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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
TRANSPORT LEGISLATION
AMENDMENT BILL (NO. 2)
2002
Queensland
TRANSPORT LEGISLATION
AMENDMENT BILL (No. 2) 2002
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
PART 2--AMENDMENT OF CENTURY ZINC PROJECT ACT
1997
3 Act amended in pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Amendment of s 21 (Regulation-making power) . . . . . . . . . . . . . . . . . . . . . 4
5 Amendment of sch 1 (Land in which interests are or may be taken) . . . . . . 4
6 Replacement of sch 5 (Plan (Schedule 1, part 1, item 7 and part 2)) . . . . . . 5
SCHEDULE 5--PLAN (SCHEDULE 1, PART 1, ITEM 7 AND PART 2)
PART 3--AMENDMENT OF TOW TRUCK ACT 1973
7 Act amended in pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
8 Amendment of s 7 (Form and authority of licence) . . . . . . . . . . . . . . . . . . . 7
9 Amendment of s 12 (Conditions of licence) . . . . . . . . . . . . . . . . . . . . . . . . . 7
PART 4--AMENDMENT OF TRANSPORT INFRASTRUCTURE
ACT 1994
10 Act amended in pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
11 Insertion of new s 136A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
136A Integrated Planning Act consent for rail corridor land and
non-rail corridor land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
12 Amendment of s 161 (Functions of port authorities) . . . . . . . . . . . . . . . . . . 8
13 Insertion of new s 174A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
174A Port marine operational area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2
Transport Legislation Amendment Bill (No. 2) 2002
PART 5--AMENDMENT OF TRANSPORT OPERATIONS (ROAD
USE MANAGEMENT) ACT 1995
14 Act amended in pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
15 Amendment of s 18 (Grounds for amending, suspending or
cancelling approvals) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
16 Amendment of s 50 (Power to require information) . . . . . . . . . . . . . . . . . . . 9
17 Insertion of new s 50AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
50AA Power to require information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
18 Replacement of s 54 (Obstructing authorised officers or accredited persons) 11
54 Obstructing authorised officers or accredited persons . . . . . . . . . . . . 11
19 Amendment of s 57B (Further liability provisions for extended
liability offences) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
20 Amendment of s 61 (Instruments). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
21 Amendment of s 78 (Driving of motor vehicle without a driver
licence prohibited) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
22 Amendment of s 78A (Permit to drive--recently expired driver licence) . . 14
23 Amendment of s 114 (Offences detected by photographic detection device) 15
24 Amendment of s 120 (Evidentiary provisions) . . . . . . . . . . . . . . . . . . . . . . . 15
25 Amendment of s 131 (Appeals with respect to issue of licences etc.) . . . . . 16
26 Amendment of ch 7 (Transitional provisions). . . . . . . . . . . . . . . . . . . . . . . . 16
PART 5--TRANSITIONAL PROVISIONS FOR TRANSPORT
LEGISLATION AMENDMENT ACT (No. 2) 2002
197 What Transport Legislation Amendment Act (No. 2) 2002 applies to 17
27 Amendment of sch 4 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
PART 6--REPEALS
28 Repeal of Hay Point Harbour (Ratification of Agreements) Act 1987 . . . . . 18
2002
A BILL
FOR
An Act to amend legislation administered by the Minister for
Transport and the Minister for Main Roads
s1 4 s5
Transport Legislation Amendment Bill (No. 2) 2002
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
1 Short title
Clause 3
This Act may be cited as the Transport Legislation Amendment Act 4
(No. 2) 2002. 5
2 Commencement
Clause 6
Sections 21, 22, 25 and 26, to the extent that it inserts section 197(3) and 7
(4), commence on a day to be fixed by proclamation. 8
PART 2--AMENDMENT OF CENTURY ZINC PROJECT 9
ACT 1997 10
3 Act amended in pt 2
Clause 11
This part amends the Century Zinc Project Act 1997. 12
4 Amendment of s 21 (Regulation-making power)
Clause 13
Section 21(2) to (6)-- 14
omit. 15
5 Amendment of sch 1 (Land in which interests are or may be
Clause 16
taken) 17
Schedule 1, part 2-- 18
omit, insert-- 19
s6 5 s6
Transport Legislation Amendment Bill (No. 2) 2002
`PART 2--LAND IN WHICH NATIVE TITLE AND AN 1
EASEMENT MAY BE TAKEN 2
Land 100 m wide following the route shown on the plan in schedule 5 3
across the following land-- 4
· lot 4 on GY805051 on SP132944 5
· lot 2 on CP847162 on SP132945 6
· lot 2 on CP847162 on SP110463 7
· lot 2 on GY838438 on SP110453 8
· lot 2948 on PH1233 on SP110446 9
· lot 2948 on PH1233 on SP110447 10
· lot 1906 on PH1404 on SP110448 11
· lot 5121 on PH1011 on SP110449 12
· lot 5121 on PH1011 on SP110450 13
· lot 5121 on PH1011 on SP110452 14
· lot 2928 on PH1234 on SP110451 15
· lot 2928 on PH 1234 on SP110462 16
· lot 2 on CP838627 on SP110461 17
· lot 2 on CP838627 on SP121434 18
· lot 1 on CP838627 on SP121435 19
· lot 9 on NM143 on SP121436 20
· lot 117 on SP100181 on SP110457 21
· lot 77 on NM88 on SP110454.'. 22
6 Replacement of sch 5 (Plan (Schedule 1, part 1, item 7 and part 2))
Clause 23
Schedule 5-- 24
omit, insert-- 25
s6 6 s6
Transport Legislation Amendment Bill (No. 2) 2002
`SCHEDULE 5--PLAN (SCHEDULE 1, PART 1, ITEM 7 1
AND PART 2) 2
3
Map Projection: Geographical Latitude & Longitude (AGD84)
4
Compilation: Land Tenure Information obtained from the Digital Cadastral Data Base
5
Department of Natural Resources Brisbane.'.
s7 7 s 11
Transport Legislation Amendment Bill (No. 2) 2002
PART 3--AMENDMENT OF TOW TRUCK ACT 1973 1
7 Act amended in pt 3
Clause 2
This part amends the Tow Truck Act 1973. 3
8 Amendment of s 7 (Form and authority of licence)
Clause 4
Section 7(2), `the Transport Infrastructure (Roads) Act 1991'-- 5
omit, insert-- 6
`a regulation under the Transport Operations (Road Use Management) 7
Act 1995'. 8
9 Amendment of s 12 (Conditions of licence)
Clause 9
Section 12(2)(d), from `by' to `of it'-- 10
omit, insert-- 11
`under a regulation under the Transport Operations (Road Use 12
Management) Act 1995 and there is a current certificate of inspection under 13
that regulation for the vehicle'. 14
PART 4--AMENDMENT OF TRANSPORT 15
INFRASTRUCTURE ACT 1994 16
10 Act amended in pt 4
Clause 17
This part amends the Transport Infrastructure Act 1994. 18
11 Insertion of new s 136A
Clause 19
Chapter 6, part 7-- 20
insert-- 21
s 12 8 s 13
Transport Legislation Amendment Bill (No. 2) 2002
`136A Integrated Planning Act consent for rail corridor land and 1
non-rail corridor land 2
`(1) This section applies if a provision of the Integrated Planning 3
Act 1997 requires the consent of the owner of land. 4
`(2) If the land is rail corridor land or non-rail corridor land, the 5
chief executive is taken to be the owner of the land.'. 6
12 Amendment of s 161 (Functions of port authorities)
Clause 7
(1) Section 161(1)(f)-- 8
renumber as section 161(1)(g). 9
(2) Section 161(1)-- 10
insert-- 11
`(f) for the Cairns Port Authority, to provide or arrange for the 12
development and use of its strategic port land for residential 13
and tourist accommodation; and'. 14
13 Insertion of new s 174A
Clause 15
Chapter 7, part 4, division 2-- 16
insert-- 17
`174A Port marine operational area 18
`In an Act, a reference to the marine operational area of a port is a 19
reference to an area of land that is-- 20
(a) within the limits of the port; and 21
(b) below the ordinary high water mark at spring tides; and 22
(c) at least 1 of the following-- 23
(i) in, or within 200 m of, marked shipping channels and 24
recognised entry and exit shipping corridors; 25
s 14 9 s 16
Transport Legislation Amendment Bill (No. 2) 2002
(ii) in, or within 100 m of, swing basins, commercial shipping 1
wharves, moorings, anchorages and spoil grounds; 2
(iii) declared under a regulation to be a marine operational area 3
for the port.'. 4
PART 5--AMENDMENT OF TRANSPORT 5
OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 6
14 Act amended in pt 5
Clause 7
This part amends the Transport Operations (Road Use Management) Act 8
1995. 9
15 Amendment of s 18 (Grounds for amending, suspending or
Clause 10
cancelling approvals) 11
Section 18-- 12
insert-- 13
`(g) for an approval that exempts a person from complying with a 14
provision of this Act-- 15
(i) public safety has been endangered, or is likely to be 16
endangered because of the approval; or 17
(ii) transport infrastructure within the meaning of the Transport 18
Infrastructure Act 1994 has been damaged, or is likely to be 19
damaged because of the approval.'. 20
16 Amendment of s 50 (Power to require information)
Clause 21
(1) Section 50(1)-- 22
insert-- 23
` "information" includes a document containing information.'. 24
(2) Section 50-- 25
insert-- 26
`(3A) The requirement may be made-- 27
s 17 10 s 17
Transport Legislation Amendment Bill (No. 2) 2002
(a) orally; or 1
(b) by written notice requiring the person to give information about 2
the offence to the officer at a stated reasonable time and place.'. 3
17 Insertion of new s 50AA
Clause 4
Chapter 3, part 3, division 4-- 5
insert-- 6
`50AA Power to require information 7
`(1) This section applies if the chief executive or commissioner has 8
information that leads the chief executive or commissioner reasonably to 9
suspect that-- 10
(a) an information offence has been committed; and 11
(b) a person may be able to give information about the offence. 12
`(2) The chief executive or commissioner may, by written notice, require 13
the person to give information about the information offence to the chief 14
executive or commissioner. 15
`(3) The written notice must-- 16
(a) require the person to give information about the information 17
offence to the chief executive or commissioner at a stated 18
reasonable time and place; and 19
(b) warn the person it is an offence to fail to give the information, 20
unless the person has a reasonable excuse; and 21
(c) advise the person that it is not a reasonable excuse for the person 22
to fail to give the information because the information might tend 23
to incriminate the person; and 24
(d) advise the person that the information, and any evidence directly 25
or indirectly derived from the information that might tend to 26
incriminate the person, is not admissible in evidence against the 27
person in a civil or criminal proceeding, other than a proceeding 28
for an offence about the falsity of the information. 29
`(4) The person must give the information, unless the person has a 30
reasonable excuse. 31
Maximum penalty--120 penalty units. 32
s 18 11 s 18
Transport Legislation Amendment Bill (No. 2) 2002
`(5) It is not a reasonable excuse for the person to fail to give the 1
information because the information might tend to incriminate the person. 2
`(6) However, the information, and any evidence directly or indirectly 3
derived from the information that might tend to incriminate the person, is 4
not admissible in evidence against the person in a civil or criminal 5
proceeding, other than a proceeding for an offence about the falsity of the 6
information. 7
`(7) In a proceeding for an offence against subsection (4), it is a defence 8
for a person to prove that the information sought was not in fact relevant to 9
the information offence suspected to have been committed. 10
`(8) The dismissal of an employee because the employee gave 11
information under this section is a harsh, unjust or unreasonable dismissal 12
under the Industrial Relations Act 1999, chapter 3. 13
`(9) In this section-- 14
"information" includes a document containing information. 15
"information offence" means an information offence under section 50.'. 16
18 Replacement of s 54 (Obstructing authorised officers or
Clause 17
accredited persons) 18
Section 54-- 19
omit, insert-- 20
`54 Obstructing authorised officers or accredited persons 21
`(1) A person must not obstruct an official in the exercise of a power, 22
unless the person has a reasonable excuse. 23
Maximum penalty--60 penalty units. 24
`(2) If a person has obstructed an official under subsection (1) and the 25
official decides to exercise the power, the official must, if practicable, warn 26
the person-- 27
(a) that the official considers the person's conduct is obstructing the 28
official; and 29
(b) that it is an offence to obstruct the official unless the person has a 30
reasonable excuse. 31
`(3) In this section-- 32
s 19 12 s 21
Transport Legislation Amendment Bill (No. 2) 2002
"obstruct" includes abuse, hinder, insult, intimidate, resist and threaten 1
and attempt to obstruct. 2
"official" means an authorised officer or accredited person.'. 3
19 Amendment of s 57B (Further liability provisions for extended
Clause 4
liability offences) 5
Section 57B-- 6
insert-- 7
`(2A) Subsection (2) applies even if the driver or other person is not 8
prosecuted for the offence, as long as, in the proceedings brought against 9
the influencing person, the driver or other person is proved beyond a 10
reasonable doubt to have committed the offence.'. 11
20 Amendment of s 61 (Instruments)
Clause 12
Section 61(4), `notice, in the approved form,'-- 13
omit, insert-- 14
`written notice'. 15
21 Amendment of s 78 (Driving of motor vehicle without a driver
Clause 16
licence prohibited) 17
(1) Section 78(1A)-- 18
omit, insert-- 19
`(1A) An infringement notice under the State Penalties Enforcement 20
Act 1999 may be issued to a person for a contravention of subsection (1) 21
only if-- 22
(a) the person is an unlicensed driver for the motor vehicle driven by 23
the person; and 24
(b) the person has not, in the 5 years before the contravention, been 25
convicted of an offence against subsection (1).'. 26
(2) Section 78(2), from `the person committed' to `a driver licence'-- 27
omit, insert-- 28
`a person commits an offence against subsection (1) when the person is a 29
disqualified driver, or is a repeat unlicensed driver for the offence'. 30
s 21 13 s 21
Transport Legislation Amendment Bill (No. 2) 2002
(3) Section 78(3)(a), `; or'-- 1
omit, insert-- 2
`;'. 3
(4) Section 78(3)(b) to (d)-- 4
omit, insert-- 5
`(b) if the person committed the offence while the person was 6
disqualified1 from holding or obtaining a driver licence because 7
of the allocation of demerit points--6 months; 8
(c) if the person committed the offence while the person's authority 9
to drive on a Queensland road under a non-Queensland driver 10
licence was suspended because of the allocation of demerit 11
points--6 months; 12
(d) if the person committed the offence while the person's driver 13
licence was suspended under the State Penalties Enforcement 14
Act 1999--a period, of at least 1 month but not more than 15
6 months, decided by the court; 16
(e) if the person committed the offence while the person's authority 17
to drive on a Queensland road under a non-Queensland driver 18
licence was suspended under the State Penalties Enforcement 19
Act 1999--a period, of at least 1 month but not more than 20
6 months, decided by the court; 21
(f) if the person committed the offence while the person was a repeat 22
unlicensed driver for the offence--a period, of at least 1 month 23
but not more than 6 months, decided by the court.'. 24
(5) Section 78(3B)-- 25
omit. 26
(6) Section 78(4), `or (3B)'-- 27
omit. 28
(7) Section 78(6), definitions "expired" and "recently expired"-- 29
omit. 30
1 For a disqualification because of the allocation of demerit points, see
section 127(4)(b) for the effect of a suspension because of the allocation of demerit
points under the Transport Operations (Road Use Management--Driver Licensing)
Regulation 1999.
s 22 14 s 22
Transport Legislation Amendment Bill (No. 2) 2002
(8) Section 78(6)-- 1
insert-- 2
` "disqualified driver" means a person-- 3
(a) who is disqualified from holding or obtaining a driver licence 4
because of any court order; or 5
(b) who is disqualified from holding or obtaining a driver licence 6
because-- 7
(i) of the allocation of demerit points; or 8
(ii) the person's driver licence is suspended under the State 9
Penalties Enforcement Act 1999; or 10
(c) whose authority to drive on a Queensland road under the person's 11
non-Queensland driver licence is suspended-- 12
(i) because of the allocation of demerit points; or 13
(ii) under the State Penalties Enforcement Act 1999. 14
"repeat unlicensed driver", for an offence, means a person who-- 15
(a) is an unlicensed driver for the motor vehicle driven by the person 16
when the offence is committed; and 17
(b) has, in the 5 years before committing the offence, been convicted 18
of an offence against subsection (1). 19
"unlicensed driver", for a motor vehicle, means a person, other than a 20
disqualified driver, who does not hold a driver licence authorising the 21
person to drive the vehicle on the road.'. 22
22 Amendment of s 78A (Permit to drive--recently expired driver
Clause 23
licence) 24
(1) Section 78A(1), after `to a person'-- 25
insert-- 26
`with a recently expired licence'. 27
(2) Section 78A-- 28
insert-- 29
`(6) In this section-- 30
s 23 15 s 24
Transport Legislation Amendment Bill (No. 2) 2002
"recently expired licence", in relation to a person's contravention of 1
section 78(1), means-- 2
(a) a driver licence that has been expired for no more than 1 year 3
before the contravention; or 4
(b) a non-Queensland driver licence if, within the 1 year before the 5
contravention, the authority to drive on a Queensland road under 6
the licence has been withdrawn, other than because-- 7
(i) the person was granted a Queensland driver licence; or 8
(ii) the chief executive reasonably believed the person had a 9
mental or physical incapacity that was likely to adversely 10
affect the person's ability to drive safely.'. 11
23 Amendment of s 114 (Offences detected by photographic
Clause 12
detection device) 13
(1) Section 114(3)(b)(ii), before `did not know'-- 14
insert-- 15
`has notified the commissioner or chief executive that the person'. 16
(2) Section 114(4)-- 17
omit, insert-- 18
`(4) The person must notify the commissioner or chief executive about 19
the matters specified in subsection (3)(b)(i), or the matters specified in 20
subsections (3)(b)(ii) and (6), in a statutory declaration.'. 21
(3) Section 114(5), after `subsection (3)(b)(i)'-- 22
insert-- 23
`or (ii)'. 24
(4) Section 114(8)-- 25
omit, insert-- 26
`(8) Nothing in this section stops a person notifying the commissioner or 27
chief executive, in a statutory declaration, that the person was the driver of 28
the vehicle involved in a camera-detected offence.'. 29
24 Amendment of s 120 (Evidentiary provisions)
Clause 30
Section 120(1), `a camera-detected offence'-- 31
s 25 16 s 26
Transport Legislation Amendment Bill (No. 2) 2002
omit, insert-- 1
`an offence involving a motor vehicle under this or another Act'. 2
25 Amendment of s 131 (Appeals with respect to issue of licences etc.)
Clause 3
(1) Section 131(2)-- 4
omit, insert-- 5
`(2) A person who has been disqualified, by operation of law or an order, 6
from holding or obtaining a Queensland driver licence absolutely or for a 7
period of more than 2 years, may, at any time after the expiration of 2 years 8
from the start of the disqualification period, apply for the disqualification 9
to be removed. 10
`(2AA) The application for the disqualification to be removed must be 11
made to-- 12
(a) if the disqualification was ordered by a judge of the Supreme 13
Court--a judge of the Supreme Court; or 14
(b) if the disqualification was ordered by a judge of the District 15
Court--a judge of the District Court; or 16
(c) if the disqualification was not ordered by a judge of the Supreme 17
or District Court-- 18
(i) if the person lives in Queensland--the Magistrates Court 19
exercising jurisdiction at the place where the person lives; or 20
(ii) if the person lives outside Queensland--the Magistrates 21
Court, central division of the Brisbane district.'. 22
(2) Section 131(2E), from `shall further order' to `shall in any case'-- 23
omit. 24
26 Amendment of ch 7 (Transitional provisions)
Clause 25
Chapter 7-- 26
insert-- 27
s 27 17 s 27
Transport Legislation Amendment Bill (No. 2) 2002
`PART 5--TRANSITIONAL PROVISIONS FOR 1
TRANSPORT LEGISLATION AMENDMENT ACT 2
(No. 2) 2002 3
`197 What Transport Legislation Amendment Act (No. 2) 2002 applies 4
to 5
`(1) Section 18(g) applies to an approval issued before or after the 6
commencement of this section. 7
`(2) Section 50AA applies to an information offence committed after the 8
commencement of this section. 9
`(3) Section 78(3), as in force immediately before the commencement of 10
this section, continues to apply to an offence committed before the 11
commencement. 12
`(4) Section 131(2), as amended by the Transport Legislation 13
Amendment Act (No. 2) 2002, applies to a disqualification that happened 14
before or after the commencement of this section.'. 15
27 Amendment of sch 4 (Dictionary)
Clause 16
(1) Schedule 4-- 17
insert-- 18
` "interstate licence" means-- 19
(a) an Australian driver licence that is not a Queensland driver 20
licence; or 21
(b) a driver licence granted in an external Territory that corresponds 22
to a Queensland driver licence. 23
"non-Queensland driver licence" means-- 24
(a) an interstate licence; or 25
(b) a foreign driver licence.'. 26
(2) Schedule 4, definition "convicting", paragraph (b), `Justices Act 27
1886, part 4A'-- 28
omit, insert-- 29
`State Penalties Enforcement Act 1999'. 30
s 28 18 s 28
Transport Legislation Amendment Bill (No. 2) 2002
PART 6--REPEALS 1
28 Repeal of Hay Point Harbour (Ratification of Agreements) Act
Clause 2
1987 3
The Hay Point Harbour (Ratification of Agreements) Act 1987 is 4
repealed. 5
6
© State of Queensland 2002
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