Queensland Consolidated Acts

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

   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
   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.
   35.     Obligation to notify accredited operator of suspension or cancellation of licence etc.

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

CHAPTER 7--TAXI SERVICE LICENCES

   68.     Purpose of taxi service licences
   69.     What are taxi service licences
   70.     Requirement for taxi service licences
   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 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
   87E.    Record of prior booking—limousine service provided under special purpose limousine service licence
   87F.    Operator to keep record of prior booking made for s 87E
   87G.    Driver to produce record of prior booking made for s 87E
   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.     Review of standards
   100.    Direction to comply with standards
   101.    Application of standards to railway managers or railway operators

CHAPTER 10--REVIEW OF AND APPEALS AGAINST DECISIONS

   102.    Review of and appeals against decisions

CHAPTER 11--ENFORCEMENT

           Part 1--Interpretation

   110.    Definition for ch 11

           Part 2--Authorised persons

   111.    Appointment of authorised persons etc.
   112.    Identity cards
   113.    Production or display of authorised person's identity card
   114.    Powers of authorised persons
   115.    Protection from liability

           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 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 service, vehicle or equipment
   143AF.  Creating disturbance or nuisance on railway 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 train etc.
   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
   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.    Regulations

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

   180.    Existing declarations under s 42(2) for a scheduled passenger service
           SCHEDULE 1 DISQUALIFYING OFFENCES--PROVISIONS OF THE CRIMINAL CODE
           SCHEDULE 1A DRIVER DISQUALIFICATION OFFENCES
           SCHEDULE 2 REVIEWABLE DECISIONS
           SCHEDULE 3 DICTIONARY
           Endnotes