prescribed road; 1
(c) removing the vehicle from a prescribed road; 2
(d) storing the vehicle after it has been removed from a 3
prescribed road; 4
(e) releasing a vehicle mentioned in paragraph (d) from 5
storage; 6
(f) disposing of a vehicle mentioned in paragraph (c) other 7
than by selling it. 8
`51I Recovering moving expenses 9
`(1) The chief executive may recover as a debt the moving 10
expenses for a vehicle incurred by the State under this part. 11
`(2) The moving expenses may be recovered from-- 12
(a) the person who was in control of the vehicle 13
immediately before it was moved or removed; or 14
(b) if the identity of the person mentioned in paragraph (a) 15
can not be discovered--the vehicle's owner, unless the 16
vehicle was being used without the owner's consent. 17
`51J Notice to owner 18
`(1) As soon as practicable, but within 14 days after removing a 19
vehicle from a prescribed road, the chief executive must give 20
the owner of the vehicle a written notice-- 21
(a) stating that the vehicle has been removed; and 22
(b) explaining how it may be recovered; and 23
(c) stating that it may be sold if it is not recovered. 24
`(2) If the owner can not be identified or located within the 14 25
days, the notice may be given by publishing it in a newspaper 26
circulating generally in the State. 27
`(3) The chief executive need not give the notice required by this 28
section if-- 29
(a) the chief executive reasonably believes the vehicle is 30
abandoned; and 31
s 55 75 s 55
Transport Legislation Amendment Bill 2007
(b) either-- 1
(i) the proceeds of the vehicle's sale are not likely to 2
cover-- 3
(A) the moving expenses for the vehicle; and 4
(B) the expenses reasonably incurred by the 5
chief executive in selling the vehicle; or 6
(ii) it is otherwise impracticable to give the notice. 7
`51K Releasing removed vehicle 8
`The chief executive must release a vehicle that was removed 9
from a prescribed road to its owner if-- 10
(a) the vehicle was used by a person without the owner's 11
consent immediately before it was removed; or 12
(b) the vehicle was used by the owner or a person with the 13
owner's consent immediately before it was removed and 14
the moving expenses for the vehicle have been paid. 15
`51L Disposing of removed vehicle 16
`(1) The chief executive may dispose of a vehicle removed from a 17
prescribed road if-- 18
(a) the moving expenses for the vehicle are not paid within 19
2 months after a notice is given to the vehicle's owner 20
under section 51J; or 21
(b) if the chief executive decides under section 51J(3) not to 22
give a notice to the vehicle's owner--at least 2 months 23
have passed since the chief executive made the decision. 24
`(2) Unless subsection (3) applies, the chief executive may only 25
dispose of the vehicle by selling it. 26
`(3) If the sale proceeds of the vehicle are not likely to cover the 27
moving expenses and sale expenses for the vehicle, the chief 28
executive may dispose of the vehicle in the way the chief 29
executive considers appropriate. 30
`(4) If the vehicle is sold, the sale proceeds must be applied in 31
making payments in the following order-- 32
s 56 76 s 57
Transport Legislation Amendment Bill 2007
(a) the sale expenses for the vehicle; 1
(b) the moving expenses for the vehicle; 2
(c) any balance to the owner. 3
`(5) If the sale proceeds are less than the moving expenses and sale 4
expenses for the vehicle, the difference is a debt payable to the 5
State by the person who is liable under section 51I for the 6
moving expenses. 7
`(6) The chief executive may waive all or part of the moving 8
expenses and sale expenses. 9
`(7) Compensation is not recoverable against the chief executive or 10
the State for a payment made under this section. 11
`(8) In this section-- 12
sale expenses, for a vehicle, means the expenses reasonably 13
incurred by the chief executive in selling the vehicle.'. 14
Clause 56 Amendment of s 52 (False or misleading statements) 15
Section 52(2), penalty-- 16
omit, insert-- 17
`Maximum penalty-- 18
(a) if paragraph (b) does not apply--60 penalty units; or 19
(b) if the statement relates to a heavy vehicle--134 penalty 20
units.'. 21
Clause 57 Amendment of s 53 (False or misleading documents) 22
(1) Section 53, heading, after `documents'-- 23
insert-- 24
`, generally'. 25
(2) Section 53(2), penalty-- 26
omit, insert-- 27
`Maximum penalty-- 28
(a) if paragraph (b) does not apply--60 penalty units; or 29
s 58 77 s 58
Transport Legislation Amendment Bill 2007
(b) if the information relates to a heavy vehicle--134 1
penalty units.'. 2
Clause 58 Insertion of new ss 53B53D 3
After section 53A-- 4
insert-- 5
`53B False or misleading transport documentation for 6
goods 7
`(1) This section applies if-- 8
(a) goods are consigned for transport by road, or partly by 9
road and partly by another method; and 10
(b) all or part of the road transport happens or is to happen 11
in Queensland by use of a heavy vehicle. 12
`(2) Each consignor of the goods commits an offence if the 13
transport documentation for the consignment is false or 14
misleading in a material particular relating to the mass, 15
dimension or loading of any or all of the goods. 16
Maximum penalty--134 penalty units. 17
`(3) Each packer of the goods commits an offence if-- 18
(a) the goods are packed in Australia in a freight container 19
or other container, or in a package or on a pallet, for 20
road transport; and 21
(b) the transport documentation for the consignment is false 22
or misleading in a material particular relating to the 23
mass, dimension or loading of any or all of the goods. 24
Maximum penalty--134 penalty units. 25
`(4) Each loader of the goods commits an offence if-- 26
(a) the goods are loaded on a heavy vehicle for road 27
transport; and 28
(b) the transport documentation for the consignment is false 29
or misleading in a material particular relating to the 30
mass, dimension or loading of any or all of the goods. 31
Maximum penalty--134 penalty units. 32
s 58 78 s 58
Transport Legislation Amendment Bill 2007
`(5) Each receiver of the goods in Australia commits an offence 1
if-- 2
(a) the goods are packed outside Australia in a freight 3
container or other container, or in a package or on a 4
pallet, for road transport; and 5
(b) the transport documentation for the consignment is false 6
or misleading in a material particular about the mass, 7
dimension or loading of any or all of the goods. 8
Maximum penalty--134 penalty units. 9
`(6) In a proceeding for an offence against subsection (2), (3), (4) 10
or (5), the person charged has the benefit of the reasonable 11
steps defence for the offence. 12
Editor's note-- 13
See section 57D for the reasonable steps defence. 14
`(7) In this section-- 15
receiver, of goods in Australia, means a person who, other 16
than the person who merely unloads the goods-- 17
(a) first receives the goods in Australia; or 18
(b) unpacks the goods after the goods are first unloaded in 19
Australia. 20
`53C False or misleading information in container weight 21
declaration 22
`(1) The responsible entity for a freight container commits an 23
offence if-- 24
(a) the responsible entity gives the container to the operator 25
of a heavy vehicle; and 26
(b) the container weight declaration for the container 27
contains information that is false or misleading in a 28
material particular. 29
Maximum penalty--134 penalty units. 30
`(2) The operator of a heavy vehicle commits an offence if-- 31
(a) the operator arranges for a freight container to be 32
transported in Queensland by use of the vehicle; and 33
s 58 79 s 58
Transport Legislation Amendment Bill 2007
(b) the container weight declaration for the container given 1
to a driver of the vehicle contains information that is 2
false or misleading in a material particular. 3
Maximum penalty--134 penalty units. 4
`(3) For this section, information in a container weight declaration 5
is not false or misleading merely because it overstates the 6
actual weight of the freight container and its contents. 7
`(4) In a proceeding for an offence against subsection (1) or (2), 8
the person charged has the benefit of the reasonable steps 9
defence for the offence. 10
Editor's note-- 11
See section 57D for the reasonable steps defence. 12
`53D False or misleading information given by responsible 13
person to another responsible person 14
`(1) A responsible person for a heavy vehicle (the information 15
giver) must not give another responsible person for a heavy 16
vehicle (the affected person) information the information 17
giver knows, or could reasonably be expected to know, is 18
false or misleading in a material particular. 19
Maximum penalty--134 penalty units. 20
`(2) Subsection (1) does not apply if the affected person knew, or 21
could reasonably be expected to know, that the information 22
was false or misleading in the material particular. 23
`(3) Also, subsection (1) does not apply if the information giver 24
gives the information in writing and, when giving the 25
information-- 26
(a) tells the affected person, to the best of the information 27
giver's ability, how it is false or misleading; and 28
(b) if the information giver has, or can reasonably obtain, 29
the correct information--gives the correct information 30
in writing. 31
`(4) It is enough for a complaint against the information giver for 32
an offence against subsection (1) to state that the information 33
given was false or misleading to the information giver's 34
knowledge. 35
s 59 80 s 60
Transport Legislation Amendment Bill 2007
`(5) In a prosecution for an offence against subsection (1), the 1
issue of whether a person could reasonably be expected to 2
have known that information was false or misleading must be 3
decided having regard to the person's abilities, experience, 4
qualifications and training, and the circumstances surrounding 5
the offence. 6
`(6) In this section-- 7
information means information in any form, whether or not in 8
writing. 9
material particular means a particular relating to an element 10
of a relevant offence that is or could be committed by a person 11
mentioned in paragraph (a) or (b) if the person relies, or were 12
to rely, on the particular-- 13
(a) the responsible person for a heavy vehicle to whom the 14
information is given; 15
(b) any other responsible person for a heavy vehicle who, at 16
any time, is given the false or misleading information. 17
relevant offence means an offence relating to a heavy vehicle 18
under this Act, other than an offence against subsection (1).'. 19
Clause 59 Amendment of s 54 (Obstructing authorised officers or 20
accredited persons) 21
Section 54(1), penalty-- 22
omit, insert-- 23
`Maximum penalty-- 24
(a) if paragraph (b) does not apply--60 penalty units; or 25
(b) if the official is an authorised officer exercising a power 26
in relation to a heavy vehicle--107 penalty units.'. 27
Clause 60 Replacement of s 55 (Impersonating authorised officers 28
or accredited persons) 29
Section 55-- 30
omit, insert-- 31
s 61 81 s 62
Transport Legislation Amendment Bill 2007
`55 Pretending to be an authorised officer or accredited 1
person 2
`A person must not pretend to be-- 3
(a) an authorised officer; or 4
(b) an accredited person. 5
Maximum penalty-- 6
(a) for paragraph (a)--107 penalty units; or 7
(b) for paragraph (b)--60 penalty units.'. 8
Clause 61 Insertion of new ch 3, pt 5, div 1, sdiv 2 hdg and s 57AA 9
After section 57A-- 10
insert-- 11
`Subdivision 2 Extended liability offences 12
`57AA Application of sdiv 2 13
`This subdivision applies in addition to subdivision 1 for 14
proceedings in relation to a heavy vehicle.'. 15
Clause 62 Amendment of s 57B (Further liability provisions for 16
extended liability offences) 17
(1) Section 57B(2)-- 18
omit, insert-- 19
`(2) If the person in control of a heavy vehicle commits an 20
extended liability offence, each influencing person is also 21
taken to have committed the offence. 22
Maximum penalty--the maximum penalty for an individual 23
for committing the offence. 24
`(2AA) However-- 25
(a) if an influencing person, or an associate of the 26
influencing person, was in a position to influence the 27
conduct of the person in control of the vehicle--the 28
influencing person has the benefit of the reasonable 29
steps defence; or 30
s 62 82 s 62
Transport Legislation Amendment Bill 2007
Editor's note-- 1
See section 57D for the reasonable steps defence. 2
(b) it is a defence for an influencing person to prove neither 3
the influencing person, nor an associate of the 4
influencing person, was in a position to influence the 5
conduct of the person in control of the vehicle. 6
`(2AB) Despite subsection (2AA)(a), the influencing person has the 7
benefit of the reasonable steps defence to the extent only that 8
it relates to reliance on the weight stated in a container weight 9
declaration if-- 10
(a) the influencing person is the operator of the heavy 11
vehicle; and 12
(b) the extended liability offence is a substantial, or severe, 13
risk breach of a mass, dimension or loading requirement 14
for the heavy vehicle. 15
Editor's note-- 16
See section 57G in relation to reliance on the container weight 17
declaration.'. 18
(2) Section 57B(3), definitions extended liability offence and 19
influencing person-- 20
omit, insert-- 21
`extended liability offence means-- 22
(a) an offence against section 162D; or 23
(b) another offence committed by the person in control of a 24
heavy vehicle because there has been a contravention of 25
a mass, dimension or loading requirement in relation to 26
the vehicle. 27
influencing person, in relation to a heavy vehicle-- 28
(a) means any or all of the following persons-- 29
(i) the owner of the heavy vehicle or, if the heavy 30
vehicle is a combination, the owner of a vehicle 31
forming part of the combination; 32
(ii) the registered operator of the heavy vehicle or, if 33
the heavy vehicle is a combination, the registered 34
s 63 83 s 63
Transport Legislation Amendment Bill 2007
operator of a vehicle forming part of the 1
combination; 2
(iii) a person, other than the owner or registered 3
operator, who controls or directly influences the 4
loading or operation of the heavy vehicle; and 5
Example-- 6
the operator of the heavy vehicle 7
(b) includes any or all of the following persons-- 8
(i) the consignor of any goods in the heavy vehicle; 9
(ii) the packer of any goods in the heavy vehicle; 10
(iii) the loader of any goods in the heavy vehicle.'. 11
Clause 63 Insertion of new ss 57C57G 12
Chapter 3, part 5, division 1-- 13
insert-- 14
`57C Liability for inducing breaches of mass, dimension or 15
loading requirements--consignees 16
`(1) A consignee of goods consigned for road transport by use of a 17
heavy vehicle commits an offence if-- 18
(a) the person does an act or makes an omission; and 19
(b) the doing of the act or making of the omission results or 20
is likely to result in inducing or rewarding a breach of a 21
mass, dimension or loading requirement; and 22
(c) the person-- 23
(i) intends that result; or 24
(ii) is reckless or negligent as to the matter mentioned 25
in paragraph (b). 26
Maximum penalty--134 penalty units. 27
`(2) Without limiting subsection (1)(c)(i), the person is taken to 28
have intended the result mentioned in subsection (1)(b) if the 29
person knew or ought reasonably to have known that-- 30
s 63 84 s 63
Transport Legislation Amendment Bill 2007
(a) a container weight declaration for the container in which 1
the goods were consigned was not given as required 2
under a regulation; or 3
(b) a container weight declaration given for the container 4
contained information about the weight of the container 5
and its contents that was false or misleading in a 6
material particular. 7
`(3) In this section-- 8
consignee, of goods consigned for road transport by use of a 9
heavy vehicle-- 10
(a) means the person who-- 11
(i) has consented to being, and is, named or otherwise 12
identified as the intended consignee of the goods in 13
the transport documentation for the consignment; 14
or 15
(ii) actually receives the goods after their road 16
transport ends; but 17
(b) does not include a person who merely unloads or 18
unpacks the goods. 19
`Subdivision 3 Reasonable steps 20
`57D Reasonable steps defence 21
`(1) If, in relation to a prescribed provision, a person has the 22
benefit of the reasonable steps defence, it is a defence to a 23
charge for an offence against the provision if the person 24
charged establishes that-- 25
(a) the person did not know, and could not reasonably be 26
expected to have known, of the contravention 27
concerned; and 28
(b) either-- 29
(i) the person took all reasonable steps to prevent the 30
contravention; or 31
s 63 85 s 63
Transport Legislation Amendment Bill 2007
(ii) there were no steps the person could reasonably be 1
expected to have taken to prevent the 2
contravention. 3
`(2) Without limiting subsection (1), in deciding whether things 4
done or omitted to be done by the person charged constitute 5
reasonable steps, the court may have regard to the following-- 6
(a) the circumstances of the alleged offence, including any 7
risk category for the contravention constituting the 8
offence; 9
(b) without limiting paragraph (a), the measures available 10
and measures taken for any or all of the following-- 11
(i) to accurately and safely weigh or measure the 12
heavy vehicle or its load, or to safely restrain the 13
load in the heavy vehicle; 14
(ii) to provide and obtain sufficient and reliable 15
evidence from which the weight or measurement 16
of the heavy vehicle or its load might be 17
calculated; 18
(iii) to manage, reduce or eliminate a potential 19
contravention arising from the location of the 20
heavy vehicle, or from the location of the load in 21
the heavy vehicle, or from the location of goods in 22
the load; 23
(iv) to manage, reduce or eliminate a potential 24
contravention arising from weather and climatic 25
conditions, or from potential weather and climatic 26
conditions, affecting or potentially affecting the 27
weight or measurement of the load; 28
(v) to exercise supervision or control over others 29
involved in activities leading to the contravention; 30
(c) the measures available and measures taken for any or all 31
of the following-- 32
(i) to include compliance assurance conditions in 33
relevant commercial arrangements with other 34
responsible persons for heavy vehicles; 35
s 63 86 s 63
Transport Legislation Amendment Bill 2007
(ii) to provide information, instruction, training and 1
supervision to employees to enable compliance 2
with relevant laws; 3
(iii) to maintain equipment and work systems to enable 4
compliance with relevant laws; 5
(iv) to address and remedy similar compliance 6
problems that may have happened in the past; 7
(d) whether the person charged had, either personally or 8
through an agent or employee, custody or control of the 9
heavy vehicle, its load, or any goods included or to be 10
included in the load; 11
(e) the personal expertise and experience that the person 12
charged had or ought to have had or that an agent or 13
employee of the person charged had or ought to have 14
had. 15
`(3) In this section-- 16
prescribed provision means section 53B(2), (3), (4) or (5), 17
53C(1) or (2), 57B(2) or 162D(1). 18
`57E Inclusion of reasonable diligence 19
`For any provision of this Act that provides that a person may 20
avoid liability for an offence by proving the person took all 21
reasonable steps in relation to a matter, the taking of all 22
reasonable steps includes the exercise of reasonable diligence. 23
`57F Proof of compliance with industry code of practice 24
`(1) This section-- 25
(a) applies for deciding whether a person charged with an 26
offence against a prescribed provision took all 27
reasonable steps to prevent the contravention; and 28
(b) does not limit sections 53B(6), 53C(4), 57B(2AA) and 29
162D(2). 30
`(2) Proof, as established by the person, that the person complied 31
with all relevant standards and procedures, including, for 32
example, an industry code of practice and the spirit of the 33
s 63 87 s 63
Transport Legislation Amendment Bill 2007
code, in relation to matters to which the offence relates is 1
evidence that the person took all reasonable steps to prevent 2
the contravention. 3
`(3) Subsection (2) does not apply unless the person has given 4
written notice of the intention to prove the matters referred to 5
in the subsection to the prosecution. 6
`(4) The notice must be-- 7
(a) signed by the person; and 8
(b) given at least 28 business days before the day fixed for 9
the hearing of the charge. 10
`(5) In this section-- 11
prescribed provision means section 53B(2), (3), (4) or (5), 12
53C(1) or (2), 57B(2) or 162D(1). 13
`57G Reliance on container weight declaration 14
`(1) This section applies if the operator or driver of a heavy vehicle 15
is charged with an offence involving a breach of a mass 16
requirement for the vehicle and is seeking to prove the 17
reasonable steps defence in relation to the offence. 18
`(2) To the extent the weight of a freight container together with its 19
contents is relevant to the offence, the person charged may 20
rely on the weight stated in the relevant container weight 21
declaration. 22
`(3) However, subsection (2) does not apply if the person knew or 23
ought reasonably to have known that-- 24
(a) the weight stated in the relevant container weight 25
declaration was less than the actual weight; or 26
(b) the distributed weight of the container and its contents, 27
together with either of the following would cause a 28
contravention of a mass requirement for the heavy 29
vehicle-- 30
(i) the mass or location of any other load; 31
(ii) the mass of the vehicle or any part of it.'. 32
s 64 88 s 65
Transport Legislation Amendment Bill 2007
Clause 64 Amendment of s 58 (Proof of appointments unnecessary) 1
Section 58(b) to (e)-- 2
omit, insert-- 3
`(b) the chief executive officer of a corresponding authority 4
administering a corresponding law to a transport Act; 5
(c) the commissioner; 6
(d) the head of the police force or police service of the 7
Commonwealth or another State; 8
(e) an authorised officer; 9
(f) a person appointed as an authorised officer, or holding 10
an equivalent office, under a corresponding law to a 11
transport Act; 12
(g) an accredited person; 13
(h) a police officer; 14
(i) a member of the police force or police service of the 15
Commonwealth or another State.'. 16
Clause 65 Amendment of s 59 (Proof of signatures unnecessary) 17
Section 59(b) to (e)-- 18
omit, insert-- 19
`(b) the chief executive officer of a corresponding authority 20
administering a corresponding law to a transport Act; 21
(c) the commissioner; 22
(d) the head of the police force or police service of the 23
Commonwealth or another State; 24
(e) an authorised officer; 25
(f) a person appointed as an authorised officer, or holding 26
an equivalent office, under a corresponding law to a 27
transport Act; 28
(g) an accredited person; 29
(h) a police officer; 30
s 66 89 s 66
Transport Legislation Amendment Bill 2007
(i) a member of the police force or police service of the 1
Commonwealth or another State.'. 2
Clause 66 Amendment of s 60 (Evidentiary aids) 3
(1) Section 60(2)(c) and (l)-- 4
omit. 5
(2) Section 60(2)-- 6
insert-- 7
`(aa) a specified place was or was not subject to a specified 8
prohibition, restriction or other requirement relating to 9
the operation or use of a heavy vehicle; 10
(c) a specified place was or was not-- 11
(i) a road or road-related area; or 12
(ii) a declared route or declared zone; or 13
(iii) an off-street regulated parking area; or 14
(iv) part of a place or thing mentioned in subparagraph 15
(i), (ii) or (iii); 16
(l) a specified application, or another specified document 17
required to be lodged, under a transport Act was or was 18
not received; 19
(ma) a specified heavy vehicle was or was not insured to 20
cover third party personal injury or death either 21
generally or during a specified period or in a specified 22
situation or specified circumstances; 23
(q) a specified heavy vehicle was weighed by or in the 24
presence of a specified authorised officer on a specified 25
weighbridge or weighing facility or by use of a specified 26
weighing device; 27
(r) a specified entity was a corresponding authority; 28
(s) a specified entity was or was not a participant in an 29
alternative compliance scheme; 30
(t) a specified person had or had not notified the chief 31
executive-- 32
s 67 90 s 67
Transport Legislation Amendment Bill 2007
(i) of any, or a specified, change of the person's 1
address; or 2
(ii) that the person suffered from any, or a stated, 3
mental or physical incapacity likely to adversely 4
affect the person's ability to drive safely.'. 5
(3) Section 60-- 6
insert-- 7
`(6A) Without limiting subsection (6), a record of the mass of a 8
heavy vehicle, or of any component of the vehicle, made by 9
the operator of a weighbridge at which the vehicle or 10
component was weighed, or by an employee of the operator of 11
the weighbridge, is evidence of the mass at the time the 12
vehicle or component was weighed.'. 13
Clause 67 Insertion of new ss 61A61C 14
After section 61-- 15
insert-- 16
`61A Manufacturer's statements 17
`(1) A written statement of the recommended maximum loaded 18
mass (mass rating) for a heavy vehicle, or for a component of 19
a heavy vehicle, purporting to be made by the manufacturer of 20
the vehicle or component is admissible in a proceeding under 21
a transport Act and is evidence-- 22
(a) of the mass rating; and 23
(b) of any conditions, stated in the statement, to which the 24
mass rating is subject; and 25
(c) that the statement was made by the manufacturer. 26
`(2) A written statement of the strength or performance rating of 27
equipment used to restrain a load and designed for use on a 28
heavy vehicle, or on a component of a heavy vehicle, 29
purporting to be made by the manufacturer of the equipment 30
is admissible in a proceeding under a transport Act and is 31
evidence-- 32
(a) that the equipment was designed for the use; and 33
s 68 91 s 68
Transport Legislation Amendment Bill 2007
(b) of the strength or performance rating of the equipment; 1
and 2
(c) of any conditions, stated in the statement, to which the 3
rating is subject; and 4
(d) that the statement was made by the manufacturer. 5
Example of equipment used to restrain a load-- 6
a chain or strap 7
`61B Transport and journey documentation 8
`(1) Without limiting section 60, transport documentation and 9
journey documentation are admissible in a proceeding relating 10
to a heavy vehicle under a transport Act and are evidence of-- 11
(a) the identity and status of the parties to the transaction to 12
which the documentation relates; and 13
(b) the destination or intended destination of the load to 14
which the documentation relates. 15
`(2) In this section-- 16
status, of the parties to a transaction, includes the status of 17
each of the parties as a responsible person for a heavy vehicle 18
used or intended to be used for transporting the goods the 19
subject of the transaction. 20
`61C Evidence not affected by nature of vehicle 21
`Evidence obtained in relation to a vehicle because of the 22
exercise of a power under this Act in the belief or suspicion 23
that the vehicle is a prescribed heavy vehicle is not affected 24
merely because the vehicle is not a prescribed heavy vehicle.'. 25
Clause 68 Amendment of s 62 (Proceedings for offences) 26
(1) Section 62(2)-- 27
omit. 28
(2) Section 62(2A) and (3)-- 29
renumber as section 62(2) and (5). 30
s 69 92 s 69
Transport Legislation Amendment Bill 2007
(3) Section 62-- 1
insert-- 2
`(3) If the proceeding is for an offence involving a heavy vehicle, 3
other than an offence that may be started as mentioned in 4
subsection (2), the proceeding must start-- 5
(a) within 2 years after the offence was committed; or 6
(b) within 1 year after the offence comes to the 7
complainant's knowledge, but within 3 years after the 8
offence was committed. 9
`(4) If the proceeding is for an offence other than an offence that 10
may be started as mentioned in subsection (2) or (3), the 11
proceeding must start-- 12
(a) within 1 year after the offence was committed; or 13
(b) within 6 months after the offence comes to the 14
complainant's knowledge, but within 2 years after the 15
offence was committed.'. 16
Clause 69 Insertion of new ss 162A162D 17
Chapter 5B-- 18
insert-- 19
`162A Severe risk breach of mass requirement 20
`A contravention of a mass requirement for a heavy vehicle is 21
a severe risk breach of the mass requirement if the vehicle's 22
gross mass is equal to or greater than the severe risk breach 23
lower limit for the mass requirement. 24
`162B Severe risk breach of dimension requirement 25
`(1) A contravention of a dimension requirement for a heavy 26
vehicle is a severe risk breach of the dimension requirement 27
if-- 28
(a) the vehicle's dimension, the subject of the 29
contravention, is equal to or greater than the severe risk 30
breach lower limit for the dimension requirement; or 31
s 69 93 s 69
Transport Legislation Amendment Bill 2007
(b) the contravention is a severe risk breach of the 1
dimension requirement under subsection (2) or (3). 2
`(2) A contravention of a dimension requirement relating to width 3
for a heavy vehicle is a severe risk breach of the requirement 4
if-- 5
(a) the contravention would, under a regulation, be a 6
substantial risk breach of the dimension requirement if 7
this subsection were not enacted; and 8
(b) either-- 9
(i) the contravention happens-- 10
(A) at night; or 11
(B) in hazardous weather conditions causing 12
reduced visibility; or 13
(C) on a declared route in a declared zone; or 14
(ii) the load on the vehicle projects from it in a way 15
that is dangerous to persons or property. 16
`(3) A contravention of a dimension requirement relating to length 17
for a heavy vehicle is a severe risk breach of the requirement 18
if-- 19
(a) the contravention would, under a regulation, be a 20
substantial risk breach of the dimension requirement if 21
this subsection were not enacted; and 22
(b) either-- 23
(i) the rear of a load on the vehicle does not carry a 24
warning signal required under a regulation; or 25
(ii) the load on the vehicle projects from it in a way 26
that is dangerous to persons or property. 27
`162C Severe risk breach of loading requirement 28
`A contravention of a loading requirement for a heavy vehicle 29
is a severe risk breach of the loading requirement if-- 30
(a) the contravention involves a loss or shifting of the heavy 31
vehicle's load; and 32
s 70 94 s 71
Transport Legislation Amendment Bill 2007
(b) the loss or shifting of the load involves a risk of harm to 1
public safety, the environment, road infrastructure or 2
public amenity. 3
`162D Offence 4
`(1) A person commits an offence if-- 5
(a) in relation to a heavy vehicle, there is a contravention of 6
a mass, dimension or loading requirement that is a 7
severe risk breach of the requirement; and 8
(b) the person is a person in control of the heavy vehicle. 9
Maximum penalty--134 penalty units. 10
`(2) In a proceeding for an offence against subsection (1) that is a 11
contravention of a mass requirement for a heavy vehicle, the 12
person charged with the offence has the benefit of the 13
reasonable steps defence to the extent it relates to reliance on 14
the weight stated in a container weight declaration. 15
Editor's notes-- 16
1 See section 57D for the reasonable steps defence. 17
2 See section 57G in relation to reliance on the container weight 18
declaration.'. 19
Clause 70 Amendment of s 163 (Forfeiture on conviction) 20
Section 163(8)-- 21
omit, insert-- 22
`(8) In this section-- 23
extreme overloading offence means a severe risk breach of a 24
mass requirement for a heavy vehicle if its gross mass is equal 25
to or greater than 160% of the maximum mass (rounded up to 26
the nearest 0.1t) permitted for the vehicle under this Act. 27
vehicle means heavy vehicle.'. 28
Clause 71 Insertion of new ch 5C 29
After chapter 5B-- 30
insert-- 31
s 71 95 s 71
Transport Legislation Amendment Bill 2007
`Chapter 5C Mass, dimension or loading 1
concession 2
`163A Noncompliance with mass, dimension or loading 3
concession 4
`(1) A person acting under the authority of a mass, dimension or 5
loading concession must not contravene a condition of the 6
concession. 7
Maximum penalty--80 penalty units. 8
`(2) If a person commits an offence against subsection (1)-- 9
(a) the mass, dimension or loading concession does not 10
operate in the person's favour while the contravention 11
continues; and 12
(b) the concession must be disregarded in deciding-- 13
(i) whether the person has contravened a mass, 14
dimension or loading requirement for a heavy 15
vehicle; and 16
(ii) the risk category for the contravention. 17
`(3) However, subsection (2)(b)(ii) does not apply if the 18
concession exempts the person from a provision of a transport 19
Act relating to-- 20
(a) a mass requirement for a heavy vehicle; or 21
(b) a dimension requirement for a heavy vehicle relating to 22
length for a B-double or road train. 23
`(4) If, because of the operation of subsection (2), a person 24
commits an offence against a provision of a transport Act (the 25
other offence provision) from which the person was 26
exempted under the mass, dimension or loading concession, 27
the person-- 28
(a) may be charged with an offence against either 29
subsection (1) or the other offence provision; but 30
(b) must not be charged with both offences. 31
Editor's note-- 32
See also the Criminal Code, section 16. 33
s 72 96 s 72
Transport Legislation Amendment Bill 2007
`(5) In this section-- 1
condition, of a mass, dimension or loading concession, means 2
a term or condition stated in or otherwise applicable to the 3
concession. 4
Example-- 5
a term or condition imposing a different requirement in place of a 6
requirement contained in the provision of a transport Act from which 7
the holder of the concession is exempted 8
mass, dimension or loading concession means an exemption 9
given under this Act exempting a person or vehicle from a 10
provision of this Act relating to a mass, dimension or loading 11
requirement.'. 12
Clause 72 Insertion of new ss 163B and 163C 13
Chapter 6-- 14
insert-- 15
`163B Matters court must consider when imposing sanction 16
for noncompliance 17
`(1) The purpose of this section is to bring to a court's attention the 18
implications and consequences of a contravention of a mass, 19
dimension or loading requirement when deciding the kind and 20
level of sanction to be imposed for the contravention. 21
`(2) In deciding the sanction, including the level of a fine, to be 22
imposed for the contravention, the court must consider the 23
following matters-- 24
(a) a minor risk breach of a mass, dimension or loading 25
requirement involves either or both of the following-- 26
(i) an appreciable risk of accelerated road wear; 27
(ii) an appreciable risk of unfair commercial 28
advantage; 29
(b) a substantial risk breach of a mass, dimension or loading 30
requirement involves 1 or more of the following-- 31
(i) a substantial risk of accelerated road wear; 32
(ii) an appreciable risk of damage to road 33
infrastructure; 34
s 73 97 s 73
Transport Legislation Amendment Bill 2007
(iii) an appreciable risk of increased traffic congestion; 1
(iv) an appreciable risk of diminished public amenity; 2
(v) a substantial risk of unfair commercial advantage; 3
(c) a severe risk breach of a mass, dimension or loading 4
requirement involves 1 or more of the following-- 5
(i) an appreciable risk of harm to public safety or the 6
environment; 7
(ii) a serious risk of accelerated road wear; 8
(iii) a serious risk of harm to road infrastructure; 9
(iv) a serious risk of increased traffic congestion; 10
(v) a serious risk of diminished public amenity; 11
(vi) a serious risk of unfair commercial advantage. 12
`(3) This section does not limit the matters the court may consider 13
in deciding the sanction for the contravention. 14
`(4) Nothing in this section authorises or requires the court to 15
assign the contravention to a different risk category. 16
`(5) Nothing in this section requires evidence to be adduced about 17
a matter mentioned in subsection (2). 18
`163C Court may treat noncompliance as a different risk 19
category 20
`(1) If a court is satisfied there has been a contravention of a mass, 21
dimension or loading requirement but is not satisfied the 22
contravention is a substantial risk breach or a severe risk 23
breach, the court may treat the contravention as a minor risk 24
breach. 25
`(2) If a court is satisfied there has been a contravention of a mass, 26
dimension or loading requirement and that the contravention 27
is at least a substantial risk breach but is not satisfied the 28
contravention is a severe risk breach, the court may treat the 29
contravention as a substantial risk breach.'. 30
Clause 73 Insertion of new s 164A 31
After section 164-- 32
s 73 98 s 73
Transport Legislation Amendment Bill 2007
insert-- 1
`164A Commercial benefits penalty order 2
`(1) If a court finds a person guilty of an offence against a 3
transport Act in relation to a heavy vehicle, the court may, on 4
application by the prosecutor, and in addition to imposing any 5
other penalty for the offence, make a commercial benefits 6
penalty order under this section. 7
`(2) The commercial benefits penalty order may require the person 8
to pay, as a fine, an amount not exceeding 3 times the amount 9
estimated by the court to be the gross commercial benefit-- 10
(a) received or receivable, by the person or by an associate 11
of the person, from the commission of the offence; and 12
(b) for a journey that was interrupted or not commenced 13
because of action taken by an authorised officer in 14
connection with the commission of the offence--that 15
would have been received or receivable, by the person or 16
by an associate of the person, from the commission of 17
the offence had the journey been completed. 18
`(3) In estimating the gross commercial benefit, the court may take 19
into account-- 20
(a) benefits of any kind, whether or not monetary; and 21
(b) any other matters it considers relevant, including, for 22
example-- 23
(i) the value of any goods involved in the offence; and 24
(ii) the distance over which the goods were, or were to 25
be, carried. 26
`(4) However, in estimating the gross commercial benefit, the 27
court must disregard any costs, expenses or liabilities incurred 28
by the person or by an associate of the person. 29
`(5) Nothing in this section prevents the court from ordering 30
payment of an amount that is-- 31
(a) less than 3 times the estimated gross commercial 32
benefit; or 33
(b) less than the estimated gross commercial benefit. 34
`(6) For this section, a person is an associate of another if-- 35
s 74 99 s 74
Transport Legislation Amendment Bill 2007
(a) one is a spouse, parent, brother, sister or child of the 1
other; or 2
(b) they are members of the same household; or 3
(c) they are partners; or 4
(d) they are both trustees or beneficiaries of the same trust, 5
or one is a trustee and the other is a beneficiary of the 6
same trust; or 7
(e) one is a body corporate and the other is a director or 8
member of the governing body of the body corporate; or 9
(f) one is a body corporate (other than a public company 10
whose shares are listed on a stock exchange) and the 11
other is a shareholder in the body corporate; or 12
(g) they are related bodies corporate within the meaning of 13
the Corporations Act; or 14
(h) a chain of relationships can be traced between them 15
under any one or more of the above paragraphs. 16
`(7) In this section-- 17
beneficiary, of a trust, includes an object of a discretionary 18
trust. 19
body corporate includes-- 20
(a) the State, another State or the Commonwealth; and 21
(b) an entity other than an individual. 22
transport Act does not include-- 23
(a) the Queensland Road Rules; or 24
(b) a regulation made under this Act applying to the 25
transport of dangerous goods.'. 26
Clause 74 Insertion of new ss 168A168D 27
After section 168-- 28
insert-- 29
s 74 100 s 74
Transport Legislation Amendment Bill 2007
`168A Effect of corresponding administrative action or 1
corresponding order in relation to heavy vehicle 2
`(1) A corresponding administrative action has the same effect in 3
Queensland in relation to a heavy vehicle as it has in the other 4
jurisdiction. 5
`(2) A corresponding order has the same effect in Queensland in 6
relation to a heavy vehicle as it has in the other jurisdiction. 7
`(3) Nothing in this section gives a corresponding administrative 8
action or corresponding order effect in Queensland or in a 9
particular place in Queensland-- 10
(a) to the extent the action or order is incapable of having 11
effect in relation to Queensland or the particular place; 12
or 13
(b) if any terms of the action or order expressly provide that 14
it does not extend or apply in relation to Queensland or 15
the particular place; or 16
(c) if any terms of the action or order expressly provide that 17
it has effect only in the other jurisdiction or a particular 18
place in the other jurisdiction. 19
`(4) In this section-- 20
corresponding administrative action means an action of an 21
administrative nature that is-- 22
(a) taken by a corresponding authority under or in 23
connection with a corresponding law to a transport Act; 24
and 25
(b) of a kind prescribed under a regulation. 26
corresponding order means an order of a court or tribunal of 27
another jurisdiction that is-- 28
(a) made under a corresponding law to a transport Act in a 29
judicial or other proceeding, whether civil or criminal; 30
and 31
(b) of a kind prescribed under a regulation. 32
transport Act does not include-- 33
(a) the Queensland Road Rules; or 34
s 74 101 s 74
Transport Legislation Amendment Bill 2007
(b) a regulation made under this Act applying to the 1
transport of dangerous goods. 2
`168B Giving evidence about heavy vehicle to external 3
public authority 4
`(1) The chief executive or the commissioner (the official) may 5
give any prescribed evidence to an external public authority if 6
the official-- 7
(a) considers giving the evidence to the external public 8
authority is appropriate for law enforcement purposes; 9
and 10
(b) has consulted with the external public authority about 11
giving the evidence. 12
`(2) Subsection (1) does not apply if the official or external public 13
authority would otherwise be required to maintain 14
confidentiality about the evidence under an Act. 15
`(3) In this section-- 16
prescribed evidence means anything seized under chapter 3, 17
part 3, division 3, or any information obtained under this Act 18
about a contravention of this Act or a corresponding law in 19
relation to a heavy vehicle. 20
`168C Chief executive may give information to 21
corresponding authority 22
`(1) The chief executive may give information to a corresponding 23
authority about-- 24
(a) any action taken in relation to a heavy vehicle by the 25
chief executive under a transport Act; or 26
(b) any information in relation to a heavy vehicle obtained 27
under this Act, including any information contained in 28
any document, device or other thing inspected or seized 29
under this Act. 30
`(2) Subsection (1) does not apply if the chief executive or 31
corresponding authority would otherwise be required to 32
maintain confidentiality about the information under an Act. 33
`(3) In this section-- 34
s 75 102 s 75
Transport Legislation Amendment Bill 2007
transport Act does not include-- 1
(a) the Queensland Road Rules; or 2
(b) a regulation made under this Act applying to the 3
transport of dangerous goods. 4
`168D Contracting out in relation to heavy vehicles 5
prohibited 6
`A contract or agreement relating to a heavy vehicle is void to 7
the extent to which it-- 8
(a) is contrary to this Act; or 9
(b) purports to exclude, limit or otherwise change the effect 10
of a provision of this Act.'. 11
Clause 75 Insertion of new ch 7, pt 10 12
Chapter 7-- 13
insert-- 14
`Part 10 Transitional provisions for 15
Transport Legislation 16
Amendment Act 2007 17
`210 Recovering moving expenses for vehicle on 18
prescribed road 19
`(1) This section applies to moving expenses for a vehicle on a 20
prescribed road incurred by the State, but not recovered, under 21
a regulation before the commencement. 22
`(2) The moving expenses are taken to have been incurred, and 23
may be recovered, under chapter 3, part 4C. 24
`(3) A proceeding to recover the moving expenses that was started, 25
but not finished, before the commencement is taken to have 26
been started under chapter 3, part 4C. 27
`(4) In this section-- 28
commencement means the commencement of section 51I. 29
s 76 103 s 76
Transport Legislation Amendment Bill 2007
`211 Recovering vehicle removed from prescribed road 1
`(1) This section applies if a vehicle was removed from a 2
prescribed road, and not recovered by its owner, under a 3
regulation before the commencement. 4
`(2) The vehicle is taken to have been removed from the 5
prescribed road under chapter 3, part 4C. 6
`(3) A notice of the kind mentioned in section 51J and given under 7
a regulation in relation to the vehicle before the 8
commencement is taken to be a notice given under section 9
51J. 10
`(4) For applying section 51L(1)(b) to the vehicle, a reference in 11
the paragraph to a decision made under section 51J(3) 12
includes a reference to a decision of the kind mentioned in 13
section 51J(3) that was made under a regulation before the 14
commencement. 15
`(5) In this section-- 16
commencement means the commencement of section 51J. 17
`212 Transitional provision for s 57B 18
`(1) This section applies if a proceeding for an extended liability 19
offence as defined in previous section 57B was started but not 20
finished before the amending provision commenced. 21
`(2) Despite the Criminal Code, section 11, the proceeding may 22
continue as if the amending provision had not been enacted. 23
Editor's note-- 24
The Criminal Code, section 11, deals with the effect of changes in the 25
law. 26
`(3) In this section-- 27
amending provision means the Transport Legislation 28
Amendment Act 2007, section 62. 29
previous section 57B means section 57B as in force 30
immediately before the amending provision commenced.'. 31
Clause 76 Amendment of sch 3 (Reviewable decisions) 32
Schedule 3-- 33
s 77 104 s 77
Transport Legislation Amendment Bill 2007
insert-- 1
`46B issuing embargo notice Magistrates'.
Clause 77 Amendment of sch 4 (Dictionary) 2
(1) Schedule 4, definitions driver, goods, government entity, 3
heavy vehicle, operator, person in control and reasonably 4
believe-- 5
omit. 6
(2) Schedule 4-- 7
insert-- 8
base, of a driver of a heavy vehicle-- 9
(a) means-- 10
(i) if the driver's log book states that the driver 11
operates and receives instructions from a place, 12
other than the vehicle's garage address, stated in 13
the log book--the stated place; or 14
(ii) if subparagraph (i) does not apply--the vehicle's 15
garage address or the towing vehicle of a 16
combination's garage address, stated in the 17
vehicle's registration certificate or the driver's log 18
book; or 19
(iii) if neither subparagraph (i) nor (ii) applies--the 20
place from which the driver normally works and 21
receives instructions for the use of the vehicle; and 22
(b) for a driver who is, at different times, self-employed or 23
employed--means each base worked out under 24
paragraph (a) in relation to the employment. 25
consignor, in relation to goods transported or to be 26
transported by a heavy vehicle, means-- 27
(a) the person who has consented to being, and is, named or 28
otherwise identified as the consignor of the goods in the 29
transport documentation for the consignment; or 30
(b) if there is no person as described in paragraph (a), the 31
person who-- 32
s 77 105 s 77
Transport Legislation Amendment Bill 2007
(i) engages an operator of the heavy vehicle, either 1
directly or through another person, to transport the 2
goods by road; or 3
(ii) has possession of, or control over, the goods 4
immediately before the goods are transported by 5
road; or 6
(iii) loads the heavy vehicle with the goods, for road 7
transport, at a place-- 8
(A) where goods in bulk are stored or 9
temporarily held; and 10
(B) that is unattended, other than by the driver or 11
trainee driver of the heavy vehicle or 12
someone else necessary for the normal 13
operation of the heavy vehicle, during 14
loading; or 15
(c) if there is no person as described in paragraph (a) or (b) 16
and the goods are imported into Australia through a 17
place in Queensland, the importer of the goods. 18
container weight declaration-- 19
(a) means a written declaration, whether contained in 1 or 20
more documents, stating or purporting to state the 21
weight of a freight container and its contents; and 22
Example-- 23
an email, or a placard fixed to the container 24
(b) includes a copy of a declaration mentioned in paragraph 25
(a). 26
corresponding authority means-- 27
(a) a government entity of the Commonwealth or another 28
State responsible for administering a corresponding law 29
to a transport Act; or 30
(b) a person prescribed under a regulation as a 31
corresponding authority for this Act. 32
declared route means a road or part of a road declared under a 33
regulation to be a declared route for this Act. 34
s 77 106 s 77
Transport Legislation Amendment Bill 2007
declared zone means an area declared under a regulation to be 1
a declared zone for this Act. 2
dimension requirement, for a heavy vehicle, means a 3
requirement of a transport Act relating to the dimensions of 4
the vehicle or of a load or component of the vehicle, 5
including, for example, the following-- 6
(a) the dimensions of the vehicle, disregarding any load on 7
the vehicle; 8
(b) the dimensions of the vehicle including its load; 9
(c) the dimensions of the load on the vehicle; 10
(d) the dimensions by which a load on the vehicle projects 11
from the vehicle; 12
(e) the internal measurements of the vehicle, including, for 13
example, the distance between-- 14
(i) components of the vehicle; or 15
(ii) for a combination-- 16
(A) vehicles in the combination; or 17
(B) a vehicle in the combination and a 18
component of another vehicle in the 19
combination. 20
drive, in relation to a vehicle or animal, includes ride. 21
driver-- 22
(a) means the person driving or in charge of any vehicle, 23
tram, train, vessel, or animal; and 24
(b) includes, in relation to a trailer-- 25
(i) the person driving or in charge of the vehicle to or 26
by which the trailer is attached or drawn; and 27
(ii) for chapter 3, part 3, if the trailer was, but is no 28
longer connected to the towing vehicle in a 29
combination--the driver of the towing vehicle in 30
the combination to or by which the trailer was, or 31
apparently was, last attached or drawn. 32
embargo notice see section 46B(2). 33
s 77 107 s 77
Transport Legislation Amendment Bill 2007
employee means an individual who works under a contract of 1
employment, apprenticeship or training. 2
employer means a person who employs someone else under-- 3
(a) a contract of employment, apprenticeship or training; or 4
(b) a contract for services. 5
external public authority-- 6
(a) means-- 7
(i) the Commonwealth, the State or another State; or 8
(ii) an entity established by or under a law of the 9
Commonwealth, the State or another State for a 10
public purpose; or 11
Example-- 12
a local government 13
(iii) the holder of an office established by or under a 14
law of the Commonwealth, the State or another 15
State for a public purpose; or 16
(iv) a police force or police service of the 17
Commonwealth or another State; but 18
(b) does not include the department in which this Act is 19
administered or the Queensland Police Service. 20
fit, to drive a heavy vehicle or run or stop its engine, for a 21
person, means the person is-- 22
(a) apparently physically and mentally fit to drive the 23
vehicle; and 24
(b) not apparently affected by either or both of the 25
following-- 26
(i) alcohol; 27
(ii) a drug that affects a person's ability to drive; and 28
(c) not found at any relevant time to have an alcohol 29
concentration in the blood exceeding the amount 30
permitted under this Act. 31
freight container-- 32
(a) means-- 33
s 77 108 s 77
Transport Legislation Amendment Bill 2007
(i) a re-usable container of the kind mentioned in 1
Australian/New Zealand Standard 3711.1 that is 2
designed for repeated use for transporting goods; 3
or 4
(ii) a re-usable container of the same or a similar 5
design and construction to a container mentioned 6
in paragraph (a) though of different dimensions; or 7
(iii) a container of a kind prescribed under a regulation; 8
but 9
(b) does not include anything declared under a regulation 10
not to be a freight container. 11
garage address, of a heavy vehicle, means-- 12
(a) for a heavy vehicle normally kept at a depot when not in 13
use--the principal depot of the vehicle; or 14
(b) for a heavy vehicle not normally kept at a depot when 15
not in use-- 16
(i) if the vehicle has only 1 registered operator--the 17
registered operator's home address; or 18
(ii) if the vehicle has more than 1 registered 19
operator--each of the home addresses of the 20
registered operators. 21
goods includes any of the following-- 22
(a) merchandise, wares, chattels and money; 23
(b) fluid, metal, stone, timber, and any other article, 24
substance, or material whatsoever; 25
(c) live or dead animals; 26
(d) containers, whether empty or not. 27
government entity-- 28
1 A government entity means a government department or 29
an agency, authority, commission, corporation, 30
instrumentality, office or other entity, established under 31
an Act for a public or official purpose and includes part 32
of a government entity. 33
2 If the reference is to a government entity of the 34
Commonwealth or another State paragraph 1 applies as 35
s 77 109 s 77
Transport Legislation Amendment Bill 2007
if the reference to an Act were a reference to an Act of 1
the Commonwealth or the other State. 2
gross mass means-- 3
(a) for a heavy vehicle, other than a combination, the total 4
of-- 5
(i) the unladen mass of the vehicle; and 6
(ii) the mass of the load, if any, in the vehicle; or 7
(b) for a combination, the total of-- 8
(i) the unladen mass of all the vehicles in the 9
combination; and 10
(ii) the total mass of the load, if any, in the vehicles. 11
heavy vehicle means a vehicle with a GVM of more than 4.5t, 12
or a combination that includes a vehicle with a GVM of more 13
than 4.5t. 14
heavy vehicle evidence preservation powers means powers 15
that may be exercised under section 26A, 26B, 30A or 40A. 16
home address, of a registered operator, means-- 17
(a) for an individual--the individual's residential address in 18
Australia; or 19
(b) for a body corporate with a registered office in 20
Australia--the address of the registered office; or 21
(c) if neither paragraph (a) nor (b) applies--the address of 22
the registered operator's principal or only place of 23
business in Australia. 24
intelligent transport system means a system involving the use 25
of electronic or other technology, whether located in a heavy 26
vehicle or on or near a road or elsewhere, that is able to 27
monitor, collect, store, display, analyse, transmit or report 28
information about-- 29
(a) any or all of the following-- 30
(i) a heavy vehicle, its equipment or load; 31
(ii) the driver of a heavy vehicle; 32
(iii) the operator of a heavy vehicle; 33
s 77 110 s 77
Transport Legislation Amendment Bill 2007
(iv) anyone else involved in road transport by use of a 1
heavy vehicle; and 2
(b) without limiting paragraph (a), the compliance or 3
noncompliance of the operation of a heavy vehicle 4
under a transport Act. 5
journey documentation-- 6
(a) means a document, other than transport documentation, 7
in any form-- 8
(i) directly or indirectly associated with-- 9
(A) a transaction for the actual or proposed 10
transport of goods by road by use of a heavy 11
vehicle or any previous transport of the 12
goods in any way; or 13
(B) goods, to the extent the document is relevant 14
to a transaction for their actual or proposed 15
transport; and 16
(ii) whether relating to a particular journey or to 17
journeys generally; and 18
(b) includes, for example, any or all of the following-- 19
(i) a document kept, used or obtained by a responsible 20
person for the heavy vehicle in connection with the 21
transport of the goods; 22
(ii) a workshop, maintenance or repair record relating 23
to a heavy vehicle used, or claimed to be used, for 24
transporting the goods; 25
(iii) a subcontractor's payment advice relating to the 26
goods or their transport; 27
(iv) records kept, used or obtained by the driver of the 28
heavy vehicle used, or claimed to be used, for 29
transporting the goods; 30
Examples-- 31
· a driver's run sheet 32
· a logbook entry 33
· a fuel docket or receipt 34
· a food receipt 35
s 77 111 s 77
Transport Legislation Amendment Bill 2007
· a tollway receipt 1
· a pay record 2
· a mobile or other phone record 3
(v) information reported through the use of an 4
intelligent transport system; 5
(vi) a driver manual or instruction sheet; 6
(vii) an advice resulting from check weighing of the 7
heavy vehicle's mass or load performed before, 8
during or after a journey. 9
loader, of goods in a heavy vehicle, means a person who-- 10
(a) loads the vehicle with the goods for road transport; or 11
(b) loads a bulk container, freight container, or tank that is 12
part of the vehicle, with the goods for road transport; or 13
(c) loads the vehicle with a freight container, whether or not 14
it contains goods, for road transport; or 15
(d) supervises an activity mentioned in any of paragraphs 16
(a) to (c); or 17
(e) manages or controls an activity mentioned in any of 18
paragraphs (a) to (d). 19
loading requirement, for a heavy vehicle, means a 20
requirement of a transport Act relating to the restraint or 21
positioning of a load or any part of it on the vehicle. 22
mass requirement, for a heavy vehicle, means a requirement 23
of a transport Act relating to the mass of the vehicle or the 24
mass of or on any component of the vehicle, and includes the 25
following-- 26
(a) a requirement about mass limits relating to-- 27
(i) the tare mass of a heavy vehicle (that is, the actual 28
mass of the vehicle excluding any load in the 29
vehicle); or 30
(ii) the gross mass of a heavy vehicle; or 31
(iii) the mass of the load in a heavy vehicle; or 32
(iv) the mass on a tyre, an axle or an axle group of a 33
heavy vehicle; 34
s 77 112 s 77
Transport Legislation Amendment Bill 2007
(b) a requirement of a transport Act about mass limits 1
relating to axle spacing; 2
(c) mass limits set out on signs erected or displayed under a 3
transport Act. 4
Example-- 5
a signposted bridge limit 6
minor risk breach means-- 7
(a) for a mass or dimension requirement for a heavy 8
vehicle--the subject matter of the breach is less than the 9
substantial risk breach lower limit for the requirement; 10
or 11
(b) for a loading requirement for a heavy vehicle--a breach 12
not involving-- 13
(i) a loss or shifting of the load; or 14
(ii) a risk of harm to public safety, the environment, 15
road infrastructure or public amenity. 16
moving expenses, for a vehicle, for chapter 3, part 4C, 17
division 2 and chapter 7, part 10, see section 51H. 18
operator, of a heavy vehicle, means-- 19
(a) for a vehicle, including a vehicle in a combination--the 20
person responsible for controlling or directing the 21
operations of the vehicle; or 22
(b) for a combination--the person responsible for 23
controlling or directing the operations of the towing 24
vehicle in the heavy combination; 25
if the person does not merely do any or all of the following-- 26
(c) own or drive the vehicle; 27
(d) maintain, or arrange for the maintenance of, the vehicle; 28
(e) arrange for the registration of the vehicle. 29
packaging-- 30
(a) means the container in which goods are received or held 31
for road transport; and 32
(b) includes anything that enables the container to receive 33
or hold the goods or to be closed. 34
s 77 113 s 77
Transport Legislation Amendment Bill 2007
packer, of goods, means a person who does any of the 1
following-- 2
(a) puts the goods in packaging for road transport; 3
(b) assembles the goods in an outer packaging or unit load 4
for road transport; 5
(c) supervises an activity mentioned in paragraph (a) or (b); 6
(d) manages or controls an activity mentioned in paragraph 7
(a), (b) or (c). 8
person in control, of a vehicle, includes the following-- 9
(a) the driver of the vehicle; 10
(b) the person who reasonably appears to be the driver of 11
the vehicle; 12
(c) the person who appears to be, claims to be, or acts as if 13
he or she is, in control of the vehicle; 14
(d) for a heavy vehicle--a two-up driver of the heavy 15
vehicle who is in or near the heavy vehicle. 16
post-entry approval order see section 29A(1). 17
prescribed heavy vehicle-- 18
(a) means any of the following-- 19
(i) a vehicle with a GVM of more than 4.5t; 20
(ii) a public passenger vehicle; 21
(iii) another vehicle providing services on a road for 22
which a licence is required under a transport Act; 23
(iv) a vehicle transporting dangerous goods if a 24
regulation applies to the transport of the dangerous 25
goods; 26
(vi) a vehicle used for driver training for reward; and 27
(b) includes a combination that includes a vehicle 28
mentioned in paragraph (a). 29
prescribed road, for chapter 3, part 4C and sections 210 and 30
211, means a franchised road or a State-controlled road under 31
the Transport Infrastructure Act 1994. 32
s 77 114 s 77
Transport Legislation Amendment Bill 2007
qualified, to drive a heavy vehicle or run or stop its engine, for 1
a person, means the person-- 2
(a) holds a driver licence that is of the appropriate class to 3
drive the vehicle and is not suspended; and 4
(b) is not prevented under a law, including, for example, by 5
the conditions of the driver licence, from driving the 6
vehicle at the relevant time. 7
reasonable steps defence means the defence mentioned in 8
section 57D. 9
reasonably believe means believe on grounds that are 10
reasonable in the circumstances. 11
reasonably suspect means suspect on grounds that are 12
reasonable in the circumstances. 13
responsible entity, for a freight container, means-- 14
(a) the person who, in Australia, consigned the container 15
for road transport in Queensland by use of a heavy 16
vehicle; or 17
(b) if there is no person as described in paragraph (a)--the 18
person who, in Australia, for the consignor, arranged for 19
the container's road transport in Queensland by use of a 20
heavy vehicle; or 21
(c) if there is no person as described in paragraph (a) or 22
(b)--the person who, in Australia, physically offered the 23
container for road transport in Queensland by use of a 24
heavy vehicle. 25
responsible person, for a heavy vehicle, means a person 26
having, at a relevant time, a role or responsibility associated 27
with road transport by use of the vehicle, and includes any of 28
the following-- 29
(a) an owner of the heavy vehicle or, if it is a heavy 30
combination, the owner of a heavy vehicle forming part 31
of the combination; 32
(b) the person in control of the heavy vehicle; 33
(c) a person who is instructing a learner driver of the heavy 34
vehicle; 35
(d) an operator or registered operator of the heavy vehicle; 36
s 77 115 s 77
Transport Legislation Amendment Bill 2007
(e) a person in charge or apparently in charge of-- 1
(i) the heavy vehicle's garage address; or 2
(ii) a base of a driver of the heavy vehicle; 3
(f) a person appointed under an alternative compliance 4
scheme to have monitoring or other responsibilities 5
under the scheme, including, for example, 6
responsibilities for certifying, monitoring or approving 7
the heavy vehicle under the scheme; 8
(g) a person who provides to the owner or the registered 9
operator of the heavy vehicle an intelligent transport 10
system for the vehicle; 11
(h) other than in section 26A--a person in charge of a place 12
entered by an authorised officer under this Act for 13
exercising a power under this Act in relation to the 14
heavy vehicle; 15
(i) the consignor of goods for transport by use of the heavy 16
vehicle; 17
(j) the packer of goods in a freight container or other 18
container or in a package or on a pallet for road 19
transport by use of the heavy vehicle; 20
(k) the loader of goods or a container on the heavy vehicle 21
for road transport; 22
(l) a person who unloads goods or a container containing 23
goods consigned for road transport by use of the heavy 24
vehicle; 25
(m) a person to whom goods are consigned for road 26
transport by use of the heavy vehicle; 27
(n) a person who receives goods packed outside Australia in 28
a freight container or other container or on a pallet for 29
road transport in Australia by use of the heavy vehicle; 30
(o) an owner or operator of a weighbridge or weighing 31
facility used to weigh the heavy vehicle, or an occupier 32
of the place where the weighbridge or weighing facility 33
is located; 34
(p) a responsible entity for a freight container on the heavy 35
vehicle; 36
s 77 116 s 77
Transport Legislation Amendment Bill 2007
(q) a person who controls or directly influences the loading 1
or operation of the heavy vehicle; 2
(r) an agent, employer, employee or subcontractor of a 3
person referred to in any of paragraphs (a) to (q). 4
risk category, for a contravention of a mass, dimension or 5
loading requirement, means 1 of the following categories-- 6
(a) minor risk breach; 7
(b) substantial risk breach; 8
(c) severe risk breach. 9
road-related area has the meaning given under a regulation. 10
Editor's note-- 11
See section 13 of the Queensland Road Rules. 12
severe risk breach-- 13
(a) of a mass requirement for a heavy vehicle--see section 14
162A; or 15
(b) of a dimension requirement for a heavy vehicle--see 16
section 162B; or 17
(c) of a loading requirement for a heavy vehicle--see 18
section 162C. 19
severe risk breach lower limit means-- 20
(a) for a mass requirement for a heavy vehicle, a gross mass 21
equalling 120% of the maximum mass (rounded up to 22
the nearest 0.1t) permitted for the vehicle under this Act; 23
or 24
(b) for a dimension requirement for a heavy vehicle-- 25
(i) relating to its length--the length equalling the 26
maximum length permitted for the vehicle under 27
this Act plus 60mm; or 28
(ii) relating to its width--the width equalling the 29
maximum width permitted for the vehicle under 30
this Act plus 80mm; or 31
(iii) relating to its height--the height equalling the 32
maximum height permitted for the vehicle under 33
this Act plus 300mm; or 34
s 77 117 s 77
Transport Legislation Amendment Bill 2007
(iv) relating to its load projection--the projection of 1
any load on the vehicle equalling the maximum 2
load projection permitted from either side of the 3
vehicle under this Act plus 80mm. 4
substantial risk breach means-- 5
(a) for a mass or dimension requirement for a heavy 6
vehicle, a contravention of the requirement that is-- 7
(i) equal to or greater than a substantial risk breach 8
lower limit for the requirement; and 9
(ii) less than the severe risk breach lower limit for the 10
requirement; or 11
(b) for a loading requirement for a heavy vehicle-- 12
(i) a contravention of the requirement involving a loss 13
or shifting of the load not involving a risk of harm 14
to public safety, the environment, road 15
infrastructure or public amenity; or 16
(ii) a contravention of the requirement not involving, 17
but likely to involve, a loss or shifting of the load 18
involving a risk of harm to public safety, the 19
environment, road infrastructure or public amenity. 20
substantial risk breach lower limit means-- 21
(a) for a mass requirement for a heavy vehicle, a gross mass 22
equalling 105% of the maximum mass (rounded up to 23
the nearest 0.1t) permitted for the vehicle under this Act; 24
or 25
(b) for a dimension requirement for a heavy vehicle-- 26
(i) relating to its length--the length equalling the 27
maximum length permitted for the vehicle under 28
this Act plus 35mm; or 29
(ii) relating to its width--the width equalling the 30
maximum width permitted for the vehicle under 31
this Act plus 40mm; or 32
(iii) relating to its height--the height equalling the 33
maximum height permitted for the vehicle under 34
this Act plus 150mm; or 35
s 77 118 s 77
Transport Legislation Amendment Bill 2007
(iv) relating to its load projection--the projection of 1
any load on the vehicle equalling the maximum 2
load projection permitted from either side of the 3
vehicle under this Act plus 40mm. 4
transport documentation means-- 5
(a) each contractual document directly or indirectly 6
associated with-- 7
(i) a transaction for the actual or proposed road 8
transport of goods or any previous transport of the 9
goods by any transport method; or 10
(ii) goods, to the extent the document is relevant to the 11
transaction for their actual or proposed road 12
transport; or 13
(b) each document-- 14
(i) contemplated in a contractual document mentioned 15
in paragraph (a); or 16
(ii) required by law, or customarily given, in 17
connection with a contractual document or 18
transaction mentioned in paragraph (a). 19
Examples-- 20
· a bill of lading 21
· a consignment note 22
· a container weight declaration 23
· a contract of carriage 24
· a delivery order 25
· an export receival advice 26
· an invoice 27
· a load manifest 28
· a sea carriage document 29
· a vendor declaration 30
two-up driver, for a heavy vehicle, means a person 31
accompanying the vehicle's driver on a journey or part of a 32
journey, who has been, is or will be, sharing the task of 33
driving the vehicle during the journey. 34
s 77 119 s 77
Transport Legislation Amendment Bill 2007
unattended, for a heavy vehicle, for sections 33B, 33C and 1
35A, means-- 2
(a) there is no-one in or near the vehicle who appears to be 3
its driver; or 4
(b) there is a person in or near the vehicle who appears to be 5
its driver but the person is-- 6
(i) unwilling, or not qualified or fit, to drive the 7
vehicle; or 8
(ii) not authorised by the operator of the vehicle to 9
drive it; or 10
(iii) subject to a requirement under section 38(2) not to 11
drive it. 12
unit load means a load of goods that are-- 13
(a) wrapped in plastic and strapped or otherwise secured to 14
a pallet or other base and to each other for transport; or 15
(b) placed together in a protective outer container, other 16
than a freight container, for transport; or 17
(c) secured together in a sling for transport.'. 18
(3) Schedule 4, definition owner, paragraph (b)(ii), before 19
`hiring'-- 20
insert-- 21
`credit agreement,'. 22
(4) Schedule 4, definition private vehicle, before `heavy'-- 23
insert-- 24
`prescribed'. 25
(5) Schedule 4, definition registered operator, after `operator'-- 26
insert-- 27
`, of a vehicle,'. 28
s 78 120 s 80
Transport Legislation Amendment Bill 2007
Division 3 Other amendments 1
Clause 78 Amendment of s 62 (Proceedings for offences) 2
(1) Section 62(2), `The'-- 3
omit, insert-- 4
`Subject to subsection (2A), the'. 5
(2) Section 62-- 6
insert-- 7
`(2A) If the proceeding is for an offence against section 92(1) in 8
relation to an incident that happened after the commencement 9
of this subsection that involves injury to or death of a person, 10
the proceeding must start within 3 years after the offence was 11
committed.'. 12
Clause 79 Amendment of s 79B (Immediate suspension or 13
disqualification) 14
(1) Section 79B(1)(ca), after `79(2)'-- 15
insert-- 16
`, (2AA)'. 17
(2) Section 79B(1)(d), from `and the following' to `no alcohol 18
limit'-- 19
omit. 20
Clause 80 Amendment of s 118 (Photographic 21
evidence--inspection and challenges) 22
Section 118-- 23
insert-- 24
`(5) A notice under subsection (4) must be in the approved form 25
and must also state the grounds on which the person intends to 26
rely to challenge the image from the photographic detection 27
device.'. 28
s 81 121 s 83
Transport Legislation Amendment Bill 2007
Clause 81 Amendment of s 119 (Notice of dispute about traffic 1
control device or sign) 2
Section 119-- 3
insert-- 4
`(2) A notice under subsection (1) must be in the approved form 5
and must also state the grounds on which the person intends to 6
rely to dispute that a traffic control device or sign was 7
functioning without defect or was visible.'. 8
Clause 82 Amendment of s 124 (Facilitation of proof) 9
Section 124(5)-- 10
omit, insert-- 11
`(5) The notice must be in the approved form and must-- 12
(a) be signed by the defendant; and 13
(b) state the grounds on which the defendant intends to rely 14
to challenge a matter mentioned in subsection (4)(a) or 15
(b); and 16
(c) be given at least 14 days before the day fixed for the 17
hearing.'. 18
Clause 83 Insertion of new s 124A 19
After section 124-- 20
insert-- 21
`124A Additional ground of challenge not stated in written 22
notice required under particular provisions 23
`(1) This section applies to a hearing in relation to which a person 24
has given a written notice under section 80(27), 118(4), 25
119(1) or 124(4). 26
`(2) The requirement mentioned in section 80(27)(c), 118(5), 27
119(2) or 124(5) to state in the written notice the grounds on 28
which the person intends to challenge the evidence mentioned 29
in that subsection does not prevent the person from raising a 30
ground at the hearing to challenge the evidence if-- 31
s 84 122 s 86
Transport Legislation Amendment Bill 2007
(a) the person did not know the ground before the hearing; 1
and 2
(b) as far as the ground was able to be found out by the 3
person--the person took all reasonable steps to find out 4
the ground before the hearing. 5
`(3) If a person raises a ground at the hearing that was not stated in 6
a written notice under section 80(27), 118(4), 119(1) or 7
124(4), the court may adjourn the hearing to the time, and on 8
the terms as to costs, the court considers appropriate. 9
`(4) Subsection (3) does not limit the powers of the court.'. 10
Clause 84 Amendment of s 171 (Regulation-making power) 11
Section 171(4)-- 12
omit, insert-- 13
`(4) A regulation may enact provisions for the State that are the 14
same as, or substantially similar to, model legislation or road 15
transport legislation within the meaning of the National 16
Transport Commission Act 2003 (Cwlth).'. 17
Clause 85 Amendment of ch 7 hdg (Transitional provisions) 18
Chapter 7, heading, after `Transitional'-- 19
insert-- 20
`and validation'. 21
Clause 86 Insertion of new ch 7, pt 11 22
Chapter 7-- 23
insert-- 24
`Part 11 Validating provisions 25
`213 Validation provision for section 171(4) 26
`(1) A regulation made under section 171(4) that was in force 27
immediately before the commencement of this section, 28
including a regulation made after the repeal of the National 29
s 86 123 s 86
Transport Legislation Amendment Bill 2007
Road Transport Commission Act 1991 (Cwlth), is, and always 1
has been, as effective as it would be if the National Road 2
Transport Commission Act 1991 (Cwlth) had not been 3
repealed. 4
`(2) From the commencement of this section, a regulation that is 5
effective under subsection (1) is taken to be the same as, or 6
substantially similar to, model legislation or road transport 7
legislation within the meaning of the National Transport 8
Commission Act 2003 (Cwlth). 9
`214 Validation of particular codes of practice 10
`(1) The Code of Practice--Light Vehicles as originally made is, 11
and is taken to have always been, as valid as it would be if the 12
Code of Practice had been approved by the chief executive on 13
1 January 1992. 14
`(2) The Code of Practice--Commercial Motor Vehicle 15
Modifications as originally made is, and is taken to have 16
always been, as valid as it would be if the Code of Practice 17
had been approved by the chief executive on 1 July 1990. 18
`(3) The National Code of Practice--Heavy Vehicle Modifications 19
as originally made is, and is taken to have always been, as 20
valid as it would be if the Code of Practice had been approved 21
by the chief executive on 1 December 1993. 22
`215 Validation of amendments of particular codes of 23
practice 24
`To remove any doubt, it is declared that an amendment of a 25
code of practice mentioned in section 214 that was made after 26
1 July 1990 and before 26 July 2006 and was not approved by 27
the chief executive is, and is taken to have always been, as 28
valid as it would be if the amendment had been approved by 29
the chief executive on the date the amendment was made. 30
`216 Validation of certain acts etc. 31
`To remove any doubt, it is declared that all acts, matters and 32
things done in reliance on a code of practice mentioned in 33
section 214 or an amendment of a code of practice mentioned 34
s 87 124 s 87
Transport Legislation Amendment Bill 2007
in section 215, are taken to be, and always to have been, as 1
valid and effective as they would be if the code of practice or 2
amendment had been approved by the chief executive on the 3
date as mentioned in section 214 or 215.'. 4
Clause 87 Amendment of sch 4 (Dictionary) 5
(1) Schedule 4, definition bicycle-- 6
omit. 7
(2) Schedule 4-- 8
insert-- 9
`bicycle means a vehicle with 2 or more wheels that is built to 10
be propelled by human power through a belt, chain or gears, 11
whether or not it has an auxiliary motor, and-- 12
(a) includes a pedicab, penny-farthing and tricycle; but 13
(b) does not include a wheelchair, wheeled recreational 14
device, wheeled toy, or any vehicle with-- 15
(i) an auxiliary motor capable of generating a power 16
output over 200 watts, whether or not the motor is 17
operating; or 18
(ii) an auxiliary motor that is an internal combustion 19
engine.'. 20
(3) Schedule 4-- 21
insert-- 22
`motorised scooter means a scooter that is propelled by 1 or 23
more electric motors and complies with the requirements in 24
paragraph (e) of the definition scooter. 25
scooter means a device that-- 26
(a) has 2 or more wheels and a footboard supported by the 27
wheels; and 28
(b) is steered by handlebars; and 29
(c) is designed to be used by a single person; and 30
(d) is propelled by any 1 or more of the following-- 31
(i) gravity; 32
s 87 125 s 87
Transport Legislation Amendment Bill 2007
(ii) the user pushing 1 foot against the ground; 1
(iii) an electric motor or motors; and 2
(e) if it is fitted with an electric motor or motors (whether 3
the motor or motors are part of, or attached to, the 4
device), complies with the following requirements-- 5
(i) the maximum power output of the motor, or the 6
combined maximum power output of the motors, is 7
not more than 200 watts; 8
(ii) when propelled only by the motor or motors, the 9
scooter is not capable of going faster than 10 km/h 10
on level ground.'. 11
(4) Schedule 4, definition scooter, paragraph (e), subparagraphs 12
(i) and (ii)-- 13
omit, insert-- 14
`(i) its maker certifies (either by means of a plate 15
attached to the motor or each motor, or by means 16
of engraving on the motor or each motor) the 17
ungoverned power output of the motor, or each 18
motor; 19
(ii) the maximum power output of the motor, or the 20
combined maximum power output of the motors, is 21
not more than 200 watts; 22
(iii) when propelled only by the motor or motors, the 23
scooter is not capable of going faster than 10 km/h 24
on level ground.'. 25
(5) Schedule 4, definition motor vehicle, after `a vehicle'-- 26
insert-- 27
`, other than a motorised scooter,'. 28
(6) Schedule 4, definition transport Act, paragraph (c)-- 29
insert-- 30
`· section 40 (Power to seize evidence) 31
· section 43 (Forfeiture of seized things)'. 32
(7) Schedule 4, definition wheeled recreational device, paragraph 33
(b), from `(whether' to `operating)'-- 34
s 88 126 s 90
Transport Legislation Amendment Bill 2007
omit, insert-- 1
`(other than a motorised scooter) whether or not the motor is 2
operating'. 3
(8) Schedule 4, definition wheeled toy, after `scooter'-- 4
insert-- 5
`(other than a motorised scooter)'. 6
Part 7 Amendment of Transport 7
Planning and Coordination Act 8
1994 9
Clause 88 Act amended in pt 7 10
This part amends the Transport Planning and Coordination 11
Act 1994. 12
Clause 89 Amendment of s 3 (Definitions) 13
(1) Section 3-- 14
insert-- 15
`franchised road see the Transport Infrastructure Act 1994, 16
schedule 6. 17
toll road see the Transport Infrastructure Act 1994, section 18
92.'. 19
(2) Section 3, definition transport land, paragraph (b)(ii)-- 20
omit, insert-- 21
`(ii) franchised road or toll road purposes; or'. 22
Clause 90 Amendment of s 27 (Power of chief executive to lease, 23
sell or otherwise dispose of land) 24
(1) Section 27(1)-- 25
insert-- 26
s 91 127 s 92
Transport Legislation Amendment Bill 2007
`(aa) if the land is for franchised road or toll road 1
purposes--to any person for franchised road or toll road 2
purposes; or'. 3
(2) Section 27(1)(c), from `paragraph (a)' to `franchisee'-- 4
omit, insert-- 5
`paragraph (aa), (a) or (b)--to a transport GOC'. 6
(3) Section 27-- 7
insert-- 8
`(3) To remove any doubt, it is declared that the power of the chief 9
executive to acquire land by resumption or otherwise under 10
this part applies even if the acquisition is carried out with the 11
intention of disposing of land-- 12
(a) under subsection (1); or 13
(b) as mentioned in subsection (1)(aa) to (c) under the 14
Transport Infrastructure Act 1994, section 84C, 240 or 15
355. 16
`(4) Subsection (3) does not limit the power to acquire land under 17
this part.'. 18
Clause 91 Amendment of s 28B (Busway land acquisition) 19
Section 28B(4) to (6)-- 20
omit. 21
Clause 92 Insertion of new s 28BA 22
After section 28B-- 23
insert-- 24
`28BA Further provisions relating to land acquisitions for 25
busways on or after 13 October 2000 26
`(1) This section applies to a land acquisition that-- 27
(a) happened on or after 13 October 2000 and before the 28
relevant date; or 29
(b) happens after the relevant date if-- 30
s 92 128 s 92
Transport Legislation Amendment Bill 2007
(i) the notice of intention to resume for the land 1
acquisition was served on or after 13 October 2000 2
and before the relevant date; or 3
(ii) the date of the agreement for the land acquisition 4
was on or after 13 October 2000 and earlier than 5
the relevant date. 6
`(2) It is declared that the validity and effectiveness of the land 7
acquisition was not, and is not, affected by-- 8
(a) whether the constructing authority was or is, or 9
purported or purports to be-- 10
(i) the chief executive with administrative 11
responsibilities concerning matters connected with 12
transport infrastructure; or 13
(ii) the chief executive with administrative 14
responsibilities concerning matters connected with 15
roads; or 16
(b) for the application of the Acquisition Act, section 9 or 17
15--whether the person assuming the role of Minister 18
was or is the Minister mentioned in the Acquisition Act, 19
section 9(1), definition Minister, paragraph (b) or 20
another Minister. 21
`(3) It is declared that, despite anything done for the land 22
acquisition, the constructing authority for the acquisition is 23
taken to be, and always to have been, the chief executive with 24
administrative responsibilities concerning matters connected 25
with roads. 26
`(4) In this section-- 27
relevant date means the date of the commencement of this 28
section.'. 29
129
Transport Legislation Amendment Bill 2007
Schedule Minor amendments of 1
Transport Operations (Road 2
Use Management) Act 1995 3
section 33 4
1 Section 18-- 5
insert-- 6
`(2) In this section-- 7
operator see section 15(1).'. 8
2 Section 20(4), `person'-- 9
omit, insert-- 10
`officer'. 11
3 Chapter 3, part 3, heading, after `officers'-- 12
insert-- 13
`and other persons'. 14
4 Chapter 3, part 3, division 2, before section 31-- 15
insert-- 16
`Subdivision 1 Stopping vehicles'. 17
5 Sections 32, 33(4)(b) and (5), 35(1)(b) and (e), 37(2)(b) and 18
(3)(b), 38(3)(b), 39(3)(b), 50(1), definition information 19
offence, paragraph (a)(i), 148, example, paragraph (a) and 20
150(1)(g)(i) and schedule 4, definition transport Act, entry 21
for section 32, before `heavy'-- 22
insert-- 23
`prescribed'. 24
130
Transport Legislation Amendment Bill 2007
Schedule (continued)
6 Section 32(4), examples-- 1
omit, insert-- 2
`Examples-- 3
· a requirement to change lanes 4
· a requirement to exit a motorway at a particular exit 5
· a requirement to enter a prescribed heavy vehicle inspection site'. 6
7 Before section 33-- 7
insert-- 8
`Subdivision 2 Moving vehicles'. 9
8 Before section 34-- 10
insert-- 11
`Subdivision 3 Other powers for vehicles'. 12
9 Section 35(2)(c), after `measure,'-- 13
insert-- 14
`weigh,'. 15
10 Section 35(2)(e), `copy'-- 16
omit, insert-- 17
`copy, or take an extract from,'. 18
11 Section 37(1)(b), examples-- 19
omit, insert-- 20
`Examples of action that may be reasonable for paragraph (b)-- 21
· adjusting or moving the vehicle's load 22
· carrying out stated repairs to the vehicle and having the 23
vehicle inspected at a stated place to ensure it complies with 24
this Act'. 25
131
Transport Legislation Amendment Bill 2007
Schedule (continued)
12 Section 41(1)(b), examples-- 1
omit, insert-- 2
`Examples of restricting access to a thing-- 3
· sealing a thing and marking it to show access to it is 4
restricted 5
· sealing the entrance to a room where the seized thing is 6
situated and marking it to show access to it is restricted'. 7
13 Section 48(1)(b), `suspect, on reasonable grounds,'-- 8
omit, insert-- 9
`reasonably suspect'. 10
14 Section 48(4), `suspects, on reasonable grounds,'-- 11
omit, insert-- 12
`reasonably suspects'. 13
15 Section 50, heading-- 14
omit, insert-- 15
`50 Authorised officer's power to require information for 16
information offence'. 17
16 Chapter 3, part 5, division 1, before section 52-- 18
insert-- 19
`Subdivision 1 General'. 20
17 Sections 57(4)(a) and 57A(3)(a), `exercised reasonable 21
diligence and took'-- 22
omit, insert-- 23
`took all'. 24
132
Transport Legislation Amendment Bill 2007
Schedule (continued)
18 Section 57B(2A), `driver or other person'-- 1
omit, insert-- 2
`person in control'. 3
19 Section 63(1)(b), after `direction'-- 4
insert-- 5
`or authorisation'. 6
20 Section 80(2), (2A) and (6)(aa), `suspects on reasonable 7
grounds'-- 8
omit, insert-- 9
`reasonably suspects'. 10
21 Section 100(1)-- 11
insert-- 12
`Editor's note-- 13
See also section 51G which deals with the chief executive's power to 14
move a vehicle on a prescribed road.'. 15
22 Chapter 5B, heading-- 16
omit, insert-- 17
`Chapter 5B Severe risk breach of mass, 18
dimension or loading 19
requirement for heavy 20
vehicle'. 21
23 Section 167(1)(f), after `direction'-- 22
insert-- 23
`or authorisation'. 24
133
Transport Legislation Amendment Bill 2007
Schedule (continued)
24 Section 170(1)-- 1
insert-- 2
`Editor's note-- 3
See chapter 5, part 7, division 2 for other provisions about 4
camera-detected offences.'. 5
25 Section 170(2), `operator', second mention-- 6
omit, insert-- 7
`operator,'. 8
26 Chapter 7, part 8, heading, `provisions'-- 9
omit, insert-- 10
`provision'. 11
© State of Queensland 2007
AMENDMENTS TO BILL
1
Transport Legislation Amendment Bill 2007
Transport Legislation Amendment Bill
2007
Amendments agreed to during Consideration
1 Clause 44 (Insertion of new ss 35A35C)--
At page 53, line 15, `enter a'--
omit, insert--
`, to enable the officer to effectively exercise a power under
this Act in relation to a heavy vehicle, enter the'.
2 Clause 51 (Insertion of new s 48A)--
At page 68, lines 17 to 22--
omit, insert--
`heavy vehicle offence means an offence against a transport
Act that involves or relates to a heavy vehicle, other than an
offence against--
(a) the Queensland Road Rules; or
(b) a regulation made under this Act applying to the
transport of dangerous goods.'.
3 Clause 66 (Amendment of s 60 (Evidentiary aids))--
At page 89, after line 19--
insert--
`(la) a specified report or specified information required to be
given to the chief executive under a transport Act was
received on a specified day or has not been received;
(lb) no report or information of a specified type required to
be given to the chief executive under a transport Act has
been received by a specified day;'.
2
Transport Legislation Amendment Bill 2007
4 Clause 66 (Amendment of s 60 (Evidentiary aids))--
At page 90, line 5, `safely.'.--
omit, insert--
`safely;
(u) a specified mathematical or statistical procedure was
carried out in relation to specified information
generated, recorded, stored, displayed, analysed,
transmitted or reported by an approved intelligent
transport system and the results of the procedure being
carried out.'.'.
5 Clause 66 (Amendment of s 60 (Evidentiary aids))--
At page 90, after line 7--
insert--
` `(3A) A procedure specified in a certificate under subsection (2)(u)
is presumed, unless the contrary is proved--
(a) to be valid and reliable for the purpose for which it was
used; and
(b) to have been carried out correctly.'.
6 After clause 67 (Insertion of new ss 61A61C)--
At page 91, after line 25--
insert--
`67A Insertion of new ss 61D61G
`Before section 62--
insert--
`61D Certificates of TCA
`(1) A certificate purporting to be signed by a person on behalf of
TCA stating any of the following matters is evidence of the
matter--
(a) a specified map in electronic form is or is not an
intelligent access map issued by TCA for a specified
date or for a specified period;
3
Transport Legislation Amendment Bill 2007
(b) a specified document is or is not a copy of an intelligent
access map, or a specified part of an intelligent access
map, issued by TCA for a specified date or for a
specified period.
`(2) A certificate purporting to be signed by a person on behalf of
TCA stating any of the following matters is evidence of the
matter--
(a) a specified intelligent transport system was or was not
an approved intelligent transport system on a specified
date or during a specified period;
(b) a specified person was or was not an IAP service
provider on a specified date or during a specified period;
(c) a specified person was or was not an IAP auditor on a
specified date or during a specified period.
`(3) A person who purportedly signs a certificate of a type
mentioned in subsection (1) or (2) on behalf of TCA is
presumed, unless the contrary is proved, to have been
authorised by TCA to sign the certificate on TCA's behalf.
`(4) In this section--
IAP auditor means a person engaged by TCA to be an auditor
for the intelligent access program.
IAP service provider means a person certified by TCA as a
service provider for the intelligent access program.
`61E Intelligent access map
`(1) An intelligent access map, or a document that is a copy of an
intelligent access map or a specified part of an intelligent
access map, issued by TCA for a specified date or for a
specified period--
(a) is admissible in a proceeding under a transport Act
relating to a heavy vehicle; and
(b) is presumed, unless the contrary is proved, to be a
correct representation of the national road network or
the specified part of the national road network shown on
the map or document, on the specified date or for the
specified period.
4
Transport Legislation Amendment Bill 2007
`(2) If a defendant for a charge of an offence against a transport
Act intends to challenge the correctness of the representation
of the national road network or the specified part of the
national road network shown on a map or document
mentioned in subsection (1) on the specified date or for the
specified period, the defendant must give the chief executive
written notice of the intention to challenge.
`(3) The notice must--
(a) be signed by the defendant or the defendant's lawyer;
and
(b) state the grounds on which the defendant intends to rely
to challenge the matter mentioned in subsection (2); and
(c) be given at least 14 days before the day fixed for the
hearing of the charge.
`61F Approved intelligent transport system
`(1) An approved intelligent transport system, including all the
equipment and software that makes up the system, is
presumed, unless the contrary is proved, to have operated
properly on any particular occasion.
`(2) Without limiting subsection (1), information generated,
recorded, stored, displayed, analysed, transmitted and
reported by an approved intelligent transport system is
presumed, unless the contrary is proved, to have been
correctly generated, recorded, stored, displayed, analysed,
transmitted and reported by the system.
`(3) Without limiting subsection (1) or (2), information generated
by an approved intelligent transport system is presumed,
unless the contrary is proved, not to have been changed by
being recorded, stored, displayed, analysed, transmitted or
reported by the system.
`(4) If in a proceeding it is established by contrary evidence that
particular information recorded or stored by an approved
intelligent transport system is not a correct representation of
the information generated by the system, the presumption
mentioned in subsection (3) continues to apply to the
remaining information recorded or stored by the system
despite that contrary evidence.
5
Transport Legislation Amendment Bill 2007
`(5) If a defendant for a charge of an offence against a transport
Act intends to challenge any of the following matters, the
defendant must give the chief executive written notice of the
intention to challenge--
(a) that an approved intelligent transport system has
operated properly;
(b) that information generated, recorded, stored, displayed,
analysed, transmitted or reported by an approved
intelligent transport system has been correctly
generated, recorded, stored, displayed, analysed,
transmitted or reported by the system;
(c) that information generated by an approved intelligent
transport system has not been changed by being
recorded, stored, displayed, analysed, transmitted or
reported by the system.
`(6) The notice must--
(a) be signed by the defendant or the defendant's lawyer;
and
(b) state the grounds on which the defendant intends to rely
to challenge a matter mentioned in subsection (5)(a), (b)
or (c); and
(c) be given at least 14 days before the day fixed for the
hearing of the charge.
`(7) This section does not limit section 60(6) or 61.
`61G Reports and statements made by approved intelligent
transport system
`(1) A report purporting to be made by an approved intelligent
transport system--
(a) is presumed, unless the contrary is proved--
(i) to have been properly made by the system; and
(ii) to be a correct representation of the information
generated, recorded, stored, displayed, analysed,
transmitted and reported by the system; and
6
Transport Legislation Amendment Bill 2007
(b) is admissible in a proceeding under a transport Act
relating to a heavy vehicle; and
(c) is evidence of the matters stated in it.
`(2) However, subsection (1)(c) does not apply to information
stated in a report made by an approved intelligent transport
system that has been manually entered into the system by an
operator or driver of a heavy vehicle.
Example--
If a driver of a heavy vehicle enters the total mass of the vehicle into the
intelligent transport system, the information about the total mass of the
vehicle stated in a report made by the system is not evidence of the total
mass of the vehicle.
`(3) Also, if in a proceeding it is established by contrary evidence
that a part of a report made by an approved intelligent
transport system is not a correct representation of particular
information generated, recorded, stored, displayed, analysed,
transmitted or reported by the system, the presumption
mentioned in subsection (1)(a) continues to apply to the
remaining parts of the report despite that contrary evidence.
`(4) If a defendant for a charge of an offence against a transport
Act intends to challenge any of the following matters, the
defendant must give the chief executive written notice of the
intention to challenge--
(a) that a report made by an approved intelligent transport
system has been properly made;
(b) that a report made by an approved intelligent transport
system is a correct representation of the information
generated, recorded, stored, displayed, analysed,
transmitted and reported by the system;
(c) the correctness of a statement of a vehicle's position on
the surface of the earth at a particular time that is made
by an approved intelligent transport system.
`(5) The notice must--
(a) be signed by the defendant or the defendant's lawyer;
and
7
Transport Legislation Amendment Bill 2007
(b) state the grounds on which the defendant intends to rely
to challenge the matter mentioned in subsection (4)(a),
(b) or (c); and
(c) be given at least 14 days before the day fixed for the
hearing of the charge.
`(6) This section does not limit section 60(6) or 61.'.'.
7 Clause 77 (Amendment of sch 4 (Dictionary))--
At page 104, after line 8--
insert--
` `approved intelligent transport system means an intelligent
transport system approved by TCA for use under the
intelligent access program.'.
8 Clause 77 (Amendment of sch 4 (Dictionary))--
At page 109, after line 24--
insert--
`intelligent access map means a map in electronic form issued
by TCA showing the national road network.
intelligent access program means a program under this Act
that allows particular heavy vehicles to have access, or
improved access, to the road network in return for monitoring,
by an approved intelligent transport system, of the vehicles'
compliance with conditions imposed on the access or
improved access.'.
9 Clause 77 (Amendment of sch 4 (Dictionary))--
At page 109, line 28, `collect'--
omit, insert--
`generate, record'.
8
Transport Legislation Amendment Bill 2007
10 Clause 77 (Amendment of sch 4 (Dictionary))--
At page 116, line 28, `60mm'--
omit, insert--
`600mm'.
11 Clause 77 (Amendment of sch 4 (Dictionary))--
At page 117, line 29, `35mm'--
omit, insert--
`350mm'.
12 Clause 77 (Amendment of sch 4 (Dictionary))--
At page 118, after line 4--
insert--
`TCA means Transport Certification Australia Limited ACN
113 379 936.'.
13 Clause 78 (Amendment of s 62 (Proceedings for
offences))--
At page 120, line 11, `3 years'--
omit, insert--
`5 years'.
14 Clause 83 (Insertion of new s 124A)--
At page 121, line 25, after `section'--
insert--
`61E(2), 61F(5), 61G(4),'.
15 Clause 83 (Insertion of new s 124A)--
At page 121, line 27, after `section'--
insert--
`61E(3), 61F(6), 61G(5),'.
9
Transport Legislation Amendment Bill 2007
16 Clause 83 (Insertion of new s 124A)--
At page 122, line 7, after `section'--
insert--
`61E(2), 61F(5), 61G(4),'.
17 Schedule (Minor amendments of Transport Operations
(Road Use Management) Act 1995)--
At page 129, lines 18 and 19, from `37(2)(b)' to `39(3)(b)'--
omit, insert--
`37(2), penalty, paragraph (b), 37(3), penalty, paragraph (b),
38(3), penalty, paragraph (b), 39(3), penalty, paragraph (b)'.
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