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Transport Operations (Road Use Management) Act 1995


TABLE OF PROVISIONS

           Contents

           Chapter 1--Preliminary

   1.      Short title
   3.      Objectives
   4.      Achieving an appropriate balance between safety and cost
   5.      Definitions—the dictionary
   6.      Act binds everyone, including government entities

           Chapter 2--Responsibilities for road use management strategies and programs

           Part 1--Road use management strategies

   7.      Development of strategies
   8.      Contents of strategies
   9.      Tabling of strategies

           Part 2--Road use implementation programs

   10.     Development of programs
   11.     Consistency with strategies
   12.     Report on operation of programs

           Part 3--Guidelines

   13.     Guidelines

           Part 4--Objectives

   14.     Objectives

           Chapter 3--Road user performance and compliance

           Part 1--Alternative compliance

   15.     Alternative ways of complying with Act

           Part 1A--Approvals

   17A.    Meaning of approval for pt 1A
   17B.    Granting, renewing or refusing approval
   17C.    Chief executive may obtain information from commissioner
   17D.    Notice of change in police information about a person
   17E.    Chief executive may enter into arrangement about giving and receiving information with commissioner
   18.     Grounds for amending, suspending or cancelling approvals
   19.     Procedure for amending, suspending or cancelling approvals
   19A.    Cancelling suspended approval for failing to take remedial action
   19C.    Automatic suspension of particular licences under dangerous goods regulation

           Part 1B--Cancelling vehicle registration for offensive advertisements

           Division 1--Preliminary

   19D.    Definitions for part

           Division 2--Cancelling vehicle registration

   19E.    Application of division
   19F.    Registration cancellation notice
   19G.    Advertising Standards Bureau withdraws advertising code breach notice
   19H.    Cancellation of registration
   19I.    Requirement to return number plates and registration label

           Division 3--Matters after vehicle registration is cancelled

   19J.    Application of division
   19K.    No refund of registration fee
   19L.    Applying for registration after registration cancelled

           Division 4--General

   19M.    No transfer of registration
   19N.    Limitation of review
   19O.    Notices given by electronic communication

           Part 2--Authorised officers and accredited persons

   20.     Appointment of authorised officers
   21.     Appointment of accredited persons
   22.     Powers
   23.     Appointment conditions
   24.     Identity cards
   25.     Production or display of identity cards

           Part 3--Powers of authorised officers and other persons

           Division 1--Powers for places

   26.     Entry to places
   26A.    Further power to enter place of business in relation to prescribed dangerous goods vehicle
   26B.    Further power to enter particular places if incident involving death, injury or damage
   27.     Consent to entry
   28.     Warrants to enter
   29.     Warrants—applications made other than in person
   29A.    Post-entry approval
   29B.    Making of post-entry approval order
   29C.    Appeal
   30.     General powers after entering places
   30A.    Further powers after entering place under s 26A or 26B
   30B.    Using equipment for exercising power

           Division 2--Powers for vehicles
           Subdivision 1--Stopping vehicles

   31.     Power to stop private vehicles
   32.     Power to stop heavy vehicles or prescribed vehicles
           Subdivision 2--Moving vehicles
   33.     Requiring vehicle to be moved for exercising power
   33A.    Requiring prescribed dangerous goods vehicle to be moved if causing harm or obstruction etc.
   33B.    Moving unattended prescribed dangerous goods vehicle on road
   33C.    Moving other stationary prescribed dangerous goods vehicle if causing harm or obstruction etc.
   33D.    Power if prescribed dangerous goods vehicle broken down or immobilised on a road
           Subdivision 3--Other powers for vehicles
   34.     Power to inspect vehicles
   35.     Power to enter vehicles etc. other than for vehicle inspection
   35A.    Further powers to inspect and search prescribed dangerous goods vehicle
   35B.    Further powers to access or download stored information or to decide if anything found in a prescribed dangerous goods vehicle may be seized
   35C.    Running or stopping prescribed dangerous goods vehicle engine
   36.     Power to require vehicle inspections
   37.     Power to prohibit use of vehicles
   38.     Power to prohibit persons driving
   39.     Powers to enable effective and safe exercise of other powers
   39A.    Additional power for Explosives Act 1999 for particular authorised officers
           Subdivision 4--Other provisions about stopping and moving vehicles etc.
   39B.    Stopped or moved vehicle to remain at a place
   39C.    Interfering with equipment or load of particular vehicles

           Division 3--Power to seize evidence

   40.     Power to seize evidence
   40A.    Further powers to seize evidence in relation to particular vehicles
   41.     Powers supporting seizure
   42.     Receipt for seized things
   43.     Forfeiture of seized things
   44.     Dealing with forfeited things
   45.     Access to seized things
   46.     Return of seized things

           Division 3A--Additional seizure powers for certain vehicles for sale

   46A.    Seizing certain vehicles for sale

           Division 3B--Embargo notice for evidence about heavy vehicle or dangerous goods

   46B.    Embargo notice
   46C.    Noncompliance with embargo notice

           Division 4--General powers

   47.     Power to set up checkpoints
   48.     Power to require name and address
   48A.    Further power to require personal details for exercising power in relation to transport of dangerous goods
   49.     Power to require documents to be produced
   49A.    Direction to provide information about transport of dangerous goods
   50AB.   Power to require help to find and access particular documents or information

           Part 4B--Reciprocal powers of authorised officers

   51F.    Reciprocal powers

           Part 4C--Chief executive's powers for vehicles, loads or other things

           Division 1--Definitions

   51GAA.  Definitions

           Division 2--Moving vehicles, loads or other things

   51G.    Moving abandoned, or otherwise stationary, vehicle, load or other thing on road

           Division 3--Recovering moving expenses

   51I.    Recovering moving expenses
   51J.    Notice to owner
   51K.    Releasing removed thing
   51L.    Disposing of removed thing
   51M.    Immediate disposal in particular circumstances

           Division 4--Other provisions

   51N.    Protection for persons exercising power under pt 4C
   51O.    Relationship with s 66
   51P.    Relationship with s 137

           Part 5--Legal proceedings

           Division 1--Offences

   52.     False or misleading statements
   53.     False or misleading documents, generally
   53A.    Proof of giving false and misleading statements and documents
   54.     Obstructing authorised officers or accredited persons
   55.     Pretending to be an authorised officer or accredited person
   56.     Using documents voided for nonpayment
   57.     Executive officer may be taken to have committed offence
   57A.    Responsibility for acts or omissions of representatives

           Division 2--Evidence and procedure

   58.     Proof of appointments unnecessary
   59.     Proof of signatures unnecessary
   60.     Evidentiary aids
   61.     Instruments
   61B.    Transport documentation
   61C.    Evidence not affected by nature of vehicle
   62.     Proceedings for offences
   62A.    Black and white reproductions of words in colour

           Part 6--General

   63.     Notice of damage
   64.     Compensation

           Chapter 4--Review of decisions

   65.     Internal review of decisions
   65A.    External review of decisions

           Chapter 5--Road use

           Part 1--Local government functions

   66.     Local laws etc.

           Part 2--Official traffic signs

   67.     Definitions
   68.     Chief executive may install or remove official traffic signs
   69.     Local government may install or remove official traffic signs
   70.     Notice to install or remove an official traffic sign
   71.     Installation of official traffic signs in case of danger
   72.     Installation of official traffic signs by prescribed persons
   72A.    Way to install official traffic sign
   73.     Obstruction of prescribed officer and destruction of official traffic signs to be an offence
   74.     Contravention of official traffic sign an offence
   75.     Unlawful installation of official traffic signs
   76.     Injury to official traffic signs

           Part 3--Driving of vehicles and animals

   77.     Restricted written or electronic release of person's prescribed authority and traffic history information
   77AA.   Restricted oral release of particular information
   77AB.   Confirming Queensland driver licence is valid
   77A.    Releasing information about Queensland driver licence or traffic history for research purposes
   78.     Driving of motor vehicle without a driver licence prohibited
   78A.    Permit to drive—recently expired driver licence
   79.     Vehicle offences involving liquor or other drugs
   79AA.   Provisions applying to supervisor of a learner
   79A.    When is a person over the limit
   79B.    Immediate suspension or disqualification
   79C.    When person is charged for s 79B
   79D.    Notice to be given of suspension or disqualification
   79E.    Court may allow particular person whose licence is suspended under s 79B to drive
   79F.    Replacement licence if there is an order under s 79E
   79G.    When person is disqualified while section 79E order applies
   80.     Breath and saliva tests, and analysis and laboratory tests
   80AA.   Limitation on use of saliva for saliva test or saliva analysis and related matters
   80A.    Obstructing the taking of a blood specimen
   80B.    Interstate exchange of information
   81.     Notices to offenders for certain first offences
   82.     Offenders may be ordered to attend training programs
   83.     Careless driving of motor vehicles
   84.     Dangerous driving of vehicles (other than motor vehicles) etc.
   84A.    Driving of motor vehicles carrying placard loads in tunnels
   85.     Racing and speed trials on roads
   86.     Disqualification of drivers of motor vehicles for certain offences
   87.     Issue of restricted licence to disqualified person
   88.     Variation of conditions
   89.     Power to disqualify person from holding or obtaining Queensland driver licence though acquitted of certain indictable offences
   90.     Power to disqualify person from holding or obtaining Queensland driver licence though complaint dismissed
   90A.    Definitions for ss 90B–90D
   90B.    Cumulative periods of disqualification for offences committed at different times
   90C.    Cumulative periods of disqualification for acts done and offences committed at same time
   90D.    Other matters about cumulative periods of disqualification
   91.     Chief executive to be advised of persons disqualified from holding Queensland driver licences etc.

           Part 3B--Alcohol ignition interlocks

           Division 1--Preliminary

   91I.    Definitions for pt 3B

           Division 2--Interlock condition

   91J.    Persons to whom div 2 applies
   91K.    Interlock condition
   91L.    Nomination of vehicle
   91M.    Interlock period
   91N.    Prescribed period
   91O.    When interlock condition ends

           Division 3--Interlock exemption

   91P.    Applying for interlock exemption
   91Q.    Deciding application for interlock exemption
   91R.    Decision on application and exemption certificate
   91S.    When interlock exemption stops having effect
   91T.    What happens when interlock exemption stops having effect

           Division 4--Extending interlock driver's prescribed period

   91U.    Grounds for extending prescribed period
   91V.    Procedure for extending prescribed period

           Division 5--Offences

   91W.    Driving a motor vehicle other than as allowed under an interlock condition
   91X.    Noncompliance with restrictions applying to interlock exemption
   91Y.    Person with interlock exemption must give notification of change in circumstances

           Division 6--Other provisions about interlocks

   91Z.    Regulations relating to interlocks

           Part 4--Road incidents

   92.     Duties and liabilities of drivers involved in road incidents
   94.     Scheme to facilitate supply of information as to road incidents

           Part 5--Traffic diversions and removal of things from roads

   96.     Diversion of traffic
   100.    Removal of things from roads

           Part 6--Regulated parking

   101.    Who may regulate parking
   102.    Parking regulation involves installing official traffic signs
   103.    Examples of how parking may be regulated
   104.    Off-street regulated parking areas
   105.    Paid parking
   106.    Paid parking offences
   107.    Owner responsible for offence
   108.    Local laws about minor traffic offences
   109.    Agreement with local government on costs of administration
   110.    Notice restricting parking in special circumstances
   111.    Parking permits for people with disabilities

           Part 7--Detection devices

           Division 1--Speed detection devices

   112.    Use of speed detection devices

           Division 2--Photographic detection devices

   113.    Definitions for div 2
   113A.   Photographic detection device defined
   114.    Offences detected by photographic detection device
   115.    Limitation of prosecution period extended in particular circumstances
   116.    Notice accompanying summons
   117.    Use of penalties collected for camera-detected offences
   118.    Photographic evidence—inspection
   119.    Notice of dispute about traffic control device or sign
   120.    Evidentiary provisions
   120A.   Average speed of motor vehicle is evidence of actual speed in certain circumstances
   121.    Application of the State Penalties Enforcement Act 1999

           Part 7A--Crossing supervisor scheme

           Division 1--Definitions

   122.    Definitions for pt 7A

           Division 2--Scheme and authorisation of persons under scheme

   122A.   Chief executive may authorise scheme
   122B.   Unauthorised person must not act as crossing supervisor
   122C.   Chief executive may refuse to authorise person under scheme
   122D.   Chief executive may impose conditions on authority
   122E.   Notice to be given about refusal or imposition of condition

           Division 3--Criminal history

   122F.   Criminal history to be disclosed by applicants and crossing supervisors
   122G.   Crossing supervisor may surrender authority

           Division 4--Amendment, suspension and cancellation of authorities

   122I.   Grounds for amending, suspending or cancelling authority
   122J.   Show cause procedure for amending, suspending or cancelling authority
   122K.   Amending, suspending or cancelling authority
   122L.   Notice to be given to crossing supervisor
   122M.   Grounds for immediate suspension of authority
   122N.   Procedure for immediate suspension of authority
   122O.   Further action after immediate suspension
   122P.   Other amendments of authorities

           Part 8--Proceedings and evidence

   123.    Records
   124.    Facilitation of proof
   124A.   Additional ground of challenge not stated in written notice required under particular provisions
   125.    When offences not to be dealt with summarily

           Part 9--General

   126.    Fraud and unlawful possession of licences
   126A.   Smartcard authority is property of the State
   127.    Effect of disqualification
   128.    Effect of disqualification on subsequent issue of Queensland driver licence
   129A.   Effect of suspension of licence under State Penalties Enforcement Act 1999
   129B.   Disqualification period for person driving more than 40km/h over speed limit
   130.    Delivery of cancelled or surrendered licences, or licences for endorsement
   131.    Reviews and appeals with respect to issue of licences etc.
   131A.   Removing absolute disqualification imposed before 13 March 2002
   133.    Business owner to record information about repairs and painting
   133A.   When information in s 133 must be recorded
   133B.   How long information in s 133 must be kept
   134.    Altering, defacing or removing identifying numbers
   135.    Unlawfully interfering with, or detaining, vehicles etc.
   136.    Agreements for detaining vehicles
   137.    Injurious matter on roads
   139.    Service of determinations, notices, orders, and directions of the commissioner or the chief executive
   140.    Service if address unknown etc.
   141.    Instruments not affected by error
   142.    Health professional's disclosure not breach of confidence
   143.    Confidentiality
   144.    Act does not apply to police officer in course of duty

           Part 10--Fees and regulations

   145.    Fees for road use
   146.    Regulating vehicle operations and road rules
   147.    Regulating vehicles etc. in public places
   148.    Regulating vehicle standards
   149.    Regulating identification of vehicles
   150.    Regulating driver management
   150AA.  Regulating young drivers
   150AC.  Driver licensing regulation prevails over rules of court
   150A.   Regulating form of licence
   150BA.  Regulating form of prescribed authority other than Queensland driver licence
   150B.   Proceedings for particular offences involving requirements about passengers

           Chapter 5A--Transporting dangerous goods

           Part 1--Preliminary

   151.    Application of ch 5A
   151A.   Regulation may include provision for tools of trade

           Part 2--Regulations and emergency orders

   152.    Regulations about dangerous goods and transport of dangerous goods

           Part 3--Exemptions

   153.    Exemptions
   153A.   Contravention of condition of exemption
   153B.   Grounds for amending, suspending or cancelling exemption
   153C.   What chief executive must do before taking proposed action, other than for class exemption
   153D.   What chief executive must do before taking proposed action for class exemption
   153E.   Decision on proposed action
   153F.   Provisions not applying to beneficial or clerical amendment
   153G.   Immediate suspension in the public interest
   153H.   Cancelling suspended exemption for failing to take remedial action

           Part 4--Offences and matters relating to legal proceedings

   154.    Failure to hold licence etc.
   156.    Duties when transporting dangerous goods
   157.    Additional evidentiary aids for transporting dangerous goods
   157A.   Document signed by chief executive is evidence of matters stated in it if no evidence to the contrary
   158.    Recovery of costs from convicted person
   160.    Exclusion orders prohibiting involvement in the transport of dangerous goods
   161.    Forfeiting dangerous goods
   161A.   Helping in emergencies or accidents

           Part 5--Improvement notices

   161B.   Improvement notices
   161C.   Contravention of improvement notice
   161D.   Improvement notice may be given by attaching to vehicle
   161E.   Cancellation of an improvement notice

           Part 6--Dangerous situation notices and relevant oral directions

   161F.   Application
   161G.   Power to give notice about dangerous situation
   161H.   Dangerous situation notice
   161I.   Contravention of dangerous situation notice
   161J.   Oral direction may be given before dangerous situation notice is served
   161K.   Cancellation of dangerous situation notice
   161L.   Additional power to require information or produce document
   161M.   Proceedings for an offence not affected by dangerous situation notice

           Part 7--Other matters

   161N.   Preventing injury and damage—taking direct action
   161O.   Recovery of costs of government action

           Chapter 5AB--Goods too dangerous to be transported

   161P.   Application of Act to goods too dangerous to be transported
   161Q.   Consignment of goods too dangerous to be transported prohibited
   161R.   Regulations about goods too dangerous to be transported

           Chapter 6--Miscellaneous

           Part 1--Court orders

           Division 1--Preliminary

   163F.   Definitions for pt 1

           Division 2--Court orders for payment

   164.    Court orders for payment

           Division 3--Road compensation order

   164AA.  Definition for div 3
   164AB.  Road compensation order
   164AC.  Assessment of compensation
   164AD.  Copy of certificate to be given to defendant
   164AE.  Limits on amount of compensation
   164AF.  Costs
   164AG.  Enforcement of compensation order and costs
   164AH.  Relationship with orders or awards of other courts and tribunals

           Division 4--Commercial benefits penalty order

   164A.   Commercial benefits penalty order

           Part 2--Other provisions

   165.    Special provision for serving documents
   166.    Official traffic sign approvals
   166A.   Toll officers
   167.    Protection from liability
   168.    Effect of failure to comply with ch 2
   168B.   Giving evidence about dangerous goods matter to external public authority
   168C.   Chief executive may give information to corresponding authority
   168D.   Contracting out in relation to prescribed dangerous goods vehicles etc. prohibited
   169.    Approval of forms
   170.    Nomination of responsible operator
   171.    Regulation-making power

           Chapter 7--Transitional and validation provisions

           Part 1--Transitional provisions for Transport Operations (Road Use Management) Act 1995

   172.    Reference provisions operate only after repeal of relevant Act
   173.    Carriage of Dangerous Goods by Road Act 1984 references
   174.    Main Roads Act 1920 references
   175.    Motor Vehicles Control Act 1975 references
   176.    Motor Vehicles Safety Act 1980 references
   177.    State Transport Act 1960 references
   178.    Transport Infrastructure (Roads) Act 1991 references
   179.    Transitional provisions for Motor Vehicle Driving Instruction School Act 1969

           Part 2--Transitional provisions for Transport Legislation Amendment Act 1998

   182.    Transitional provisions for Motor Vehicles Control Act 1975 about local laws
   183.    Transport Infrastructure (Roads) Regulation 1991
   184.    Carriage of Dangerous Goods by Road Regulation 1989—transition of approvals
   185.    Carriage of Dangerous Goods by Road Act 1984—exemptions

           Part 3--Transitional provisions for Road Transport Reform Act 1999

   186.    Definitions for pt 3
   187.    Relocation of Traffic Act provisions
   188.    Person's traffic history
   189.    Licence references
   190.    Traffic Regulation 1962
   191.    Acts or authorities under Traffic Act continue under this Act
   192.    Fees
   193.    Application of Acts Interpretation Act, s 20
   194.    Wheeled recreational devices and wheeled toys

           Part 4--Transitional provisions for Transport Operations (Road Use Management) Amendment Act 2002

   195.    Provision for particular disqualifications
   196.    Persons affected by amendment Act

           Part 5--Transitional provision for Transport Legislation Amendment Act (No. 2) 2002

   197.    What Transport Legislation Amendment Act (No. 2) 2002 applies to

           Part 6--Transitional provision for the Transport Operations (Road Use Management) and Another Act Amendment Act 2003

   198.    Evidentiary value of certificates preserved

           Part 7--Transitional provisions for the Transport Legislation Amendment Act 2005

   199.    Transitional provision for offences against s 85
   200.    Transitional provision for evidentiary certificates under s 124
   201.    Transitional provision for s 129B
   203.    Transitional power for authorised schemes and crossing supervisors

           Part 8--Transitional provisions for Maritime and Other Legislation Amendment Act 2006

   204.    Transitional provision for ss 79B–79D
   205.    Transitional provision for ss 90A–90D

           Part 9--Transitional provisions for Transport Legislation and Another Act Amendment Act 2007

   206.    Definition for pt 9
   207.    No saliva testing or saliva analysis for 1 month after commencement
   208.    Certificates under s 124
   209.    Updated text

           Part 10--Transitional provisions for Transport Legislation Amendment Act 2007

   210.    Recovering moving expenses for vehicle on prescribed road
   211.    Recovering vehicle removed from prescribed road
   212.    Transitional provision for s 57B

           Part 11--Validating provisions for Transport Legislation Amendment Act 2007

   213.    Validation provision for section 171(4)
   214.    Validation of particular codes of practice
   215.    Validation of amendments of particular codes of practice
   216.    Validation of certain acts etc.

           Part 12--Transitional provision for Criminal Code and Other Acts Amendment Act 2008

   217.    References to particular Criminal Code offence

           Part 13--Transitional provisions for the Transport and Other Legislation Amendment Act 2008, part 2, division 3

   218.    Remedial action notices
   219.    Persons exempted before commencement

           Part 15--Transitional provisions for Transport and Other Legislation Amendment Act 2010

   221.    Declaration for s 66(3)(k)
   222.    Transitional provisions relating to photographic detection devices

           Part 17--Transitional provisions for the Transport and Other Legislation (Heavy Vehicle National Law) Amendment Act 2013

   224.    Definitions for pt 17
   225.    Evidence about heavy vehicle matter
   226.    Giving information to corresponding authority about heavy vehicle matter

           Part 18--Transitional provision for Transport and Other Legislation Amendment Act 2014

   227.    Keeping register under former s 133

           Part 19--Transitional provision for Holidays and Other Legislation Amendment Act 2015

   228.    Digital photos and digitised signatures
           SCHEDULE 2--DISQUALIFYING OFFENCES UNDER THE CRIMINAL CODE—CROSSING SUPERVISORS
           SCHEDULE 3--REVIEWABLE DECISIONS
           SCHEDULE 4--DICTIONARY


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