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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
TRANSPORT OPERATIONS
(PASSENGER TRANSPORT)
AMENDMENT BILL 1996
Queensland
TRANSPORT OPERATIONS
(PASSENGER TRANSPORT)
AMENDMENT BILL 1996
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Amendment of s 74 (Conditions of taxi service licences) . . . . . . . . . . . . . . 4
5 Insertion of new s 74A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
74A Maximum taxi fares . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
6 Amendment of s 156 (Application of Judicial Review Act to
certain transitional decisions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
7 Amendment of s 157 (Compensation not recoverable for certain
decisions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
8 Amendment of s 158 (Continued application of State Transport
Act, s 77 to certain decisions etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
9 Amendment of s 159 (Operators of scheduled passenger services) . . . . . . . 5
10 Amendment of s 160 (Contracts to provide scheduled urban bus
services) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
11 Amendment of s 161 (Arrangements for school transport--fixed
term contracts) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
12 Amendment of s 162 (Arrangements for school transport--other
contracts) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
13 Replacement of s 172 (Preservation of financial arrangements) . . . . . . . . . 8
172 Preservation of financial arrangements--interest subsidy . . . . . . . . 8
172A Preservation of financial arrangements--gross fare revenue . . . . . . 9
172B Preservation of other financial arrangements . . . . . . . . . . . . . . . . . . 10
172C Financial arrangements for operator without service contract . . . . . 10
2
Transport Operations (Passenger Transport)
Amendment
172D Financial arrangements for operators with service
contracts entered into between commencement and 1 December
1996 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
172E Financial arrangements for operators with service
contracts entered into on or after 2 December 1996 . . . . . . . . . . . . . 12
172F Preservation of financial arrangements--local pensioner fares . . . . 12
14 Amendment of s 179 (Expiry of part) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
15 Amendment of sch 2 (Appeals against administrative decisions) . . . . . . . . 13
1996
A BILL
FOR
An Act to amend the Transport Operations (Passenger Transport) Act
1994
s1 4 s5
Transport Operations (Passenger Transport)
Amendment
The Parliament of Queensland enacts-- 1
title 2
Short
Clause 1. This Act may be cited as the Transport Operations (Passenger 3
Transport) Amendment Act 1996. 4
5
Commencement
Clause 2. This Act commences on a day to be fixed by proclamation. 6
amended 7
Act
Clause 3. This Act amends the Transport Operations (Passenger Transport) 8
Act 1994. 9
of s 74 (Conditions of taxi service licences) 10
Amendment
Clause 4. Section 74(2)(c), `prescribed by regulation'-- 11
omit, insert-- 12
`published in the gazette under section 74A'. 13
of new s 74A 14
Insertion
Clause 5. After section 74-- 15
insert-- 16
taxi fares 17
`Maximum
`74A.(1) The chief executive may, by gazette notice, decide maximum 18
fares for taxis. 19
`(2) However, the chief executive may, by gazette notice, decide that the 20
maximum fares do not apply to a type of taxi stated in the notice if the chief 21
executive is satisfied that under the procedure used to book the type of 22
taxi-- 23
s6 5 s9
Transport Operations (Passenger Transport)
Amendment
(a) the hirer has to specifically ask for the type of taxi; and 1
(b) the operator and the hirer have to agree on the amount of the fare 2
at the time of booking.'. 3
of s 156 (Application of Judicial Review Act to certain 4
Amendment
transitional decisions) 5
Clause 6. Section 156(2), `3 years'-- 6
omit, insert-- 7
`6 years'. 8
of s 157 (Compensation not recoverable for certain 9
Amendment
decisions) 10
Clause 7. Section 157(2), `3 years'-- 11
omit, insert-- 12
`6 years'. 13
of s 158 (Continued application of State Transport Act, 14
Amendment
s 77 to certain decisions etc.) 15
Clause 8. Section 158(2), `3 years'-- 16
omit, insert-- 17
`6 years'. 18
of s 159 (Operators of scheduled passenger services) 19
Amendment
Clause 9.(1) Section 159(3), `2 years'-- 20
omit, insert-- 21
`5 years'. 22
s 10 6 s 10
Transport Operations (Passenger Transport)
Amendment
(2) Section 159(4),`2 years'-- 1
omit, insert-- 2
`5 years'. 3
(3) Section 159(5)(d), `2 years'-- 4
omit, insert-- 5
`5 years'. 6
(4) Section 159(6), `2 years'-- 7
omit, insert-- 8
`5 years'. 9
of s 160 (Contracts to provide scheduled urban bus 10
Amendment
services) 11
Clause 10.(1) Section 160, after subsection (3)-- 12
insert-- 13
`(3A) If a contract (an "expired contract") for the services expires, to 14
ensure continuity of the services the chief executive may, subject to 15
sections 172B and 172C, enter into a temporary service contract on 16
substantially the same conditions, other than conditions about the term of 17
the contract, as the expired contract. 18
`(3B) A temporary service contract under subsection (3A) ends at the 19
time stated in subsection (6). 20
`(3C) If the chief executive enters into a temporary service contract under 21
subsection (3A), the chief executive is taken to have declared, under 22
section 42 that a service contract is required to provide the service.'. 23
(2) Section 160(4)(c)-- 24
omit. 25
(3) Section 160(5)(c)-- 26
omit. 27
s 11 7 s 12
Transport Operations (Passenger Transport)
Amendment
(4) Section 160(6), after `section 10'-- 1
insert-- 2
`, a temporary service contract under subsection (3A)'. 3
(5) Section 160(6)(d), `2 years'-- 4
omit, insert-- 5
`5 years'. 6
(6) Section 160(7), `2 years'-- 7
omit, insert-- 8
`5 years'. 9
of s 161 (Arrangements for school transport--fixed term 10
Amendment
contracts) 11
Clause 11.(1) Section 161(5)-- 12
omit, insert-- 13
`(5) This section ceases to apply to an operator at the sooner of-- 14
(a) the end of the term of the existing arrangement; or 15
(b) 7 November 1999.'. 16
(2) Section 161(8), `4 years'-- 17
omit, insert-- 18
`5 years'. 19
of s 162 (Arrangements for school transport--other 20
Amendment
contracts) 21
Clause 12.(1) Section 162(4)(c), `2 years'-- 22
omit, insert-- 23
`5 years'. 24
s 13 8 s 13
Transport Operations (Passenger Transport)
Amendment
(2) Section 162(6), `2 years'-- 1
omit, insert-- 2
`5 years'. 3
of s 172 (Preservation of financial arrangements) 4
Replacement
Clause 13. Section 172-- 5
omit, insert-- 6
of financial arrangements--interest subsidy 7
`Preservation
`172.(1) If the Minister had, before 7 November 1994, approved under 8
the Urban Passenger Service Proprietors Assistance Act 1975, section 18, 9
the payment of an interest rate subsidy mentioned in section 17(1)(a) of that 10
Act to an operator of public passenger services, the subsidy may continue to 11
be paid to the operator on the terms on which it was being paid before 12
7 November 1994 while the operator-- 13
(a) holds a licence or permit to which section 159 applies to operate 14
the services; or 15
(b) holds a service contract under chapter 6 to operate the services or 16
similar services. 17
`(2) A person who holds a licence or permit to which section 159 applies 18
to operate public passenger services-- 19
(a) may apply under the Urban Passenger Service Proprietors 20
Assistance Act 1975, section 18 for payment of an interest rate 21
subsidy mentioned in section 17(1)(a) of that Act for the services; 22
or 23
(b) if the person is eligible under the Urban Passenger Service 24
Proprietors Assistance Act 1975, section 17(1)(a) for payment of 25
an interest rate subsidy--may apply under this section for 26
payment of an interest rate subsidy on a financial lease of a bus 27
used to provide the services. 28
`(3) If a subsidy is granted under subsection (2), it may continue to be 29
paid while the operator-- 30
(a) holds the licence or permit to which section 159 applies to operate 31
s 13 9 s 13
Transport Operations (Passenger Transport)
Amendment
the services; or 1
(b) holds a service contract under chapter 6 to operate the services or 2
similar services. 3
`(4) An agreement to pay an interest rate subsidy of the kind mentioned 4
in the Urban Passenger Service Proprietors Assistance Act 1975, 5
section 17(1)(a) must not be entered into under section 52 in a service 6
contract under chapter 6 after 7 November 1999. 7
`(5) An interest rate subsidy mentioned in subsection (4) must not be 8
paid after 7 November 2009. 9
`(6) Despite the repeal of the Urban Passenger Service Proprietors 10
Assistance Act 1975, sections 17, 18 and 19 of the Act continue to have 11
effect for the purposes of the subsidies. 12
`(7) This section expires on 30 November 1996. 13
`(8) The Acts Interpretation Act 1954, section 20A applies to this section. 14
of financial arrangements--gross fare revenue 15
`Preservation
`172A.(1) The Minister may continue to pay to an operator of a public 16
passenger service who holds a licence or permit to which section 159 17
applies, subsidies calculated on the basis of gross fare revenue under the 18
Urban Passenger Service Proprietors Assistance Act 1975, section 17, and 19
amounts payable for revenue foregone for providing concessions to holders 20
of seniors' cards if-- 21
(a) the Minister had, before 7 November 1994, approved the 22
subsidies under the Urban Passenger Service Proprietors 23
Assistance Act 1975, section 18; and 24
(b) the operator continues to hold the licence or permit. 25
`(2) However, to remove doubt it is declared that from 7 November 26
1994 the subsidy payable to an operator under subsection (1) is to be 27
calculated using the same percentage of gross fare revenue that was used to 28
calculate the subsidy payable to the operator for the year starting on 1 July 29
1994. 30
`(3) Payments under subsection (1) to an operator of a public passenger 31
service end on the sooner of-- 32
s 13 10 s 13
Transport Operations (Passenger Transport)
Amendment
(a) 30 November 1996; or 1
(b) if the operator enters into a service contract under chapter 6 for the 2
service--the day the operator enters into the service contract. 3
`(4) Despite the repeal of the Urban Passenger Service Proprietors 4
Assistance Act 1975, sections 17, 18 and 19 of the Act continue to have 5
effect for the purposes of the subsidies. 6
`(5) This section expires on 30 November 1996. 7
of other financial arrangements 8
`Preservation
`172B.(1) If immediately before 7 November 1994, amounts were 9
payable to an operator of a scheduled urban bus service under a contract1 10
mentioned in section 160, the Minister may continue to pay amounts to the 11
operator in accordance with the contract and by the authority of this section. 12
`(2) Payments under this section end on the sooner of-- 13
(a) 30 November 1996; or 14
(b) if the operator enters into a service contract under chapter 6 for the 15
service--the day the operator enters into the service contract. 16
`(3) This section expires on 30 November 1996. 17
arrangements for operator without service contract 18
`Financial
`172C.(1) This section applies to an operator who-- 19
(a) has received payments under section 172A or 172B for a service; 20
and 21
(b) has not entered into a service contract, other than a temporary 22
service contract, for the service before 2 December 1996; and 23
(c) continues to hold a licence or permit mentioned in section 1592 or 24
1 These contracts were made between the operator and the corporation sole
established under the Urban Public Passenger Transport Act 1984, section 10.
2 Section 159 (Operators of scheduled passenger services)
s 13 11 s 13
Transport Operations (Passenger Transport)
Amendment
a contract or temporary service contract mentioned in 1
section 160.3 2
`(2) The Minister is to pay the operator for the service-- 3
(a) the amount the operator would receive under section 52(2)(b),4 4
were the service performed under a service contract; and 5
(b) an additional amount decided by the Minister. 6
`(3) However, for the first year of payment starting from 1 December 7
1996, the Minister must pay the operator a payment equal to the payment 8
that the operator received under section 172A or 172B for the year ending 9
on 30 November 1996. 10
`(4) The payment under subsection (2)(b) in following years must-- 11
(a) not be more than the amount paid under subsection (2)(b) for the 12
first year; and 13
(b) reduce to zero by 30 November 2001. 14
`(5) Despite subsection (3), if the Minister is not satisfied the operator 15
has maintained at least the level of service that existed at 30 November 16
1996, the Minister may reduce the payments under subsection (2)(b) as the 17
Minister considers appropriate. 18
`(6) This section expires on 30 November 2001. 19
arrangements for operators with service contracts entered 20
`Financial
into between commencement and 1 December 1996 21
`172D.(1). This section applies to an operator who-- 22
(a) has received payments under section 172A or 172B for a service; 23
and 24
(b) enters into a service contract, other than a temporary service 25
contract, between the commencement and 1 December 1996. 26
3 Section 160 (Contracts to provide scheduled urban bus services)
4 Section 52 (Approval of basis for funding or other financial assistance by State)
s 13 12 s 13
Transport Operations (Passenger Transport)
Amendment
`(2) In addition to the amount the operator has the right to receive under 1
the service contract under section 52(2)(b), the Minister is to pay the 2
operator for the service an amount decided by the Minister. 3
`(3) However, for the first year of payment starting from the beginning 4
of the contract, the amount decided by the Minister must be the amount, that 5
when added with the amount payable to the operator under section 52(2)(b) 6
for the year, is equal to the payment that the operator received under 7
section 172A or 172B for the year before entering into the service contract. 8
`(4) The payment under subsection (2) for the subsequent 4 years 9
must-- 10
(a) not be more than the amount paid under subsection (2) for the 11
first year; and 12
(b) reduce to zero over that time. 13
`(5) This section expires on 30 November 2001. 14
arrangements for operators with service contracts entered 15
`Financial
into on or after 2 December 1996 16
`172E.(1) This section applies to an operator who-- 17
(a) has received payments under section 172C for a service; and 18
(b) enters into a service contract on or after 2 December 1996. 19
`(2) The Minister is to continue paying the operator in the way stated in 20
section 172C(2) to (4) (the "provisions") as if-- 21
(a) the service contract had been entered into on 1 December 1996; 22
and 23
(b) the operator had the right to the payments under the provisions. 24
`(3) This section expires on 30 November 2001. 25
of financial arrangements--local pensioner fares 26
`Preservation
`172F.(1) This section applies if the Minister had, before 7 November 27
1994, approved under the Urban Passenger Service Proprietors Assistance 28
Act 1975, section 18, the payment of a subsidy for local pensioner services 29
s 14 13 s 15
Transport Operations (Passenger Transport)
Amendment
mentioned in section 17(3)5 of that Act to an operator of public passenger 1
services. 2
`(2) The Minister may continue to pay the subsidy to the operator on the 3
terms on which it was being paid before 7 November 1994 while the 4
operator holds a licence or permit to which section 159 applies to operate 5
the public passenger services. 6
`(3) Despite the repeal of the Urban Passenger Service Proprietors 7
Assistance Act 1975, sections 17, 18 and 19 of the Act continue to have 8
effect for the purposes of the subsidies. 9
`(4) This section expires on 7 November 1999.'. 10
of s 179 (Expiry of part) 11
Amendment
Clause 14. Section 179, `2 years'-- 12
omit, insert-- 13
`5 years'. 14
of sch 2 (Appeals against administrative decisions) 15
Amendment
Clause 15. Schedule 2-- 16
insert-- 17
`172C(5) Reduction of payment District or
Magistrates'.
18
19
© State of Queensland 1996
5 Section 17 (Payment of subsidy)
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