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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Transport Operations
Legislation Amendment Bill
2007
Queensland
Transport Operations Legislation
Amendment Bill 2007
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Part 2 Amendment of Transport Operations (Passenger Transport)
Act 1994
3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Amendment of s 70 (Requirement for taxi service licences) . . . . 4
5 Amendment of s 74AA (Notice to be kept in taxi). . . . . . . . . . . . . 5
6 Insertion of new ss 80A and 80B . . . . . . . . . . . . . . . . . . . . . . . . . 5
80A Annual taxi industry security levy payable . . . . . . . . . 5
80B Taxi Industry Security Fund . . . . . . . . . . . . . . . . . . . . 6
7 Amendment of s 143AJ (Person given direction to be told
particular things). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
8 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 7
Part 3 Amendment of Transport Operations (Marine Safety) Act
1994
9 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
10 Amendment of s 125 (Marine incidents must be reported) . . . . . 8
Part 4 Amendment of Transport Operations (Road Use
Management) Act 1995
11 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
12 Amendment of s 33 (Power to require vehicles to be moved) . . . 8
13 Amendment of s 131A (Removing absolute disqualification
imposed before 13/3/2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2007
A Bill
for
An Act to amend the Transport Operations (Passenger
Transport) Act 1994, and for other purposes
s1 4 s4
Transport Operations 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 Operations Legislation 4
Amendment Act 2007. 5
Clause 2 Commencement 6
Part 2 commences on a day to be fixed by proclamation. 7
Part 2 Amendment of Transport 8
Operations (Passenger 9
Transport) Act 1994 10
Clause 3 Act amended in pt 2 11
This part amends the Transport Operations (Passenger 12
Transport) Act 1994. 13
Clause 4 Amendment of s 70 (Requirement for taxi service 14
licences) 15
Section 70, after the penalty-- 16
insert-- 17
`(2) Subsection (1) does not apply to a person providing a taxi 18
service prescribed under a regulation as a taxi service to 19
which this section does not apply.'. 20
s5 5 s6
Transport Operations Legislation Amendment Bill
2007
Clause 5 Amendment of s 74AA (Notice to be kept in taxi) 1
Section 74AA, after `a taxi service'-- 2
insert-- 3
`for which a taxi service licence is required'. 4
Clause 6 Insertion of new ss 80A and 80B 5
Chapter 7, after section 80-- 6
insert-- 7
`80A Annual taxi industry security levy payable 8
`(1) A person who holds a taxi service licence for a taxi service 9
area prescribed under a regulation (the licence holder) must 10
pay a taxi industry security levy (the annual levy) in relation 11
to the licence to the chief executive for each financial year. 12
`(2) The annual levy is the amount prescribed under a regulation. 13
`(3) However, for the financial year starting on 1 July 2007, the 14
annual levy is $300. 15
`(4) A regulation must not increase the annual levy for a financial 16
year by more than the CPI percentage increase for the 17
financial year. 18
`(5) If a regulation prescribing the annual levy for a later financial 19
year has not been notified in the gazette on or before 31 May 20
in the preceding financial year, the annual levy for the later 21
financial year is the same amount as the annual levy for the 22
preceding financial year. 23
`(6) The chief executive must give the licence holder written 24
notice of the amount of the levy. 25
`(7) The licence holder must pay the levy on or before the date 26
shown in the notice as the date for payment. 27
`(8) A levy amount not paid to the chief executive on or before the 28
date for payment may be recovered by the chief executive as a 29
debt. 30
s6 6 s6
Transport Operations Legislation Amendment Bill
2007
`(9) In this section-- 1
CPI means the all groups consumer price index for Brisbane 2
published by the Australian statistician. 3
CPI percentage increase, for a financial year, means the 4
percentage increase between-- 5
(a) the CPI published for the quarter ending immediately 6
before the start of the financial year; and 7
(b) the CPI published for the quarter ending immediately 8
before the end of the financial year. 9
preceding financial year, in relation to a later financial year, 10
means the financial year immediately preceding the later 11
financial year. 12
`80B Taxi Industry Security Fund 13
`(1) The Taxi Industry Security Fund (the fund) is established. 14
`(2) The Financial Administration and Audit Act 1977 applies to 15
the fund. 16
`(3) Accounts for the fund must be kept as part of the departmental 17
accounts of the department. 18
`(4) Amounts received for the fund must be deposited in a 19
departmental financial-institution account of the department 20
but may be deposited in an account used for depositing other 21
amounts of the department. 22
`(5) Amounts received for the fund must be recorded in the 23
department's controlled statement of financial position. 24
`(6) Amounts received for the fund include taxi industry security 25
levies. 26
`(7) Amounts may be paid out of the fund for the costs of 27
improving the security of taxi services, including, for 28
example, the costs of engaging rank marshals and security 29
guards at taxi ranks. 30
`(8) If there is a surplus in the fund at the end of a financial year, 31
the surplus must remain in the fund. 32
s7 7 s9
Transport Operations Legislation Amendment Bill
2007
`(9) In this section-- 1
controlled statement of financial position has the meaning 2
given in the Financial Administration and Audit Act 1977, 3
section 4(4). 4
departmental accounts, of a department, means the accounts 5
of the department under the Financial Administration and 6
Audit Act 1977, section 12. 7
departmental financial-institution account, of a department, 8
means an account of the department kept under the Financial 9
Administration and Audit Act 1977, section 18. 10
other amounts, of a department, means amounts received by 11
the department other than amounts received for the fund.'. 12
Clause 7 Amendment of s 143AJ (Person given direction to be told 13
particular things) 14
Section 143AJ, `this part'-- 15
omit, insert-- 16
`this chapter'. 17
Clause 8 Amendment of sch 3 (Dictionary) 18
Schedule 3-- 19
insert-- 20
`taxi industry security levy see section 80A.'. 21
Part 3 Amendment of Transport 22
Operations (Marine Safety) Act 23
1994 24
Clause 9 Act amended in pt 3 25
This part amends the Transport Operations (Marine Safety) 26
Act 1994. 27
s 10 8 s 13
Transport Operations Legislation Amendment Bill
2007
Clause 10 Amendment of s 125 (Marine incidents must be reported) 1
(1) Section 125(1)-- 2
insert-- 3
`Maximum penalty--40 penalty units.'. 4
(2) Section 125(2)-- 5
insert-- 6
`Maximum penalty--40 penalty units.'. 7
Part 4 Amendment of Transport 8
Operations (Road Use 9
Management) Act 1995 10
Clause 11 Act amended in pt 4 11
This part amends the Transport Operations (Road Use 12
Management) Act 1995. 13
Clause 12 Amendment of s 33 (Power to require vehicles to be 14
moved) 15
Section 33(2), `move to'-- 16
omit, insert-- 17
`move it to'. 18
Clause 13 Amendment of s 131A (Removing absolute 19
disqualification imposed before 13/3/2) 20
Section 131A, heading `13/3/2'-- 21
omit, insert-- 22
`13 March 2002'. 23
© State of Queensland 2007
AMENDMENTS TO BILL
1
Transport Operations Legislation Amendment Bill
2007
Transport Operations Legislation
Amendment Bill 2007
Amendments agreed to during Consideration
1 Clause 2 (Commencement)--
At page 4, line 7, after `Part 2'--
insert--
`, other than section 7A,'.
2 After clause 7--
At page 7, after line 17--
insert--
`7A Amendment of s 144 (Transport arrangements for pupils)
`(1) Section 144, heading, `pupils'--
omit, insert--
`students'.
`(2) Section 144(1) and (2)(a), `pupils'--
omit, insert--
`students'.
`(3) Section 144(2)(b), `pupils' '--
omit, insert--
`students' '.
`(4) Section 144--
insert--
`(3) The chief executive may ask an education authority to give the
chief executive information about a student, or a student's
parent, that is relevant to the administration of the
arrangements, including, for example, information relevant to
the student's eligibility for assistance under the arrangements.
2
Transport Operations Legislation Amendment Bill
2007
Examples of information that may be relevant to the administration of
arrangements--
· the home address of a student or a student's parent
· information about whether or not a student is enrolled in a stated
educational establishment
· information about a student's attendance at the student's
educational establishment
· a student's date of birth or year level at the student's educational
establishment
`(4) If the chief executive makes a request under subsection (3),
the education authority must give the chief executive the
requested information.
`(5) Subsection (4) applies to requested information in the
education authority's possession or to which the authority has
access.
`(6) Subsection (4) applies despite any other Act or law of the
State, including, for example, the Education (General
Provisions) Act 2006, section 426.
`(7) A relevant person who has gained or has access to information
obtained under subsection (4) must not make a record of the
information, use the information or disclose the information
to anyone else, unless the recording, use or disclosure is--
(a) for a purpose of this Act; or
(b) with the written consent of the person to whom the
information relates or, if the person is a student who is a
child, of the student's parent; or
(c) in compliance with lawful process requiring production
of documents or giving of evidence before a court or
tribunal; or
(d) permitted or required by another Act.
Maximum penalty--50 penalty units.
`(8) In this section--
disclose, information, includes give access to the information.
education authority means--
3
Transport Operations Legislation Amendment Bill
2007
(a) the chief executive of the department in which the
Education (General Provisions) Act 2006 is
administered; or
(b) the principal of a State instructional institution as
defined under the Education (General Provisions) Act
2006.
parent, of a student, means--
(a) if the student is a child--a person who is the student's
parent as defined under the Education (General
Provisions) Act 2006, section 10; or
(b) if the student is an adult--a person who was the
student's parent as defined under the Education
(General Provisions) Act 2006, section 10, immediately
before the student stopped being a child.
relevant person means a person who--
(a) is performing or has performed a function under this
Act; or
(b) is or was otherwise engaged in the administration of this
Act.'.'.
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