Queensland Bills Queensland Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
TRANSPORT OPERATIONS
(PASSENGER TRANSPORT)
BILL 1994
Queensland
TRANSPORT OPERATIONS
(PASSENGER TRANSPORT) BILL 1994
TABLE OF PROVISIONS
Section Page
CHAPTER 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
3 Objectives of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
4 Definitions--the dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
5 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
CHAPTER 2--RESPONSIBILITIES FOR TRANSPORT
STRATEGIES AND PROGRAMS
PART 1--PASSENGER TRANSPORT STRATEGIES
6 Development of passenger transport strategies . . . . . . . . . . . . . . . . . . . . . . . 12
7 Contents of passenger transport strategies . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
PART 2--PASSENGER TRANSPORT IMPLEMENTATION
PROGRAMS
8 Development of passenger transport implementation programs . . . . . . . . . . 13
9 Consistency with passenger transport strategies . . . . . . . . . . . . . . . . . . . . . . 14
10 Report on operation of passenger transport programs . . . . . . . . . . . . . . . . . . 14
PART 3--CHIEF EXECUTIVE'S GENERAL
ACCOUNTABILITIES
11 Obligations about public passenger transport . . . . . . . . . . . . . . . . . . . . . . . . 14
CHAPTER 3--OPERATOR ACCREDITATION
12 Purpose of operator accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
13 What is operator accreditation? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
14 Scope of operator accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
15 Operator accreditation standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
2
Transport Operations (Passenger Transport)
16 Duties of operators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
17 Responsibility for system of operator accreditation . . . . . . . . . . . . . . . . . . . 17
18 Granting, renewing or refusing operator accreditation . . . . . . . . . . . . . . . . . 17
19 Provisional operator accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
20 Applicant to notify charge for disqualifying offence etc. . . . . . . . . . . . . . . . 18
21 Amendment, suspension and cancellation of operator accreditation . . . . . 18
22 Accredited operator to notify charge for disqualifying offence etc. . . . . . . . 19
23 Member of partnership must inform another partner of charge for
disqualifying offence etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
CHAPTER 4--DRIVER AUTHORISATION
24 Purpose of driver authorisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
25 What is driver authorisation? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
26 Scope of driver authorisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
27 Driver authorisation standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
28 Driver must hold appropriate authorisation . . . . . . . . . . . . . . . . . . . . . . . . . . 21
29 Responsibility for system of driver authorisation . . . . . . . . . . . . . . . . . . . . . 22
30 Granting, renewing or refusing driver authorisation . . . . . . . . . . . . . . . . . . . 22
31 Provisional driver authorisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
32 Applicant to notify charge for disqualifying offence etc. . . . . . . . . . . . . . . . 22
33 Amendment, suspension and cancellation of driver authorisations . . . . . . . 23
34 Authorised driver must notify charge for disqualifying offence etc. . . . . . . 23
35 Authorised driver must notify suspension or cancellation of licence etc. . . 23
36 Obligation to notify accredited operator of suspension or
cancellation of licence etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
CHAPTER 5--MARKET ENTRY RESTRICTIONS
37 Market entry restrictions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
CHAPTER 6--SERVICE CONTRACTS
PART 1--PRELIMINARY
Division 1--Application of service contracts
38 Purpose of service contracts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
39 What are service contracts? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
40 Scope of service contracts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
41 Service contracts to include minimum service levels . . . . . . . . . . . . . . . . . 26
3
Transport Operations (Passenger Transport)
42 Other matters to be included in service contracts . . . . . . . . . . . . . . . . . . . . . 26
Division 2--Requirement for service contracts
43 Declaration that service contracts are required . . . . . . . . . . . . . . . . . . . . . . . 27
44 Obligation to hold service contracts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Division 3--Administrative provisions
45 Term of service contracts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
46 Conditions of service contracts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
47 Review of operator's performance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
48 Breach of service contracts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
49 Transfer or surrender of service contracts . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
PART 2--SCHEDULED PASSENGER SERVICES
Division 1--Preliminary
50 Application of Part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
51 Commercial and government funded service contracts . . . . . . . . . . . . . . . . 30
52 Conditions of funding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
53 Approval of basis for funding or other financial assistance by State . . . . . . 31
54 Special condition for government funded service contracts for the
transport of eligible school children . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
55 Special condition for commercial service contracts for restricted
school services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Division 2--Entering into service contracts for scheduled services
56 Entering into a service contract for a scheduled service--no
existing operators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
57 Entitlement of existing operators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
58 Entering into a service contract for a scheduled service--single
existing operator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
59 Entering into a service contract for a scheduled
service--multiple existing operators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
60 Matters to be considered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
61 Amendments of service contracts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
62 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
63 Offer of new service contract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
PART 3--ADMINISTRATION OF TAXI SERVICES
64 Application of Part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
4
Transport Operations (Passenger Transport)
65 Provision of taxi services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
66 Taxi services to be provided only by taxis . . . . . . . . . . . . . . . . . . . . . . . . . . 37
67 Regulation may declare that service contracts are required . . . . . . . . . . . . 38
68 Amendments of taxi service contracts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
CHAPTER 7--TAXI SERVICE LICENCES
69 Purpose of taxi service licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
70 What are taxi service licences? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
71 Requirement for taxi service licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
72 Taxi service areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
73 Issue of new taxi service licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
74 Term of taxi service licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
75 Conditions of taxi service licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
76 Amendment of taxi service licence conditions . . . . . . . . . . . . . . . . . . . . . . . 41
77 Transfer, lease and surrender of taxi service licences . . . . . . . . . . . . . . . . . 41
78 Transfer of taxi service licences between areas . . . . . . . . . . . . . . . . . . . . . . 41
79 Limitation on number of licences held by single operator and
associates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
80 Suspension and cancellation of taxi service licences . . . . . . . . . . . . . . . . . 42
81 Taxi subsidy scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
CHAPTER 8--LUXURY LIMOUSINE SERVICE LICENCES
82 Purpose of luxury limousine service licences . . . . . . . . . . . . . . . . . . . . . . . . 43
83 What are luxury limousine service licences? . . . . . . . . . . . . . . . . . . . . . . . . 43
84 Requirement for luxury limousine service licences . . . . . . . . . . . . . . . . . . . 43
85 Luxury limousine service areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
86 No limit on number of licences held . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
87 Term of luxury limousine service licence . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
88 Conditions of luxury limousine service licences . . . . . . . . . . . . . . . . . . . . . . 44
89 Amendment of luxury limousine service licence conditions . . . . . . . . . . . . 45
90 Transfer, lease and surrender of luxury limousine service licences . . . . . . 45
91 Transfer of luxury limousine service licences between areas . . . . . . . . . . . 45
92 Suspension and cancellation of luxury limousine service licences . . . . . . . 45
5
Transport Operations (Passenger Transport)
CHAPTER 9--STANDARDS
93 Making of standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
94 Notice of proposal to prepare draft standard . . . . . . . . . . . . . . . . . . . . . . . . . 46
95 Preparation of draft standard . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
96 Notice of draft standard . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
97 Preparation of standard . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
98 Interim standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
99 Regulations prevail over standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
100 Review of standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
101 Direction to comply with standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
CHAPTER 10--REVIEW OF AND APPEALS AGAINST
DECISIONS
PART 1--REVIEW OF DECISIONS
102 Who may apply for review etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
103 Applying for review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
104 Stay of operation of decision etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
105 Reference to review panel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
106 Review panels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
107 Consideration of application by review panel . . . . . . . . . . . . . . . . . . . . . . . . 50
108 Decision on reconsideration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
PART 2--APPEALS
109 Who may make an appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
110 Making appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
CHAPTER 11--ENFORCEMENT
PART 1--AUTHORISED PERSONS
111 Appointment of authorised persons etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
112 Identity cards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
113 Production or display of authorised person's identity card . . . . . . . . . . . . . . 53
114 Powers of authorised persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
115 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
PART 2--POWERS OF AUTHORISED PERSONS IN RELATION
TO PLACES AND VEHICLES
116 Entry of place . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
6
Transport Operations (Passenger Transport)
117 Warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
118 Warrants--applications made otherwise than in person . . . . . . . . . . . . . . . . 55
119 Entry or boarding of vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
120 General powers in relation to places and vehicles . . . . . . . . . . . . . . . . . . . . 58
121 Power to seize evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
122 Procedure after thing seized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
PART 3--OTHER ENFORCEMENT POWERS OF AUTHORISED
PERSONS
123 Power to require name and address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
124 Power to require information from certain persons . . . . . . . . . . . . . . . . . . . . 62
125 Power to require production of certain documents . . . . . . . . . . . . . . . . . . . . 63
PART 4--OTHER ENFORCEMENT MATTERS
126 False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
127 False, misleading or incomplete documents . . . . . . . . . . . . . . . . . . . . . . . . . 64
128 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
129 Authorised person to give notice of damage . . . . . . . . . . . . . . . . . . . . . . . . . 65
130 Consent to entry by an authorised person . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
131 Obstruction of authorised person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
132 Impersonation of authorised person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
CHAPTER 12--MISCELLANEOUS
133 Transport arrangements for pupils . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
134 Impact of certain decisions by local governments on public
passenger transport . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
135 Effect of decisions of Planning and Environment Court . . . . . . . . . . . . . . . . 68
136 Demand management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
137 Inquiries about person's suitability to hold accreditation or
authorisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
138 Offences of dishonesty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
139 Records and evidence from records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
140 Proceedings for offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
141 Attempt to commit offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
142 Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
7
Transport Operations (Passenger Transport)
CHAPTER 13--AMENDMENTS, REPEALS AND
TRANSITIONAL PROVISIONS
PART 1--AMENDMENTS AND REPEALS
143 Amendments--Sch 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
144 Repeals--Sch 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
PART 2--SAVINGS AND TRANSITIONAL
145 Application of Judicial Review Act to certain transitional decisions . . . . . 72
146 Compensation not recoverable for certain decisions . . . . . . . . . . . . . . . . . . 73
147 Continued application of s 77 of State Transport Act to certain
decisions etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
148 Operators of scheduled passenger services . . . . . . . . . . . . . . . . . . . . . . . . . . 74
149 Contracts to provide scheduled urban bus services . . . . . . . . . . . . . . . . . . . . 75
150 Arrangements for school transport--fixed term contracts . . . . . . . . . . . . . . . 76
151 Arrangements for school transport--other contracts . . . . . . . . . . . . . . . . . . . 77
152 Holders of licences to hire . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
153 Licensed areas for taxi and luxury limousine services . . . . . . . . . . . . . . . . . 78
154 Air transport where subsidy agreements apply . . . . . . . . . . . . . . . . . . . . . . . 78
155 Other air transport services for certain routes . . . . . . . . . . . . . . . . . . . . . . . . 79
156 Provisional operator accreditation for existing operators . . . . . . . . . . . . . . . 81
157 Operator accreditation for courtesy and community transport services . . . . 81
158 Transitional provisional driver authorisation for drivers . . . . . . . . . . . . . . . . 81
159 Driver authorisation for courtesy and community vehicle drivers . . . . . . . . 82
160 Transitional provisional driver authorisation for hire drivers . . . . . . . . . . . . 82
161 Authorised persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
162 Delegations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
163 Offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
164 Preservation of financial arrangements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
165 Making of certain standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
PART 3--TRANSITION OF REFERENCES IN ACTS
166 Application of Part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
167 Urban Passenger Service Proprietors Assistance Act 1975 references . . . . 87
168 Urban Public Passenger Transport Act 1984 references . . . . . . . . . . . . . . . . 87
169 State Transport Act 1960 references etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
8
Transport Operations (Passenger Transport)
PART 4--TRANSITION OF REFERENCES IN DOCUMENTS
170 Application of Part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
171 Corporation references . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
172 Expiry of Part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
PART 5--TRANSITIONAL REGULATIONS
173 Transitional regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
174 Expiry of Part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 90
DISQUALIFYING OFFENCES--PROVISIONS OF THE
CRIMINAL CODE
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 92
APPEALS AGAINST ADMINISTRATIVE DECISIONS
SCHEDULE 3 . . . . . . . . . . . . . . . . . . . . . . . . 94
AMENDMENT OF ACTS
STATE TRANSPORT ACT 1960 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
STATE TRANSPORT (PEOPLE-MOVERS) ACT 1989 . . . . . . . . . . . . . . . 95
TRAFFIC ACT 1949 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
TRANSPORT INFRASTRUCTURE ACT 1994 . . . . . . . . . . . . . . . . . . . . . . 97
TRANSPORT INFRASTRUCTURE (ROADS) ACT 1991 . . . . . . . . . . . . . 99
SCHEDULE 4 . . . . . . . . . . . . . . . . . . . . . . . 100
REPEALS
DICTIONARY . . . . . . . . . . . . . . . . . . . . . . 101
1994
A BILL
FOR
An Act about passenger transport, and for other purposes
s1 10 s3
Transport Operations (Passenger Transport)
The Parliament of Queensland enacts-- 1
HAPTER 1--PRELIMINARY 2
C
title 3
Short
1. This Act may be cited as the Transport Operations (Passenger 4
Transport) Act 1994. 5
6
Commencement
2.(1) Subject to subsection (2), this Act commences on a day to be fixed 7
by proclamation. 8
(2) Amendments 5 to 8 of the Transport Infrastructure Act 1994 set out 9
in Schedule 3 are taken to have commenced on 1 July 1994. 10
of Act 11
Objectives
3.(1) This Act is intended to achieve the provision of the best possible 12
public passenger transport at reasonable cost to the community and 13
government, keeping government regulation to a minimum. 14
(2) However, this Act recognises that market entry restrictions may be 15
needed in the public interest. 16
(3) The overall objectives of this Act are, consistent with the objectives of 17
the Transport Planning and Coordination Act 1994, to-- 18
(a) enable the effective planning and efficient management of public 19
passenger transport in the State; and 20
(b) provide a system of public passenger transport in the State that-- 21
(i) is responsive to community needs; and 22
(ii) offers an attractive alternative to private transport in a way 23
that reduces the overall environmental, economic and social 24
costs of passenger transport; and 25
s4 11 s5
Transport Operations (Passenger Transport)
(iii) addresses the challenges of future growth; and 1
(iv) provides a high level of accountability; and 2
(v) provides public passenger services at a reasonable cost to the 3
community and government; and 4
(c) provide a reasonable level of community access and mobility in 5
support of the Government's social justice objectives; and 6
(d) provide an adequate framework for coordinating the different 7
forms of public passenger transport to form a comprehensive, 8
integrated and efficient system. 9
dictionary 10
Definitions--the
4.(1) The dictionary at the end of this Act defines particular words used 11
in this Act. 12
(2) To remove any doubt, the dictionary is a Schedule. 13
binds all persons 14
Act
5.(1) In this section-- 15
"government entity" includes-- 16
(a) the State, the Commonwealth or another State; or 17
(b) an instrumentality or agent of the State, the Commonwealth or 18
another State. 19
(2) This Act binds all persons, including every government entity. 20
(3) However, a regulation may exempt a government entity from this 21
Act or a provision of this Act. 22
s6 12 s7
Transport Operations (Passenger Transport)
HAPTER 2--RESPONSIBILITIES FOR 1
C
TRANSPORT STRATEGIES AND PROGRAMS 2
PART 1--PASSENGER TRANSPORT STRATEGIES 3
of passenger transport strategies 4
Development
6.(1) The chief executive must, from time to time, develop for the 5
Minister's approval passenger transport strategies designed to give effect to 6
the Transport Coordination Plan in accordance with this Act's objectives. 7
(2) In developing passenger transport strategies, the chief executive must 8
take reasonable steps to engage in public consultation. 9
(3) The Minister may, at any time, direct the chief executive to prepare 10
new passenger transport strategies for the Minister's approval or to amend 11
passenger transport strategies in the way the Minister directs. 12
(4) The Minister may approve passenger transport strategies submitted 13
for approval by the chief executive or require the chief executive to amend 14
the strategies in the way the Minister directs. 15
(5) The Minister must table a copy of each passenger transport strategy, 16
and each amendment of a passenger transport strategy, approved by the 17
Minister in the Legislative Assembly within 5 sitting days after it is 18
approved. 19
of passenger transport strategies 20
Contents
7.(1) Passenger transport strategies must include-- 21
(a) a statement of the specific objectives sought to be achieved; and 22
(b) proposals for the provision of public passenger transport; and 23
(c) criteria for deciding priorities for government spending on public 24
passenger transport, and options for raising the necessary finance; 25
and 26
(d) appropriate performance indicators for deciding whether, and to 27
s8 13 s8
Transport Operations (Passenger Transport)
what extent, the objectives of the strategies have been achieved. 1
(2) Passenger transport strategies must aim to provide an adequate 2
framework for coordinating and integrating the provision of passenger 3
transport between the different transport modes and different levels of 4
government. 5
(3) Passenger transport strategies may also take into account agreements 6
between the State and the Commonwealth, other States and local 7
governments about passenger transport. 8
PART 2--PASSENGER TRANSPORT 9
IMPLEMENTATION PROGRAMS 10
of passenger transport implementation programs 11
Development
8.(1) Before the start of each financial year, the chief executive must 12
develop for the Minister's approval passenger transport implementation 13
programs for the year and for 1 or more later years. 14
(2) A passenger transport implementation program must include a 15
statement of-- 16
(a) the policies, projects and financial provisions for implementing 17
the passenger transport strategies; and 18
(b) the performance targets to be achieved. 19
(3) A passenger transport implementation program may include 20
proposals to spend amounts not directly related to public passenger 21
transport if the proposals would contribute to the effectiveness and 22
efficiency of public passenger transport. 23
(4) In developing passenger transport implementation programs, the 24
chief executive must take reasonable steps to engage in public consultation. 25
(5) A passenger transport implementation program must be made 26
available to the public in a way decided by the Minister. 27
(6) The Minister may at any time direct the chief executive to amend a 28
passenger transport implementation program. 29
s9 14 s 11
Transport Operations (Passenger Transport)
(7) The Minister may approve passenger transport implementation 1
programs submitted for approval by the chief executive or require the chief 2
executive to amend the programs in the way the Minister directs. 3
with passenger transport strategies 4
Consistency
9.(1) Subject to directions of the Minister, a passenger transport 5
implementation program must be consistent with the passenger transport 6
strategies. 7
(2) If the Minister gives a direction under this section resulting in a 8
passenger transport implementation program being inconsistent with 9
passenger transport strategies, the Minister must table a copy of the 10
direction in the Legislative Assembly within 5 sitting days after it is given. 11
on operation of passenger transport programs 12
Report
10. Each annual report of the department must include a report on the 13
implementation of passenger transport implementation programs during the 14
year to which the report relates. 15
PART 3--CHIEF EXECUTIVE'S GENERAL 16
ACCOUNTABILITIES 17
about public passenger transport 18
Obligations
11.(1) The chief executive must ensure-- 19
(a) public passenger transport is developed in a way that-- 20
(i) takes into account national and international benchmarks and 21
best practice; and 22
(ii) promotes, within overall transport objectives, the safety of 23
passengers; and 24
(iii) encourages efficient, competitive and commercial behaviour 25
in the provision of public passenger transport; and 26
s 12 15 s 13
Transport Operations (Passenger Transport)
(iv) ensures a strategic and integrated approach to the provision 1
of public passenger transport; and 2
(v) promotes energy efficiency and reduces adverse 3
environmental impact; and 4
(b) public passenger transport operates to achieve-- 5
(i) efficiency; and 6
(ii) cost effectiveness; and 7
(iii) the highest quality and accessibility of services, and effective 8
infrastructure, consistent with reasonable cost; and 9
(c) funding provided by the State for public passenger transport is 10
applied in an efficient, cost effective and equitable way. 11
(2) Each annual report of the department must include a report on how 12
effect has been given to subsection (1) during the year to which the report 13
relates. 14
CHAPTER 3--OPERATOR ACCREDITATION 15
of operator accreditation 16
Purpose
12. The purpose of operator accreditation is to encourage the high quality 17
operation of public passenger services by-- 18
(a) raising standards and awareness of operators in the areas of 19
safety, service delivery and business acumen; and 20
(b) ensuring public passenger service operators are held accountable 21
for complying with appropriate standards. 22
is operator accreditation? 23
What
13. "Operator accreditation" is a qualification an operator of certain 24
public passenger transport services must attain and maintain to provide the 25
services. 26
s 14 16 s 15
Transport Operations (Passenger Transport)
of operator accreditation 1
Scope
14.(1) The categories of public passenger service for which operator 2
accreditation is required are-- 3
(a) scheduled passenger services; and 4
(b) long distance scheduled passenger services; and 5
(c) charter bus services; and 6
(d) tourist services; and 7
(e) taxi services; and 8
(f) luxury limousine services; and 9
(g) courtesy transport services; and 10
(h) community transport services; and 11
(i) other categories of public passenger services prescribed by 12
regulation. 13
(2) However, operator accreditation is not required for-- 14
(a) public passenger services provided by Queensland Railways; or 15
(b) air services; or 16
(c) a type of public passenger service exempted by regulation. 17
accreditation standards 18
Operator
15. Standards about operator accreditation may relate to-- 19
(a) the applicant's capacity to ensure the appropriate operation and 20
maintenance of public passenger vehicles; and 21
(b) the applicant's ability to provide a quality public passenger 22
service; and 23
(c) an operator's responsibility to comply with vehicle design, safety 24
and operational requirements; and 25
(d) the applicant's business management skills, including, expertise 26
in timetabling, route planning, marketing, customer services and 27
s 16 17 s 18
Transport Operations (Passenger Transport)
financial management; and 1
(e) other matters prescribed by regulation.1 2
of operators 3
Duties
16. A person must not provide a public passenger service for which 4
operator accreditation is required under this Act unless-- 5
(a) the person is accredited to operate the service; and 6
(b) the person uses appropriately authorised drivers. 7
Maximum penalty--160 penalty units. 8
for system of operator accreditation 9
Responsibility
17.(1) The chief executive is responsible for administering the scheme of 10
operator accreditation. 11
(2) If a person to whom the chief executive delegates powers about 12
operator accreditation that are prescribed by regulation fails, without 13
reasonable excuse, to comply with a condition of the delegation, the person 14
commits an offence. 15
Maximum penalty--160 penalty units. 16
renewing or refusing operator accreditation 17
Granting,
18.(1) A regulation may make provision about granting, renewing, or 18
refusing to grant or renew, operator accreditation. 19
(2) Without limiting subsection (1), a regulation may authorise the chief 20
executive to refuse to grant a person operator accreditation if-- 21
(a) for an individual--the person has been convicted of a 22
disqualifying offence or has been charged with a disqualifying 23
offence and the charge has not been finally disposed of; or 24
(b) for a member of a partnership--the person, or another member 25
of the partnership, has been convicted of a disqualifying offence 26
1 Chapter 9 deals with the making of standards.
s 19 18 s 21
Transport Operations (Passenger Transport)
or has been charged with a disqualifying offence and the charge 1
has not been finally disposed of; or 2
(c) for a corporation--the person, or an executive officer of the 3
corporation, has been convicted of a disqualifying offence or has 4
been charged with a disqualifying offence and the charge has not 5
been finally disposed of. 6
operator accreditation 7
Provisional
19. A regulation may provide for granting, or refusing to grant, operator 8
accreditation on a provisional basis. 9
to notify charge for disqualifying offence etc. 10
Applicant
20.(1) If an applicant for an operator accreditation is charged with a 11
disqualifying offence, the applicant must immediately notify the chief 12
executive under the regulations. 13
(2) When the charge is dealt with, the applicant must immediately notify 14
the chief executive under the regulations of the outcome of the charge. 15
Maximum penalty--10 penalty units. 16
suspension and cancellation of operator accreditation 17
Amendment,
21.(1) A regulation may make provision about amending, suspending or 18
cancelling operator accreditation. 19
(2) Without limiting subsection (1), a regulation may authorise the chief 20
executive to suspend or cancel a person's operator accreditation if-- 21
(a) for an individual--the person is convicted of a disqualifying 22
offence; or 23
(b) for a member of a partnership--the person, or another member 24
of the partnership, is convicted of a disqualifying offence; or 25
(c) for a corporation--the person, or an executive officer of the 26
person, is convicted of a disqualifying offence. 27
(3) Without limiting subsection (1), a regulation may authorise the chief 28
executive immediately to suspend a person's operator accreditation if-- 29
s 22 19 s 23
Transport Operations (Passenger Transport)
(a) for an individual--the person is charged with a disqualifying 1
offence or the chief executive otherwise considers it necessary in 2
the public interest; or 3
(b) for a member of a partnership--the person, or another member 4
of the partnership, is charged with a disqualifying offence or the 5
chief executive otherwise considers it necessary in the public 6
interest; or 7
(c) for a corporation--the person, or an executive officer of the 8
person, is charged with a disqualifying offence or the chief 9
executive otherwise considers it necessary in the public interest. 10
operator to notify charge for disqualifying offence etc. 11
Accredited
22.(1) A person who is an accredited operator must immediately notify 12
the chief executive under the regulations if-- 13
(a) for an individual--the person is charged with a disqualifying 14
offence; or 15
(b) for a member of a partnership--the person, or another member 16
of the partnership, is charged with a disqualifying offence; or 17
(c) for a corporation--the person, or an executive officer of the 18
person, is charged with a disqualifying offence. 19
(2) When the charge is dealt with, the person must immediately notify 20
the chief executive under the regulations of the outcome of the charge. 21
Maximum penalty--10 penalty units. 22
of partnership must inform another partner of charge for 23
Member
disqualifying offence etc. 24
23.(1) A member of a partnership that is an accredited operator must 25
immediately inform, under the regulations, another member of the 26
partnership if the member is charged with a disqualifying offence. 27
(2) When the charge is dealt with, the member must immediately 28
inform, under the regulations, another member of the partnership of the 29
outcome of the charge. 30
(3) An executive officer of a corporation that is an accredited operator 31
s 24 20 s 26
Transport Operations (Passenger Transport)
must immediately inform, under the regulations, another executive officer 1
of the operator if the executive officer is charged with a disqualifying 2
offence. 3
(4) When the charge is dealt with, the executive officer must immediately 4
inform, under the regulations, another executive officer of the operator of 5
the outcome of the charge. 6
Maximum penalty--10 penalty units. 7
HAPTER 4--DRIVER AUTHORISATION 8
C
of driver authorisation 9
Purpose
24. The purpose of driver authorisation is to ensure drivers of public 10
passenger vehicles-- 11
(a) are capable of safely operating the relevant type of vehicle; and 12
(b) are aware of their customer service responsibilities; and 13
(c) conduct themselves appropriately. 14
is driver authorisation? 15
What
25. "Driver authorisation" is a qualification a driver of a vehicle 16
providing certain public passenger transport services must attain and 17
maintain to operate the vehicle while providing the services. 18
of driver authorisation 19
Scope
26.(1) The categories of public passenger service for which driver 20
authorisation is required are-- 21
(a) scheduled passenger services; and 22
(b) long distance scheduled passenger services; and 23
(c) charter bus services; and 24
(d) tourist services; and 25
s 27 21 s 28
Transport Operations (Passenger Transport)
(e) taxi services; and 1
(f) luxury limousine services; and 2
(g) courtesy transport services; and 3
(h) community transport services; and 4
(i) other categories of public passenger services prescribed by 5
regulation. 6
(2) However, driver authorisation is not required for-- 7
(a) public passenger services provided by Queensland Railways; or 8
(b) air services; or 9
(c) a type of public passenger service exempted by regulation. 10
authorisation standards 11
Driver
27. Standards about driver authorisation may-- 12
(a) relate to the applicant's ability to operate safely a public passenger 13
vehicle of the relevant category; and 14
(b) include requirements about the applicant's medical fitness; and 15
(c) require compliance with the Anti-Discrimination Act 1991; and 16
(d) relate to customer service and other matters prescribed by 17
regulation.2 18
must hold appropriate authorisation 19
Driver
28. A person must not operate a public passenger vehicle providing a 20
public passenger service for which driver authorisation is required unless 21
the person is an appropriately authorised driver. 22
Maximum penalty--30 penalty units. 23
2 Chapter 9 deals with the making of standards.
s 29 22 s 32
Transport Operations (Passenger Transport)
for system of driver authorisation 1
Responsibility
29.(1) The chief executive is responsible for administering the scheme of 2
driver authorisation. 3
(2) If a person to whom the chief executive delegates powers about 4
driver authorisation that are prescribed by regulation fails, without 5
reasonable excuse, to comply with a condition of the delegation, the person 6
commits an offence. 7
Maximum penalty--160 penalty units. 8
renewing or refusing driver authorisation 9
Granting,
30.(1) A regulation may make provision about granting, renewing, or 10
refusing to grant or renew, driver authorisation. 11
(2) Without limiting subsection (1), a regulation may authorise the chief 12
executive to refuse to grant a person driver authorisation if the person has 13
been convicted of a disqualifying offence or has been charged with a 14
disqualifying offence and the charge has not been finally disposed of. 15
driver authorisation 16
Provisional
31. A regulation may provide for granting, or refusing to grant, driver 17
authorisation on a provisional basis, including provisional authorisation in 18
an emergency. 19
to notify charge for disqualifying offence etc. 20
Applicant
32.(1) If an applicant for driver authorisation is charged with a 21
disqualifying offence, the applicant must immediately notify the chief 22
executive under the regulations. 23
(2) When the charge is dealt with, the applicant must immediately notify 24
the chief executive under the regulations of the outcome of the charge. 25
Maximum penalty--10 penalty units. 26
s 33 23 s 36
Transport Operations (Passenger Transport)
suspension and cancellation of driver authorisations 1
Amendment,
33.(1) A regulation may make provision about amending, suspending or 2
cancelling driver authorisations. 3
(2) Without limiting subsection (1), a regulation may authorise the chief 4
executive to suspend or cancel a person's driver authorisation if the person 5
is convicted of a disqualifying offence. 6
(3) Without limiting subsection (1), a regulation may authorise the chief 7
executive immediately to suspend a person's driver authorisation if the 8
person is charged with a disqualifying offence or the chief executive 9
otherwise considers it necessary in the public interest. 10
driver must notify charge for disqualifying offence etc. 11
Authorised
34.(1) An authorised driver must immediately notify the chief executive 12
under the regulations if the driver is charged with a disqualifying offence. 13
(2) When the charge is dealt with, the authorised driver must 14
immediately inform the chief executive under the regulations of the 15
outcome of the charge. 16
Maximum penalty--10 penalty units. 17
driver must notify suspension or cancellation of licence 18
Authorised
etc. 19
35. If a licence or other authorisation required under another Act to drive 20
a vehicle of a type to which a person's driver authorisation relates is 21
suspended or cancelled, the person must immediately notify the chief 22
executive under the regulations. 23
Maximum penalty--10 penalty units. 24
to notify accredited operator of suspension or cancellation 25
Obligation
of licence etc. 26
36. If-- 27
(a) a licence or other authorisation required under another Act to 28
drive a vehicle of a type to which a person's driver authorisation 29
s 37 24 s 37
Transport Operations (Passenger Transport)
relates is suspended or cancelled; or 1
(b) a person's driver authorisation is suspended or cancelled; 2
and the authorised driver drives a vehicle for an accredited operator, the 3
person must immediately notify the operator under the regulations. 4
Maximum penalty--10 penalty units. 5
CHAPTER 5--MARKET ENTRY RESTRICTIONS 6
entry restrictions 7
Market
37.(1) A regulation may declare that a public passenger service is to be 8
provided with market entry restrictions. 9
(2) Before a regulation is made under subsection (1), the Minister must 10
be of the opinion that the following criteria are met, or can be met or 11
substantially met-- 12
(a) the level of services would be greater than the level that would 13
otherwise be provided; 14
(b) access to public passenger transport would be greater than would 15
otherwise be achieved; 16
(c) service innovation would be greater than would otherwise be 17
achieved; 18
(d) the particular public passenger services would better meet the 19
Government's social justice objectives at a lower cost to the 20
Government than would otherwise be achieved. 21
s 38 25 s 40
Transport Operations (Passenger Transport)
HAPTER 6--SERVICE CONTRACTS 1
C
PART 1--PRELIMINARY 2
Division 1--Application of service contracts 3
of service contracts 4
Purpose
38. The purpose of service contracts is to hold accredited operators 5
accountable for minimum performance levels to ensure the communities 6
served under the contracts receive, at a reasonable cost, quality and 7
innovative public passenger services. 8
are service contracts? 9
What
39.(1) A "service contract" is a contract between the chief executive for 10
the State and an operator under which the operator is required to provide a 11
public passenger service for an area or route in a way that meets or exceeds 12
performance levels stated in the contract. 13
(2) If-- 14
(a) a regulation has been made under section 37 (Market entry 15
restrictions) for a public passenger service; and 16
(b) the chief executive has declared, under section 43 (Declaration 17
that service contracts are required), that a service contract is 18
required to provide the service for an area or a route; 19
a service contract may provide the operator with the exclusive right to 20
operate the public passenger service for the area or route. 21
of service contracts 22
Scope
40. The categories of public passenger service for which service contracts 23
may be required are-- 24
(a) scheduled passenger services; and 25
s 41 26 s 42
Transport Operations (Passenger Transport)
(b) administration of taxi services; and 1
(c) ferry services; and 2
(d) air services; and 3
(e) another category of public passenger services prescribed by 4
regulation. 5
contracts to include minimum service levels 6
Service
41.(1) A service contract must state minimum service levels to be 7
complied with by the operator. 8
(2) Minimum service levels for a particular public passenger service 9
must specify-- 10
(a) the periods when the public passenger service is to be provided; 11
and 12
(b) the nature, frequency and extent of the public passenger service 13
during the periods or particular parts of the periods. 14
(3) Minimum service levels must have regard to-- 15
(a) the needs of the community for whose benefit the service is 16
provided; and 17
(b) service levels in comparable communities, whether in 18
Queensland, elsewhere in Australia or in a foreign country; and 19
(c) the cost of service provision. 20
matters to be included in service contracts 21
Other
42.(1) A service contract may-- 22
(a) establish performance outcomes for frequency, regularity, 23
punctuality and accessibility; and 24
(b) establish performance outcomes for customer information and 25
service; and 26
(c) establish principles for fare setting; and 27
(d) establish performance levels for the quality and type of public 28
passenger vehicles; and 29
s 43 27 s 43
Transport Operations (Passenger Transport)
(e) establish criteria for government payments under the contract; and 1
(f) require the operator to provide or fund infrastructure associated 2
with providing the public passenger service; and 3
(g) require the operator to have or develop a business plan outlining 4
how the performance levels are to be achieved; and 5
(h) require the operator to establish a management information 6
system to monitor, record and report periodically on 7
performance; and 8
(i) require the operator to provide the chief executive with 9
information the chief executive may require; and 10
(j) establish performance outcomes for other aspects of the way the 11
operator provides the public passenger service or carries on 12
business; and 13
(k) provide for the payment of compensation by the operator if the 14
operator contravenes a condition of the contract, including, for 15
example, compensation for the cost of providing the service 16
through another operator; and 17
(l) include other terms required by the chief executive. 18
(2) The chief executive-- 19
(a) is obliged under a service contract to act in a reasonable way to 20
facilitate the contract's operation; and 21
(b) has the other obligations stated in the contract. 22
2--Requirement for service contracts 23
Division
that service contracts are required 24
Declaration
43.(1) This section applies to a public passenger service to which a 25
regulation under section 37 (Market entry restrictions) applies. 26
(2) The chief executive may, by public notice, declare that a service 27
contract is required to provide the public passenger services for a specified 28
area or route. 29
s 44 28 s 47
Transport Operations (Passenger Transport)
to hold service contracts 1
Obligation
44. A person must not provide a public passenger service for an area or 2
route if the area or route is a service contract area or route for public 3
passenger services of that type unless the person is entitled to provide the 4
public passenger service under-- 5
(a) a service contract; or 6
(b) an agreement with the holder of a service contract. 7
Maximum penalty-- 8
(a) if an operator has the exclusive right to operate the public 9
passenger service for the area or route--160 penalty units; or 10
(b) in any other case--30 penalty units. 11
3--Administrative provisions 12
Division
of service contracts 13
Term
45.(1) A service contract is for a term of 5 years. 14
(2) However, the chief executive may, in special circumstances, enter 15
into temporary service contracts for a shorter term to ensure continuity of 16
public passenger services. 17
(3) Subsection (1) is subject to the following sections-- 18
· section 48 (Breach of service contracts) 19
· section 54 (Special condition for government funded service 20
contracts for the transport of eligible school children). 21
of service contracts 22
Conditions
46. A service contract is subject to conditions agreed by the parties. 23
of operator's performance 24
Review
47.(1) The chief executive may arrange for reviews of an operator's 25
performance under a service contract. 26
s 47 29 s 47
Transport Operations (Passenger Transport)
(2) However, each service contract must be reviewed as near as 1
practicable to the middle of the term of the contract (a "midterm review"). 2
(3) A service contract may also be reviewed at another time if the parties 3
agree. 4
(4) Each operator under a service contract must, for a midterm review, 5
conduct a market based needs assessment for public passenger services of 6
the relevant type for the contract area or route. 7
(5) The chief executive may make, and distribute to operators, guidelines 8
to which operators must have regard in conducting assessments under 9
subsection (4). 10
(6) The chief executive must take into account any relevant research done 11
by the operator. 12
(7) If, on a review, it is shown that the operator-- 13
(a) has taken all reasonable steps to fulfil the contract and actively 14
promoted the use of public passenger transport; but 15
(b) has not achieved the patronage levels agreed to by the chief 16
executive and the operator; 17
the chief executive may review the operator's minimum service levels or 18
work with the operator to achieve increased patronage. 19
(8) If, after a review, the chief executive is of the opinion the operator's 20
performance has been inadequate in a significant respect, the chief 21
executive-- 22
(a) must notify the operator of the inadequacy; and 23
(b) may require the operator to take specified steps to remedy the 24
inadequacy. 25
(9) If an operator fails to take the required steps to remedy the 26
inadequacy within the time allowed by the chief executive, the chief 27
executive may, by notice to the operator, terminate the service contract. 28
(10) Compensation is not recoverable from anyone (including the chief 29
executive and the State) for or in relation to the termination of the service 30
contract under subsection (9). 31
s 48 30 s 51
Transport Operations (Passenger Transport)
of service contracts 1
Breach
48.(1) The chief executive may, by notice given to an operator, amend, 2
suspend or cancel the operator's service contract if the operator contravenes 3
a condition of the contract. 4
(2) Before taking action against a person under subsection (1), the chief 5
executive must give the person written notice of the intended action, and 6
allow the person an opportunity to make written representations about the 7
intended action within 10 working days. 8
or surrender of service contracts 9
Transfer
49. The holder of a service contract may, with the chief executive's 10
approval-- 11
(a) transfer the operator's rights and liabilities under the contract to 12
another operator; or 13
(b) surrender the contract. 14
PART 2--SCHEDULED PASSENGER SERVICES 15
1--Preliminary 16
Division
of Part 17
Application
50. This Part applies only to scheduled passenger services. 18
and government funded service contracts 19
Commercial
51.(1) Service contracts for scheduled passenger services are classified as 20
commercial service contracts or government funded service contracts. 21
(2) A "commercial service contract" is a service contract under which 22
the operator is remunerated from revenue generated by passengers' fares. 23
(3) A "government funded service contract" is a contract under which 24
s 52 31 s 53
Transport Operations (Passenger Transport)
the operator is remunerated-- 1
(a) entirely from government payments for services provided; or 2
(b) partly from revenue generated by fares and partly from 3
government payments for services provided. 4
(4) Reimbursement for government specified fare concessions is to be 5
treated as remuneration from revenue generated by passengers' fares. 6
of funding 7
Conditions
52.(1) If an operator is required under a service contract to provide 8
concessions, the contract must also provide for a scheme under which the 9
operator will be reimbursed for the concessions by government funding. 10
(2) A service contract may require the operator to provide improved 11
levels of productivity. 12
(3) A service contract may require the operator to provide a discount for 13
infants, children and school students. 14
of basis for funding or other financial assistance by State 15
Approval
53.(1) The chief executive may enter into a service contract providing for 16
funding or other financial assistance by the State only if the Minister has 17
approved the basis on which the funding or other financial assistance is to 18
be provided. 19
(2) In considering whether to give an approval under subsection (1), the 20
Minister must have regard to the principle that funding or other financial 21
assistance by the State for scheduled passenger services should be provided 22
principally for-- 23
(a) scheduled passenger services that the Government requires to be 24
provided and that would not be provided, or provided at the same 25
level, without funding or other financial assistance by the State; 26
and 27
(b) reimbursement for Government specified fare concessions. 28
(3) Each annual report of the department must include-- 29
(a) details of funding or other financial assistance provided by the 30
s 54 32 s 56
Transport Operations (Passenger Transport)
State to each operator who receives funding or other financial 1
assistance during the year to which the report relates; and 2
(b) reasons for the funding or other financial assistance. 3
condition for government funded service contracts for the 4
Special
transport of eligible school children 5
54. A government funded service contract about the transport of eligible 6
school children must include a condition that the contract may be terminated 7
or amended if the number of eligible school children using the service 8
changes significantly. 9
condition for commercial service contracts for restricted school 10
Special
services 11
55. A commercial service contract may include a condition that the 12
provision of transport of students to particular schools may be provided by 13
another operator over the service contract area or route, or part of the service 14
contract area or route, as a restricted school service for which there will be 15
no government funding. 16
Division 2--Entering into service contracts for scheduled services 17
into a service contract for a scheduled service--no existing 18
Entering
operators 19
56. If-- 20
(a) an area or route is identified under section 43 (Declaration that 21
service contracts are required) for a public passenger service; and 22
(b) no-one is providing a public passenger service of that kind for the 23
area or route; 24
the chief executive must, by public notice, invite submissions from the 25
public, whether by tender or in another way, for a service contract to 26
provide the public passenger service for the area or route. 27
s 57 33 s 58
Transport Operations (Passenger Transport)
of existing operators 1
Entitlement
57.(1) Each operator who provides a public passenger service for a 2
service contract area or route is entitled to the first opportunity to offer to 3
provide a public passenger service of that kind for the area or route. 4
(2) This section does not apply to an operator under a service contract 5
that states that this section does not apply to it. 6
into a service contract for a scheduled service--single 7
Entering
existing operator 8
58.(1) This section applies if a single operator was providing a public 9
passenger service for an area or route and-- 10
(a) the area or route or part of the area or route is identified under 11
section 43 (Declaration that service contracts are required) for the 12
public passenger service; or 13
(b) a service contract for the public passenger service for the area or 14
route is to expire. 15
(2) However, this section does not apply to an operator under a service 16
contract that states that this section does not apply to it. 17
(3) If this section applies, the chief executive must, by written notice, 18
invite the operator to offer, whether by tender or in another way, for a 19
service contract to provide the public passenger service for the area or route. 20
(4) If-- 21
(a) no response is made to the invitation within 60 days after it is 22
made; or 23
(b) the response does not meet or substantially meet the requirements 24
of section 60 (Matters to be considered); 25
the chief executive must, by public notice, invite submissions from the 26
public, whether by tender or in another way, for a service contract to 27
provide a public passenger service of that kind for the area or route. 28
s 59 34 s 59
Transport Operations (Passenger Transport)
into a service contract for a scheduled service--multiple 1
Entering
existing operators 2
59.(1) If-- 3
(a) an area or route is identified under section 43 (Declaration that 4
service contracts are required) for a public passenger service; and 5
(b) 2 or more people (the "operators") were providing public 6
passenger services of that kind for the area or route or part of the 7
area or route; and 8
(c) the chief executive is of the opinion that, for the purpose of 9
entering into a service contract for the provision of a public 10
passenger service of that kind for the area or route, rationalisation, 11
joint operation or amalgamation of, or other arrangement 12
between, the operators is required; 13
the chief executive must give the operators written notice that they are 14
required to work out, within 60 days, a form of rationalisation, joint 15
operation, amalgamation or other arrangement that achieves a just 16
compromise of their respective rights. 17
(2) If the chief executive is satisfied 1 or more of the operators was not 18
willing to negotiate a just compromise of their respective rights, the chief 19
executive may enter into a service contract with the remaining operators. 20
(3) If-- 21
(a) no response is made within 60 days after the notices are given or 22
any further period allowed by the chief executive under 23
subsection (4); or 24
(b) the responses do not meet or substantially meet the requirements 25
of section 60 (Matters to be considered); 26
the chief executive must, by public notice, invite submissions from the 27
public, whether by tender or in another way, for a service contract to 28
provide a public passenger service of that kind for the area or route. 29
(4) The chief executive may, within the period of 60 days mentioned in 30
subsection (3)(a), allow the operators a further period of not more than 31
60 days. 32
(5) Subsection (3)(a) does not apply if the chief executive is satisfied the 33
operators are making substantial progress towards a form of rationalisation, 34
s 60 35 s 61
Transport Operations (Passenger Transport)
joint operation, amalgamation or other arrangement that achieves a just 1
compromise of their respective rights. 2
(6) However, subsection (3)(a) again applies to the operators if the chief 3
executive notifies them, in writing, that the chief executive is no longer 4
satisfied that they are making substantial progress. 5
(7) Only 1 extension may be granted under subsection (4). 6
to be considered 7
Matters
60.(1) The chief executive is not obliged to accept any offer for a service 8
contract. 9
(2) In deciding between 2 or more offers for a service contract, the chief 10
executive must accept the offer the chief executive considers the most 11
advantageous in the public interest having regard to-- 12
(a) the needs of the community for whose benefit the service is 13
provided; and 14
(b) the ability of each offerer to meet the minimum service levels and 15
other standards of performance specified in the offer; and 16
(c) the cost of service provision; and 17
(d) the need for sustainability and continuity of services; and 18
(e) matters prescribed by regulation. 19
of service contracts 20
Amendments
61.(1) The chief executive may amend the area or route of a service 21
contract if the chief executive is satisfied the amendment is necessary-- 22
(a) to extend services into developing areas; or 23
(b) because of changed traffic conditions or for reasons of public 24
safety; or 25
(c) for improvement of services in the public interest. 26
(2) Before making a decision under this section, the chief executive must 27
give the operator written notice of the intended action and allow the operator 28
the first opportunity to offer to provide the amended services. 29
s 62 36 s 63
Transport Operations (Passenger Transport)
1
Compensation
62.(1) If-- 2
(a) an existing operator or operators are not awarded a service 3
contract for the area or route, or part of the area or route, for 4
which the operator or operators were providing services; or 5
(b) a decision is made under section 61 (Amendments of service 6
contracts) and the existing operator or operators do not wish to 7
provide the services for the amended area or route; 8
the chief executive may require the new operator, as a condition of the new 9
service contract, to pay compensation to the existing operator or operators. 10
(2) If submissions for the new service contract were invited from the 11
public, the chief executive may act under subsection (1) only if the invitation 12
stated that this section applied to the contract. 13
(3) The amount of compensation is to be decided by agreement between 14
the operators or, if there is no agreement, by an arbitrator appointed by the 15
parties. 16
(4) A regulation may make provision about matters to be considered, or 17
not considered, in deciding the amount of compensation. 18
(5) The Commercial Arbitration Act 1990 applies to the arbitration. 19
of new service contract 20
Offer
63.(1) If-- 21
(a) an operator's performance under a service contract has been 22
satisfactory; and 23
(b) the chief executive proposes to offer a new service contract at the 24
end of the term for the same, or substantially the same, service 25
contract area or route; 26
the chief executive must, by written notice, invite the operator to offer, 27
whether by tender or in another way, for the new contract. 28
(2) The chief executive may invite offers from the public or someone 29
else only if the operator-- 30
(a) refuses the invitation; or 31
s 64 37 s 66
Transport Operations (Passenger Transport)
(b) fails to respond to the invitation within a time (of at least 60 days) 1
allowed by the chief executive; or 2
(c) fails to make an offer that meets or substantially meets the 3
requirements of section 60 (Matters to be considered). 4
(3) This section does not apply to an operator under a service contract 5
that states that this section does not apply to it. 6
ART 3--ADMINISTRATION OF TAXI SERVICES 7
P
of Part 8
Application
64. This Part applies only to the administration of taxi services. 9
of taxi services 10
Provision
65. A person administers a taxi service if the person carries on a business 11
in the course of which-- 12
(a) bookings for taxi services are accepted; and 13
(b) taxis are assigned to customers; 14
whether or not the person operates all or some of the taxis used to provide 15
the services. 16
services to be provided only by taxis 17
Taxi
66.(1) If a person who administers a taxi service receives a request for 18
the services of a taxi, the person must not-- 19
(a) provide a vehicle that is not a taxi; or 20
(b) suggest to the person who made the request that the person accept 21
a vehicle that is not a taxi. 22
Maximum penalty--160 penalty units. 23
(2) To meet demand during peak patronage periods, the chief executive 24
may exempt a person from subsection (1). 25
s 67 38 s 71
Transport Operations (Passenger Transport)
may declare that service contracts are required 1
Regulation
67. A regulation may declare that, on and from a day to be fixed by the 2
chief executive by Gazette notice, the administration of taxi services in an 3
area must be performed under a service contract. 4
of taxi service contracts 5
Amendments
68.(1) The chief executive may amend the conditions of a taxi service 6
contract if the chief executive is satisfied that the amendment is necessary to 7
extend services into developing areas or for improvement of services in the 8
public interest. 9
(2) Before making a decision under this section, the chief executive must 10
give the operator written notice of the intended action, and allow the 11
operator a reasonable opportunity to make written representations about the 12
intended action within 10 working days. 13
HAPTER 7--TAXI SERVICE LICENCES 14
C
of taxi service licences 15
Purpose
69. The purpose of taxi service licences is to ensure that the communities 16
served by taxis receive quality and innovative taxi services at a reasonable 17
cost. 18
are taxi service licences? 19
What
70. A "taxi service licence" is a licence issued by the chief executive 20
under which the holder is required to provide a taxi service in an area in a 21
way that meets or exceeds specified performance levels. 22
for taxi service licences 23
Requirement
71. A person must not provide a taxi service using a vehicle unless the 24
s 72 39 s 73
Transport Operations (Passenger Transport)
person has a taxi service licence to provide the service with the vehicle. 1
Maximum penalty--160 penalty units. 2
service areas 3
Taxi
72.(1) This section applies to a taxi service to which a regulation under 4
section 37 (Market entry restrictions) applies. 5
(2) The chief executive may, by public notice, declare a taxi service area. 6
(3) The chief executive may, by public notice, fix the number of taxi 7
service licences for a taxi service area. 8
(4) In fixing the number of taxi service licences for a taxi service area, the 9
chief executive must-- 10
(a) ensure there are enough taxi service licences for the area to meet 11
public demand; and 12
(b) take into account-- 13
(i) the views of users of taxi services in the area; and 14
(ii) recent changes in travel patterns in the area; and 15
(iii) the types of taxi services available in the area; and 16
(iv) the performance of the existing taxi fleet in the area; and 17
(v) the productivity of the fleet. 18
of new taxi service licences 19
Issue
73.(1) Before the chief executive issues a new taxi service licence for a 20
taxi service area, the chief executive must, by public notice, invite offers to 21
purchase the taxi service licence-- 22
(a) stating-- 23
(i) the intention to issue the licence; and 24
(ii) if licences have been previously issued for the area--the 25
most recent prices for which licences have been transferred; 26
and 27
(b) calling for offers for the taxi service licence. 28
s 74 40 s 75
Transport Operations (Passenger Transport)
(2) The chief executive is not obliged to accept any offer for a taxi service 1
licence. 2
of taxi service licences 3
Term
74.(1) A taxi service licence is for a term of 5 years. 4
(2) However, it may be renewed for successive terms of 5 years if its 5
conditions are complied with. 6
(3) The renewal of a taxi service licence may be for a shorter term if the 7
applicant asks for a shorter term. 8
(4) This section does not apply to a taxi service licence issued on a 9
nonrenewable basis. 10
of taxi service licences 11
Conditions
75.(1) A taxi service licence is subject to the conditions stated in it by the 12
chief executive. 13
(2) The conditions of a taxi service licence must-- 14
(a) require the operator to use a particular type of vehicle or a vehicle 15
of a type approved for taxis by the chief executive; and 16
(b) specify the taxi service area to which the taxi service licence 17
applies; and 18
(c) require the operator not to charge more than the maximum fares 19
prescribed by regulation; and 20
(d) require the operator to display a distinctive registration plate on 21
the vehicle distinguishing it as a taxi. 22
(3) The conditions of a taxi service licence may-- 23
(a) require that the operator have access to a continuously operating 24
booking service; and 25
(b) require the operator-- 26
(i) to cooperate with the holder of a taxi service contract; and 27
(ii) to comply with all reasonable requests to provide taxi 28
services made by the holder of the contract; and 29
s 76 41 s 78
Transport Operations (Passenger Transport)
(iii) not to act in a way likely to prevent the holder of the taxi 1
service contract complying with the conditions of the 2
contract; and 3
(c) require the operator to install and maintain stated equipment in 4
taxis; and 5
(d) require that the operator only operate the taxi on a stated day or at 6
stated times; and 7
(e) make other requirements of an operator. 8
(4) The holder of a taxi service licence must not contravene a condition of 9
the licence. 10
Maximum penalty for subsection (4)--40 penalty units. 11
of taxi service licence conditions 12
Amendment
76.(1) A regulation may authorise the chief executive to amend the 13
conditions of a taxi service licence if the chief executive is satisfied the 14
amendment is necessary for improving taxi services in the public interest. 15
(2) A regulation may also authorise the amendment of taxi service 16
licences in other circumstances and make other provision about amending 17
taxi service licences. 18
lease and surrender of taxi service licences 19
Transfer,
77. A regulation may make provision about transferring, leasing or 20
surrendering taxi service licences. 21
of taxi service licences between areas 22
Transfer
78.(1) The chief executive may amend the conditions of a taxi service 23
licence applying to a particular taxi service area so that it applies to another 24
taxi service area if-- 25
(a) the holder of the licence successfully offers for a transfer to the 26
relevant taxi service area following the calling of offers by public 27
notice; or 28
(b) the taxi service areas are amalgamated; or 29
s 79 42 s 80
Transport Operations (Passenger Transport)
(c) the holder of the licence applies for a transfer to the relevant taxi 1
service area. 2
(2) If, in the chief executive's opinion, the value of taxi service licences in 3
the area to which the licence is to be transferred is greater than in the area 4
from which the licence is transferred, the chief executive may require as a 5
condition of the transfer that the operator pay to the chief executive an 6
amount representing the difference in value. 7
(3) This section does not limit the power to make regulations about 8
amending taxi service licences. 9
on number of licences held by single operator and 10
Limitation
associates 11
79. A regulation may make provision about limiting the number of 12
licences held, leased or managed by a single operator (and persons who are, 13
under the regulations, associates of the operator) in a taxi service area. 14
and cancellation of taxi service licences 15
Suspension
80.(1) A regulation may make provision about suspending and 16
cancelling taxi service licences. 17
(2) Without limiting subsection (1), a regulation may authorise the chief 18
executive to suspend or cancel a person's taxi service licence if-- 19
(a) the person contravenes this Act or a condition of the licence; or 20
(b) the person holds, leases or manages more than the maximum 21
allowed number of taxi service licences. 22
(3) Without limiting subsection (1), a regulation may authorise the chief 23
executive to suspend immediately a person's taxi service licence if the chief 24
executive considers it necessary in the public interest. 25
(4) Without limiting subsection (1), if the operator accreditation of the 26
holder of a taxi service licence is suspended or cancelled-- 27
(a) for suspension--the licence is suspended while the accreditation 28
is suspended; or 29
(b) for cancellation--the licence is suspended until it is transferred to 30
an accredited operator. 31
s 81 43 s 85
Transport Operations (Passenger Transport)
subsidy scheme 1
Taxi
81. A regulation may provide a scheme under which the State pays the 2
whole or a part of taxi fares for particular groups. 3
HAPTER 8--LUXURY LIMOUSINE SERVICE 4
C
LICENCES 5
of luxury limousine service licences 6
Purpose
82. The purpose of luxury limousine service licences is to ensure that the 7
communities served under the licences receive luxury quality, unscheduled 8
public passenger services. 9
are luxury limousine service licences? 10
What
83. A "luxury limousine service licence" is a licence issued by the chief 11
executive under which the holder is required to provide a luxury limousine 12
service in an area in a way that meets or exceeds specified performance 13
levels. 14
for luxury limousine service licences 15
Requirement
84. A person must not provide a luxury limousine service using a vehicle 16
unless the person has a luxury limousine service licence to provide the 17
service with the vehicle. 18
Maximum penalty--160 penalty units. 19
limousine service areas 20
Luxury
85. The chief executive may, by public notice, declare a luxury limousine 21
service area. 22
s 86 44 s 88
Transport Operations (Passenger Transport)
limit on number of licences held 1
No
86. There is no limit on the number of luxury limousine service licences 2
a person may hold. 3
of luxury limousine service licence 4
Term
87.(1) A luxury limousine service licence is for a term of 5 years. 5
(2) However, it may be renewed for successive terms of 5 years if its 6
conditions are complied with. 7
(3) The renewal of a luxury limousine service licence may be for a 8
shorter term if the applicant asks for a shorter term. 9
of luxury limousine service licences 10
Conditions
88.(1) A luxury limousine service licence is subject to the conditions 11
stated in it by the chief executive. 12
(2) The conditions of a luxury limousine service licence must-- 13
(a) prohibit the operator from operating a luxury limousine service 14
unless an earlier booking has been made; and 15
(b) require the operator to use a luxury motor vehicle; and 16
(c) specify the luxury limousine service area to which the luxury 17
limousine service licence applies; and 18
(d) require the operator to display a distinctive registration plate on 19
the vehicle distinguishing it as a luxury limousine. 20
(3) The conditions of a luxury limousine licence may-- 21
(a) restrict the operation of the luxury limousine service to particular 22
occasions, including, for example, weddings; or 23
(b) make other requirements of an operator; or 24
(c) allow the operator in specified circumstances to ply for hire from 25
and to specified locations. 26
(4) The holder of a luxury limousine service licence must not contravene 27
a condition of the licence. 28
Maximum penalty for subsection (4)--40 penalty units. 29
s 89 45 s 92
Transport Operations (Passenger Transport)
of luxury limousine service licence conditions 1
Amendment
89.(1) A regulation may authorise the chief executive to amend the 2
conditions of a luxury limousine service licence if the chief executive is 3
satisfied the amendment is necessary for improving luxury limousine 4
services in the public interest. 5
(2) A regulation may also authorise the amendment of luxury limousine 6
service licences in other circumstances and make other provisions about 7
amending luxury limousine service licences. 8
lease and surrender of luxury limousine service licences 9
Transfer,
90. A regulation may make provision about transferring, leasing or 10
surrendering luxury limousine service licences. 11
of luxury limousine service licences between areas 12
Transfer
91.(1) The chief executive may amend the conditions of a luxury 13
limousine service licence applying to a particular luxury limousine service 14
area so that it applies to another luxury limousine service area. 15
(2) This section does not limit the power to make regulations about 16
amending luxury limousine service licences. 17
and cancellation of luxury limousine service licences 18
Suspension
92.(1) A regulation may make provision about suspending and 19
cancelling luxury limousine service licences. 20
(2) Without limiting subsection (1), a regulation may authorise the chief 21
executive to suspend or cancel a person's luxury limousine service licence if 22
the person contravenes this Act or a condition of the licence. 23
(3) Without limiting subsection (1), a regulation may authorise the chief 24
executive to suspend immediately a person's luxury limousine service 25
licence if the chief executive considers it necessary in the public interest. 26
(4) Without limiting subsection (1), if the operator accreditation of the 27
holder of a luxury limousine service licence is suspended or cancelled-- 28
(a) for suspension--the licence is suspended while the accreditation 29
s 93 46 s 95
Transport Operations (Passenger Transport)
is suspended; or 1
(b) for cancellation--the licence is suspended until it is transferred to 2
an accredited operator. 3
CHAPTER 9--STANDARDS 4
aking of standards 5
M
93.(1) The chief executive may make standards under this Act. 6
(2) A standard is subordinate legislation. 7
(3) A standard is not effective until it is approved by the Governor in 8
Council. 9
of proposal to prepare draft standard 10
Notice
94.(1) Before making a standard about a matter, the chief executive must 11
give public notice of a proposal to prepare a draft standard about the matter. 12
(2) The notice must-- 13
(a) invite submissions on the proposal from public authorities, 14
industry, interested groups and persons, and the public; and 15
(b) state where copies of the proposal may be inspected or obtained; 16
and 17
(c) specify a day, not earlier than 14 days from public notice or first 18
public notice of the proposal, by which submissions may be 19
made to the chief executive about the proposal. 20
of draft standard 21
Preparation
95. In preparing the draft standard, the chief executive must ensure the 22
draft standard-- 23
(a) sets out its purposes; and 24
s 96 47 s 98
Transport Operations (Passenger Transport)
(b) takes into account national and international benchmarks and best 1
practices. 2
of draft standard 3
Notice
96.(1) When the draft standard has been prepared, the chief executive 4
must give public notice of the draft standard. 5
(2) The notice must-- 6
(a) invite submissions on the draft standard from public authorities, 7
interested groups and persons, and the public; and 8
(b) state where copies of the draft standard may be inspected or 9
obtained; and 10
(c) specify the day, not earlier than 14 days from public notice or first 11
public notice of the draft standard, by which submissions may be 12
made to the chief executive about the draft standard. 13
of standard 14
Preparation
97. In preparing the standard, the chief executive must have regard to the 15
advice and submissions properly received about the draft standard. 16
standards 17
Interim
98.(1) If the chief executive is satisfied that, for reasons of urgency, it is 18
necessary or desirable to make a standard on an interim basis, the chief 19
executive may make the standard even though the following sections have 20
not been complied with-- 21
· section 94 (Notice of proposal to prepare draft standard) 22
· section 95 (Preparation of draft standard) 23
· section 96 (Notice of draft standard) 24
· section 97 (Preparation of standard). 25
(2) The interim standard must include a sunset provision stating the 26
interim standard expires 6 months after its commencement. 27
s 99 48 s 102
Transport Operations (Passenger Transport)
prevail over standards 1
Regulations
99.(1) If there is an inconsistency between a regulation and a standard, 2
the regulation prevails to the extent of the inconsistency. 3
(2) Subsection (1) applies whether the standard was made before or after 4
the regulation. 5
of standards 6
Review
100.(1) The chief executive must review each standard within 7 years 7
after its approval. 8
(2) The procedures applying to the preparation and approval of standards 9
under this Chapter apply to the review of standards with any necessary 10
changes and any changes prescribed by regulation. 11
to comply with standards 12
Direction
101.(1) If the chief executive is of the opinion that a person has not 13
complied with a standard applying to the person, the chief executive may 14
give the person a written direction to comply with the standard within a 15
specified period (of at least 10 working days). 16
(2) The person must not contravene the direction unless the person has a 17
reasonable excuse for not complying with it. 18
Maximum penalty for subsection (2)--160 penalty units. 19
HAPTER 10--REVIEW OF AND APPEALS 20
C
AGAINST DECISIONS 21
ART 1--REVIEW OF DECISIONS 22
P
may apply for review etc. 23
Who
102.(1) A person whose interests are affected by a decision specified in 24
s 103 49 s 104
Transport Operations (Passenger Transport)
Schedule 2 may apply to the chief executive for a review of the decision. 1
(2) A person who may seek a review of a decision is entitled to receive a 2
statement of reasons for the decision. 3
for review 4
Applying
103.(1) An application by a person for review of a decision must be 5
made within 28 days after notice of the decision was given to the person. 6
(2) However, if-- 7
(a) the notice did not state reasons for the decision; and 8
(b) the person asked for a statement of reasons for the decision 9
within the period mentioned in subsection (1); 10
the person may make the application within 28 days after the person is 11
given the statement of reasons. 12
(3) In addition, the chief executive may extend the period for making an 13
application for review. 14
(4) An application for review must be written and state in detail the 15
grounds on which the applicant seeks review of the decision. 16
of operation of decision etc. 17
Stay
104.(1) If an application is made under this Part for review of a decision, 18
the applicant may immediately apply for a stay of the decision to the court 19
specified opposite to the decision in Schedule 2. 20
(2) The court may stay the decision to secure the effectiveness of the 21
review and any later appeal to the court. 22
(3) A stay-- 23
(a) may be given on conditions the court considers appropriate; and 24
(b) operates for the period specified by the court; and 25
(c) may be revoked or amended by the court. 26
(4) The period of a stay under this section must not extend past the time 27
when the chief executive reviews the decision and any later period the court 28
allows the applicant to enable the applicant to appeal against the chief 29
s 105 50 s 107
Transport Operations (Passenger Transport)
executive's decision. 1
(5) The making of an application under this Part for review of a decision 2
affects the decision, or the carrying out of the decision, only if the decision 3
is stayed. 4
to review panel 5
Reference
105.(1) If an application is made under this Part for review of a decision, 6
the chief executive must refer the application to a review panel for advice. 7
(2) However, the chief executive need not refer an application to a review 8
panel if the chief executive is of the opinion the application is frivolous or 9
vexatious. 10
panels 11
Review
106.(1) The chief executive may establish review panels for the purposes 12
of this Part. 13
(2) A review panel consists of persons nominated by the chief executive. 14
(3) Each review panel must include-- 15
(a) at least 1 representative of the department; and 16
(b) at least 1 representative of the relevant part of the passenger 17
transport industry, an interested union or both; and 18
(c) at least 1 independent representative. 19
(4) A regulation may make provision about review panels, including the 20
conduct of their proceedings and the making of recommendations by them. 21
of application by review panel 22
Consideration
107.(1) If an application made under this Part for review of a decision is 23
referred to a review panel, the panel must allow the applicant an opportunity 24
to make representations to the panel. 25
(2) After considering the representations of the applicant, the review 26
panel must make a recommendation to the chief executive on whether the 27
decision should be confirmed, amended or cancelled. 28
s 108 51 s 110
Transport Operations (Passenger Transport)
on reconsideration 1
Decision
108.(1) After considering the review panel's recommendation, the chief 2
executive may confirm the decision, amend the decision or substitute a new 3
decision. 4
(2) The chief executive must immediately give the applicant written 5
notice of the chief executive's decision. 6
(3) If the decision is not the decision sought by the applicant, the notice 7
must state-- 8
(a) the reasons for the decision; and 9
(b) that the applicant may appeal against the decision to a specified 10
court within 28 days. 11
PART 2--APPEALS 12
may make an appeal 13
Who
109. A person whose interests are affected by a decision of the chief 14
executive under section 108 (Decision on reconsideration) may appeal 15
against the decision to the court specified in Schedule 2 opposite to the 16
reference to the decision that was reviewed. 17
appeals 18
Making
110.(1) An appeal under this Part against a decision of the chief executive 19
must be made within 28 days after the notice of the decision was given to 20
the person. 21
(2) However, if-- 22
(a) the notice did not state reasons for the decision; and 23
(b) the person asked for a statement of reasons for the decision 24
within the period mentioned in subsection (1); 25
the person may make the application within 28 days after the person is 26
given the statement of reasons. 27
s 111 52 s 112
Transport Operations (Passenger Transport)
(3) In addition, the court may extend the period for making an appeal. 1
(4) Sections 17 to 23 of the Transport Planning and Coordination 2
Act 1994 apply to an appeal. 3
HAPTER 11--ENFORCEMENT 4
C
ART 1--AUTHORISED PERSONS 5
P
of authorised persons etc. 6
Appointment
111.(1) The chief executive may appoint any of the following persons as 7
authorised persons-- 8
(a) officers and employees of the public service; 9
(b) police officers; 10
(c) other persons prescribed by regulation. 11
(2) The chief executive may appoint a person (other than a police officer) 12
as an authorised person only if-- 13
(a) in the chief executive's opinion, the person has the necessary 14
expertise or experience to be an authorised person; or 15
(b) the person has satisfactorily finished training approved by the 16
chief executive. 17
(3) The chief executive may restrict an authorised person's powers by 18
written notice given to the person. 19
cards 20
Identity
112.(1) The chief executive must issue an identity card to each authorised 21
person. 22
(2) The identity card must-- 23
s 113 53 s 114
Transport Operations (Passenger Transport)
(a) contain a recent photograph of the authorised person; and 1
(b) be signed by the authorised person; and 2
(c) identify the person as an authorised person; and 3
(d) include an expiry date. 4
(3) A person who ceases to be an authorised person must, as soon as 5
practicable, return the identity card to the chief executive, unless the person 6
has a reasonable excuse for not returning it. 7
Maximum penalty--10 penalty units. 8
(4) This section does not apply to an authorised person who is a police 9
officer. 10
(5) Nothing in this section prevents the issue of a single identity card to a 11
person for this Act and other Acts. 12
or display of authorised person's identity card 13
Production
113.(1) An authorised person (other than a police officer in uniform) 14
may exercise a power in relation to someone else only if the person-- 15
(a) first produces his or her identity card for the person's inspection; 16
or 17
(b) has his or her identity card displayed so that it is clearly visible to 18
the person. 19
(2) However, if for any reason, it is not practicable to comply with 20
subsection (1), the authorised person must produce the identity card for 21
inspection by the person at the first reasonable opportunity. 22
of authorised persons 23
Powers
114.(1) An authorised person has the powers given under this or another 24
Act. 25
(2) A regulation may limit the powers of authorised persons. 26
s 115 54 s 116
Transport Operations (Passenger Transport)
from liability 1
Protection
115.(1) This section applies to-- 2
(a) an authorised person; and 3
(b) a person acting under the direction of an authorised person. 4
(2) A person does not incur civil liability for an act done, or omission 5
made, honestly and without negligence under this Act. 6
(3) If subsection (2) prevents a civil liability attaching to a person, the 7
liability attaches instead to the State. 8
PART 2--POWERS OF AUTHORISED PERSONS IN 9
RELATION TO PLACES AND VEHICLES 10
of place 11
Entry
116. An authorised person may enter a place if-- 12
(a) its occupier consents to the entry or the purpose of the entry is to 13
get the occupier's consent; or 14
(b) it is a public place and the entry is made when it is open to the 15
public; or 16
(c) it is mentioned in an accreditation, authorisation, contract or 17
licence under this Act as a place of business, or another place, 18
required to be open to inspection and the entry is made when the 19
place is-- 20
(i) open for the conduct of business or otherwise open for 21
entry; or 22
(ii) required under the accreditation, authorisation, contract or 23
licence to be open for inspection; or 24
(d) the entry is authorised by a warrant. 25
s 117 55 s 118
Transport Operations (Passenger Transport)
1
Warrants
117.(1) An authorised person may apply to a Magistrate for a warrant for 2
a place. 3
(2) An application must be sworn and state the grounds on which the 4
warrant is sought. 5
(3) The Magistrate may refuse to consider the application until the 6
authorised person gives the Magistrate all the information the Magistrate 7
requires about the application in the way the Magistrate requires. 8
9
Example--
10
The Magistrate may require additional information supporting the application to
11
be given by statutory declaration.
(4) The Magistrate may issue a warrant only if the Magistrate is satisfied 12
there are reasonable grounds for suspecting-- 13
(a) there is a particular thing or activity (the "evidence") that may 14
provide evidence of the commission of an offence against this 15
Act; and 16
(b) the evidence is, or may be within the next 7 days, at the place. 17
(5) The warrant must state-- 18
(a) that the authorised person may, with necessary and reasonable 19
help and force, enter the place and exercise the authorised 20
person's powers under this Act; and 21
(b) the evidence for which the warrant is issued; and 22
(c) the hours of the day when entry may be made; and 23
(d) the day (within 14 days after the warrant's issue) when the 24
warrant ends. 25
(6) The Magistrate must record the reasons for issuing the warrant. 26
made otherwise than in person 27
Warrants--applications
118.(1) An authorised person may apply for a warrant by phone, fax, 28
radio or another form of communication if the authorised person considers 29
it necessary because of-- 30
(a) urgent circumstances; or 31
s 118 56 s 118
Transport Operations (Passenger Transport)
(b) other special circumstances, including, for example, the 1
authorised person's remote location. 2
(2) Before applying for the warrant, the authorised person must prepare 3
an application stating the grounds on which the warrant is sought. 4
(3) The authorised person may apply for the warrant before the 5
application is sworn. 6
(4) After issuing the warrant, the Magistrate must immediately fax a 7
copy to the authorised person if it is reasonably practicable to fax the copy. 8
(5) If it is not reasonably practicable to fax a copy of the warrant to the 9
authorised person-- 10
(a) the Magistrate must-- 11
(i) tell the authorised person what the terms of the warrant are; 12
and 13
(ii) tell the authorised person the date and time the warrant was 14
signed; and 15
(iii) record on the warrant the reasons for issuing the warrant; 16
and 17
(b) the authorised person must write on a form of warrant ("warrant 18
form")-- 19
(i) the Magistrate's name; and 20
(ii) the date and time the Magistrate signed the warrant; and 21
(iii) the warrant's terms. 22
(6) The facsimile warrant, or the warrant form properly completed by the 23
authorised person, authorises the entry and the exercise of the other powers 24
authorised by the warrant issued by the Magistrate. 25
(7) The authorised person must, at the first reasonable opportunity, send 26
to the Magistrate-- 27
(a) the sworn application; and 28
(b) if a warrant form was completed by the authorised person--the 29
completed warrant form. 30
(8) On receiving the documents, the Magistrate must attach them to the 31
warrant. 32
s 119 57 s 119
Transport Operations (Passenger Transport)
(9) Unless the contrary is proved, a court must presume that a power 1
exercised by an authorised person was not authorised by a warrant issued 2
under this section if-- 3
(a) a question arises, in a proceeding before the court, whether the 4
exercise of power was authorised by a warrant; and 5
(b) the warrant is not produced in evidence. 6
or boarding of vehicles 7
Entry
119.(1) An authorised person may enter or board a vehicle if the 8
authorised person has reasonable grounds for suspecting-- 9
(a) the vehicle is being, or has been, used in the commission of an 10
offence against this Act; or 11
(b) the vehicle, or a thing in or on the vehicle, may provide evidence 12
of the commission of an offence against this Act. 13
(2) If the vehicle is moving or about to move, the authorised person may 14
signal the person in control of the vehicle to stop the vehicle or not to move 15
it. 16
(3) To enable the vehicle to be entered or boarded, the authorised person 17
may-- 18
(a) act with necessary and reasonable help and force; and 19
(b) require the person in control of the vehicle to give reasonable help 20
to the authorised person. 21
(4) A person must obey a signal under subsection (2), unless the person 22
has a reasonable excuse for disobeying it. 23
Maximum penalty--40 penalty units. 24
(5) A person must comply with a requirement under subsection (3)(b), 25
unless the person has a reasonable excuse for not complying with it. 26
Maximum penalty--40 penalty units. 27
(6) It is a reasonable excuse for a person to disobey a signal under 28
subsection (2) if-- 29
(a) the person reasonably believes that to obey the signal immediately 30
would have endangered the person, someone else or the vehicle; 31
s 120 58 s 120
Transport Operations (Passenger Transport)
and 1
(b) the person obeys the signal as soon as it is practicable to obey it. 2
powers in relation to places and vehicles 3
General
120.(1) An authorised person who enters a place, or enters or boards a 4
vehicle, under this Chapter may-- 5
(a) search any part of the place or vehicle; or 6
(b) inspect, photograph or film anything in or on the place or vehicle; 7
or 8
(c) take samples of or from anything in or on the place or vehicle; or 9
(d) take extracts from, or make copies of, a document in or on the 10
place of vehicle; or 11
(e) take into or onto the place or vehicle any persons, equipment and 12
materials the authorised person reasonably requires for exercising 13
a power under this Act; or 14
(f) require the occupier of the place, or a person in or on the place or 15
vehicle, to give the authorised person reasonable help to exercise 16
the powers mentioned in paragraphs (a) to (e); or 17
(g) if the authorised person enters or boards a vehicle--by written 18
notice given to the person in control of the vehicle, require the 19
person-- 20
(i) to take the vehicle to a stated reasonable place by a stated 21
reasonable time; and 22
(ii) if necessary, to remain in control of the vehicle at the place 23
for a reasonable time; 24
to enable an authorised person to exercise the powers mentioned 25
in paragraphs (a) to (e). 26
(2) A person who is required to give reasonable help under 27
subsection (1)(f) must comply with the requirement, unless the person has 28
a reasonable excuse. 29
Maximum penalty--40 penalty units. 30
(3) If the requirement is to be complied with by the person by-- 31
s 121 59 s 121
Transport Operations (Passenger Transport)
(a) giving information; or 1
(b) producing a document (other than a document required to be kept 2
by the person under this Act); 3
it is a reasonable excuse for the person to fail to comply with the 4
requirement if complying with the requirement might tend to incriminate 5
the person. 6
(4) A person who is required by an authorised person under 7
subsection (1)(g) to take action in relation to a vehicle must comply with the 8
requirement, unless the person has a reasonable excuse for not complying 9
with it. 10
Maximum penalty--40 penalty units. 11
(5) If, for any reason, it is not practicable to make a requirement under 12
subsection (1)(g) by written notice, the requirement may be made orally and 13
confirmed by written notice as soon as practicable. 14
(6) Nothing in this section prevents an authorised person making a 15
further requirement under subsection (1)(g) of the same person or another 16
person in relation to the same vehicle if it is necessary and reasonable to 17
make the further requirement. 18
(7) An authorised person may not enter a part of a vehicle used only as a 19
living area, or exercise a power under subsection (1)(a) to (e) in relation to 20
that part, unless the authorised person is accompanied by the person in 21
control of the vehicle. 22
(8) Subsection (7) does not apply if the person in control of the vehicle is 23
unavailable or unwilling to accompany the authorised person or the 24
authorised person is unable for another reason to comply with the 25
subsection. 26
(9) This section does not apply to an authorised person who enters a 27
place to get the occupier's consent unless the consent is given or the entry is 28
otherwise authorised. 29
to seize evidence 30
Power
121.(1) An authorised person who enters a place under this Part with a 31
warrant may seize the evidence for which the warrant was issued. 32
s 122 60 s 122
Transport Operations (Passenger Transport)
(2) An authorised person who enters a place under this Part with the 1
occupier's consent may seize the particular thing for which the entry was 2
made if the authorised person believes on reasonable grounds the thing is 3
evidence of an offence this Act. 4
(3) An authorised person who enters a place under this Part with a 5
warrant or with the occupier's consent may also seize another thing if the 6
authorised person believes on reasonable grounds-- 7
(a) the thing is evidence of an offence against this Act; and 8
(b) the seizure is necessary to prevent the thing being-- 9
(i) concealed, lost or destroyed; or 10
(ii) used to commit, continue or repeat the offence. 11
(4) An authorised person who enters a place under this Part other than 12
with a warrant or with the occupier's consent, or who enters or boards a 13
vehicle, may seize a thing if the authorised person believes on reasonable 14
grounds-- 15
(a) the thing is evidence of an offence against this Act; and 16
(b) the seizure is necessary to prevent the thing being-- 17
(i) concealed, lost or destroyed; or 18
(ii) used to commit, continue or repeat the offence. 19
after thing seized 20
Procedure
122.(1) As soon as practicable after a thing is seized by an authorised 21
person under this Part, the authorised person must give a receipt for it to the 22
person from whom it was seized. 23
(2) The receipt must describe generally each thing seized and its 24
condition. 25
(3) If, for any reason, it is not practicable to comply with subsection (1), 26
the authorised person must-- 27
(a) leave the receipt at the place of seizure; and 28
(b) ensure the receipt is left in a reasonably secure way and in a 29
conspicuous position. 30
s 123 61 s 123
Transport Operations (Passenger Transport)
(4) The authorised person must return the seized thing to its owner at the 1
end of-- 2
(a) 6 months; or 3
(b) if a prosecution for an offence involving it is started within the 4
6 months--the prosecution for the offence and any appeal from 5
the prosecution. 6
(5) Despite subsection (4), the authorised person must return the seized 7
thing to its owner immediately the authorised person stops being satisfied 8
its retention as evidence is necessary. 9
(6) However, the authorised person may keep the seized thing if the 10
authorised person believes, on reasonable grounds, it is necessary to 11
continue to keep it to prevent its use in committing an offence. 12
ART 3--OTHER ENFORCEMENT POWERS OF 13
P
AUTHORISED PERSONS 14
to require name and address 15
Power
123.(1) An authorised person may require a person to state the person's 16
name and address if the authorised person-- 17
(a) finds the person committing an offence against this Act; or 18
(b) finds the person in circumstances that lead, or has information 19
that leads, the authorised person to suspect, on reasonable 20
grounds the person just committed an offence against this Act. 21
(2) When making the requirement, the authorised person must warn the 22
person it is an offence to fail to state the person's name and address, unless 23
the person has a reasonable excuse. 24
(3) The authorised person may require the person to give evidence of the 25
correctness of the person's stated name or address if the authorised person 26
suspects, on reasonable grounds, that the stated name or address is false. 27
(4) A person must comply with a requirement under subsection (1) or 28
(3), unless the person has a reasonable excuse for not complying with it. 29
s 124 62 s 124
Transport Operations (Passenger Transport)
Maximum penalty--40 penalty units. 1
(5) A police officer may arrest a person without a warrant if the police 2
officer believes on reasonable grounds that-- 3
(a) the person has just committed an offence against subsection (1) 4
or (3); and 5
(b) proceedings by way of complaint and summons against the 6
person would be ineffective. 7
(6) The person does not commit an offence against this section if-- 8
(a) the authorised person required the person to state the person's 9
name and address on suspicion of the person having committed 10
an offence against this Act; and 11
(b) the person is not proved to have committed the offence. 12
to require information from certain persons 13
Power
124.(1) This section applies if an authorised person suspects on 14
reasonable grounds-- 15
(a) an offence against this Act has been committed; and 16
(b) the offence relates to the operation, maintenance or repair of a 17
public passenger vehicle; and 18
(c) a person may be able to give information about the offence. 19
(2) The authorised person may require the person to give information 20
about the offence. 21
(3) When making the requirement, the authorised person must warn the 22
person it is an offence to fail to give the information, unless the person has a 23
reasonable excuse. 24
(4) The person must comply with the requirement, unless the person has 25
a reasonable excuse for not complying with it. 26
Maximum penalty--40 penalty units. 27
(5) It is a reasonable excuse for the person to fail to give information if 28
giving it might tend to incriminate the person. 29
(6) The person does not commit an offence against this section if the 30
s 125 63 s 126
Transport Operations (Passenger Transport)
information sought by the authorised person is not in fact relevant to the 1
offence. 2
to require production of certain documents 3
Power
125.(1) An authorised person may require a person who holds, or claims 4
to hold, an accreditation, authorisation, licence or contract under this Act to 5
produce it. 6
(2) The person must produce the document for inspection, unless the 7
person has a reasonable excuse for not producing it. 8
Maximum penalty--40 penalty units. 9
(3) The authorised person may keep the document to take an extract from 10
it or make a copy of it. 11
(4) The authorised person must return the document to the person as 12
soon as practicable after taking the extract or making the copy. 13
ART 4--OTHER ENFORCEMENT MATTERS 14
P
or misleading information 15
False
126.(1) A person must not-- 16
(a) state anything to the chief executive, an authorised person or a 17
review panel the person knows is false or misleading in a material 18
particular; or 19
(b) omit from a statement made to the chief executive, an authorised 20
person or a review panel anything without which the statement is, 21
to the person's knowledge, misleading in a material particular. 22
Maximum penalty--60 penalty units. 23
(2) A complaint against a person for an offence against subsection (1)(a) 24
or (b) is sufficient if it states that the statement made was false or 25
misleading to the person's knowledge. 26
s 127 64 s 128
Transport Operations (Passenger Transport)
misleading or incomplete documents 1
False,
127.(1) A person must not give to the chief executive, an authorised 2
person or a review panel a document containing information the person 3
knows is false, misleading or incomplete in a material particular. 4
Maximum penalty--60 penalty units. 5
(2) Subsection (1) does not apply to a person who, when giving the 6
document to the chief executive, authorised person or review panel-- 7
(a) informs the chief executive, authorised person or review panel, to 8
the best of the person's ability, how it is false, misleading or 9
incomplete; and 10
(b) gives the correct information to the chief executive, authorised 11
person or review panel if the person has, or can reasonably 12
obtain, the correct information. 13
(3) A complaint against a person for an offence against subsection (1) is 14
sufficient if it states that the statement made was false, misleading or 15
incomplete to the person's knowledge. 16
17
Compensation
128.(1) A person may claim compensation from the State if the person 18
incurs loss or expense because of the exercise or purported exercise of a 19
power under this Chapter, including, for example, in complying with a 20
requirement made of the person under this Chapter. 21
(2) Payment of compensation may be claimed and ordered in a 22
proceeding for-- 23
(a) compensation brought in a court of competent jurisdiction for the 24
recovery of compensation; or 25
(b) an offence against this Act brought against the person by whom 26
the claim is made. 27
(3) A court may order the payment of compensation for the loss or 28
expense only if it is satisfied it is just to make the order in the circumstances 29
of the particular case. 30
s 129 65 s 130
Transport Operations (Passenger Transport)
person to give notice of damage 1
Authorised
129.(1) An authorised person who, in the exercise, or purported exercise, 2
of a power under this Chapter, damages anything must immediately give 3
written notice of the particulars of the damage. 4
(2) The notice must be given to the person who appears to the authorised 5
person to be the owner of the thing. 6
(3) If, for any reason, it is not practicable to comply with subsection (2), 7
the authorised person must-- 8
(a) leave the notice at the place where the damage happened; and 9
(b) ensure the notice is left in a reasonably secure way and in a 10
conspicuous position. 11
(4) In this section-- 12
"owner" of a thing includes the person in possession or control of the 13
thing. 14
to entry by an authorised person 15
Consent
130.(1) This section applies if the authorised person intends to seek the 16
consent of an occupier of a place to an authorised person entering the place 17
under this Chapter. 18
(2) Before seeking the consent, the authorised person must inform the 19
occupier-- 20
(a) of the purpose of the entry; and 21
(b) that anything found and seized may be used in evidence in court; 22
and 23
(c) that the occupier is not required to consent. 24
(3) If the consent is given, the authorised person may ask the occupier to 25
sign an acknowledgment of the consent. 26
(4) The acknowledgment must-- 27
(a) state the occupier was informed-- 28
(i) of the purpose of the entry; and 29
(ii) that anything found and seized may be used in evidence in 30
s 131 66 s 133
Transport Operations (Passenger Transport)
court; and 1
(iii) that the occupier was not required to consent; and 2
(b) state the occupier gave the authorised person consent under this 3
Chapter to enter the place and exercise powers under this Chapter. 4
(5) If the occupier signs an acknowledgment of consent, the authorised 5
person must immediately give a copy to the occupier. 6
of authorised person 7
Obstruction
131. A person must not obstruct an authorised person in the exercise of a 8
power, unless the person has a reasonable excuse. 9
Maximum penalty--60 penalty units. 10
of authorised person 11
Impersonation
132. A person must not pretend to be an authorised person. 12
Maximum penalty--80 penalty units. 13
HAPTER 12--MISCELLANEOUS 14
C
arrangements for pupils 15
Transport
133.(1) The chief executive may make arrangements for the transport of 16
pupils to and from schools or other educational establishments. 17
(2) Without limiting the scope of arrangements, arrangements may 18
include-- 19
(a) arrangements for transporting pupils with or without charge 20
between their homes and their educational establishments; and 21
(b) arrangements for paying all or part of pupils' reasonable travel 22
expenses. 23
s 134 67 s 134
Transport Operations (Passenger Transport)
of certain decisions by local governments on public passenger 1
Impact
transport 2
134.(1) A local government must obtain the chief executive's written 3
approval if it intends to-- 4
(a) approve a subdivision, rezoning or development of land; or 5
(b) carry out road works on a local government road or make 6
changes to the management of a local government road; 7
and the approval or the works or changes would have a significant adverse 8
impact on the provision of public passenger transport. 9
(2) The chief executive may make guidelines to which local governments 10
must have regard in deciding whether an approval of the chief executive is 11
required under subsection (1). 12
(3) An approval by the chief executive under subsection (1) may be 13
subject to conditions consistent with the Local Government (Planning and 14
Environment) Act 1990, including, for example, a condition that-- 15
(a) consideration, whether monetary or otherwise, be given to 16
compensate the chief executive in taking action to rectify the 17
impact the subdivision, rezoning, development, road works or 18
changes will have; or 19
(b) action be taken to rectify the impact the subdivision, rezoning, 20
development, road works or changes will have. 21
(4) Subsection (1) does not apply if the conditions applied and enforced 22
by the local government for the subdivision, rezoning, development, road 23
works or changes comply with permission criteria fixed by the chief 24
executive. 25
(5) The permission criteria may include conditions consistent with the 26
Local Government (Planning and Environment) Act 1990, including, for 27
example, a condition that-- 28
(a) consideration, whether monetary or otherwise, be given to 29
compensate the chief executive in taking action to rectify the 30
impact the subdivision, rezoning, development, road works or 31
changes will have; or 32
(b) action be taken to rectify the impact the subdivision, rezoning, 33
development, road works or changes will have. 34
s 135 68 s 135
Transport Operations (Passenger Transport)
(6) A local government must comply with conditions applying to it 1
under this section. 2
(7) A failure by a local government to obtain an approval under 3
subsection (1) for a subdivision, rezoning or development of land does not 4
invalidate the local government's approval. 5
(8) An application for approval by the chief executive under 6
subsection (1) must be dealt with-- 7
(a) within 21 days after it is received; or 8
(b) within a longer period notified to the local government by the 9
chief executive within the 21 day period. 10
(9) If-- 11
(a) a local government applies for an approval under subsection (1); 12
and 13
(b) the chief executive does not respond to the application within 14
21 days after receiving it; 15
the chief executive is taken to have given approval at the end of the 21 days. 16
of decisions of Planning and Environment Court 17
Effect
135.(1) If-- 18
(a) an approval under section 134(1) is subject to conditions; and 19
(b) a local government imposes conditions on the subdivision, 20
rezoning, development, road works or changes to which the 21
approval relates; and 22
(c) the Planning and Environment Court amends the conditions 23
mentioned in paragraph (b); 24
then, to the extent to which the amendment relates to the conditions of the 25
approval under section 134(1), the conditions of the approval are taken to be 26
amended accordingly. 27
(2) If-- 28
(a) there are permission criteria relevant to a subdivision, rezoning, 29
development, road works or changes mentioned in section 134; 30
and 31
s 136 69 s 138
Transport Operations (Passenger Transport)
(b) a local government imposes conditions on the subdivision, 1
rezoning, development, road works or changes; and 2
(c) the Planning and Environment Court amends the conditions 3
mentioned in paragraph (b); 4
then, to the extent to which the amendment relates to the permission criteria, 5
the permission criteria are taken to be amended accordingly in their 6
application to the subdivision, rezoning, development, road works or 7
changes. 8
management 9
Demand
136. The Minister may authorise a local government to carry out demand 10
management measures to encourage the use of public passenger transport. 11
about person's suitability to hold accreditation or 12
Inquiries
authorisation 13
137.(1) The chief executive may make inquiries about a person to help in 14
deciding whether-- 15
(a) the person is a suitable person to hold, or continue to hold, 16
operator accreditation; or 17
(b) the person or another person of whom the person is a partner is a 18
suitable person to hold, or continue to hold, operator accreditation; 19
or 20
(c) a corporation of which the person is an executive officer is a 21
suitable person to hold, or continue to hold, operator accreditation. 22
(2) If asked by the chief executive, the Commissioner of the Police 23
Service must give the chief executive a written report about the person's 24
criminal history. 25
(3) Subsection (2) applies to the criminal history in the Commissioner's 26
possession or to which the Commissioner has access. 27
of dishonesty 28
Offences
138.(1) A person must not obtain an accreditation, authorisation, contract 29
s 139 70 s 139
Transport Operations (Passenger Transport)
or licence under this Act by intentionally or recklessly making a false 1
representation. 2
Maximum penalty--60 penalty units. 3
(2) A person must not forge an accreditation, authorisation, contract or 4
licence under this Act. 5
Maximum penalty--60 penalty units. 6
(3) A person must not intentionally or recklessly obtain, or help someone 7
else obtain, a financial benefit under this Act to which the person is not 8
entitled. 9
Maximum penalty--60 penalty units. 10
(4) A person must not-- 11
(a) use an accreditation, authorisation, contract or licence under this 12
Act fraudulently; or 13
(b) permit the fraudulent use by someone else of an accreditation, 14
authorisation, contract or licence under this Act. 15
Maximum penalty--60 penalty units. 16
and evidence from records 17
Records
139.(1) The chief executive must keep records of the grant, refusal to 18
grant, amendment, suspension and cancellation of accreditations, 19
authorisations, contracts and licences under this Act. 20
(2) A certificate apparently signed by a delegate of the chief executive and 21
stating any of the following matters is evidence of the matter-- 22
(a) that a person mentioned in the certificate held or did not hold an 23
accreditation, authorisation, contract or licence of a stated kind on 24
a day or throughout a period mentioned in the certificate; 25
(b) the conditions of an accreditation, authorisation, contract or 26
licence held by a named person under this Act on a day or 27
throughout a period mentioned in the certificate; 28
(c) that a person did not give a stated notice to the chief executive. 29
s 140 71 s 142
Transport Operations (Passenger Transport)
for offences 1
Proceedings
140.(1) An offence against this Act is a summary offence. 2
(2) A proceeding for an offence must start-- 3
(a) within 1 year after the offence is committed; or 4
(b) within 6 months after the offence comes to the complainant's 5
knowledge, but within 2 years after the offence is committed. 6
to commit offence 7
Attempt
141.(1) A person must not attempt to commit an offence against this 8
Act. 9
Maximum penalty--half the maximum penalty for committing the offence. 10
(2) Section 4 (Attempts to commit offences) of the Criminal Code 11
applies to subsection (1). 12
13
Regulations
142.(1) The Governor in Council may make regulations under this Act. 14
(2) A regulation may be made prescribing offences for a contravention of 15
a regulation and fixing a maximum penalty of not more than 80 penalty 16
units for the contravention. 17
(3) A regulation may-- 18
(a) prescribe fees and charges payable for the issue of instruments or 19
doing other things under this Act; or 20
(b) make provision about the safety of public passenger services and 21
issues affecting the safety of the services; or 22
(c) relate to fares charged for the use of public passenger services; or 23
(d) make provision about the rights and obligations of passengers 24
and drivers of public passenger vehicles; or 25
(e) specify the requirements for operator accreditation or driver 26
authorisation; or 27
(f) provide for the funding or operation of public passenger services 28
and issues affecting the services; or 29
s 143 72 s 145
Transport Operations (Passenger Transport)
(g) specify requirements for public passenger vehicles or for 1
equipment for public passenger vehicles; or 2
(h) require the collection, maintenance, retention or production of 3
records. 4
HAPTER 13--AMENDMENTS, REPEALS AND 5
C
TRANSITIONAL PROVISIONS 6
ART 1--AMENDMENTS AND REPEALS 7
P
3 8
Amendments--Sch
143. Schedule 3 amends the Acts mentioned in it. 9
4 10
Repeals--Sch
144. The Acts mentioned in Schedule 4 are repealed. 11
ART 2--SAVINGS AND TRANSITIONAL 12
P
of Judicial Review Act to certain transitional decisions 13
Application
145.(1) Section 29(2) and (3) of the Judicial Review Act 19913 do not 14
apply to a decision of the chief executive-- 15
(a) made under this Chapter; or 16
(b) to cancel, suspend, grant or refuse to renew a licence, permit, 17
3 Section 29(2) and (3) deals with the stay of decisions.
s 146 73 s 147
Transport Operations (Passenger Transport)
contract or other authority under-- 1
(i) a provision of the State Transport Act 1960 that continues to 2
have effect under this Chapter; or 3
(ii) the Urban Public Passenger Transport Act 1984; or 4
(c) to declare that a service contract is required to provide the public 5
passenger services for a specified area or route;4 or 6
(d) to refuse to grant the initial service contract under Chapter 6 for an 7
area or route. 8
(2) This section expires 3 years after it commences. 9
not recoverable for certain decisions 10
Compensation
146.(1) To remove any doubt, compensation is not recoverable from 11
anyone (including the chief executive and the State)-- 12
(a) for or in relation to a decision mentioned in section 145(1) 13
(Application of Judicial Review Act to certain transitional 14
decisions); or 15
(b) because the application of this Part to a licence, permit, contract, 16
subsidy or other payment. 17
(2) This section expires 3 years after it commences. 18
(3) Section 20A of the Acts Interpretation Act 1954 applies to this 19
section. 20
application of s 77 of State Transport Act to certain 21
Continued
decisions etc. 22
147.(1) Despite the repeal of provisions of the State Transport Act 1960, 23
section 77 of the Act continues to have effect for a decision mentioned in 24
section 145(1) (Application of Judicial Review Act to certain transitional 25
decisions). 26
(2) This section expires 3 years after it commences. 27
4 Declarations are made under section 43.
s 148 74 s 148
Transport Operations (Passenger Transport)
(3) Section 20A of the Acts Interpretation Act 1954 applies to this 1
section. 2
of scheduled passenger services 3
Operators
148.(1) This section applies to a scheduled passenger service by road 4
that-- 5
(a) was being provided under Part 4 or 5 of the State Transport Act 6
1960 for an area or route immediately before the commencement; 7
and 8
(b) falls within the definition "scheduled passenger service" in the 9
dictionary to this Act. 10
(2) Despite the repeal of provisions of the State Transport Act 1960, 11
Parts 4 and 5 of the Act continue to apply to the service. 12
(3) If a licence under Part 4 of the State Transport Act 1960 expires, it 13
may be renewed until the end of 2 years after the commencement. 14
(4) If a permit under Part 5 of the State Transport Act 1960 expires, 15
another permit with similar provisions may be issued under that Part to 16
expire no later than 2 years after the commencement. 17
(5) A licence or permit issued under Part 4 or 5 the State Transport 18
Act 1960 terminates-- 19
(a) at the end of its term; or 20
(b) if the chief executive enters into a new service contract for the 21
provision of public passenger services of that kind for the area or 22
route; or 23
(c) if the chief executive enters into a new service contract for the 24
provision of public passenger services of that kind for part of the 25
area or route and the chief executive notifies the operator in 26
writing that this section ceases to apply; or 27
(d) at the end of 2 years after the commencement; 28
whichever happens first. 29
(6) This section expires 2 years after the commencement. 30
s 149 75 s 149
Transport Operations (Passenger Transport)
to provide scheduled urban bus services 1
Contracts
149.(1) This section applies to scheduled urban bus services for an area 2
or route that were, at the commencement, the subject of a contract between 3
the corporation sole established under section 10 of the Urban Public 4
Passenger Transport Act 1984 and the operator of the services. 5
(2) Section 148 (Operators of scheduled passenger services) of this Act 6
does not apply to the services to which this section applies. 7
(3) Despite the repeal of provisions of the State Transport Act 1960, 8
Parts 4 and 5 of the Act continue to apply to the services. 9
(4) If a licence for the services under Part 4 of the State Transport 10
Act 1960 expires, it may be renewed until-- 11
(a) the end of the term of the contract (not including any renewal); or 12
(b) the contract is terminated; or 13
(c) the parties agree to renegotiate the contract; or 14
(d) the parties agree to enter into a service contract under Chapter 6 15
for the area or route to which the licence applied, or for part of the 16
area or route; 17
whichever happens first. 18
(5) If a permit under Part 5 of the State Transport Act 1960 expires, 19
another permit with similar provisions may be issued under that Part to 20
expire no later than-- 21
(a) the end of the term of the contract (not including any renewal); or 22
(b) the contract is terminated; or 23
(c) the parties agree to renegotiate the contract; or 24
(d) the parties agree to enter into a service contract under Chapter 6 25
for the area or route to which the permit applied, or for part of the 26
area or route; 27
whichever happens first. 28
(6) A contract entered under section 10 of the Urban Public Passenger 29
Transport Act 1984, or a licence or permit under Part 4 or 5 of the State 30
Transport Act 1960, terminates-- 31
(a) at the end of its term; or 32
s 150 76 s 150
Transport Operations (Passenger Transport)
(b) if the chief executive enters into a new service contract for the 1
provision of public passenger services of that kind for the area or 2
route; or 3
(c) if the chief executive enters into a new service contract for the 4
provision of public passenger services of that kind for part of the 5
area or route and the chief executive notifies the operator in 6
writing that this section ceases to apply; or 7
(d) at the end of 2 years after the commencement; 8
whichever happens first. 9
(7) This section expires 2 years after the commencement. 10
for school transport--fixed term contracts 11
Arrangements
150.(1) This section applies to a school transport service that was being 12
provided immediately before the commencement by an operator for an area 13
or route under an arrangement under Part 9A of the State Transport 14
Act 1960 between the State and the operator that was entered into for a fixed 15
term. 16
(2) The chief executive is taken to have declared, under section 43 17
(Declaration that service contracts are required), that a service contract is 18
required to provide the service. 19
(3) The operator is taken to have entered into a service contract under 20
Chapter 6 with the chief executive in the same terms as the existing 21
arrangement between the State and the operator for the service. 22
(4) Section 63(1) (Offer of new service contract) does not apply to the 23
service contract. 24
(5) This section ceases to apply to an operator-- 25
(a) at the end of 2 years after the commencement; or 26
(b) if the chief executive decides--at the end of the term of the 27
existing arrangement; 28
whichever happens first. 29
(6) The chief executive may apply additional conditions specifying 30
minimum levels of service. 31
s 151 77 s 151
Transport Operations (Passenger Transport)
(7) This section does not prevent the termination of an arrangement in 1
accordance with its terms. 2
(8) This section expires 4 years after it commences or, if an earlier date is 3
prescribed by regulation, on that date. 4
for school transport--other contracts 5
Arrangements
151.(1) This section applies to a school transport service being provided 6
immediately before the commencement for an area or route by an operator 7
under an arrangement under Part 9A of the State Transport Act 1960 8
between a local conveyance committee established under the Education 9
Regulation 1988 and the operator. 10
(2) The chief executive is taken to have declared, under section 43 11
(Declaration that service contracts are required), that a service contract is 12
required to provide the service. 13
(3) The operator is taken to have entered into a service contract under 14
Chapter 6 with the chief executive in the same terms (other than terms about 15
the term of the contract) as the existing arrangement between the local 16
conveyance committee and the operator for the service. 17
(4) However, this section ceases to apply to an operator-- 18
(a) if the chief executive enters into a new service contract for the 19
provision of public passenger services of that kind for that area or 20
route; or 21
(b) if the chief executive enters into a new service contract for the 22
provision of public passenger services of that kind for part of the 23
area or route and the chief executive notifies the operator in 24
writing that this section ceases to apply; or 25
(c) at the end of 2 years after the commencement; 26
whichever happens first. 27
(5) In addition, this section does not prevent the termination of an 28
arrangement in accordance with its terms. 29
(6) This section expires 2 years after it commences or, if an earlier date is 30
prescribed by regulation, on that date. 31
s 152 78 s 154
Transport Operations (Passenger Transport)
of licences to hire 1
Holders
152.(1) A person who, immediately before the commencement, held a 2
licence to hire-taxi-meter cab or a licence to hire-exempted cab under Part 3 3
of the State Transport Act 1960 may continue to operate the taxi service 4
under the licence to hire. 5
(2) A person who, immediately before the commencement, held a 6
licence to hire-private hire car under the State Transport Act 1960 may 7
continue to operate the private hire car service under the licence to hire. 8
(3) This section ceases to apply to a person-- 9
(a) if the licence to hire expires, is cancelled or is suspended; or 10
(b) when the corresponding taxi service licence or luxury limousine 11
service licence is issued under this Act; 12
whichever happens first. 13
(4) Despite the repeal of provisions of the State Transport Act 1960, 14
Part 3 of the Act continues to have effect for the purposes of the licences. 15
(5) This section expires 1 year after the commencement. 16
areas for taxi and luxury limousine services 17
Licensed
153.(1) Each licensed area in which a person could operate under a 18
licence to hire-taxi-meter cab, a licence to hire-exempted cab, or a licence to 19
hire-private hire car, immediately before the commencement becomes, on 20
the commencement, a taxi service area or a luxury limousine service area. 21
(2) This section expires 2 years after the commencement or, if an earlier 22
date is fixed by regulation, on that date. 23
transport where subsidy agreements apply 24
Air
154.(1) This section applies to an air service that was, immediately 25
before the commencement, being provided for a route mentioned in 26
subsection (2) under air licence S44 or S45 under Part 8 of the State 27
Transport Act 1960 and in accordance with a subsidy agreement between 28
the State and the operator for the air services on the route. 29
(2) The routes are as follows-- 30
s 155 79 s 155
Transport Operations (Passenger Transport)
(a) Toowoomba /St. George /Cunnamulla /Thargomindah 1
/Cunnamulla /St. George /Toowoomba; 2
(b) Brisbane /Roma /Charleville /Quilpie /Windorah /Birdsville 3
/Bedourie /Boulia/Mount Isa /Boulia /Bedourie /Birdsville 4
/Windorah /Quilpie /Charleville /Roma /Brisbane; 5
(c) Brisbane /Roma /Charleville /Longreach /Charleville /Roma 6
/Brisbane; 7
(d) Brisbane /Roma /Longreach /Roma /Brisbane; 8
(e) Brisbane /Blackall /Longreach /Blackall /Brisbane; 9
(f) Brisbane /Barcaldine /Longreach /Barcaldine /Brisbane; 10
(g) Townsville /Charters Towers /Hughenden /Winton /Longreach 11
/Winton /Hughenden /Charters Towers /Townsville; 12
(h) Townsville /Charters Towers /Hughenden /Richmond /Julia 13
Creek /Cloncurry /Mount Isa /Cloncurry /Julia Creek /Richmond 14
/Hughenden /Charters Towers /Townsville. 15
(3) The chief executive is taken to have declared, under section 43 16
(Declaration that service contracts are required), that a service contract is 17
required to provide the service. 18
(4) Each operator is taken to have entered into a service contract under 19
Chapter 6 with the chief executive in the same terms as the existing subsidy 20
agreement between the State and the operator for the air services on the 21
route. 22
(5) Section 63(1) (Offer of new service contract) does not apply to the 23
service contract. 24
(6) This section ceases to apply to an operator at the end of the term of 25
the existing subsidy agreement. 26
(7) This section does not prevent the termination of an agreement under 27
its terms. 28
(8) This section expires on 31 May 1996. 29
air transport services for certain routes 30
Other
155.(1) This section applies to an air service that was, immediately 31
s 155 80 s 155
Transport Operations (Passenger Transport)
before the commencement, being provided for a route mentioned in 1
subsection (2) under an air licence under Part 8 of the State Transport 2
Act 1960. 3
(2) The routes are as follows-- 4
(a) Cairns /Weipa /Cairns (licence S34); 5
(b) Cairns /Horn Island /Cairns (licences S16 and S31). 6
(3) The chief executive is taken to have declared, under section 43 7
(Declaration that service contracts are required), that a service contract is 8
required to provide the service for the route Cairns /Weipa /Cairns. 9
(4) The operator of the service route Cairns /Weipa / Cairns is taken to 10
have entered into a service contract under Chapter 6 with the chief 11
executive-- 12
(a) on the same terms as the existing air licence for the air services on 13
the route; and 14
(b) that provides the operator with the exclusive right to operate the 15
air service. 16
(5) Section 63(1) (Offer of new service contract) does not apply to the 17
service contract. 18
(6) The licences for the route Cairns /Horn Island /Cairns continue in 19
force until-- 20
(a) the end of the term of the licence; or 21
(b) a service contract to provide the air service is entered into. 22
(7) The chief executive is taken to have declared, under section 43 23
(Declaration that service contracts are required), that a service contract is 24
required to provide a scheduled air service for the route Cairns /Horn Island 25
/Cairns other than under licences S16 and S31. 26
(8) Despite the repeal of provisions of the State Transport Act 1960, 27
Part 8 of the Act continues to have effect for the licence mentioned in 28
subsection (6). 29
(9) This section does not prevent the termination of a service contract 30
under its terms. 31
(10) This section expires on 31 May 1996. 32
s 156 81 s 158
Transport Operations (Passenger Transport)
operator accreditation for existing operators 1
Provisional
156.(1) A person who, immediately before the commencement-- 2
(a) held a licence to hire-taxi-meter cab, a licence to hire-exempted 3
cab or a licence to hire-private hire car under Part 3 of the State 4
Transport Act 1960; or 5
(b) held a licence under Part 4 or a permit under Part 5 of the Act; or 6
(c) operated a school transport service under an arrangement under 7
Part 9A of the Act; 8
is taken to have been granted provisional operator accreditation for a service 9
of the kind. 10
(2) This section ceases to apply to a person-- 11
(a) if the chief executive grants, or refuses to grant, operator 12
accreditation or provisional operator accreditation to the person 13
for the service; or 14
(b) if the person fails to apply for operator accreditation or 15
provisional operator accreditation for the service within 30 days 16
after being asked in writing to apply by the chief executive; or 17
(c) at the end of 2 years after the commencement; 18
whichever happens first. 19
(3) This section expires 2 years after the commencement. 20
accreditation for courtesy and community transport services 21
Operator
157.(1) Section 16 (Duties of operators) does not apply to courtesy and 22
community transport services until the end of 1 year after the 23
commencement. 24
(2) This section expires 1 year after the commencement. 25
provisional driver authorisation for drivers 26
Transitional
158.(1) A person who, immediately before the commencement, was 27
employed as a driver in Queensland to provide a particular public passenger 28
service by an operator who had a licence under Part 4, a permit under 29
s 159 82 s 160
Transport Operations (Passenger Transport)
Part 5, or an arrangement under Part 9A, of the State Transport Act 1960 is 1
taken to have been granted provisional driver authorisation for a service of 2
the kind. 3
(2) This section ceases to apply to a person-- 4
(a) if the chief executive grants, or refuses to grant, driver 5
authorisation or provisional driver authorisation to the person for 6
the service; or 7
(b) if the person fails to apply for a driver authorisation or provisional 8
driver authorisation for the service within 30 days after being 9
asked in writing to apply by the chief executive; or 10
(c) at the end of 2 years after the commencement; 11
whichever happens first. 12
(3) This section expires 2 years after the commencement. 13
authorisation for courtesy and community vehicle drivers 14
Driver
159.(1) Section 28 (Driver must hold appropriate authorisation) does not 15
apply to courtesy and community transport services until the end of 1 year 16
after the commencement. 17
(2) This section expires 1 year after the commencement. 18
provisional driver authorisation for hire drivers 19
Transitional
160.(1) A person who, immediately before the commencement-- 20
(a) held a hire driver's licence; or 21
(b) was permitted to drive a taxi-meter cab, an exempted cab or 22
private hire car under a licence to hire; 23
under Part 3 of the State Transport Act 1960 is taken to have been granted 24
provisional driver authorisation under this Act for a taxi service or luxury 25
limousine service. 26
(2) This section ceases to apply to a person-- 27
(a) if the chief executive grants, or refuses to grant, a driver 28
authorisation or provisional driver authorisation for a taxi service 29
s 161 83 s 163
Transport Operations (Passenger Transport)
or luxury limousine service to the person; or 1
(b) at the end of 1 year after the commencement or, if the person's 2
licence would expire before then, on the day on which the licence 3
would expire; 4
whichever happens first. 5
(3) This section expires 2 years after the commencement. 6
persons 7
Authorised
161.(1) If-- 8
(a) a person was, immediately before the commencement, an 9
authorised officer under a provision of the State Transport 10
Act 1960 or a regulation under the Act; and 11
(b) there is a corresponding provision in this Act or in a regulation; 12
the person continues to be an authorised person for the purposes of the 13
corresponding provision. 14
(2) This section expires 6 months after the commencement or, if an 15
earlier date is fixed by regulation, on that date. 16
17
Delegations
162.(1) If, immediately before the commencement, a person could 18
exercise a power of the Minister, the Director-General or the Corporation 19
under a delegation under an Act repealed by this Act, the person can 20
continue to exercise the power under the Act repealed by this Act. 21
(2) This section does not prevent the revocation or amendment of a 22
delegation. 23
(3) This section expires 6 months after the commencement or, if an 24
earlier date is fixed by regulation, on that date. 25
26
Offences
163.(1) For the purposes of a provision of this Act, where a conviction 27
for an offence against this Act is relevant to the exercise of a discretion, or a 28
proceeding, under the provision, a conviction for an offence against the 29
s 164 84 s 164
Transport Operations (Passenger Transport)
State Transport Act 1960 is taken to be a conviction against this Act. 1
(2) This section expires 2 months after the commencement. 2
of financial arrangements 3
Preservation
164.(1) If the Minister had, before the commencement, approved under 4
section 18 of the Urban Passenger Service Proprietors Assistance 5
Act 1975 the payment of an interest rate subsidy mentioned in 6
section 17(1)(a) of the Act to an operator of public passenger services, the 7
subsidy may continue to be paid to the operator on the terms on which it 8
was being paid before the commencement while the operator-- 9
(a) holds a licence or permit to which section 148 applies to operate 10
the services; or 11
(b) holds a service contract under Chapter 6 to operate the services or 12
similar services. 13
(2) A person who holds a licence or permit to which section 148 applies 14
to operate public passenger services may apply under section 18 of the 15
Urban Passenger Service Proprietors Assistance Act 1975 for the payment 16
of an interest rate subsidy mentioned in section 17(1)(a) of the Act for the 17
services. 18
(3) If a subsidy is granted under subsection (2), it may continue to be 19
paid while the operator-- 20
(a) holds the licence or permit to which section 148 applies to operate 21
the services; or 22
(b) holds a service contract under Chapter 6 to operate the services or 23
similar services. 24
(4) An agreement to pay an interest rate subsidy of the kind mentioned in 25
section 17(1)(a) of the Urban Passenger Service Proprietors Assistance 26
Act 1975 must not be entered into under section 53 (Approval of basis for 27
funding or other financial assistance by State) in a service contract under 28
Chapter 6 at any time after the end of 5 years after the commencement. 29
(5) An interest rate subsidy mentioned in subsection (4) must not be paid 30
at any time after the end of 15 years after the commencement. 31
(6) If the Minister had, before the commencement, approved under 32
s 164 85 s 164
Transport Operations (Passenger Transport)
section 18 of the Urban Passenger Service Proprietors Assistance 1
Act 1975 payments calculated on the basis of gross fare revenue to an 2
operator of a public passenger service, the Minister may continue to pay 3
amounts to the operator under this section during a year that are not more 4
than the total of the amounts payable to the operator under section 17(1)(b) 5
of the Act and the amounts payable to the operator for revenue foregone for 6
providing concessions to holders of seniors' cards in the year ending on the 7
commencement. 8
(7) If, before the commencement, amounts were payable to an operator 9
of a scheduled urban bus service under a contract mentioned in section 149 10
(Contracts to provide scheduled urban bus services), the Minister may 11
continue to pay amounts to the operator under this section during a year that 12
are not more than the total of the amounts payable to the operator under the 13
contract in the year ending on the commencement. 14
(8) Payments under subsections (6) and (7) to an operator (other than 15
payments to reimburse concessions granted by the operator to pensioners or 16
seniors' card holders and any other concessions required of the operator by 17
the State) are to be progressively reduced to zero over a period of 5 years 18
starting on the commencement in a way decided by the Minister and are to 19
cease after 2 years if the operator does not enter into a service contract under 20
Chapter 6. 21
(9) However, the Minister may direct that the reduction is not to apply to 22
an operator, but, if the Minister does so, the Minister must table a copy of 23
the direction in the Legislative Assembly within 5 sitting days after it is 24
given. 25
(10) Payments under subsection (6) to an operator for a public passenger 26
service may continue to be made while the operator-- 27
(a) holds the licence or permit to which section 148 (Operators of 28
scheduled passenger services) applies to operate the services; or 29
(b) holds a service contract under Chapter 6 to operate the services or 30
similar services. 31
(11) Payments under subsection (7) to an operator for a public passenger 32
service may continue to be made while-- 33
(a) the contract mentioned in section 149 under which the service is 34
operated remains in force; or 35
s 165 86 s 165
Transport Operations (Passenger Transport)
(b) the operator holds a service contract under Chapter 6 to operate 1
the services or similar services. 2
(12) Section 53(3) (which deals with funding details to be included in the 3
department's annual report) does not apply to payments under 4
subsections (6) and (7) of this section. 5
(13) If the Minister had, before the commencement, approved under 6
section 18 of the Urban Passenger Service Proprietors Assistance 7
Act 1975 the payment of a subsidy for local pensioner services mentioned 8
in section 17(3) of the Act to an operator of public passenger services, the 9
subsidy may continue to be paid to the operator on the terms on which it 10
was being paid before the commencement while the operator holds a licence 11
or permit to which section 148 applies to operate the public passenger 12
services. 13
(14) Despite the repeal of the Urban Passenger Service Proprietors 14
Assistance Act 1975, sections 17, 18 and 19 of the Act continue to have 15
effect for the purposes of the subsidies. 16
(15) This section expires 5 years after the commencement. 17
(16) Section 20A of the Acts Interpretation Act 1954 applies to this 18
section. 19
of certain standards 20
Making
165.(1) This section applies to a standard about, or substantially about, 21
matters contained in the following information bulletins published by the 22
department-- 23
· VSS.10.6/94 about heavy omnibus service life extensions 24
· VSS.11.6/94 about bus safety standards policy 25
· VSS.12.6/94 about bus safety padding for handrails, seats, 26
stanchions and partitions. 27
(2) The chief executive may make a standard to which this section 28
applies without complying with the following sections-- 29
· section 94 (Notice of proposal to prepare draft standard) 30
· section 95 (Preparation of draft standard) 31
· section 96 (Notice of draft standard) 32
s 166 87 s 169
Transport Operations (Passenger Transport)
· section 97 (Preparation of standard). 1
(3) This section expires 1 year after the commencement. 2
PART 3--TRANSITION OF REFERENCES IN ACTS 3
of Part 4
Application
166. This Part applies to references in Acts enacted before its 5
commencement. 6
Passenger Service Proprietors Assistance Act 1975 references 7
Urban
167. A reference to the Urban Passenger Service Proprietors Assistance 8
Act 1975 is taken to be a reference to this Act. 9
Public Passenger Transport Act 1984 references 10
Urban
168. A reference to the Urban Public Passenger Transport Act 1984 is 11
taken to be a reference to this Act. 12
Transport Act 1960 references etc. 13
State
169.(1) A reference (whether express or implied) to a provision of the 14
State Transport Act 1960 repealed by this Act is taken to be a reference to 15
this Act. 16
(2) A reference to a licence to hire-taxi-meter cab or a licence to 17
hire-exempted cab under the State Transport Act 1960 is taken to be a 18
reference to a taxi service licence under this Act. 19
(3) A reference to a licence to hire-private hire car under the State 20
Transport Act 1960 is taken to be a reference to a luxury limousine service 21
licence. 22
s 170 88 s 173
Transport Operations (Passenger Transport)
PART 4--TRANSITION OF REFERENCES IN 1
DOCUMENTS 2
of Part 3
Application
170. This Part applies to references in documents in existence 4
immediately before its commencement. 5
references 6
Corporation
171.(1) A reference to the corporation sole constituted by section 10 of 7
the Urban Public Passenger Transport Act 1984 is taken to be a reference 8
to the chief executive. 9
(2) A legal proceeding by or against the Corporation that is unfinished at 10
the commencement may be continued and finished by or against the State. 11
(3) A contract, agreement or arrangement in force at the commencement 12
between the Corporation and another person is taken to be a contract, 13
agreement or arrangement between the State and the person. 14
of Part 15
Expiry
172. This Part expires 2 months after it commences. 16
PART 5--TRANSITIONAL REGULATIONS 17
regulations 18
Transitional
173.(1) A regulation may make provision with respect to any matter for 19
which-- 20
(a) it is necessary or convenient to assist the operation from an Act 21
repealed or amended by this Act to the operation of this Act; and 22
(b) this Act does not make provision or sufficient provision. 23
s 174 89 s 174
Transport Operations (Passenger Transport)
(2) A regulation under subsection (1) may be given retrospective effect to 1
a date not earlier than the commencement. 2
of Part 3
Expiry
174. This Part expires 2 years after the commencement. 4
5
90
Transport Operations (Passenger Transport)
CHEDULE 1 1
¡S
DISQUALIFYING OFFENCES--PROVISIONS OF 2
THE CRIMINAL CODE 3
dictionary 4
(def "disqualifying offence") 5
1. Chapter 22 (Offences against morality) 6
2. Chapter 26 (Assaults and violence to the person generally--Justification 7
and excuse) 8
3. Chapter 27 (Duties relating to the preservation of human life) 9
4. Chapter 28 (Homicide--Suicide--Concealment of birth) 10
5. Chapter 29 (Offences endangering life or health) 11
6. Chapter 30 (Assaults) 12
7. Section 343A (Assaults occasioning bodily harm) 13
8. Section 344 (Aggravated assaults) 14
9. Chapter 32 (Assaults on females--Abduction) 15
10. Chapter 33 (Offences against liberty) 16
11. Section 363 (Child-stealing) 17
12. Chapter 36 (Stealing) 18
13. Chapter 37 (Offences analogous to stealing) 19
14. Chapter 38 (Stealing with violence--Extortion by threats) 20
15. Chapter 39 (Burglary--Housebreaking--And like offences) 21
16. Chapter 40 (Obtaining property by false pretences--Cheating) 22
17. Chapter 41 (Receiving property stolen or fraudulently obtained and like 23
offences) 24
18. Chapter 42 (Frauds by trustees and officers of companies and 25
corporations--False accounting) 26
91
Transport Operations (Passenger Transport)
SCHEDULE 1 (continued)
19. Chapter 42A (Secret commissions) 1
20. Chapter 46 (Offences) 2
21. Chapter 49 (Punishment of forgery and like offences) 3
22. Chapter 52 (Personation) 4
23. Chapter 56 (Conspiracy) 5
6
92
Transport Operations (Passenger Transport)
CHEDULE 2 1
¡S
APPEALS AGAINST ADMINISTRATIVE DECISIONS 2
sections 104 and 109 3
Section Description of decision Court
18 Refusal to grant or renew operator Magistrates
accreditation
21 Amendment, suspension or cancellation of Magistrates
operator accreditation
30 Refusal to grant or renew driver Magistrates
authorisation
33 Amendment, suspension or cancellation of Magistrates
driver authorisation
47(8) Requirement to take steps to remedy District or
service inadequacies Magistrates
47(9) Termination of service contract for failure District or
to remedy service inadequacies Magistrates
48(1) Amendment, suspension or cancellation of District or
a service contract for contravention of a Magistrates
condition of the service contract
93
Transport Operations (Passenger Transport)
SCHEDULE 2 (continued)
76(1) Amendment of the conditions of a taxi Magistrates
service licence
78(2) Requirement to pay amount as condition of District or
transfer of taxi service licence between Magistrates
areas
80 Suspension or cancellation of a taxi service District or
licence Magistrates
89(1) Amendment of conditions of a luxury Magistrates
limousine service licence
92 Suspension or cancellation of a luxury District or
limousine service licence Magistrates
134(1) Refusal to approve subdivision, rezoning, Planning and
development, road works or changes to Environment
management of road
134(3) Imposition of Conditions Planning and
Environment
If this Schedule indicates that an appeal may be made to a District Court 1
or a Magistrates Court, the appeal is to be to a District Court if the amount 2
involved is more than $40,000 and to a Magistrates Court in any other case. 3
4
94
Transport Operations (Passenger Transport)
CHEDULE 3 1
¡S
AMENDMENT OF ACTS 2
section 143 3
MOTOR VEHICLES SAFETY ACT 1980 4
1. Section 6, definition "motor vehicle safety and performance 5
requirements"-- 6
omit, insert-- 7
` "motor vehicle safety and performance requirements" means the 8
requirements of the State Transport Act 1960, Traffic Act 1949, 9
Transport Infrastructure (Roads) Act 1991 or Transport Operations 10
(Passenger Transport) Act 1994 about the construction, equipment 11
and performance of motor vehicles.'. 12
TATE TRANSPORT ACT 1960 13
´S
1. Parts 3 to 4-- 14
omit. 15
2. Section 38-- 16
omit. 17
3. Section 42-- 18
omit. 19
95
Transport Operations (Passenger Transport)
SCHEDULE 3 (continued)
4. Section 48-- 1
omit. 2
5. Parts 7 to 9A-- 3
omit. 4
6. Section 66-- 5
omit. 6
7. Section 69-- 7
omit. 8
8. Section 75-- 9
omit. 10
9. Sections 78 and 79-- 11
omit. 12
10. Schedule, clauses 2, 4 to 11, 13, 15, 15A, 16B and 16D-- 13
omit. 14
TATE TRANSPORT (PEOPLE-MOVERS) ACT 1989 15
´S
1. Section 3, definition "Corporation"-- 16
omit. 17
96
Transport Operations (Passenger Transport)
SCHEDULE 3 (continued)
2. Sections 4 and 5-- 1
omit. 2
3. Sections 7 and 8-- 3
omit. 4
4. Section 16-- 5
omit, insert-- 6
`Making of agreement 7
`16.(1) The chief executive may, for the State, enter into an agreement 8
with the proposer about the building and operation of the people-mover 9
system. 10
`(2) This section does not limit the chief executive's powers under the 11
Transport Planning and Coordination Act 1994 or another Act.'. 12
TRAFFIC ACT 1949 13
´
1. Section 16(2C)(e)-- 14
omit, insert-- 15
`(e) a vehicle that has, or is required to have, a taxi service licence or 16
luxury limousine service licence under the Transport Operations 17
(Passenger Transport) Act 1994;'. 18
2. Section 30(1), `State Transport Act 1960'-- 19
omit, insert-- 20
`Transport Operations (Passenger Transport) Act 1994'. 21
97
Transport Operations (Passenger Transport)
SCHEDULE 3 (continued)
3. Schedule, clause 3(2), `State Transport Act 1960'-- 1
omit, insert-- 2
`either the State Transport Act 1960 or the Transport Operations 3
(Passenger Transport) Act 1994'. 4
4. Schedule, clause 19(a), `State Transport Act 1960'-- 5
omit, insert-- 6
`Transport Operations (Passenger Transport) Act 1994'. 7
TRANSPORT INFRASTRUCTURE ACT 1994 8
´
1. Section 61L(1)(i), after `officers and'-- 9
insert-- 10
`provide for'. 11
2. Section 61ZA-- 12
insert-- 13
`(5) A regulation under this section may create offences and prescribe 14
penalties for the offences or not more than 100 penalty units.'. 15
3. Section 61ZA(5) to (7)-- 16
renumber as 61ZA(6) to (8). 17
4. Section 70, definition "Corporation", after `sole'-- 18
insert-- 19
`previously'. 20
98
Transport Operations (Passenger Transport)
SCHEDULE 3 (continued)
5. Section 102-- 1
insert-- 2
`(5A) For the purposes of subsections (3) and (4), a permit about the 3
removal of extractive material (within the meaning of Chapter 5A) that was 4
in force immediately before 1 July 1994 is taken to be a permit validly in 5
force under the Marine Land Dredging By-law 1987.'. 6
6. Section 104-- 7
insert-- 8
`(2A) Section 64 (other than subsection (8)) (Power of Harbour Board to 9
lease lands and grant licences and permits to occupy lands) of the Harbours 10
Act 1955, as well as any definitions in that Act relevant to the section, also 11
continue to have effect for land mentioned in subsection (1)(c)(iii) and (iv) 12
of the section.'. 13
7. Section 104(5) and (6), `subsection (1)'-- 14
omit, insert-- 15
`subsections (1) and (2A)'. 16
8. After section 109-- 17
insert-- 18
`Leases and licences under s 64 of Harbours Act 19
`109A.(1) If-- 20
(a) immediately before 1 July 1994, a lease or licence under 21
section 64 of the Harbours Act 1955 was in force, other than for 22
land vested in a harbour board under section 81(4) of the Act; and 23
(b) the lease or licence required the Minister's approval for-- 24
(i) a change of use for a lease or licence for a term of not more 25
than 25 years (including any renewal option); or 26
99
Transport Operations (Passenger Transport)
SCHEDULE 3 (continued)
(ii) an assignment or a subletting or sublicensing; 1
the Minister's approval is no longer needed. 2
`(2) This section expires 3 months after the day on which it commences. 3
`(3) Section 20A of the Acts Interpretation Act 1954 applies to this 4
section. 5
`Leases and licences under s 196 of Harbours Act 6
`109B.(1) If-- 7
(a) immediately before 1 July 1994, a lease or licence under 8
section 196 of the Harbours Act 1955 was in force; and 9
(b) the lease or licence required the approval of the Minister for a 10
change of use, an assignment or a subletting or sublicensing; 11
the Minister's approval is no longer needed. 12
`(2) This section expires 3 months after the date on which it commences. 13
`(3) Section 20A of the Acts Interpretation Act 1954 applies to this 14
section.'. 15
9. Section 129 (as renumbered by Transport Infrastructure 16
Amendment Act 1994)-- 17
renumber as section 132. 18
TRANSPORT INFRASTRUCTURE (ROADS) ACT 1991 19
´
1. Section 1.5, definition "Corporation"-- 20
omit. 21
22
100
Transport Operations (Passenger Transport)
CHEDULE 4 1
¡S
REPEALS 2
section 144 3
Transport Laws (Fees) Act 1964 No. 3 4
Transport Laws Validation Act 1962 11 Eliz 2 No. 24 5
Urban Passenger Service Proprietors Assistance Act 1975 No. 81 6
Urban Passenger Service Proprietors Assistance Act Amendment Act 1976 7
No. 91 8
Urban Passenger Service Proprietors Assistance Act Amendment Act 1977 9
No. 58 10
Urban Passenger Service Proprietors Assistance Act Amendment Act 1978 11
No. 90 12
Urban Public Passenger Transport Act 1984 No. 112 13
14
101
Transport Operations (Passenger Transport)
ICTIONARY 1
¡D
section 4 2
"accredited operator" means a person who holds an operator accreditation 3
or provisional operator accreditation. 4
"air service" means a scheduled passenger service provided by aircraft 5
between airports in the State. 6
"authorised driver" means a person who holds a driver accreditation or a 7
provisional driver accreditation. 8
"authorised person" means a person who is appointed as an authorised 9
person under this Act. 10
"bus" means a motor vehicle with seating capacity for 9 or more 11
passengers (excluding the driver). 12
"charter bus service" means a public passenger service involving the 13
charter of a bus and driver for prearranged journeys and for preagreed 14
amounts if-- 15
(a) neither the operator nor the driver receive individual fares; and 16
(b) each journey has a common origin or destination or both; and 17
(c) the charterer has the right to decide the route and time of travel. 18
"commercial service contract" see section 51(2). 19
"community transport service" means a passenger transport service 20
funded or subsidised out of public money or by a charity and provided 21
for the benefit of a particular group. 22
"conviction" includes a finding of guilt, and the acceptance of a plea of 23
guilty, by a court, whether or not a conviction is recorded. 24
"courtesy transport service" means a passenger transport service 25
provided, free of charge, by an entity using a vehicle of the entity for 26
customers, clients or students of the entity. 27
"criminal history" of a person means the person's criminal history within 28
the meaning of the Criminal Law (Rehabilitation of Offenders) 29
Act 1986, and-- 30
102
Transport Operations (Passenger Transport)
DICTIONARY (continued)
(a) despite section 6 of that Act, includes a conviction of the person 1
to which the section applies; and 2
(b) despite section 5 of that Act, includes a charge made against the 3
person for an offence. 4
"demand management measures" includes pricing of parking, other 5
demand management pricing, bus priority and high vehicle occupancy 6
measures. 7
8
Example of high vehicle occupancy measures--
9
Dedicated transit lanes.
"disqualifying offence" means-- 10
(a) an offence against a provision of the Criminal Code mentioned in 11
Schedule 1; or 12
(b) an offence against the Drugs Misuse Act 1986 punishable by 13
imprisonment for 1 year or more, even though a fine may be 14
imposed in addition or as an alternative; or 15
(c) an offence against the Weapons Act 1990 punishable by 16
imprisonment for 1 year or more, even though a fine may be 17
imposed in addition or as an alternative; or 18
(d) an offence prescribed by regulation; or 19
(e) an offence committed outside Queensland that would be a 20
disqualifying offence if committed in Queensland. 21
"driver" means the driver of a public passenger vehicle. 22
"driver authorisation" see section 25. 23
"eligible school children" means children whose travel to and from school 24
or another educational establishment is the subject of an arrangement 25
under section 133. 26
"executive officer" of a corporation means a person who is concerned 27
with, or takes part in, the corporation's management, whether or not 28
the person is a director or the person's position is given the name of 29
executive officer. 30
"ferry" includes ship, boat and hovercraft. 31
103
Transport Operations (Passenger Transport)
DICTIONARY (continued)
"ferry service" means a public passenger service provided by a ferry on or 1
over water, and includes a service provided by water taxi. 2
"government funded service contract" see section 51(3). 3
"lease" of a taxi service licence or a luxury limousine service licence means 4
a transfer of the licence made on condition that the licence will, at the 5
end of a specified term, or on fulfilment of a specified condition, revert 6
to the transferor. 7
"local government road" means a road under the control of a local 8
government. 9
"long distance scheduled passenger service" means a scheduled public 10
passenger service in which passengers are carried on an established 11
route-- 12
(a) for an average distance of at least 40 km; or 13
(b) between non-contiguous service contract areas or routes. 14
"luxury limousine" means a motor vehicle for which a luxury limousine 15
service licence is in force. 16
"luxury limousine service" means an unscheduled public passenger 17
service provided by a luxury motor vehicle where the fare for a 18
journey is decided before the journey begins. 19
"luxury limousine service licence" see section 83. 20
"luxury motor vehicle" means a vehicle declared by a regulation to be a 21
luxury motor vehicle. 22
"obstruct" includes hinder, resist or attempt to obstruct. 23
"occupier" of a place includes a person who reasonably appears to be the 24
occupier, or in charge of, the place. 25
"operator" means a person carrying on the business of providing a public 26
passenger service, and includes a person carrying on the business of 27
administering a taxi service. 28
"operator accreditation" see section 13. 29
"person in control" includes-- 30
104
Transport Operations (Passenger Transport)
DICTIONARY (continued)
(a) for a ferry--the person who has, or reasonably appears to have, 1
command or charge of the ferry; and 2
(b) for another vehicle--the vehicle's driver or the person who 3
reasonably appears to be the vehicle's driver. 4
"place" includes land, waters and premises, but does not include a vehicle. 5
"premises" includes-- 6
(a) a building, wharf or other structure; and 7
(b) a part of a building, wharf or other structure; and 8
(c) land or waters where a building, wharf or other structure is 9
situated. 10
"public notice" means a notice published in a newspaper circulating 11
generally throughout the State or, if the matter being published is of 12
interest only in a particular area, in a newspaper circulating generally 13
throughout the area. 14
"public passenger service" means a service for the carriage of passengers 15
if-- 16
(a) the service is provided for fare or other consideration; or 17
(b) the service is provided in the course of a trade or business (but 18
not if it is provided by an employer solely for employees); or 19
(c) the service is a courtesy or community transport service; 20
but does not include a service excluded from this Act by a regulation. 21
"public passenger vehicle" means any of the following vehicles used to 22
transport members of the public-- 23
(a) a bus; 24
(b) a ferry; 25
(c) a taxi; 26
(d) a fixed track vehicle; 27
(e) an aircraft; 28
(f) a luxury limousine; 29
105
Transport Operations (Passenger Transport)
DICTIONARY (continued)
(g) a vehicle classified by regulation as a public passenger vehicle. 1
"public place" means a place that the public is entitled to use, is open to the 2
public or is used by the public, whether or not on payment of money. 3
"restricted school service" means a scheduled passenger service only for 4
the transport of school children who pay fares for the service if the 5
amount of the fares is negotiated between the school concerned and the 6
operator. 7
"road" has the same meaning as in Chapter 5 (Road transport 8
infrastructure) of the Transport Infrastructure Act 1994. 9
"road works" has the same meaning as in Chapter 5 (Road transport 10
infrastructure) of the Transport Infrastructure Act 1994. 11
"scheduled passenger service" means a public passenger service 12
conducted on an established route in accordance with a regular 13
timetable, and includes a school service and a restricted school service, 14
but does not include a tourist service or a long distance scheduled 15
passenger service. 16
"school service" means a public passenger service only or primarily for the 17
transport of school children. 18
"service contract" see section 39(1). 19
"service contract area or route" means an area or route for which a 20
service contract is required under section 43 (Declaration that service 21
contracts are required) to provide particular public passenger services. 22
"standard" means a standard in force under this Act. 23
"taxi" means a motor vehicle for which a taxi service licence is in force. 24
"taxi service" means a public passenger service provided by a motor 25
vehicle with a seating capacity for not more than 11 passengers 26
(excluding the driver) under which the vehicle-- 27
(a) is able, when not hired, to be hailed for hire by members of the 28
public; and 29
(b) provides a demand responsive service under which members of 30
the public are able to hire the vehicle through electronic 31
communication; and 32
106
Transport Operations (Passenger Transport)
DICTIONARY (continued)
(c) may ply or stand for hire on a road. 1
"taxi service area" means an area declared under section 72 (Taxi service 2
areas). 3
"taxi service licence" see section 70. 4
"tourist service" means a prebooked public passenger service for the 5
carriage of tourists on a publicly available tour itinerary to a common 6
scenic or tourist attraction. 7
"Transport Coordination Plan" means the Transport Coordination Plan 8
developed under the Transport Planning and Coordination Act 1994. 9
"vehicle" includes a ferry. 10
11
© State of Queensland 1994
[Index] [Search] [Download] [Related Items] [Help]