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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Transport (Amendment of
Queensland Road Rules)
Bill 2006
Queensland
Transport (Amendment of Queensland
Road Rules) Bill 2006
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Part 2 Amendment of Transport Operations (Road Use
Management--Road Rules) Regulation 1999
3 Regulation amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Amendment of s 266 (Wearing of seatbelts by passengers
under 16 years old) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
5 Insertion of new ss 266A and 266B . . . . . . . . . . . . . . . . . . . . . . . 5
266A Business proprietors require accreditation for selling
or hiring child restraints . . . . . . . . . . . . . . . . . . . . . . . 5
266B Business proprietors require accreditation for
installing child restraints . . . . . . . . . . . . . . . . . . . . . . . 7
6 Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 9
Part 3 Amendment of Transport Operations (Road Use
Management) Act 1995
7 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
8 Insertion of new ch 7, pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Part 8 Transitional provision for Transport
(Amendment of Queensland Road Rules) Act
2006
203 Governor in Council's power not affected by
amendment of regulation . . . . . . . . . . . . . . . . . . . . . . 10
2006
A Bill
for
An Act to amend the Transport Operations (Road Use
Management) Act 1995 and the Transport Operations (Road
Use Management--Road Rules) Regulation 1999
s1 4 s4
Transport (Amendment of Queensland Road Rules)
Bill 2006
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Transport (Amendment of 4
Queensland Road Rules) Act 2006. 5
Clause 2 Commencement 6
Parts 2 and 3 commence 6 months after the date of assent. 7
Part 2 Amendment of Transport 8
Operations (Road Use 9
Management--Road Rules) 10
Regulation 1999 11
Clause 3 Regulation amended in pt 2 12
This part amends the Transport Operations (Road Use 13
Management--Road Rules) Regulation 1999. 14
15
Note--
16
The Transport Operations (Road Use Management--Road Rules)
17
Regulation 1999, section 1 states the regulation may also be cited as the
18
Queensland Road Rules.
Clause 4 Amendment of s 266 (Wearing of seatbelts by passengers 19
under 16 years old) 20
(1) Section 266, heading-- 21
omit, insert-- 22
s5 5 s5
Transport (Amendment of Queensland Road Rules)
Bill 2006
`266 Wearing of seatbelts by, or use of child restraints for, 1
passengers under 16 years old'. 2
(2) Sections 266(2) and (3)-- 3
omit, insert-- 4
`(2) If the passenger is under 7 years old, and not exempt from 5
wearing a seatbelt under section 267, the passenger must be 6
restrained in an approved child restraint that is appropriate for 7
the passenger and properly fastened and adjusted, unless the 8
driver is exempt from this subsection under subsection (4). 9
`(3) If the passenger is at least 7 years old but under 16 years old, 10
and not exempt from wearing a seatbelt under section 267, the 11
passenger must-- 12
(a) be restrained in an approved child restraint that is 13
appropriate for the passenger and properly fastened and 14
adjusted; or 15
(b) occupy a seating position fitted with a suitable seatbelt 16
and wear the seatbelt properly adjusted and fastened.'. 17
(3) Section 266(4)(a)-- 18
omit, insert-- 19
`(a) there is no approved child restraint in the taxi that is 20
appropriate for the passenger; and'. 21
Clause 5 Insertion of new ss 266A and 266B 22
After section 266-- 23
insert-- 24
`266A Business proprietors require accreditation for selling 25
or hiring child restraints 26
`(1) A business proprietor must not sell or hire a child restraint 27
unless the proprietor is accredited by the chief executive as an 28
accredited proprietor. 29
Maximum penalty-- 30
(a) for a first offence--40 penalty units; or 31
(b) for a second or later offence--80 penalty units. 32
s5 6 s5
Transport (Amendment of Queensland Road Rules)
Bill 2006
`(2) A business proprietor may apply to the chief executive for 1
accreditation as an accredited proprietor. 2
`(3) If the chief executive is satisfied the applicant would, if 3
accredited, be able to comply with subsection (5), the chief 4
executive must-- 5
(a) accredit the applicant as an accredited proprietor for 2 6
years; and 7
(b) give the applicant a certificate of accreditation. 8
`(4) The accredited proprietor must clearly display the certificate 9
of accreditation at the proprietor's principal place of business. 10
Maximum penalty--10 penalty units. 11
`(5) The accredited proprietor must ensure the following at all 12
times for each relevant place of business-- 13
(a) at least 1 certified employee is on duty at the relevant 14
place of business while the place is open; 15
(b) a sign stating the following is clearly displayed in an 16
area of the relevant place of business that is open to the 17
public-- 18
`The effectiveness of any child restraint in reducing 19
injuries to your child in a vehicle accident depends on 20
the restraint's suitability for your car, whether it is an 21
appropriate restraint for your child's height and weight 22
and whether it has been installed correctly. This 23
business employs staff who are certified by a registered 24
training organisation to advise you on the correct 25
selection, use and installation of child restraints. Please 26
advise a staff member if you would like to speak to 27
someone who is a certified employee.'; 28
(c) approved height and weight charts for each 29
manufacturer's child restraints are clearly displayed in 30
an area of the relevant place of business that is open to 31
the public. 32
Maximum penalty--10 penalty units. 33
`(6) The accredited proprietor may, before the accreditation ends, 34
apply to the chief executive to renew the accreditation. 35
s5 7 s5
Transport (Amendment of Queensland Road Rules)
Bill 2006
`(7) The chief executive must renew the accreditation if the chief 1
executive is satisfied that, during the current period of 2
accreditation, the accredited proprietor complied with 3
subsection (5). 4
`(8) A certified employee must be able to produce evidence the 5
person is a certified employee at any time while involved in 6
selling or hiring child restraints. 7
Maximum penalty--10 penalty units. 8
`(9) In this section-- 9
accredited proprietor means a business proprietor who is 10
accredited as an accredited child restraint business proprietor. 11
business proprietor means a person carrying on a business 12
involving selling or hiring child restraints. 13
certified employee means an employee who-- 14
(a) holds a statement of attainment from a registered 15
training organisation for training in the selection and use 16
of child restraints; and 17
(b) if it is more than 2 years since the employee obtained 18
the statement of attainment, completed refresher 19
training in the selection and use of child restraints 20
before the end of each 2 year period after obtaining the 21
statement. 22
relevant place of business, for an accredited proprietor, 23
means a place of business at which the accredited proprietor 24
carries on a business involving selling or hiring child 25
restraints. 26
`266B Business proprietors require accreditation for 27
installing child restraints 28
`(1) A business proprietor must not install a child restraint in a 29
motor vehicle unless the proprietor is accredited by the chief 30
executive as an accredited child restraint installer. 31
Maximum penalty-- 32
(a) for a first offence--40 penalty units; or 33
(b) for a second or later offence--80 penalty units. 34
s5 8 s5
Transport (Amendment of Queensland Road Rules)
Bill 2006
`(2) A business proprietor may apply to the chief executive for 1
accreditation as an accredited child restraint installer. 2
`(3) If the chief executive is satisfied the applicant would, if 3
accredited, be able to comply with subsection (5), the chief 4
executive must-- 5
(a) accredit the applicant as an accredited child restraint 6
installer for 2 years; and 7
(b) give the applicant a certificate of accreditation. 8
`(4) The accredited child restraint installer must clearly display the 9
certificate of accreditation at the installer's principal place of 10
business. 11
Maximum penalty--10 penalty units. 12
`(5) The accredited child restraint installer must ensure the 13
following at all times for each relevant place of business-- 14
(a) all employees installing child restraints in motor 15
vehicles are certified employees; 16
(b) approved height and weight charts for each 17
manufacturer's child restraints are clearly displayed in 18
an area of the relevant place of business that is open to 19
the public. 20
Maximum penalty--10 penalty units. 21
`(6) The accredited child restraint installer may, before the 22
accreditation ends, apply to the chief executive to renew the 23
accreditation. 24
`(7) The chief executive must renew the accreditation if the chief 25
executive is satisfied that, during the current period of 26
accreditation, the accredited child restraint installer complied 27
with subsection (5). 28
`(8) A certified employee must be able to produce evidence the 29
person is a certified employee at any time while installing 30
child restraints. 31
Maximum penalty--10 penalty units. 32
`(9) In this section-- 33
s6 9 s6
Transport (Amendment of Queensland Road Rules)
Bill 2006
business proprietor means a person carrying on a business 1
involving installing child restraints in motor vehicles. 2
certified employee means an employee who-- 3
(a) holds a statement of attainment from a registered 4
training organisation for training in the selection, use 5
and installation of child restraints; and 6
(b) if it is more than 2 years since the employee obtained 7
the statement of attainment, completed refresher 8
training in the selection, use and installation of child 9
restraints before the end of each 2 year period after 10
obtaining the statement. 11
relevant place of business, for an accredited child restraint 12
installer, means a place of business at which the installer 13
carries on a business involving installing child restraints in 14
motor vehicles.'. 15
Clause 6 Amendment of sch 6 (Dictionary) 16
Schedule 6-- 17
insert-- 18
`appropriate, for a child passenger using an approved child 19
restraint, means appropriate for the child's height and weight 20
in accordance with an approved height and weight chart. 21
approved height and weight chart means a manufacturer's 22
chart, approved by the chief executive, showing the minimum 23
and maximum height and weight requirements for child 24
restraints. 25
registered training organisation see the Vocational 26
Education, Training and Employment Act 2000, section 19. 27
statement of attainment see the Vocational Education, 28
Training and Employment Act 2000, section 19.'. 29
s7 10 s8
Transport (Amendment of Queensland Road Rules)
Bill 2006
Part 3 Amendment of Transport 1
Operations (Road Use 2
Management) Act 1995 3
Clause 7 Act amended in pt 3 4
This part amends the Transport Operations (Road Use 5
Management) Act 1995. 6
Clause 8 Insertion of new ch 7, pt 8 7
After section 202-- 8
insert-- 9
`Part 8 Transitional provision for 10
Transport (Amendment of 11
Queensland Road Rules) Act 12
2006 13
`203 Governor in Council's power not affected by 14
amendment of regulation 15
`The amendment of the Transport Operations (Road Use 16
Management--Road Rules) Regulation 1999 by the Transport 17
(Amendment of Queensland Road Rules) Act 2006 does not 18
affect the power of the Governor in Council to further amend 19
the regulation or to repeal it.'. 20
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