TRANSPORT OPERATIONS (PASSENGER TRANSPORT) ACT 1994

Queensland Consolidated Acts

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TRANSPORT OPERATIONS (PASSENGER TRANSPORT) ACT 1994

TABLE OF PROVISIONS

Long Title

Contents

CHAPTER 1--PRELIMINARY

1. Short title
2. Objectives of Act
3. Definitions—the dictionary
4. Act binds all persons
4A. Act does not prevent local law from imposing additional requirements
4B. Reference to offence against provision of an Act that is a disqualifying offence or a driver disqualifying offence

CHAPTER 2--RESPONSIBILITIES FOR TRANSPORT STRATEGIES AND PROGRAMS

Part 1--Passenger transport strategies

5. Development of passenger transport strategies
6. Contents of passenger transport strategies

Part 2--Passenger transport implementation programs

7. Development of passenger transport implementation programs
8. Consistency with passenger transport strategies
9. Report on operation of passenger transport programs

Part 3--Chief executive's general accountabilities

10. Obligations about public passenger transport

CHAPTER 3--OPERATOR ACCREDITATION

11. Purpose of operator accreditation
12. What is operator accreditation
14. Operator accreditation standards
15. Duties of operators
16. Responsibility for system of operator accreditation
17. Granting, renewing or refusing operator accreditation
18. Provisional operator accreditation
19. Applicant to notify charge for disqualifying offence etc.
20. Amendment, suspension and cancellation of operator accreditation
21. Accredited operator to notify charge for disqualifying offence etc.
22. Member of partnership must inform another partner of charge for disqualifying offence etc.
22A. Operator accreditation is evidence of being the operator
22B. Accredited operator to notify if authorised driver charged with or convicted of driver disqualifying offence

CHAPTER 4--DRIVER AUTHORISATION

Part 1--General

23. Purpose of driver authorisation
24. What is driver authorisation
26. Driver authorisation standards
27. Driver must hold appropriate authorisation
28. Responsibility for system of driver authorisation
28A. Ineligibility for driver authorisation—category A driver disqualifying offences
28B. Driver authorisation—category B driver disqualifying offences
28C. Driver authorisation—category C driver disqualifying offences
29. Granting, renewing or refusing driver authorisation
29AA. Smartcard driver authorisation is property of the State
29A. Restricted driver authorisation
30. Provisional driver authorisation
31. Applicant to notify charge for driver disqualifying offence etc.
32. Amendment, suspension and cancellation of driver authorisations
33. Authorised driver must notify charge for driver disqualifying offence etc.
33A. Protection of children and vulnerable members of the community
34. Authorised driver must notify suspension or cancellation of licence etc.
34A. Authorised driver must notify damage, loss or theft of authorising document issued by chief executive
35. Obligation to notify accredited operator of suspension or cancellation of licence etc.

Part 2--Biometric data and other information relating to driver authorisation

35A. Obtaining digital photo and digitised signature
35AA. Extending shelf life of digital photo and digitised signature
35B. Using digital photo and digitised signature
35C. Restricted access to a digital photo
35D. Deleting digital photo and digital signature from register or similar record
35E. Restricted access to information stored electronically on a smartcard driver authorisation
35F. Retention period for digital photo and digitised signature
35G. Annual report about access to digital photos

Part 3--Restricted release of information about driver authorisation

35H. Restricted written release of information
35I. Restricted oral release of particular information

CHAPTER 4A--TAXI SERVICE BAILMENT AGREEMENTS

35J. Purpose of ch 4A
35K. Application of ch 4A
35L. What is a taxi service bailment agreement
35M. Accredited operator must ensure taxi service bailment agreement entered into
35N. Accredited operator may only enter into taxi service bailment agreement with set pay in arrangement in particular circumstances
35O. Accredited operator must give authorised driver copy of taxi service bailment agreement
35P. Accredited operator must keep a copy of taxi service bailment agreement
35Q. Authorised driver must not drive taxi unless taxi service bailment agreement entered into
35R. Authorised person may request particular information

CHAPTER 5--MARKET ENTRY RESTRICTIONS

36. Market entry restrictions

CHAPTER 5A--ESSENTIAL PUBLIC TRANSPORT INFRASTRUCTURE

36A. Declaration of essential public transport infrastructure
36B. Chief executive's power to give direction about use of essential public transport infrastructure
36C. Persons bound by essential infrastructure direction
36D. Failure to comply with essential infrastructure direction
36E. Record of essential infrastructure direction in land registry
36F. Compensation
36G. Chief executive's power to decide matters about rail safety unaffected

CHAPTER 6--SERVICE CONTRACTS

Part 1--Preliminary

Division 1--Application of service contracts

37. Purpose of service contracts
38. What are service contracts
38B. Chief executive may enter into service contracts
39. Scope of service contracts
40. Service contracts to include minimum service levels
41. Other matters to be included in service contracts

Division 2--Requirement for service contracts

42. Declaration that service contracts are required
42A. Other declarations that service contracts are required
42B. Amendment of service contract area or route
43. Obligation to hold service contracts

Division 3--Administrative provisions

44. Term of service contracts
45. Conditions of service contracts
46. Review of holder's performance
47. Amendment, suspension or cancellation of service contracts for breach of service contracts
47A. Renewal of service contracts
48. Transfer or surrender of service contracts etc.

Division 4--Emergency service contracts

48A. Chief executive may enter into emergency service contract
48B. Entering into an emergency service contract
48C. Term of emergency service contract

Part 2--Scheduled passenger services

Division 1--Preliminary

49. Application of part
51. Conditions of funding
52. Approval of basis for funding or other financial assistance by State

Division 2--General provisions for service contracts for general route services

54A. Application of div 2
55. Entering into a service contract for a general route service—no existing operators
56. Entitlement of existing operators
57. Entering into a service contract for a general route service
59. Matters to be considered
60. Service contract for amended service contract area or route
61. Compensation
62. Offer of new service contract
62A. Notice to be given

Division 2AA--TransLink service contracts

62AAB. Definition for div 2AA
62AAC. What is a TransLink service contract
62AACA. Entering into a TransLink service contract
62AAD. Offer of new TransLink service contract
62AAE. Matters to be considered generally when considering offers for TransLink service contracts
62AAF. Unsatisfactory performance of TransLink service contract holder
62AAG. Service contract for amended service contract area or route
62AAH. Compensation
62AAI. What happens when TransLink service contract is surrendered, cancelled or terminated

Division 2A--Inviting offers for prescribed school service contracts

62AA. Application of div 2A to previous prescribed school service contracts
62AC. Entitlement of satisfactorily performing existing operator under a service contract
62AD. First opportunity to offer may be given to existing operator of school services under a service contract
62AE. When public offer must be invited, and when offers may be invited in another way
62AF. Prohibition on making offers to allow first opportunity

Part 3--Administration of taxi services

63. Application of part
64. Provision of taxi services
65. Taxi services to be provided only by taxis
66. Regulation may declare that service contracts are required
67. Amendments of taxi service contracts
67A. Peak demand management plans

Part 4--Special events

Division 1--Special events in TransLink area

67B. Declaration of special event
67C. Coordination power for scheduled passenger services to special events
67D. TransLink approval required for special event services
67E. Special event approvals

Division 2--Special events in non-TransLink area

67F. Declaration of special event
67G. Coordination power for scheduled passenger services to special events
67H. Chief executive's approval required for special event services
67I. Special event approvals

CHAPTER 7--TAXI SERVICE LICENCES

68. Purpose of taxi service licences
69. What are taxi service licences
70. Requirement for taxi service licence or peak demand taxi permit
71. Taxi service areas
72. Issue of new taxi service licences
73. Term of taxi service licences
74. Conditions of taxi service licences
74AA. Notice to be kept in licensed taxi or substitute taxi
74AB. Prohibitions on using licensed taxis or substitute taxis
74A. Maximum taxi fares
74B. Substitute taxi
75. Amendment of taxi service licence conditions
76. Transfer, lease and surrender of taxi service licences
77. Transfer of taxi service licences between areas
78. Limitation on number of licences held by single operator and associates
79. Suspension and cancellation of taxi service licences
80. Taxi subsidy scheme
80A. Annual taxi industry security levy payable
80B. Taxi Industry Security Fund

CHAPTER 7A--PEAK DEMAND TAXI PERMITS

80C. Purpose of peak demand taxi permits
80D. What are peak demand taxi permits
80E. Issue of peak demand taxi permits
80F. Term of peak demand taxi permits
80G. Conditions of peak demand taxi permits
80H. Notice to be kept in peak demand taxi
80I. Prohibitions on using peak demand taxis
80J. Amendment of peak demand taxi permit conditions
80K. Lease and surrender of peak demand taxi permits
80L. Suspension and cancellation of peak demand taxi permits

CHAPTER 8--LIMOUSINE SERVICE LICENCES

81. Purpose of limousine service licences
82. What are limousine service licences
83. Requirement for limousine service licences
83A. Requirement for limousine service licence for stretched passenger car
84. Limousine service areas
85. No limit on number of licences held
86. Term of limousine service licence
87. Conditions of limousine service licences
87A. Substitute limousine
87B. Record of prior booking
87C. Operator to keep record of prior booking
87D. Driver to produce record of prior booking
88. Amendment of limousine service licence conditions
89. Transfer, lease and surrender of limousine service licences
90. Transfer of limousine service licences between areas
91. Suspension and cancellation of limousine service licences

CHAPTER 9--STANDARDS

92. Making of standards
93. Notice of proposal to prepare draft standard
94. Preparation of draft standard
95. Notice of draft standard
96. Preparation of standard
97. Interim standards
98. Regulations prevail over standards
99. Amendment of standards
99A. Application of Acts Interpretation Act 1954
100. Direction to comply with standards
101. Application of standards to railway managers or railway operators
101A. Application of standards to light rail operators

CHAPTER 10--REVIEW OF DECISIONS

102. Internal review of decisions
103. External review of decisions
104. Commissioner for Children and Young People and Child Guardian

CHAPTER 11--ENFORCEMENT

Part 1--Interpretation

110. Definition for ch 11

Part 2--Authorised persons

Division 1--Appointment
Subdivision 1--Appointment of authorised persons generally

111. Appointment of authorised persons generally
111A. Restrictions on appointing authorised persons
111B. When person is suitable to be transit officer
Subdivision 2--Assessing person's suitability to be a transit officer
111C. Application of sdiv 2
111D. Definition for sdiv 2
111E. Person to be advised of duties of disclosure
111F. Transit officers must disclose relevant information and changes to relevant information
111G. Chief executive may request information from commissioner of the police service
111H. Assessment of suitability
111I. Particular persons to be advised if person unsuitable
111J. Secrecy
111K. Guidelines for dealing with relevant information
Subdivision 3--Requirements about training of transit officers
111L. Requirements for course of training

Division 2--Identity requirements

112. Identity cards
113. Production or display of authorised person's identity card
113A. Uniforms for transit officers
113B. Transit officer must be in uniform

Division 3--Requirements relating to transit officers

113C. Transit officers must continue to have relevant skills and abilities
113D. Transit officer must not be under the influence of alcohol or drugs

Division 4--Cessation of appointment

113E. When authorised person ceases to hold office
113F. Resignation
113G. Revocation of appointment of transit officer

Division 5--Application of other Acts to particular transit officers

113H. Application of Crime and Misconduct Act 2001
113I. Application of Public Sector Ethics Act 1994

Division 6--Miscellaneous

114. Powers of authorised persons
115. Protection from liability

Part 2A--Drug and alcohol testing of transit officers

116. Chief executive may require transit officer to undergo alcohol test or drug test
118. Alcohol or drug test results generally inadmissible

Part 3--Powers of authorised persons in relation to places and vehicles

120. Entry of place
121. Warrants
122. Warrants—applications made otherwise than in person
123. Entry or boarding of vehicles
124. General powers in relation to places and vehicles
124A. Power to require limousines to be moved
125. Power to seize evidence
126. Procedure after thing seized
126A. Securing seized things
126B. Tampering with seized things
126C. Powers supporting seizure
126D. Forfeiture of seized things
126E. Dealing with forfeited things etc.
126F. Return of seized things
126G. Access to seized things

Part 3A--Powers of authorised persons for dangerous goods on rail vehicles

126GA. Purpose of pt 3A
126H. Power to hold or stop and hold rail vehicle
126HA. Further powers if vehicle entered is rail vehicle
126I. Power to require rail vehicle inspection
126J. Power to prohibit use of rail vehicle
126JA. Further power for securing things seized relating to transport of dangerous goods
126K. Power to give remedial action notices
126KA. Use of equipment to examine or process things
126KB. Use or seizure of electronic equipment
126KC. Restoring vehicle or premises to original condition after action taken

Part 3B--Powers of authorised persons for dangerous situations involving rail vehicles

126L. Application of part
126M. Additional power to require information or produce document
126N. Power to give notice about dangerous situation
126NA. Dangerous situation notice
126NB. Contravention of dangerous situation notice
126NC. Oral direction may be given before dangerous situation notice is served
126ND. Withdrawal of dangerous situation notice
126NE. Proceedings for an offence not affected by dangerous situation notice
126O. Power to take direct action to deal with dangerous situation

Part 3C--Goods too dangerous to be transported

126OA. Application of Act to goods too dangerous to be transported

Part 4--Other enforcement powers of authorised persons

126P. Definition for pt 4
127. Power to require name, address and age
128. Power to require information from certain persons
129. Power to require production of certain documents

Part 4A--Functions and powers of transit officer for protecting safety of persons or property

Division 1--Powers to detain a person

129A. Power to detain person who has committed a detainable offence
129B. Power to detain person to prevent continuation of detainable offence
129C. Power to detain person to prevent contravention of exclusion order

Division 2--Provisions about detaining persons generally

129D. Handcuffs may be used for detaining person
129E. Period of detention
129F. Information to be given to detained person
129G. Written report to be given to police officer
129H. Written report to be given to chief executive
129I. Requirements for written report given under this division
129J. Restrictions on questioning detained person

Division 3--Additional provisions about detaining children or persons with impaired capacity

129K. Limitation on detaining child
129L. Responsible person to be notified of detention
129M. Giving warning etc. to child or person with impaired capacity
129N. Nature of detention for child or person with impaired capacity

Division 4--Additional powers after person detained

129O. Power to require detained person to remove outer garment etc.
129P. Limits on directing removal of outer garment worn by detained person generally
129Q. Limit on directing removal of outer garment worn by detained person who is a child or person with impaired capacity
129R. Limits on frisk searching detained person generally
129S. Limits on frisk searching detained person who is a child or person with impaired capacity
129T. Power to take and retain particular articles

Division 5--Recording details of exercise of powers under this part

129U. Chief executive must maintain a register of detentions

Division 6--Other provisions about functions and powers under this part

129V. Guidelines must be followed
129W. Application of juvenile justice principles
129X. Transit officer must not fail to comply with this part

Part 4B--Powers of court to make exclusion orders for protecting the public or property

129Y. Definition for pt 4B
129Z. What is an exclusion order
129ZA. Court may make exclusion order
129ZB. Matters court must consider in deciding whether to make exclusion order
129ZC. Exclusion order to be explained if person before the court
129ZD. Amendment or revocation of exclusion order generally
129ZE. Order to be given to interested persons
129ZF. Amendment of exclusion order that restricts access for changes in personal circumstances
129ZG. Offence to contravene exclusion order

Part 4C--Powers of court to make civil banning orders for protecting the public or property

Division 1--Preliminary

129ZH. Definitions for pt 4C
129ZI. Purpose of pt 4C

Division 2--Orders

129ZJ. What is a civil banning order
129ZK. Who may apply for a civil banning order
129ZL. Application for a civil banning order
129ZM. Response by respondent
129ZN. Hearing of application
129ZO. Making a civil banning order
129ZP. Interim civil banning order
129ZQ. Varying or revoking civil banning order for changes in circumstances
129ZR. Court may make civil banning order by consent
129ZS. Orders must be explained
129ZT. Civil banning order to be given to interested persons
129ZU. No costs to be awarded
129ZV. No filing fee is payable
129ZW. Standard of proof
129ZX. General application of rules of court
129ZY. Interaction with criminal proceedings
129ZZ. Contravention of civil banning order or interim civil banning order

Division 3--Appeals

129ZZA. Appeals
129ZZB. Time for appeal
129ZZC. Starting appeal
129ZZD. Registrar to give respondent copies of particular documents
129ZZE. Stay of operation of decision
129ZZF. District Court's powers on appeal
129ZZG. No costs on appeal

Division 4--Miscellaneous

129ZZH. Service of documents
129ZZI. Police commissioner must provide information relevant to applications

Part 5--Other enforcement matters

130. False or misleading information
131. False, misleading or incomplete documents
132. Compensation
133. Authorised person to give notice of damage
134. Consent to entry by an authorised person
135. Obstructing authorised person
136. Impersonating authorised person

CHAPTER 11A--FARE EVASION AND OTHER OFFENCES

143AA. Definitions for ch 11A
143AB. When does a person evade payment of a fare
143AC. Fare evasion
143AD. Obtaining hire or use of vehicle by fraud or misrepresentation
143ADA. Power to require production of tickets
143ADB. Evidence of concession entitlement
143AE. Interfering with public transport infrastructure, service, vehicle or equipment
143AF. Creating disturbance or nuisance on or in public transport infrastructure or vehicle
143AG. Direction to leave, or not to enter, vehicle
143AH. Direction to leave or not to enter vehicle that is full
143AHA. Power to require person to leave public transport infrastructure if person committing particular offences
143AHB. Power to require person to leave or not enter public transport infrastructure if person contravening exclusion order
143AI. Direction not to be given in particular circumstances
143AJ. Person given direction to be told particular things
143AK. Offence to contravene direction

CHAPTER 12--MISCELLANEOUS

Part 1--General

143B. Approval of basis for funding for transport function
144. Transport arrangements for students
145. Chief executive may declare particular motor vehicles
147. Demand management
148. Inquiries about person's suitability to hold accreditation or authorisation
148A. Notice of change in police information about a person
148B. Chief executive may enter into arrangement about giving and receiving information with commissioner of the police service
148BA. Obtaining information from chief executive (corrective services)
148C. Confidentiality
149. Offences of dishonesty
150. Records and evidence from records
150A. Approval of forms
151. Proceedings for offences
152. No need to prove appointments
153. Prosecutions for railway offences
153A. Facilitation of proof
154. Attempt to commit offence
154A. Direction to pay operator the penalty recovered for fare evasion etc.

Part 1A--General provisions relating to transport of dangerous goods by rail

154AB. Application of pt 1A
154AC. Special defence of compliance with direction
154AD. Responsibility for acts or omissions of representative
154AE. Transport documentation

Part 2--Authorisations for competition legislation

Division 1--Interpretation

154B. Definitions for pt 2
154C. Meaning of fare provision
154D. Meaning of identified provision
154E. Meaning of management entity provision
154F. Meaning of service entity provision
154G. Meaning of State influenced entity
154H. References to public passenger services in pt 2
154I. Extended meanings of certain expressions in pt 2

Division 2--Authorisations

154J. Authorisations for coordination and integration of public passenger services
154K. Provisions limiting application of authorisations
154L. Provisions supporting application of authorisations

Part 3--Regulation-making power

155. Regulation-making power

CHAPTER 13--TRANSITIONAL AND VALIDATION PROVISIONS

Part 1--Transitional provision for Transport Legislation Amendment Act 2002

156. Continuation of temporary service contracts

Part 1A--Transitional provisions for Transport and Other Legislation Amendment Act 2004

Division 1--Authorised persons

157. Authorised persons

Division 3--Driver disqualifying offences

162. Driver disqualifying offences
163. Transitional regulation-making power

Part 1B--Transitional provisions for Transport and Other Legislation Amendment Act (No. 2) 2004

164. Provisions dealing with impact of decisions of local governments on public passenger transport

Part 2--Transition of references in Acts

174. Application of part
175. Urban Passenger Service Proprietors Assistance Act 1975 references
176. Urban Public Passenger Transport Act 1984 references
177. State Transport Act 1960 references etc.

Part 3--Validation of particular service contracts

178. Validation of service contracts in Translink area

Part 4--Provision for Maritime and Other Legislation Amendment Act 2006

179. Amendment of regulation by Maritime and Other Legislation Amendment Act 2006 does not affect powers of Governor in Council

Part 5--Provision for Transport Legislation Amendment Act 2008, part 7

180. Category C driver disqualifying offence

Part 6--Provision for Transport Operations (TransLink Transit Authority) Act 2008

181. Existing declarations under s 42(2) for a scheduled passenger service

Part 7--Transitional provision for Transport and Other Legislation Amendment Act 2008, part 6, division 1

182. Application of ch 11, pt 4B

Part 8--Transitional provision for Transport and Other Legislation Amendment Act 2009

183. Amendment of regulation by Transport and Other Legislation Amendment Act 2009 does not affect powers of Governor in Council

Part 9--Transitional provisions for Transport and Other Legislation Amendment Act 2010

Division 1--Provisions for relocated provisions

184. Relocation of TransLink Act provisions

Division 2--Other provisions

185. Provision for s 67B
186. Provision for s 67D
187. Deferral of application of s 67H for particular contracts and arrangements for special event services

Part 10--Validation of regulation

188. Validation of Transport Legislation Amendment (Postponement) Regulation (No. 1) 2008

Part 11--Transitional provisions for Transport and Other Legislation Amendment Act 2011

189. Application of amended provisions about driver disqualifying offences in relation to driver authorisations
190. Application of ch 11, pt 4B immediately before the commencement
191. Application of ch 11, pt 4C

Part 12--Transitional provision for Weapons Amendment Act 2011

192. Meaning of disqualifying offence
SCHEDULE 1 -- DISQUALIFYING OFFENCES—PROVISIONS OF THE CRIMINAL CODE
SCHEDULE 1A -- DRIVER DISQUALIFICATION OFFENCES
SCHEDULE 2 -- REVIEWABLE DECISIONS
SCHEDULE 3 -- DICTIONARY
Endnotes

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