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Queensland
Transport Legislation
Amendment Bill 2008
Queensland
Transport Legislation Amendment Bill
2008
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Part 2 Amendment of Maritime Safety Queensland Act 2002
3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
4 Amendment of long title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
5 Amendment of s 4 (Purpose of Act) . . . . . . . . . . . . . . . . . . . . . . . 8
6 Amendment of pt 2 (Maritime Safety Agency of Queensland) . . . 9
7 Amendment of s 7 (Establishment of MSQ) . . . . . . . . . . . . . . . . . 9
8 Amendment of s 10 (Appointment of general manager) . . . . . . . 9
9 Insertion of pt 5, div 1 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
10 Insertion of new pt 5, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Division 2 Transitional provisions for Transport
Legislation Amendment Act 2008, part 2
16 Change of name does not affect legal personality
etc. ................................. 10
17 References to Maritime Safety Agency of
Queensland .......................... 10
18 Recording MSQ's changed name in register . . . . . . . 10
11 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 11
Part 3 Amendment of Transport Infrastructure Act 1994
Division 1 Act amended
12 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Division 2 Amendments for tolling purposes
13 Amendment of s 92 (Definitions for pt 7) . . . . . . . . . . . . . . . . . . . 11
14 Amendment of s 93 (Tolls) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
15 Insertion of new ch 18, pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Transport Legislation Amendment Bill 2008
Contents
Part 9 Transitional provision for Transport Legislation
Amendment Act 2008, part 3, division 2
546 Transitional provision for toll roads . . . . . . . . . . . . . . . 12
Division 3 Amendments for rail purposes
16 Insertion of new ss 240E and 240F . . . . . . . . . . . . . . . . . . . . . . . 13
240E Access arrangements across proposed railway . . . . . 13
240F Cancellation of right of access . . . . . . . . . . . . . . . . . . 16
17 Amendment of s 253 (Extending roads through or over rail
corridor land) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
18 Amendment of s 255 (Interfering with railway) . . . . . . . . . . . . . . . 19
19 Amendment of sch 3 (Reviews and appeals) . . . . . . . . . . . . . . . . 19
Division 4 Amendments for busway and light rail purposes
20 Amendment of s 302 (Declaration of land as busway land) . . . . . 20
21 Amendment of s 353 (Declaration of land as light rail land) . . . . . 20
22 Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 21
Part 4 Amendment of Transport Legislation and Another Act
Amendment Act 2007
23 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
24 Omission of pt 2 (Amendment of Maritime and Other
Legislation Amendment Act 2006) . . . . . . . . . . . . . . . . . . . . . . . . 22
25 Amendment of s 57 (Amendment of s 80 (Provisions with
respect to breath tests and laboratory tests)). . . . . . . . . . . . . . . . 22
Part 5 Amendment of Transport Operations (Marine Pollution) Act
1995
26 Act amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
27 Insertion of new s 48A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
48A Ship with fixed toilet operating in prescribed nil
discharge waters to be able to hold or treat sewage . 23
28 Amendment of s 118 (Evidentiary provisions) . . . . . . . . . . . . . . . 24
29 Insertion of new pt 15A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Part 15A Appointment of analysts
132B Appointment and qualifications . . . . . . . . . . . . . . . . . 24
132C Appointment conditions . . . . . . . . . . . . . . . . . . . . . . . 24
132D When analyst stops holding office . . . . . . . . . . . . . . . 24
132E Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
30 Insertion of new s 132F . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
132F Recovery of damages . . . . . . . . . . . . . . . . . . . . . . . . 25
31 Omission of s 135 (Review of Act) . . . . . . . . . . . . . . . . . . . . . . . . 26
Page 2
Transport Legislation Amendment Bill 2008
Contents
32 Insertion of new pt 17, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Division 3 Provisions for Transport Legislation
Amendment Act 2008, part 5
154 Appointments of analysts . . . . . . . . . . . . . . . . . . . . . . 27
155 Actions done and documents made by analysts . . . . 27
156 Recovery of damages . . . . . . . . . . . . . . . . . . . . . . . . 27
33 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 27
Part 6 Amendment of Transport Operations (Marine Safety) Act
1994
34 Act amended in pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
35 Amendment of s 87A (Owner of ship lost, abandoned or
stranded) ...................................... 28
36 Insertion of new s 199B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
199B Court may make orders about apologies and other
matters ................................. 29
37 Amendment of s 202K (Variation of restrictions) . . . . . . . . . . . . . 30
38 Amendment of s 205 (False or misleading documents) . . . . . . . . 30
39 Insertion of new pt 19, div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Division 4 Provision for Transport Legislation
Amendment Act 2008, part 6
245 Making orders under s 199B . . . . . . . . . . . . . . . . . . . 31
40 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 31
Part 7 Amendment of Transport Operations (Passenger Transport)
Act 1994
41 Act amended in pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
42 Insertion of new ch 13, pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Part 5 Provision for Transport Legislation
Amendment Act 2008, part 7
180 Category C driver disqualifying offence . . . . . . . . . . . 32
43 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 33
Part 8 Amendment of Transport Operations (Road Use
Management) Act 1995
Division 1 Act amended
44 Act amended in pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Division 2 Amendment to commence on assent
45 Amendment of s 124 (Facilitation of proof). . . . . . . . . . . . . . . . . . 34
Division 3 Amendments to commence by proclamation
46 Amendment of s 18 (Grounds for amending, suspending or
cancelling approvals) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Page 3
Transport Legislation Amendment Bill 2008
Contents
47 Amendment of s 35 (Power to enter vehicles etc. other than for
vehicle inspection) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
48 Amendment of s 35B (Further powers to access stored
information or to decide if anything found in a heavy vehicle
may be seized) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
49 Insertion of new ch 3, pt 3, div 2, sdiv 6 . . . . . . . . . . . . . . . . . . . . 35
Subdivision 6 Further powers in relation to fatigue regulated
heavy vehicles
39I Application of sdiv 6 . . . . . . . . . . . . . . . . . . . . . . . . . . 35
39J Meaning of fatigue regulated heavy vehicle . . . . . . . . 36
39K Requiring person to rest for contravention of
maximum work requirement . . . . . . . . . . . . . . . . . . . . 37
39L Requiring person to rest for contravention of
minimum rest requirement . . . . . . . . . . . . . . . . . . . . . 38
39M Requiring person to stop working if impaired by
fatigue ............................... 39
39N Requiring person to stop working if work diary not
produced or unreliable . . . . . . . . . . . . . . . . . . . . . . . . 40
39O Compliance with requirement under this subdivision . 41
50 Amendment of s 49 (Power to require documents to be
produced) ..................................... 41
51 Amendment of s 53B (False or misleading transport
documentation for goods). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
52 Insertion of new s 57AB . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
57AB Definitions for sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . 42
53 Amendment of s 57B (Further liability provisions for extended
liability offences) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
54 Amendment of s 57C (Liability for inducing breaches of mass,
dimension or loading requirements--consignees) . . . . . . . . . . . . 44
55 Amendment of s 57D (Reasonable steps defence) . . . . . . . . . . . 44
56 Insertion of new ss 57DA-57DD . . . . . . . . . . . . . . . . . . . . . . . . . 45
57DA Matters court may consider for deciding whether
person took all reasonable steps--offences about
mass, dimension or loading . . . . . . . . . . . . . . . . . . . . 45
57DB Matters court may consider for deciding whether
person took all reasonable steps--offences about
heavy vehicle driver fatigue . . . . . . . . . . . . . . . . . . . . 46
57DC When person regarded to have taken all reasonable
steps--offences about heavy vehicle driver fatigue . . 48
57DD Regulation for ss 57DB and 57DC . . . . . . . . . . . . . . . 50
57 Amendment of s 57E (Inclusion of reasonable diligence) . . . . . . 50
Page 4
Transport Legislation Amendment Bill 2008
Contents
58 Amendment of s 60 (Evidentiary aids) . . . . . . . . . . . . . . . . . . . . . 50
59 Amendment of s 150 (Regulating driver management) . . . . . . . . 50
60 Renumbering of s 150AB (Driver Licensing regulation prevails
over rules of court) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
61 Insertion of new s 150AB . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
150AB Regulating management of fatigue of drivers of
heavy vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
62 Insertion of new s 150C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
150C Proceedings for particular offences involving
requirements about fatigue regulated heavy vehicles 52
63 Insertion of new ch 6, pt 1, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . 53
Part 1 Provisions for mass, dimension or loading
requirement'.
64 Insertion of new ch 6, pt 2 and pt 3, hdg . . . . . . . . . . . . . . . . . . . 53
Part 2 Provision for offences about heavy vehicle
driver fatigue
163D Deciding whether person knew or ought reasonably
to have known something. . . . . . . . . . . . . . . . . . . . . . 54
Part 3 Other provisions'.
65 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 54
Part 9 Amendment of Transport Planning and Coordination Act
1994
66 Act amended in pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
67 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 63
68 Amendment of s 25 (General powers regarding property) . . . . . . 64
69 Amendment of s 27 (Power of chief executive to lease, sell or
otherwise dispose of land) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
70 Insertion of new s 28AA (Declaration of prescribed transit node) 65
28AA Declaration of area used or to be used for particular
purposes to be prescribed transit node . . . . . . . . . . . 66
Part 10 Repeal and other minor amendments
71 Repeal of National Rail Corporation (Agreement) Act 1991. . . . . 66
72 Schedule of minor amendments. . . . . . . . . . . . . . . . . . . . . . . . . . 66
Schedule Minor amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
Tow Truck Act 1973 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
Transport Infrastructure Act 1994 . . . . . . . . . . . . . . . . . . . . . . . . . 67
Transport Operations (Marine Pollution) Act 1995 . . . . . . . . . . . . 69
Transport Operations (Passenger Transport Act) 1994 . . . . . . . . 69
Transport Operations (Road Use Management) Act 1995 . . . . . . 71
Page 5
Transport Legislation Amendment Bill 2008
Contents
Transport Planning and Coordination Act 1994 . . . . . . . . . . . . . . 71
Page 6
2008
A Bill
for
An Act to amend the Transport Infrastructure Act 1994 and the
Transport Planning and Coordination Act 1994, and to amend
other Acts and repeal an Act administered by the Minister for
Transport
Transport Legislation Amendment Bill 2008
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Transport Legislation 4
Amendment Act 2008. 5
Clause 2 Commencement 6
Part 8, division 3 commences on a day to be fixed by 7
proclamation. 8
Part 2 Amendment of Maritime Safety 9
Queensland Act 2002 10
Clause 3 Act amended in pt 2 11
This part amends the Maritime Safety Queensland Act 2002. 12
Clause 4 Amendment of long title 13
Long title, `the Maritime Safety Agency of Queensland'-- 14
omit, insert-- 15
`Maritime Safety Queensland'. 16
Clause 5 Amendment of s 4 (Purpose of Act) 17
Section 4, `the Maritime Safety Agency of Queensland'-- 18
Page 8
Transport Legislation Amendment Bill 2008
Part 2 Amendment of Maritime Safety Queensland Act 2002
[s 6]
omit, insert-- 1
`Maritime Safety Queensland'. 2
Clause 6 Amendment of pt 2 (Maritime Safety Agency of 3
Queensland) 4
Part 2, heading, `Agency of'-- 5
omit. 6
Clause 7 Amendment of s 7 (Establishment of MSQ) 7
Section 7(1), `The Maritime Safety Agency of Queensland'-- 8
omit, insert-- 9
`Maritime Safety Queensland'. 10
Clause 8 Amendment of s 10 (Appointment of general manager) 11
Section 10(1), after `MSQ'-- 12
insert-- 13
`(the general manager)'. 14
Clause 9 Insertion of pt 5, div 1 hdg 15
Part 5, before section 15-- 16
insert-- 17
`Division 1 Transitional provisions for pilotage 18
service contracts'. 19
Clause 10 Insertion of new pt 5, div 2 20
Part 5, after section 15-- 21
insert-- 22
Page 9
Transport Legislation Amendment Bill 2008
Part 2 Amendment of Maritime Safety Queensland Act 2002
[s 10]
`Division 2 Transitional provisions for 1
Transport Legislation Amendment 2
Act 2008, part 2 3
`16 Change of name does not affect legal personality 4
etc. 5
`(1) The change of name of MSQ from `Maritime Safety Agency 6
of Queensland' to `Maritime Safety Queensland' does not-- 7
(a) affect MSQ's legal personality or identity; or 8
(b) affect a right, entitlement or liability of MSQ or anyone 9
else; or 10
(c) make legal proceedings by or against MSQ defective. 11
`(2) Without limiting subsection (1), the change of name of MSQ 12
does not affect any right, entitlement, liability or benefit MSQ 13
would have had or enjoyed apart from the change of name. 14
`(3) In addition, but without limiting subsection (1), a legal 15
proceeding that could have been started or continued by or 16
against MSQ under its former name may be started or 17
continued by or against it under its new name. 18
`17 References to Maritime Safety Agency of 19
Queensland 20
`A reference in an Act or document to the Maritime Safety 21
Agency of Queensland may, if the context permits, be taken as 22
a reference to Maritime Safety Queensland. 23
`18 Recording MSQ's changed name in register 24
`(1) The registrar of titles or other person responsible for keeping a 25
register for dealings in property must, if asked by MSQ in the 26
appropriate form, and on payment of any fee, record in the 27
register, for any property vested in MSQ, the change of name 28
of MSQ from `Maritime Safety Agency of Queensland' to 29
`Maritime Safety Queensland'. 30
`(2) In this section-- 31
Page 10
Transport Legislation Amendment Bill 2008
Part 3 Amendment of Transport Infrastructure Act 1994
[s 11]
registrar of titles means a public official or authority 1
responsible for registering title to land and dealings affecting 2
land.'. 3
Clause 11 Amendment of sch 2 (Dictionary) 4
(1) Schedule 2, definition MSQ-- 5
omit. 6
(2) Schedule 2-- 7
insert-- 8
`general manager see section 10(1). 9
MSQ see section 7.'. 10
Part 3 Amendment of Transport 11
Infrastructure Act 1994 12
Division 1 Act amended 13
Clause 12 Act amended in pt 3 14
This part amends the Transport Infrastructure Act 1994. 15
Division 2 Amendments for tolling purposes 16
Clause 13 Amendment of s 92 (Definitions for pt 7) 17
Section 92, definition toll road-- 18
omit, insert-- 19
`toll road means a road, or part of a road, in relation to which 20
a toll has become payable for use of the road or part of the 21
road, under a declaration under section 93.'. 22
Page 11
Transport Legislation Amendment Bill 2008
Part 3 Amendment of Transport Infrastructure Act 1994
[s 14]
Clause 14 Amendment of s 93 (Tolls) 1
(1) Section 93(1), from `declare' to `is a toll road'-- 2
omit, insert-- 3
`declare a toll may be payable for use of any of the following'. 4
(2) Section 93(1)(c)-- 5
renumber as section 93(1)(d). 6
(3) Section 93(1)-- 7
insert-- 8
`(c) a road to be constructed under a road franchise 9
agreement;'. 10
Clause 15 Insertion of new ch 18, pt 9 11
Chapter 18-- 12
insert-- 13
`Part 9 Transitional provision for 14
Transport Legislation 15
Amendment Act 2008, part 3, 16
division 2 17
`546 Transitional provision for toll roads 18
`(1) This section applies to a road that immediately before the 19
commencement of this section continued, under section 543, 20
to be a toll road as if it had been declared to be a toll road by 21
gazette notice under section 93. 22
`(2) Despite the amendment of section 93-- 23
(a) the road continues to be a toll road as if, by gazette 24
notice under section 93, the Minister had declared a toll 25
may be payable for use of the road; and 26
(b) section 543 continues to apply to the road, including 27
section 543(3), on the basis that a reference to the toll 28
road being declared under section 93 were a reference to 29
Page 12
Transport Legislation Amendment Bill 2008
Part 3 Amendment of Transport Infrastructure Act 1994
[s 16]
the road being the subject of a declaration under section 1
93. 2
`(3) In this section-- 3
amendment of section 93 means the amendment of section 93 4
by the Transport Legislation Amendment Act 2008, part 3, 5
division 2.'. 6
Division 3 Amendments for rail purposes 7
Clause 16 Insertion of new ss 240E and 240F 8
After section 240D-- 9
insert-- 10
`240E Access arrangements across proposed railway 11
`(1) This section applies if-- 12
(a) the chief executive enters into an agreement with a 13
person about land (relevant land)-- 14
(i) that the State proposes to acquire as mentioned in 15
section 240(1)(a); or 16
(ii) that is non-rail corridor land mentioned in section 17
240(1)(b); and 18
(b) the relevant land is, or is proposed to be, future railway 19
land; and 20
(c) the person is the railway manager for a proposed railway 21
to be constructed on the relevant land; and 22
(d) the owner of land adjacent to the relevant land (the 23
land-owner)-- 24
(i) owns the relevant land; or 25
(ii) has a right of access over the relevant land; and 26
(e) the land-owner requires access across the proposed 27
railway. 28
Page 13
Transport Legislation Amendment Bill 2008
Part 3 Amendment of Transport Infrastructure Act 1994
[s 16]
`(2) The land-owner may ask the railway manager for a right of 1
access across the proposed railway. 2
`(3) The railway manager must-- 3
(a) negotiate with the land-owner about a right of access 4
across the proposed railway; and 5
(b) have regard to the relevant matters for the proposed 6
railway; and 7
(c) either-- 8
(i) provide a right of access across the proposed 9
railway; or 10
(ii) refuse to provide a right of access across the 11
proposed railway. 12
`(4) Subsection (5) applies if-- 13
(a) the railway manager and the land-owner do not agree on 14
a right of access across the proposed railway, including 15
about any conditions to which the right of access is 16
subject; or 17
(b) the railway manager refuses to provide a right of access 18
across the proposed railway. 19
`(5) The railway manager or the land-owner may ask the chief 20
executive to decide whether a right of access across the 21
proposed railway should be granted. 22
`(6) In deciding whether or not to grant a right of access across the 23
proposed railway, the chief executive-- 24
(a) must have regard to the relevant matters for the 25
proposed railway; and 26
(b) must consult with the railway manager about what, if 27
any, conditions should be imposed on the right of 28
access; and 29
(c) may ask the railway manager or the land-owner for any 30
other information the chief executive needs to make a 31
decision. 32
Page 14
Transport Legislation Amendment Bill 2008
Part 3 Amendment of Transport Infrastructure Act 1994
[s 16]
`(7) The railway manager or the land-owner must give the chief 1
executive the information the chief executive asks for. 2
`(8) The chief executive must decide-- 3
(a) to grant a right of access across the proposed railway; or 4
(b) not to grant a right of access across the proposed 5
railway; or 6
(c) not to grant a right of access across the proposed railway 7
and refer the matter of a right of access back to the 8
railway manager for further negotiation with the 9
land-owner. 10
`(9) If the chief executive decides to grant a right of access under 11
subsection (8)(a), or not to grant a right of access under 12
subsection (8)(b), the chief executive must notify, in writing, 13
the railway manager and the land-owner about the decision. 14
`(10) The railway manager must meet the full cost of any works 15
required for the purpose of a right of access granted by the 16
chief executive across the proposed railway. 17
`(11) A right of access across a proposed railway given or granted 18
under this section may be given or granted with or without 19
conditions. 20
`(12) Without limiting the conditions the chief executive may 21
impose on a right of access across a proposed railway, the 22
chief executive may impose a condition that the right of 23
access may be used only for a stated approved use. 24
`(13) In this section-- 25
railway manager includes a proposed railway manager. 26
relevant matters, for a proposed railway, means-- 27
(a) the safety and operational integrity of the proposed 28
railway; and 29
(b) the need to limit the number of level crossings across the 30
proposed railway; and 31
(c) the cost of providing a right of access across the 32
proposed railway. 33
Page 15
Transport Legislation Amendment Bill 2008
Part 3 Amendment of Transport Infrastructure Act 1994
[s 16]
`240F Cancellation of right of access 1
`(1) This section applies if relevant land under section 240E 2
becomes rail corridor land. 3
`(2) Subject to subsection (3), a right of access granted by the 4
chief executive under section 240E(8)(a) remains in force-- 5
(a) while the relevant land is rail corridor land; or 6
(b) if the relevant land becomes non-rail corridor 7
land--while the relevant land is non-rail corridor land. 8
`(3) A right of access granted by the chief executive under section 9
240E(8)(a) may be cancelled-- 10
(a) by written agreement between the relevant entity for the 11
relevant land and the holder of the right of access; or 12
(b) by the chief executive if-- 13
(i) the holder of the right of access does not comply 14
with any conditions imposed by the chief executive 15
under section 240A(8)(a) on the right of access; or 16
(ii) the chief executive considers that the use of the 17
right of access would affect the safety or 18
operational integrity of the railway on the relevant 19
land or would adversely affect another transport 20
purpose. 21
`(4) If the chief executive cancels a right of access under 22
subsection (3)(b)(ii), the owner of land affected by the 23
decision is entitled to be paid reasonable compensation for the 24
loss of the use of the right of access-- 25
(a) as agreed between the owner and the relevant entity for 26
the relevant land; or 27
(b) failing agreement under paragraph (a), as decided by the 28
Land Court. 29
`(5) For subsection (4), if the right of access was granted subject to 30
a condition that it be used only for a stated approved use, the 31
owner is entitled to be paid compensation only for the loss of 32
the approved use of the right of access. 33
Page 16
Transport Legislation Amendment Bill 2008
Part 3 Amendment of Transport Infrastructure Act 1994
[s 17]
`(6) Compensation may be claimed and ordered to be paid in a 1
proceeding brought in the Land Court. 2
`(7) In this section-- 3
relevant entity means-- 4
(a) for relevant land that is rail corridor land--both the 5
chief executive and the railway manager for the land; or 6
(b) for relevant land that becomes non-rail corridor 7
land--the chief executive.'. 8
Clause 17 Amendment of s 253 (Extending roads through or over 9
rail corridor land) 10
(1) Section 253, heading, after `land'-- 11
insert-- 12
`or non-rail corridor land'. 13
(2) Section 253(1), after `land'-- 14
insert-- 15
`or non-rail corridor land'. 16
(3) Section 253(1)(a), `a railway'-- 17
omit, insert-- 18
`relevant infrastructure on the land'. 19
(4) Section 253(1)(b), `the railway'-- 20
omit, insert-- 21
`relevant infrastructure on the land'. 22
(5) Section 253(1)(c)-- 23
omit, insert-- 24
`(c) a crossing at the same level as relevant infrastructure on 25
the land. 26
Example for paragraph (c)-- 27
a level crossing'. 28
Page 17
Transport Legislation Amendment Bill 2008
Part 3 Amendment of Transport Infrastructure Act 1994
[s 17]
(6) Section 253-- 1
insert-- 2
`(1A) Without limiting subsection (1), a permission may be granted 3
under the subsection in relation to relevant infrastructure that 4
is proposed to be on the land-- 5
(a) under a transport infrastructure strategy; or 6
(b) for non-rail corridor land that is subleased, under the 7
relevant sublease.'. 8
(7) Section 253-- 9
insert-- 10
`(2A) Without limiting subsection (2), a condition of a permission 11
for rail corridor land may provide for the future expansion of 12
the railway on the land. 13
Example-- 14
A condition may provide that the length of a bridge over a railway be 15
long enough to allow for an additional track to be laid in the future.'. 16
(8) Section 253(3), (4) and (5), `railway manager'-- 17
omit, insert-- 18
`relevant person'. 19
(9) Section 253(3A)(b), after `corridor land'-- 20
insert-- 21
`or non-rail corridor land'. 22
(10) Section 253(7)(a), `or level crossing'-- 23
omit, insert-- 24
`, structure or crossing'. 25
(11) Section 253(7)(b), from `or level crossing' to `railway'-- 26
omit, insert-- 27
`, structure or crossing away and restoring the relevant 28
infrastructure on the land'. 29
(12) Section 253(8), from `the rail corridor land' to `manager'-- 30
Page 18
Transport Legislation Amendment Bill 2008
Part 3 Amendment of Transport Infrastructure Act 1994
[s 18]
omit, insert-- 1
`rail corridor land or non-rail corridor land between the State 2
and a relevant person for the land'. 3
(13) Section 253-- 4
insert-- 5
`(9) In this section-- 6
relevant infrastructure means-- 7
(a) for rail corridor land--a railway or part of a railway on 8
the land; or 9
(b) for non-rail corridor land--any infrastructure on the 10
land. 11
relevant person means-- 12
(a) for rail corridor land--the railway manager for the land; 13
or 14
(b) for non-rail corridor land--any entity to whom the land 15
is subleased.'. 16
Clause 18 Amendment of s 255 (Interfering with railway) 17
Section 255(1)(b), after `under'-- 18
insert-- 19
`a right of access under section 240E,'. 20
Clause 19 Amendment of sch 3 (Reviews and appeals) 21
Schedule 3-- 22
Page 19
Transport Legislation Amendment Bill 2008
Part 3 Amendment of Transport Infrastructure Act 1994
[s 20]
insert-- 1
`240E(8) decision of chief executive to grant or not Land
grant a right of access across a proposed
railway, or impose conditions on a right
of access across a proposed railway
240F(3) decision of chief executive to cancel a Land'.
(b)(i) and right of access across a railway or
(ii) proposed railway, other than by
agreement with the relevant railway
manager and holder of the right of access
Division 4 Amendments for busway and light 2
rail purposes 3
Clause 20 Amendment of s 302 (Declaration of land as busway land) 4
(1) Section 302(2)(b), `necessary'-- 5
omit. 6
(2) Section 302(4)(a), from `, including'-- 7
omit, insert-- 8
`or for a purpose, or combination of purposes, that includes 9
busway purposes; or'. 10
(3) Section 302-- 11
insert-- 12
`(5) In this section-- 13
busway purposes includes busway transport infrastructure.'. 14
Clause 21 Amendment of s 353 (Declaration of land as light rail 15
land) 16
(1) Section 353(2)(b), `necessary'-- 17
omit. 18
(2) Section 353(4)(a), from `, including'-- 19
Page 20
Transport Legislation Amendment Bill 2008
Part 3 Amendment of Transport Infrastructure Act 1994
[s 22]
omit, insert-- 1
`or for a purpose, or combination of purposes, that includes 2
light rail purposes; or'. 3
(3) Section 353-- 4
insert-- 5
`(5) In this section-- 6
light rail purposes includes light rail transport infrastructure.'. 7
Clause 22 Amendment of sch 6 (Dictionary) 8
(1) Schedule 6, definition busway transport infrastructure, 9
paragraph (f)-- 10
omit, insert-- 11
`(f) other facilities, or commercial or retail outlets or works, 12
for the convenience of passengers and others who may 13
use a busway, including, for example, automatic teller 14
machines, lockers or showers for cyclists and others, 15
newsagents and wheelchair hire or exchange centres; 16
(g) landscaping or associated works for a busway.'. 17
(2) Schedule 6, definition light rail transport infrastructure, 18
paragraph (f)-- 19
omit, insert-- 20
`(f) other facilities, or commercial or retail outlets or works, 21
for the convenience of passengers and others who may 22
use a light rail, including, for example, automatic teller 23
machines, lockers or showers for cyclists and others, 24
newsagents and wheelchair hire or exchange centres; 25
(g) landscaping or associated works for a light rail.'. 26
Page 21
Transport Legislation Amendment Bill 2008
Part 4 Amendment of Transport Legislation and Another Act Amendment Act 2007
[s 23]
Part 4 Amendment of Transport 1
Legislation and Another Act 2
Amendment Act 2007 3
Clause 23 Act amended in pt 4 4
This part amends the Transport Legislation and Another Act 5
Amendment Act 2007. 6
Clause 24 Omission of pt 2 (Amendment of Maritime and Other 7
Legislation Amendment Act 2006) 8
Part 2-- 9
omit. 10
Editor's note-- 11
The legislation ultimately amended is the Transport Operations (Marine 12
Safety) Act 1994. 13
Clause 25 Amendment of s 57 (Amendment of s 80 (Provisions with 14
respect to breath tests and laboratory tests)) 15
Section 57(62) and (63)-- 16
omit. 17
Editor's note-- 18
The legislation ultimately amended is the Transport Operations (Road 19
Use Management) Act 1995. 20
Page 22
Transport Legislation Amendment Bill 2008
Part 5 Amendment of Transport Operations (Marine Pollution) Act 1995
[s 26]
Part 5 Amendment of Transport 1
Operations (Marine Pollution) 2
Act 1995 3
Clause 26 Act amended in pt 5 4
This part amends the Transport Operations (Marine 5
Pollution) Act 1995. 6
Clause 27 Insertion of new s 48A 7
After section 48-- 8
insert-- 9
`48A Ship with fixed toilet operating in prescribed nil 10
discharge waters to be able to hold or treat sewage 11
`(1) The owner or master of a section 48A ship must not operate 12
the ship in nil discharge waters for treated sewage or untreated 13
sewage from a section 48A ship, unless the owner or master 14
complies with the requirements prescribed under a regulation 15
in relation to the holding or treating of sewage on the ship. 16
Maximum penalty--850 penalty units. 17
`(2) The nil discharge waters for treated sewage or untreated 18
sewage from a section 48A ship are the coastal waters 19
prescribed under a regulation for this section. 20
`(3) In this section-- 21
fixed toilet, on a ship, means a toilet fixed permanently on 22
board the ship. 23
operate, a ship, includes anchor, berth or moor the ship. 24
section 48A ship means a ship-- 25
(a) that is not a declared ship under section 49; and 26
(b) has a fixed toilet.'. 27
Page 23
Transport Legislation Amendment Bill 2008
Part 5 Amendment of Transport Operations (Marine Pollution) Act 1995
[s 28]
Clause 28 Amendment of s 118 (Evidentiary provisions) 1
Section 118(2) and (3), after `manager'-- 2
insert-- 3
`, an analyst'. 4
Clause 29 Insertion of new pt 15A 5
After part 15-- 6
insert-- 7
`Part 15A Appointment of analysts 8
`132B Appointment and qualifications 9
`(1) The general manager may appoint a person as an analyst. 10
`(2) However, the general manager may appoint a person as an 11
analyst only if satisfied the person is qualified for 12
appointment because the person has the necessary expertise or 13
experience. 14
`132C Appointment conditions 15
`An analyst holds office on the conditions stated in the 16
analyst's instrument of appointment. 17
`132D When analyst stops holding office 18
`(1) An analyst stops holding office if any of the following 19
happens-- 20
(a) the term of office stated in a condition of office ends; 21
(b) under another condition of office, the analyst stops 22
holding office; 23
(c) the analyst's resignation under section 132E takes effect. 24
`(2) Subsection (1) does not limit the ways an analyst may stop 25
holding office. 26
Page 24
Transport Legislation Amendment Bill 2008
Part 5 Amendment of Transport Operations (Marine Pollution) Act 1995
[s 30]
`(3) In this section-- 1
condition of office means a condition on which the analyst 2
holds office. 3
`132E Resignation 4
`An analyst may resign by signed notice given to the general 5
manager.'. 6
Clause 30 Insertion of new s 132F 7
Part 16-- 8
insert-- 9
`132F Recovery of damages 10
`(1) This section applies if, because of a discharge prohibited by 11
this Act, a person-- 12
(a) suffers loss of, or damage to, property; or 13
(b) incurs costs or expenses in preventing or mitigating or in 14
attempting to prevent or mitigate any loss of, or damage 15
to, property, including the property of someone else. 16
`(2) The person may recover the following amounts as a debt 17
owing to the person-- 18
(a) the amount of the loss or damage mentioned in 19
subsection (1)(a); 20
(b) the amount of the costs or expenses, reasonably 21
incurred, mentioned in subsection (1)(b). 22
`(3) The following persons are jointly and severally liable for the 23
amounts mentioned in subsection (2)-- 24
(a) any person whose act or omission caused the discharge; 25
(b) if the discharge is from a ship-- 26
(i) the owner of the ship; 27
(ii) the master of the ship. 28
Page 25
Transport Legislation Amendment Bill 2008
Part 5 Amendment of Transport Operations (Marine Pollution) Act 1995
[s 31]
`(4) However, subsection (3) does not apply to a member of a 1
ship's crew whose act or omission caused the discharge if-- 2
(a) the member was complying with an instruction from the 3
master or of someone authorised by the master to give 4
the instruction; or 5
(b) the member was acting under the direct supervision of 6
the master or of someone authorised by the master for 7
the purpose. 8
`(5) For subsection (1)-- 9
(a) a reference to a discharge prohibited by this Act is a 10
reference to a discharge that constitutes a discharge 11
offence in the absence of a lawful defence or excuse; 12
and 13
(b) it is immaterial-- 14
(i) whether or not there would be a lawful defence or 15
excuse to a charge for a discharge offence; and 16
(ii) whether or not a person mentioned in subsection 17
(3) is prosecuted for a discharge offence.'. 18
Clause 31 Omission of s 135 (Review of Act) 19
Section 135-- 20
omit. 21
Clause 32 Insertion of new pt 17, div 3 22
Part 17-- 23
insert-- 24
`Division 3 Provisions for Transport Legislation 25
Amendment Act 2008, part 5 26
Page 26
Transport Legislation Amendment Bill 2008
Part 5 Amendment of Transport Operations (Marine Pollution) Act 1995
[s 33]
`154 Appointments of analysts 1
`An appointment of a person as an analyst made by the 2
general manager before the commencement of section 132B 3
and in force immediately before the commencement-- 4
(a) continues in force according to its terms; and 5
(b) is taken to have been made under that section. 6
`155 Actions done and documents made by analysts 7
`(1) This section applies to an action done or a document made by 8
an analyst before the commencement of section 132B. 9
`(2) The action or document-- 10
(a) continues in force or to have effect according to its 11
terms; and 12
(b) is taken to have been done or made as if the analyst had 13
been appointed under that section. 14
`156 Recovery of damages 15
`To remove any doubt, it is declared that section 132F applies 16
only in relation to a discharge prohibited by this Act that 17
happens after the commencement of that section.'. 18
Clause 33 Amendment of schedule (Dictionary) 19
(1) Schedule, definitions analyst and authorised officer-- 20
omit. 21
(2) Schedule-- 22
insert-- 23
`analyst means a person who is appointed as an analyst under 24
section 132B. 25
authorised officer means a person who is appointed as an 26
authorised officer under section 72.'. 27
Page 27
Transport Legislation Amendment Bill 2008
Part 6 Amendment of Transport Operations (Marine Safety) Act 1994
[s 34]
(3) Schedule, definition MSQ, `the Maritime Safety Agency of 1
Queensland'-- 2
omit, insert-- 3
`Maritime Safety Queensland'. 4
Part 6 Amendment of Transport 5
Operations (Marine Safety) Act 6
1994 7
Clause 34 Act amended in pt 6 8
This part amends the Transport Operations (Marine Safety) 9
Act 1994. 10
Clause 35 Amendment of s 87A (Owner of ship lost, abandoned or 11
stranded) 12
Section 87A-- 13
insert-- 14
`(4) If, under subsection (2), more than 1 person is taken to be the 15
owner of the ship, on the giving of the direction to any of the 16
owners, all of the owners are jointly and severally liable for 17
the amount of the expense mentioned in subsection (3). 18
`(5) To remove any doubt, it is declared that the registered owner 19
mentioned in subsection (2) is the person in whose name the 20
ship is registered under a law of the State or another 21
jurisdiction, whether inside or outside Australia.'. 22
Clause 36 Insertion of new s 199B 23
After section 199A-- 24
insert-- 25
Page 28
Transport Legislation Amendment Bill 2008
Part 6 Amendment of Transport Operations (Marine Safety) Act 1994
[s 36]
`199B Court may make orders about apologies and other 1
matters 2
`(1) If a person is convicted of an offence against this Act, the 3
court dealing with the matter may make an order under this 4
section in addition to-- 5
(a) any other penalty the court may impose under this Act, 6
the Penalties and Sentences Act 1992 or another Act; or 7
(b) any other order the court may make under this Act, the 8
Penalties and Sentences Act 1992 or another Act. 9
Editor's note-- 10
See section 245 if an offence was committed entirely before the 11
commencement of section 245. 12
`(2) The court may order the defendant-- 13
(a) on application only by the prosecution, to do 1 or more 14
of the following-- 15
(i) to conduct a stated advertising or education 16
campaign to promote compliance with this Act; 17
(ii) to make a stated private apology or publish a stated 18
public apology to persons affected by the 19
contravention; 20
(iii) to operate a stated ship in a particular way, 21
including putting a stated procedure or system in 22
place for or on the ship to ensure compliance with 23
this Act; 24
(iv) to repair, modify or replace a stated ship or part of 25
a ship, or repair, modify, install or replace stated 26
machinery or equipment on a stated ship, to ensure 27
compliance with this Act; 28
(v) to start or stop a stated activity in relation to a 29
stated ship; 30
(vi) not to own or operate any ship unless the general 31
manager has given written consent for the 32
ownership or operation; or 33
Page 29
Transport Legislation Amendment Bill 2008
Part 6 Amendment of Transport Operations (Marine Safety) Act 1994
[s 37]
(b) to comply with another order the court considers 1
appropriate. 2
`(3) An order under this section is subject to any limitation of 3
liability that may apply under a law of the State or the 4
Commonwealth. 5
Example-- 6
Limitation of Liability for Maritime Claims Act 1989 (Cwlth) 7
`(4) A person who contravenes an order under this section 8
commits an offence against this Act. 9
Maximum penalty for subsection (4)--3500 penalty units or 2 10
years imprisonment.'. 11
Clause 37 Amendment of s 202K (Variation of restrictions) 12
Section 202K(7), `section 202D(4)'-- 13
omit, insert-- 14
`section 202D(6)'. 15
Clause 38 Amendment of s 205 (False or misleading documents) 16
(1) Section 205(1)-- 17
omit, insert-- 18
`(1) A person must not-- 19
(a) for the purposes of this Act, give to the chief executive, 20
the general manager or an officer or employee of the 21
department or of MSQ a document containing 22
information the person knows is false or misleading in a 23
material particular; or 24
(b) state in a document that the person knows will, for the 25
purposes of this Act, be given to the chief executive, the 26
general manager or an officer or employee of the 27
department or of MSQ by someone else (the other 28
person), information the person knows is false or 29
misleading in a material particular. 30
Page 30
Transport Legislation Amendment Bill 2008
Part 6 Amendment of Transport Operations (Marine Safety) Act 1994
[s 39]
Maximum penalty--200 penalty units. 1
`(1A) For subsection (1)(b), it is immaterial whether the other 2
person knows the information is false or misleading in a 3
material particular. 4
`(1B) Also, subsection (1)(b) does not limit the Criminal Code, 5
section 7, 8 or 542, in its application to subsection (1)(a).'. 6
(2) Section 205(2), after `the document'-- 7
insert-- 8
`or making the statement'. 9
(3) Section 205(1) to (3)-- 10
renumber as section 205(1) to (5). 11
Clause 39 Insertion of new pt 19, div 4 12
Part 19-- 13
insert-- 14
`Division 4 Provision for Transport Legislation 15
Amendment Act 2008, part 6 16
`245 Making orders under s 199B 17
`An order may not be made under section 199B in relation to 18
an offence committed entirely before the commencement of 19
that section.'. 20
Clause 40 Amendment of schedule (Dictionary) 21
Schedule, definition MSQ, `the Maritime Safety Agency of 22
Queensland'-- 23
omit, insert-- 24
`Maritime Safety Queensland'. 25
Page 31
Transport Legislation Amendment Bill 2008
Part 7 Amendment of Transport Operations (Passenger Transport) Act 1994
[s 41]
Part 7 Amendment of Transport 1
Operations (Passenger 2
Transport) Act 1994 3
Clause 41 Act amended in pt 7 4
This part amends the Transport Operations (Passenger 5
Transport) Act 1994. 6
Clause 42 Insertion of new ch 13, pt 5 7
Chapter 13-- 8
insert-- 9
`Part 5 Provision for Transport Legislation 10
Amendment Act 2008, part 7 11
`180 Category C driver disqualifying offence 12
`(1) For the purposes of a reference in this Act to a category C 13
driver disqualifying offence, it is declared that the reference 14
includes a reference to a section 9 offence only if the section 9 15
offence was committed after the commencement. 16
`(2) For the purposes of a reference in this Act to a conviction of a 17
person for a category C driver disqualifying offence, it is 18
declared that the reference includes a conviction for a section 19
9 offence only if the section 9 offence was committed after the 20
commencement. 21
`(3) In this section-- 22
commencement means the commencement of the Transport 23
Legislation Amendment Act 2008, section 43. 24
section 9 offence means an offence against the Summary 25
Offences Act 2005, section 9.'. 26
Page 32
Transport Legislation Amendment Bill 2008
Part 8 Amendment of Transport Operations (Road Use Management) Act 1995
[s 43]
Clause 43 Amendment of sch 3 (Dictionary) 1
(1) Schedule 3, definition category C driver disqualifying 2
offence-- 3
insert-- 4
`(ea) an offence against the Summary Offences Act 2005, 5
section 9;'. 6
(2) Schedule 3, definition category C driver disqualifying offence, 7
paragraph (f), `or (e)'-- 8
omit, insert-- 9
`, (e) or (ea)'. 10
(3) Schedule 3, definition category C driver disqualifying offence, 11
paragraph (g), after `(e)'-- 12
insert-- 13
`, (ea)'. 14
Part 8 Amendment of Transport 15
Operations (Road Use 16
Management) Act 1995 17
Division 1 Act amended 18
Clause 44 Act amended in pt 8 19
This part amends the Transport Operations (Road Use 20
Management) Act 1995. 21
Page 33
Transport Legislation Amendment Bill 2008
Part 8 Amendment of Transport Operations (Road Use Management) Act 1995
[s 45]
Division 2 Amendment to commence on 1
assent 2
Clause 45 Amendment of s 124 (Facilitation of proof) 3
(1) Section 124(1)(l), `or the chief executive's delegate'-- 4
omit. 5
(2) Section 124(1)(l), from `appointment,' to `give it'-- 6
omit. 7
Division 3 Amendments to commence by 8
proclamation 9
Clause 46 Amendment of s 18 (Grounds for amending, suspending 10
or cancelling approvals) 11
(1) Section 18(1)(i)-- 12
renumber as section 18(1)(k). 13
(2) Section 18(1)-- 14
insert-- 15
`(i) for an approval that is an accreditation or exemption 16
granted under a fatigue management regulation--the 17
person to whom the accreditation or exemption is 18
granted or applies no longer satisfies the criteria, 19
however called, under the regulation for the grant of the 20
accreditation or exemption; 21
`(j) for an approval that is an exemption granted under a 22
fatigue management regulation-- 23
(i) a change in circumstances has happened after the 24
exemption was granted; and 25
(ii) had the changed circumstances existed when the 26
exemption was granted, the exemption would not 27
have been granted under the regulation because of 28
Page 34
Transport Legislation Amendment Bill 2008
Part 8 Amendment of Transport Operations (Road Use Management) Act 1995
[s 47]
the requirements under the regulation applying to 1
the grant.'. 2
Clause 47 Amendment of s 35 (Power to enter vehicles etc. other 3
than for vehicle inspection) 4
Section 35(2)(e)-- 5
insert-- 6
`Example-- 7
download information contained on a disk, tape or other device 8
in the vehicle'. 9
Clause 48 Amendment of s 35B (Further powers to access stored 10
information or to decide if anything found in a heavy 11
vehicle may be seized) 12
Section 35B, heading and subsection (1)(a), after `access'-- 13
insert-- 14
`or download'. 15
Clause 49 Insertion of new ch 3, pt 3, div 2, sdiv 6 16
After section 39H-- 17
insert-- 18
`Subdivision 6 Further powers in relation to fatigue 19
regulated heavy vehicles 20
`39I Application of sdiv 6 21
`This subdivision applies to a fatigue regulated heavy vehicle 22
regardless of whether the vehicle is, has been, or becomes the 23
subject of a direction or requirement given or made by an 24
authorised officer under another provision of this part. 25
Page 35
Transport Legislation Amendment Bill 2008
Part 8 Amendment of Transport Operations (Road Use Management) Act 1995
[s 49]
`39J Meaning of fatigue regulated heavy vehicle 1
`(1) A heavy vehicle is a fatigue regulated heavy vehicle if it is 2
any of the following-- 3
(a) a motor vehicle with a GVM of more than 12t; 4
(b) a combination with a GVM of more than 12t; 5
(c) a bus. 6
`(2) However, subject to subsection (3), a heavy vehicle is not a 7
fatigue regulated heavy vehicle if it is any of the following-- 8
(a) a tram; 9
(b) a motor vehicle that-- 10
(i) is built, or has been modified, primarily to operate 11
as a machine or implement off-road, on a 12
road-related area, or on an area of road that is 13
under construction; and 14
(ii) is not capable of carrying goods or passengers by 15
road; 16
Examples for paragraph (b)-- 17
agricultural machine, backhoe, bulldozer, excavator, forklift, 18
front-end loader, grader, tractor, motor vehicle registered as a 19
special purpose vehicle (type p) 20
(c) a motor home. 21
`(3) A truck, or a combination including a truck, that has a 22
machine or implement attached to it is a fatigue regulated 23
heavy vehicle-- 24
(a) if the GVM of the truck or combination with the 25
attached machine or implement is more than 12t; and 26
(b) whether or not the truck or combination has been built 27
or modified primarily to operate as a machine or 28
implement off-road, on a road-related area, or on an area 29
of road that is under construction. 30
Examples for subsection (3)-- 31
truck-mounted crane, truck-mounted drilling rig 32
Page 36
Transport Legislation Amendment Bill 2008
Part 8 Amendment of Transport Operations (Road Use Management) Act 1995
[s 49]
`(4) For subsection (2)(c), a motor home-- 1
(a) is a rigid or articulated motor vehicle or combination 2
that is built, or has been modified, primarily for 3
residential purposes; and 4
(b) does not include a motor vehicle that is merely a motor 5
vehicle constructed with a sleeper berth. 6
`39K Requiring person to rest for contravention of 7
maximum work requirement 8
`(1) This section applies if an authorised officer reasonably 9
believes the person in control of a fatigue regulated heavy 10
vehicle has contravened a maximum work requirement by 11
working for a period in excess of the maximum period 12
allowed under the requirement. 13
`(2) If the authorised officer reasonably believes the contravention 14
is a critical risk breach or severe risk breach, the authorised 15
officer must, by notice in the approved form, require the 16
person-- 17
(a) to immediately take a stated period of rest in accordance 18
with a minimum rest requirement applying to the 19
person; and 20
(b) to work for a stated shorter period when the person next 21
works to compensate for the excess period worked. 22
`(3) If the authorised officer reasonably believes the contravention 23
is a substantial risk breach or minor risk breach, the 24
authorised officer may, by notice in the approved form, 25
require the person-- 26
(a) to immediately take a stated period of rest in accordance 27
with a minimum rest requirement applying to the 28
person; and 29
(b) to work for a stated shorter period when the person next 30
works to compensate for the excess period worked. 31
Page 37
Transport Legislation Amendment Bill 2008
Part 8 Amendment of Transport Operations (Road Use Management) Act 1995
[s 49]
`39L Requiring person to rest for contravention of 1
minimum rest requirement 2
`(1) This section applies if an authorised officer reasonably 3
believes the person in control of a fatigue regulated heavy 4
vehicle has contravened a minimum rest requirement by 5
taking a period of rest that is shorter than the minimum period 6
of rest required under the requirement. 7
`(2) If the authorised officer reasonably believes the contravention 8
is a critical risk breach or severe risk breach, the authorised 9
officer must, by notice in the approved form, require the 10
person-- 11
(a) to immediately take a stated period of rest to 12
compensate for the shortfall between the period of rest 13
taken by the person and the minimum period of rest 14
required under the minimum rest requirement; and 15
(b) if the person has failed to take 1 or more night rest 16
breaks required under a minimum rest requirement--to 17
take 1 or more night rest breaks to compensate for the 18
shortfall between the number of night rest breaks taken 19
by the person and the number of night rest breaks 20
required under the minimum rest requirement. 21
`(3) If the authorised officer reasonably believes the contravention 22
is a substantial risk breach or minor risk breach, the 23
authorised officer may, by notice in the approved form, 24
require the person-- 25
(a) to immediately take a stated period of rest to 26
compensate for the shortfall between the period of rest 27
taken by the person and the minimum period of rest 28
required under the minimum rest requirement; or 29
(b) to take a stated period of additional rest, at the next rest 30
break the person is required to take under a fatigue 31
management regulation, to compensate for the shortfall 32
between the period of rest taken by the person and the 33
minimum period of rest required under the minimum 34
rest requirement; or 35
Page 38
Transport Legislation Amendment Bill 2008
Part 8 Amendment of Transport Operations (Road Use Management) Act 1995
[s 49]
(c) if the person has failed to take 1 or more night rest 1
breaks required under a minimum rest requirement--to 2
take 1 or more night rest breaks to compensate for the 3
shortfall between the number of night rest breaks taken 4
by the person and the number of night rest breaks 5
required under the minimum rest requirement. 6
`(4) In this section-- 7
night rest break, in relation to a minimum rest requirement, 8
has the meaning given by the fatigue management regulation 9
prescribing the minimum rest requirement. 10
`39M Requiring person to stop working if impaired by 11
fatigue 12
`(1) This section applies if an authorised officer reasonably 13
believes the person in control of a fatigue regulated heavy 14
vehicle is impaired by fatigue. 15
`(2) The authorised officer may, by notice in the approved form-- 16
(a) require the person to immediately stop work and not 17
work again for a stated period; and 18
(b) if the officer has observed the person driving in a way 19
the officer considers on reasonable grounds to be 20
dangerous, require the person to also immediately stop 21
being in control of the vehicle. 22
`(3) A stated period under subsection (2)(a) must be a reasonable 23
period having regard to the following-- 24
(a) the periods of rest the person was required to take under 25
minimum rest requirements applying to the person 26
during the 24 hours leading up to the notice being given; 27
(b) the periods of rest the officer reasonably believes the 28
person has taken during the 24 hours leading up to the 29
notice being given; 30
(c) the periods the person was allowed to work under 31
maximum work requirements applying to the person 32
during the 24 hours leading up to the notice being given; 33
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(d) the periods the officer reasonably believes the person 1
has worked during the 24 hours leading up to the notice 2
being given; 3
(e) the degree to which the person appears to be fatigued to 4
the authorised officer; 5
(f) any other relevant matters. 6
`(4) If the authorised officer gives a notice under subsection (2)(b), 7
the authorised officer may authorise a person to move the 8
vehicle to a suitable rest place for fatigue regulated heavy 9
vehicles but only if the person is qualified and fit to drive the 10
vehicle. 11
`(5) A fatigue management regulation may prescribe the matters to 12
which the authorised officer, or a court, must or may have 13
regard when deciding whether or not a person was impaired 14
by fatigue for this section. 15
`39N Requiring person to stop working if work diary not 16
produced or unreliable 17
`(1) This section applies if-- 18
(a) an authorised officer has, under section 49, asked the 19
person in control of a fatigue regulated heavy vehicle to 20
produce a work diary the person is required to keep 21
under a fatigue management regulation; and 22
(b) either-- 23
(i) the person has failed to produce the diary without a 24
reasonable excuse; or 25
(ii) the person produces a document that the authorised 26
officer reasonably believes is not the work diary 27
the person is required to keep under a fatigue 28
management regulation; or 29
(iii) the authorised officer reasonably believes the work 30
diary, or purported work diary, produced by the 31
person can not be relied on as an accurate record of 32
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the time the person recently spent working or 1
resting. 2
Examples for subparagraph (iii)-- 3
· information in the work diary appears to be incorrect 4
· particular information appears to be missing from the 5
work diary 6
· the work diary appears to have been tampered with 7
`(2) The authorised officer may, by notice in the approved form, 8
require the person to immediately stop work and to not work 9
again for a stated period of up to 24 hours. 10
`39O Compliance with requirement under this subdivision 11
`(1) A person given a notice under this subdivision must comply 12
with the notice unless the person has a reasonable excuse. 13
Maximum penalty--120 penalty units. 14
`(2) An authorised officer who gives a person a notice under 15
section 39K, 39L or 39N may, by stating it in the notice, allow 16
the person to delay complying with the notice for a period of 17
up to 1 hour if the authorised officer reasonably believes-- 18
(a) the delay is necessary to allow the person time to drive 19
the relevant fatigue regulated heavy vehicle to the 20
nearest suitable rest place for fatigue regulated heavy 21
vehicles and it is reasonably safe to allow the person to 22
continue driving the vehicle to that place; or 23
(b) the delay is necessary to allow the person time to attend 24
to, or to secure, the load on the relevant fatigue regulated 25
heavy vehicle before taking a rest.'. 26
Clause 50 Amendment of s 49 (Power to require documents to be 27
produced) 28
Section 49(1), examples, `log book'-- 29
omit, insert-- 30
`logbook or work diary'. 31
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Clause 51 Amendment of s 53B (False or misleading transport 1
documentation for goods) 2
Section 53B(4), after `Each'-- 3
insert-- 4
`loading manager or'. 5
Clause 52 Insertion of new s 57AB 6
After section 57AA-- 7
insert-- 8
`57AB Definitions for sdiv 2 9
`In this subdivision-- 10
extended liability offence means-- 11
(a) an offence against section 162D; or 12
(b) an offence committed by the person in control of a 13
heavy vehicle because there has been a contravention of 14
a mass, dimension or loading requirement in relation to 15
the vehicle; or 16
(c) an offence committed by the person in control of a 17
fatigue regulated heavy vehicle because there has been a 18
contravention of a fatigue management requirement in 19
relation to the vehicle. 20
influencing person-- 21
(a) in relation to a heavy vehicle generally, means any or all 22
of the following persons-- 23
(i) the owner of the heavy vehicle or, if the heavy 24
vehicle is a combination, the owner of a vehicle 25
forming part of the combination; 26
(ii) the registered operator of the heavy vehicle or, if 27
the heavy vehicle is a combination, the registered 28
operator of a vehicle forming part of the 29
combination; 30
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(iii) a person, other than the owner or registered 1
operator, who controls or directly influences the 2
operation of the heavy vehicle; and 3
Example-- 4
the operator of the heavy vehicle 5
(b) for an offence against section 162D or relating to a 6
contravention of a mass, dimension or loading 7
requirement involving a heavy vehicle, includes any or 8
all of the following persons-- 9
(i) the consignor of any goods in the heavy vehicle; 10
(ii) the packer of any goods in the heavy vehicle; 11
(iii) the loading manager of any goods in the heavy 12
vehicle; 13
(iv) the loader of any goods in the heavy vehicle; and 14
(c) for an offence relating to a contravention of a maximum 15
work requirement or minimum rest requirement 16
involving a heavy vehicle, includes any or all of the 17
following persons-- 18
(i) the employer of the driver of the heavy vehicle; 19
(ii) a person who schedules the transport of any goods 20
or passengers by the heavy vehicle; 21
(iii) a person who schedules the work and rest times of 22
the driver of the heavy vehicle; 23
(iv) the consignor of any goods in the heavy vehicle; 24
(v) the consignee of any goods in the heavy vehicle; 25
(vi) the loading manager of any goods in the heavy 26
vehicle; and 27
(d) for an offence relating to a contravention of a work and 28
rest hours option requirement involving a heavy vehicle, 29
includes any or all of the following persons-- 30
(i) the employer of the driver of the heavy vehicle; 31
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[s 53]
(ii) a person who schedules the transport of any goods 1
or passengers by the heavy vehicle; 2
(iii) a person who schedules the work and rest times of 3
the driver of the heavy vehicle; and 4
(e) for an offence relating to a contravention of a work diary 5
requirement involving a heavy vehicle, includes any or 6
all of the following persons-- 7
(i) the employer of the driver of the heavy vehicle; 8
(ii) a person who schedules the transport of any goods 9
or passengers by the heavy vehicle; 10
(iii) a person who schedules the work and rest times of 11
the driver of the heavy vehicle.'. 12
Clause 53 Amendment of s 57B (Further liability provisions for 13
extended liability offences) 14
(1) Section 57B(3), definitions associate, holding company, 15
security interest and subsidiary-- 16
relocate to section 57AB. 17
(2) Section 57B(3), as amended-- 18
omit. 19
Clause 54 Amendment of s 57C (Liability for inducing breaches of 20
mass, dimension or loading requirements--consignees) 21
Section 57C(3)-- 22
omit. 23
Clause 55 Amendment of s 57D (Reasonable steps defence) 24
(1) Section 57D(2)-- 25
omit. 26
(2) Section 57D(3)-- 27
renumber as section 57D(2). 28
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Clause 56 Insertion of new ss 57DA-57DD 1
After section 57D-- 2
insert-- 3
`57DA Matters court may consider for deciding whether 4
person took all reasonable steps--offences about 5
mass, dimension or loading 6
`(1) Without limiting section 57D, in deciding whether things 7
done or omitted to be done by a person charged with a mass, 8
dimension or loading offence constitute reasonable steps, the 9
court may have regard to the following-- 10
(a) the circumstances of the alleged offence, including any 11
risk category for the contravention constituting the 12
offence; 13
(b) without limiting paragraph (a), the measures available 14
and measures taken for any or all of the following-- 15
(i) to accurately and safely weigh or measure the 16
heavy vehicle or its load, or to safely restrain the 17
load in the heavy vehicle; 18
(ii) to provide and obtain sufficient and reliable 19
evidence from which the weight or measurement 20
of the heavy vehicle or its load might be 21
calculated; 22
(iii) to manage, reduce or eliminate a potential 23
contravention arising from the location of the 24
heavy vehicle, or from the location of the load in 25
the heavy vehicle, or from the location of goods in 26
the load; 27
(iv) to manage, reduce or eliminate a potential 28
contravention arising from weather and climatic 29
conditions, or from potential weather and climatic 30
conditions, affecting or potentially affecting the 31
weight or measurement of the load; 32
(v) to exercise supervision or control over others 33
involved in activities leading to the contravention; 34
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(c) the measures available and measures taken for any or all 1
of the following-- 2
(i) to include compliance assurance conditions in 3
relevant commercial arrangements with other 4
responsible persons for heavy vehicles; 5
(ii) to provide information, instruction, training and 6
supervision to employees to enable compliance 7
with relevant laws; 8
(iii) to maintain equipment and work systems to enable 9
compliance with relevant laws; 10
(iv) to address and remedy similar compliance 11
problems that may have happened in the past; 12
(d) whether the person charged had, either personally or 13
through an agent or employee, custody or control of the 14
heavy vehicle, its load, or any goods included or to be 15
included in the load; 16
(e) the personal expertise and experience that the person 17
charged had or ought to have had or that an agent or 18
employee of the person charged had or ought to have 19
had. 20
`(2) In this section-- 21
mass, dimension or loading offence means-- 22
(a) an offence against section 53B(2), (3), (4) or (5) or 23
53C(1) or (2); or 24
(b) an offence against section 57B(2) relating to a 25
contravention of a mass, dimension or loading 26
requirement; or 27
(c) an offence against section 162D(1). 28
`57DB Matters court may consider for deciding whether 29
person took all reasonable steps--offences about 30
heavy vehicle driver fatigue 31
`(1) Without limiting section 57D, in deciding whether things 32
done or omitted to be done by a person charged with a fatigue 33
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management offence constitute reasonable steps, the court 1
may have regard to the following-- 2
(a) the nature of the activity to which the contravention 3
constituting the offence relates; 4
(b) the risks to safety associated with the activity mentioned 5
in paragraph (a); 6
(c) the likelihood of the risks to safety mentioned in 7
paragraph (b) arising; 8
(d) the degree of harm likely to result from the risks to 9
safety mentioned in paragraph (b) arising; 10
(e) the circumstances of the alleged offence, including any 11
risk category for the contravention constituting the 12
offence; 13
(f) the measures available and measures taken-- 14
(i) to prevent, eliminate or minimise the likelihood of 15
a potential contravention happening; or 16
(ii) to eliminate or minimise the likelihood of a risk to 17
safety arising from a potential contravention; or 18
(iii) to manage, minimise or eliminate a risk to safety 19
arising from a potential contravention; 20
(g) the measures available and measures taken for any or all 21
of the following-- 22
(i) to include compliance assurance conditions in 23
relevant commercial arrangements with other 24
responsible persons for fatigue regulated heavy 25
vehicles; 26
(ii) to provide information, instruction, training and 27
supervision to employees to enable compliance 28
with relevant laws; 29
(iii) to maintain equipment and work systems to enable 30
compliance with relevant laws; 31
(iv) to address and remedy similar compliance 32
problems that may have happened in the past; 33
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(h) the personal expertise and experience that the person 1
charged had or ought to have had or that an agent or 2
employee of person had or ought to have had; 3
(i) the costs of measures mentioned in paragraph (f); 4
(j) any accreditation scheme, scientific knowledge, expert 5
opinion, guidelines, standards or other knowledge about 6
preventing or managing exposure to risks to safety 7
arising from fatigue; 8
(k) any other matter the court must or may consider when 9
deciding whether or not a person has contravened the 10
fatigue management requirement to which the offence 11
relates. 12
`(2) In this section-- 13
risk category, for a contravention of a fatigue management 14
requirement of a fatigue management regulation, means 1 of 15
the following categories-- 16
(a) minor risk breach; 17
(b) substantial risk breach; 18
(c) severe risk breach; 19
(d) critical risk breach. 20
`57DC When person regarded to have taken all reasonable 21
steps--offences about heavy vehicle driver fatigue 22
`(1) Without limiting the circumstances in which things done or 23
omitted to be done by a person charged with a fatigue 24
management offence constitute reasonable steps, the person is 25
to be regarded as having taken all reasonable steps if the 26
person did all of the following to prevent the act or omission 27
that led to the contravention to which the offence relates-- 28
(a) identified and assessed the aspects of the activities of the 29
person, and relevant drivers for the person, that may lead 30
to the contravention of a fatigue management 31
requirement by a relevant driver for the person; 32
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(b) for each aspect identified and assessed under paragraph 1
(a), identified and assessed-- 2
(i) the risk of the aspect leading to a contravention of 3
a fatigue management requirement by a relevant 4
driver for the person; and 5
(ii) if there is a substantial risk of the aspect leading to 6
a contravention of a fatigue management 7
requirement by a relevant driver for the 8
person--the measures the person may take to 9
eliminate the risk or, if it not reasonably possible to 10
eliminate the risk, to minimise the risk; 11
(c) carried out the identification and assessment mentioned 12
in paragraphs (a) and (b)-- 13
(i) at least annually; and 14
(ii) after each event that indicated the way the 15
activities of the person or relevant driver are being 16
carried out have led, or may lead, to a 17
contravention of a fatigue management 18
requirement by the relevant driver; 19
(d) took the measures identified and assessed under 20
paragraph (b)(ii); 21
(e) documented each action the person has taken under this 22
section-- 23
(i) during the past 3 years; or 24
(ii) if 3 years have not passed since the 25
commencement of this section--from the 26
commencement of this section. 27
`(2) In this section-- 28
driver means the person in control of a fatigue regulated 29
heavy vehicle. 30
relevant driver, for a person charged with a fatigue 31
management offence, means a driver of a fatigue regulated 32
heavy vehicle in relation to which the person is an influencing 33
person under section 57AB. 34
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`57DD Regulation for ss 57DB and 57DC 1
`For sections 57DB and 57DC, a regulation may provide 2
for-- 3
(a) the ways, or examples of ways, a person may identify 4
and assess the aspects of activities of the person, or 5
relevant drivers for the person, that may lead to a 6
contravention of a fatigue management requirement by a 7
relevant driver for the person; and 8
(b) the measures, or examples of measures, a person may 9
take to eliminate or minimise risks of aspects of 10
activities of the person, or relevant drivers for the 11
person, leading to a contravention of a fatigue 12
management requirement by a relevant driver for the 13
person.'. 14
Clause 57 Amendment of s 57E (Inclusion of reasonable diligence) 15
Section 57E, after `liability'-- 16
insert-- 17
`, or is not liable,'. 18
Clause 58 Amendment of s 60 (Evidentiary aids) 19
Section 60(7), example, `log book'-- 20
omit, insert-- 21
`logbook or work diary'. 22
Clause 59 Amendment of s 150 (Regulating driver management) 23
Section 150(1)(g)-- 24
omit, insert-- 25
`(g) providing for the management of fatigue of drivers of 26
heavy vehicles.'. 27
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Clause 60 Renumbering of s 150AB (Driver Licensing regulation 1
prevails over rules of court) 2
Section 150AB-- 3
renumber as section 150AC. 4
Clause 61 Insertion of new s 150AB 5
After section 150AA-- 6
insert-- 7
`150AB Regulating management of fatigue of drivers of 8
heavy vehicles 9
`(1) A regulation made under this part, to the extent that it is about 10
the management of fatigue of drivers of heavy vehicles, may 11
provide for the following-- 12
(a) rules requiring drivers of fatigue regulated heavy 13
vehicles to take stated minimum periods of rest and to 14
work no longer than stated maximum periods; 15
(b) rules requiring that drivers be in a fit state of health and 16
wellbeing to drive fatigue regulated heavy vehicles 17
safely; 18
(c) the keeping and production of work diaries and other 19
records; 20
(d) rules requiring any or all of the following persons to 21
ensure drivers of fatigue regulated heavy vehicles 22
comply with a regulation under this part-- 23
(i) employers of the drivers; 24
(ii) operators of the vehicles; 25
(iii) persons who schedule the transport of goods or 26
passengers by the vehicles; 27
(iv) persons who schedule the work and rest times of 28
the drivers; 29
(v) consignors or consignees of goods in the vehicles; 30
(vi) loading managers of goods in the vehicles; 31
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(e) rules for ensuring a person's activities do not cause or 1
encourage drivers of fatigue regulated heavy vehicles to 2
contravene a requirement under a regulation made under 3
this part; 4
(f) matters to which the court must or may have regard 5
when deciding whether or not a person has contravened 6
a requirement under a regulation made under this part; 7
(g) the recognition of an entity whose members include the 8
chief executive and corresponding authorities 9
responsible for the administration of laws relating to the 10
management of fatigue of drivers of heavy vehicles, and 11
other matters in relation to the recognised entity and 12
decisions made by it. 13
`(2) The power to make a regulation providing for rules requiring a 14
person to ensure something includes the power to provide for 15
rules-- 16
(a) requiring a person to take all reasonable steps to ensure 17
the thing; and 18
(b) otherwise encouraging the person to take action that will 19
in effect ensure the thing.'. 20
Clause 62 Insertion of new s 150C 21
Chapter 5, part 10, after section 150B-- 22
insert-- 23
`150C Proceedings for particular offences involving 24
requirements about fatigue regulated heavy vehicles 25
`(1) This section applies in relation to proceedings for an offence 26
against a fatigue management regulation that may be 27
committed by a person failing to take all reasonable steps to 28
ensure that another person does not drive a fatigue regulated 29
heavy vehicle while impaired by fatigue. 30
`(2) In relation to proof of whether the person took all reasonable 31
steps to ensure that another person did not drive a fatigue 32
regulated heavy vehicle while impaired by fatigue, the fatigue 33
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[s 63]
management regulation may prescribe either or both of the 1
following-- 2
(a) evidence that, at the relevant time, the person complied 3
with a prescribed corresponding obligation is evidence 4
the person took the reasonable steps; 5
(b) evidence that, at the relevant time, the person complied 6
with the conditions of an accreditation granted to the 7
person under a fatigue management regulation is 8
evidence the person took the reasonable steps. 9
`(3) Also, the fatigue management regulation may provide that it is 10
not necessary in proceedings mentioned in subsection (1) for 11
the prosecution to prove that the other person drove, or would 12
or may have driven, the vehicle while impaired by fatigue. 13
`(4) In this section-- 14
prescribed corresponding obligation means a duty or 15
obligation under a corresponding law to a fatigue 16
management regulation that is prescribed under the fatigue 17
management regulation for subsection (2).'. 18
Clause 63 Insertion of new ch 6, pt 1, hdg 19
Before section 163B-- 20
insert-- 21
`Part 1 Provisions for mass, dimension 22
or loading requirement'. 23
Clause 64 Insertion of new ch 6, pt 2 and pt 3, hdg 24
After section 163C-- 25
insert-- 26
`Part 2 Provision for offences about 27
heavy vehicle driver fatigue 28
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`163D Deciding whether person knew or ought reasonably 1
to have known something 2
`(1) This section applies in relation to proceedings for an offence 3
mentioned in paragraph (a) or (b) if it is relevant to prove that 4
someone ought reasonably to have known something-- 5
(a) an offence against section 57B(2) relating to a 6
contravention of a maximum work requirement, 7
minimum rest requirement or work diary requirement; 8
(b) an offence against a fatigue management regulation. 9
`(2) A court must consider the following when deciding whether 10
the person ought reasonably to have known the thing-- 11
(a) the person's abilities, experience, expertise, knowledge, 12
qualifications and training; 13
(b) the circumstances of the offence; 14
(c) any other matter prescribed under a fatigue management 15
regulation. 16
`Part 3 Other provisions'. 17
Clause 65 Amendment of sch 4 (Dictionary) 18
(1) Schedule 4-- 19
insert-- 20
`accreditation record requirement means a requirement of a 21
fatigue management regulation relating to the person in 22
control of a fatigue regulated vehicle keeping a record of the 23
maximum work periods and minimum rest periods applying 24
to the person under an AFM accreditation. 25
AFM accreditation means an accreditation granted, under a 26
fatigue management regulation, to an operator of a fatigue 27
regulated heavy vehicle that provides for the application of 28
alternative maximum work periods and alternative minimum 29
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rest periods to the person in control of the fatigue regulated 1
heavy vehicle. 2
alternative maximum work period, in relation to the person in 3
control of a fatigue regulated heavy vehicle, means the 4
maximum period for which the person may work that is 5
different to the maximum period of work that would apply to 6
the person under the standard work and rest hours 7
arrangements. 8
alternative minimum rest period, in relation to the person in 9
control of a fatigue regulated heavy vehicle, means the 10
minimum period for which the person must rest that is 11
different to the minimum period of rest that would apply to 12
the driver under the standard work and rest hours 13
arrangements. 14
associate, for chapter 3, part 5, division 1, subdivision 2, see 15
section 57AB. 16
consignee, in relation to goods transported or to be 17
transported by a heavy vehicle-- 18
(a) means the person who-- 19
(i) has consented to being, and is, named or otherwise 20
identified as the intended consignee of the goods in 21
the transport documentation for the consignment; 22
or 23
(ii) actually receives the goods after they are 24
transported by the heavy vehicle; but 25
(b) does not include a person who merely unloads or 26
unpacks the goods. 27
critical risk breach, for a maximum work requirement or 28
minimum rest requirement, means a contravention of the 29
requirement declared under a fatigue management regulation 30
to be a critical risk breach. 31
extended liability offence, for chapter 3, part 5, division 1, 32
subdivision 2, see section 57AB. 33
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fatigue management offence means an offence against 1
section 57B(2) relating to a contravention of a fatigue 2
management requirement. 3
fatigue management regulation means a regulation made 4
under chapter 5, part 10, about the management of fatigue of 5
drivers of heavy vehicles. 6
fatigue management requirement means-- 7
(a) accreditation record requirement; or 8
(b) maximum work requirement; or 9
(c) minimum rest requirement; or 10
(d) work and rest hours option requirement; or 11
(e) work diary requirement. 12
fatigue regulated heavy vehicle see section 39J. 13
holding company, for chapter 3, part 5, division 1, subdivision 14
2, see section 57AB. 15
impaired by fatigue, in relation to a person in control of a 16
fatigue regulated heavy vehicle-- 17
(a) for an offence against a fatigue management 18
regulation--has the meaning given by the regulation; or 19
(b) otherwise--means the person is fatigued to the extent 20
that the person is incapable of driving the fatigue 21
regulated heavy vehicle safely. 22
influencing person, for chapter 3, part 5, division 1, 23
subdivision 2, see section 57AB. 24
loading manager means-- 25
(a) for goods in a fatigue regulated heavy vehicle-- 26
(i) a person who manages, or is responsible for the 27
operation of, premises, or part of premises, at 28
which the goods are loaded onto the vehicle or 29
unloaded from the vehicle; or 30
(ii) a person who has been assigned by a person 31
mentioned in subparagraph (i) as responsible for 32
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supervising, managing or controlling, directly or 1
indirectly, activities carried out by a loader or 2
unloader of the goods; and 3
(b) for goods in another heavy vehicle-- 4
(i) a person who manages, or is responsible for the 5
operation of, premises, or part of premises, at 6
which the goods are loaded onto the vehicle; or 7
(ii) a person who has been assigned by a person 8
mentioned in subparagraph (i) as responsible for 9
supervising, managing or controlling, directly or 10
indirectly, activities carried out by a loader of the 11
goods. 12
maximum work requirement means a requirement of a 13
fatigue management regulation relating to the maximum 14
period a driver, or two-up driver, of a fatigue regulated heavy 15
vehicle may drive a fatigue regulated heavy vehicle, or 16
otherwise work, without taking a rest. 17
minimum rest requirement means a requirement of a fatigue 18
management regulation relating to the minimum period a 19
driver, or two-up driver, of a fatigue regulated heavy vehicle 20
must rest to break up the period of time the driver, or two-up 21
driver, drives a fatigue regulated heavy vehicle or otherwise 22
works. 23
security interest, for chapter 3, part 5, division 1, subdivision 24
2, see section 57AB. 25
standard work and rest arrangements means the maximum 26
periods of work and minimum periods of rest applying to 27
persons in control of fatigue regulated heavy vehicles 28
operating other than under an accreditation granted under a 29
fatigue management regulation. 30
subsidiary, for chapter 3, part 5, division 1, subdivision 2, see 31
section 57AB. 32
suitable rest place, for fatigue regulated heavy vehicles, 33
means-- 34
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[s 65]
(a) a rest area that is designated by the chief executive for 1
use by a fatigue regulated heavy vehicle and able to be 2
used by a fatigue regulated heavy vehicle; or 3
(b) a place at which a fatigue regulated heavy vehicle may 4
be safely parked; or 5
(c) another place prescribed under a fatigue management 6
regulation to be a suitable rest place for fatigue 7
regulated heavy vehicles. 8
unloader, of goods in a heavy vehicle, means a person who-- 9
(a) unloads from the vehicle goods that have been 10
transported by road; or 11
(b) unloads from a bulk container or freight container on the 12
vehicle, or a tank that is part of the vehicle, goods that 13
have been transported by road; or 14
(c) unloads from the vehicle a freight container, whether or 15
not it contains goods, that has been transported by road. 16
work, in relation to a fatigue regulated heavy vehicle, 17
means-- 18
(a) drive a fatigue regulated heavy vehicle; or 19
(b) be in control of a fatigue regulated heavy vehicle; or 20
(c) instruct or supervise another person to drive a fatigue 21
regulated heavy vehicle; or 22
(d) perform another task relating to the operation of a 23
fatigue regulated heavy vehicle, including, for 24
example-- 25
(i) load things onto, or unload things from, the heavy 26
vehicle; and 27
(ii) inspect, service or repair the heavy vehicle; and 28
(iii) inspect or attend to a load on the heavy vehicle; 29
and 30
(iv) if the heavy vehicle is a bus, attend to passengers 31
on the bus; and 32
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Part 8 Amendment of Transport Operations (Road Use Management) Act 1995
[s 65]
(v) clean or refuel the heavy vehicle; and 1
(vi) perform marketing tasks in relation to the 2
operation of the vehicle; and 3
Examples for subparagraph (vi)-- 4
· arranging for the transport of goods or passengers by 5
the heavy vehicle 6
· canvassing for orders for the transport of goods or 7
passengers by the heavy vehicle 8
(vii) help or supervise another person to perform a task 9
mentioned in subparagraph (i) to (vi); and 10
(viii) record information or complete a document, as 11
required under this Act or otherwise, in relation to 12
the operation of the vehicle. 13
work and rest hours option, in relation to a fatigue regulated 14
heavy vehicle, means an arrangement under a fatigue 15
management regulation that provides for the maximum work 16
requirements and minimum rest requirements applying to the 17
person in control of the heavy vehicle. 18
work and rest hours option requirement means a requirement 19
of a fatigue management regulation that-- 20
(a) applies to a person in control of a fatigue regulated 21
heavy vehicle who has changed the work and rest hours 22
option under which the person is driving the heavy 23
vehicle; and 24
(b) provides for what the person must do or must not do in 25
relation to the change. 26
work diary record means-- 27
(a) information, or a copy of information, included in a 28
work diary kept by the driver, or other person in control, 29
of a fatigue regulated heavy vehicle; or 30
Example for paragraph (a)-- 31
a print-out of information included in an electronic work diary 32
(b) a record kept by the driver, or other person in control, of 33
a fatigue regulated heavy vehicle relating to a period for 34
Page 59
Transport Legislation Amendment Bill 2008
Part 8 Amendment of Transport Operations (Road Use Management) Act 1995
[s 65]
which the driver or person can not use the driver's or 1
person's work diary. 2
work diary requirement means any of the following 3
requirements of a fatigue management regulation-- 4
(a) a requirement that the driver, or other person in control, 5
of a fatigue regulated heavy vehicle must keep a work 6
diary or a work diary record; 7
(b) a requirement that the driver, or other person in control, 8
of a fatigue regulated heavy vehicle must include 9
particular information in a work diary or a work diary 10
record kept under the regulation; 11
(c) a requirement about the way in which the driver, or 12
other person in control, of a fatigue regulated heavy 13
vehicle must include particular information in a work 14
diary or a work diary record kept under the regulation, 15
other than a requirement that the information included 16
must not be false or misleading in a material particular; 17
Examples of requirements about the way in which information must 18
be included in a work diary or work diary record-- 19
· a requirement that a separate page of the work diary or work 20
diary record be used for each day's information 21
· a requirement that each page of a work diary or work diary 22
record relating to a day's information be signed and dated 23
· a requirement about the time zone that must be used for 24
information included in a work diary or work diary record 25
(d) a requirement that the driver, or other person in control, 26
of a fatigue regulated heavy vehicle, must report any of 27
the following to the chief executive or another person-- 28
(i) a malfunction of an electronic work diary or work 29
diary record kept under the regulation; 30
(ii) the finding or return of a work diary or work diary 31
record kept under the regulation after its reported 32
loss or theft; 33
(iii) the destruction, loss or theft of a work diary or 34
work diary record kept under the regulation; 35
Page 60
Transport Legislation Amendment Bill 2008
Part 8 Amendment of Transport Operations (Road Use Management) Act 1995
[s 65]
(iv) a malfunction of equipment used by the driver or 1
person to include particular information in a work 2
diary or work diary record kept under the 3
regulation. 4
Examples of other persons to whom the person in control of a 5
fatigue regulated heavy vehicle may be required to report 6
information-- 7
· the person's employer 8
· the operator of the fatigue regulated heavy vehicle.'. 9
(2) Schedule 4, definition base, `log book'-- 10
omit, insert-- 11
`logbook or work diary'. 12
(3) Schedule 4, definition bus, after `section 79(2C)'-- 13
insert-- 14
`and the definition fatigue regulated heavy vehicle'. 15
(4) Schedule 4, definition consignor, paragraph (b)(iii)(B), after 16
`that is'-- 17
insert-- 18
`usually'. 19
(5) Schedule 4, definition journey documentation, paragraph 20
(b)(iv), examples, second dot point-- 21
omit, insert-- 22
· an entry in a logbook or work diary'. 23
(6) Schedule 4, definition loader, paragraphs (d) and (e)-- 24
omit. 25
(7) Schedule 4, definition minor risk breach-- 26
insert-- 27
`(c) for a maximum work requirement or minimum rest 28
requirement--a contravention of the requirement 29
declared under a fatigue management regulation to be a 30
minor risk breach.'. 31
Page 61
Transport Legislation Amendment Bill 2008
Part 8 Amendment of Transport Operations (Road Use Management) Act 1995
[s 65]
(8) Schedule 4, definition responsible person, paragraphs (q) and 1
(r)-- 2
omit, insert-- 3
`(q) a loading manager for goods for transport by use of the 4
heavy vehicle or another person who controls or directly 5
influences the loading of the heavy vehicle; 6
(r) a person who schedules the transport of goods or 7
passengers by the heavy vehicle; 8
(s) a person who schedules the work and rest times of the 9
driver of the heavy vehicle; 10
(t) an agent, employer, employee or subcontractor of a 11
person referred to in any of paragraphs (a) to (s).'. 12
(9) Schedule 4, definition severe risk breach-- 13
insert-- 14
`(d) for a maximum work requirement or minimum rest 15
requirement--means a contravention of the requirement 16
declared under a fatigue management regulation to be a 17
severe risk breach.'. 18
(10) Schedule 4, definition substantial risk breach-- 19
insert-- 20
`(c) for a maximum work requirement or minimum rest 21
requirement--a contravention of the requirement 22
declared under a fatigue management regulation to be a 23
substantial risk breach.'. 24
Page 62
Transport Legislation Amendment Bill 2008
Part 9 Amendment of Transport Planning and Coordination Act 1994
[s 66]
Part 9 Amendment of Transport 1
Planning and Coordination Act 2
1994 3
Clause 66 Act amended in pt 9 4
This part amends the Transport Planning And Coordination 5
Act 1994. 6
Clause 67 Amendment of s 3 (Definitions) 7
(1) Section 3-- 8
insert-- 9
`complementary purposes, for the purposes of transport land, 10
includes purposes for a transport associated development. 11
prescribed transit node means an area declared under a 12
regulation to be a prescribed transit node. 13
transport associated development means a development 14
that-- 15
(a) primarily is or, when constructed, will be a development 16
that supports the object of part 2A and the integration of 17
a prescribed transit node into the community within 18
which it is to operate in a way that contributes to the 19
economic and social wellbeing of the community; and 20
(b) includes, or will include, commercial, community, 21
educational, government, high or medium density 22
residential, medical, retail or recreational facilities, 23
places of worship or open or recreational spaces. 24
Editor's notes-- 25
1 See section 8A for the object of part 2A. 26
2 See sections 25 and 27 for use of transport associated development. 27
3 See section 28AA for a prescribed transit node.'. 28
(2) Section 3, definition transport land, paragraph (b)-- 29
Page 63
Transport Legislation Amendment Bill 2008
Part 9 Amendment of Transport Planning and Coordination Act 1994
[s 68]
insert-- 1
`(vi) a transport associated development.'. 2
Clause 68 Amendment of s 25 (General powers regarding property) 3
(1) Section 25(1), `or for an incidental purpose.'-- 4
omit, insert-- 5
`, for an incidental purpose, for the purpose of a transport 6
associated development or for a combination of these 7
purposes. 8
Note-- 9
See subsections (2) and (2A) if land is to be acquired by resumption.'. 10
(2) Section 25(2), `or for an incidental purpose'-- 11
omit, insert-- 12
`, for an incidental purpose, for the purpose of a transport 13
associated development or for a combination of these 14
purposes'. 15
(3) Section 25-- 16
insert-- 17
`(2A) If land is acquired by resumption for the purpose of a 18
transport associated development as mentioned in subsection 19
(1) or (2), at the time of acquisition the land must also be 20
acquired for the purposes of transport or for an incidental 21
purpose.'. 22
(4) Section 25(3), `In particular'-- 23
omit, insert-- 24
`Without limiting subsection (1) or (2)'. 25
(5) Section 25(8)-- 26
omit, insert-- 27
`(8) For the Acquisition of Land Act 1967-- 28
(a) the chief executive is a constructing authority within the 29
meaning of that Act; and 30
Page 64
Transport Legislation Amendment Bill 2008
Part 9 Amendment of Transport Planning and Coordination Act 1994
[s 69]
(b) without limiting the chief executive's powers to take 1
land under that Act, the chief executive, as a 2
constructing authority under that Act, may take land for 3
purposes mentioned in subsections (1), (2) and (3).'. 4
Clause 69 Amendment of s 27 (Power of chief executive to lease, 5
sell or otherwise dispose of land) 6
(1) Section 27(1)-- 7
insert-- 8
`(ba) if the land is for a combination of purposes (combined 9
purposes) including the purpose of a transport 10
associated development (relevant purpose)--to any 11
person for a relevant purpose, whether or not the person 12
is going to deal with the land for any other purpose 13
included in the combined purposes; or'. 14
(2) Section 27(1)(c), `(aa), (a) or (b)'-- 15
omit, insert-- 16
`(a), (aa), (b) or (ba)'. 17
(3) Section 27(2)-- 18
insert-- 19
`Note-- 20
Subsection (1) would operate, for example, despite any implication in 21
the Acquisition of Land Act 1967 that the chief executive must carry out 22
the development for which land is acquired and despite the requirements 23
of section 41 of that Act.'. 24
(4) Section 27(3)(b), `(1)(aa) to (c)'-- 25
omit, insert-- 26
`(aa), (b) or (c)'. 27
Clause 70 Insertion of new s 28AA (Declaration of prescribed transit 28
node) 29
Part 4-- 30
Page 65
Transport Legislation Amendment Bill 2008
Part 10 Repeal and other minor amendments
[s 71]
insert-- 1
`28AA Declaration of area used or to be used for particular 2
purposes to be prescribed transit node 3
`(1) A regulation may declare an area that is used, or is proposed 4
to be used, as any of the following to be a prescribed transit 5
node-- 6
(a) a busway station; 7
(b) railway station; 8
(c) a station for operating a light rail; 9
(d) another transport facility. 10
`(2) For a declaration under subsection (1), the Minister may have 11
regard to planning documents the Minister considers 12
appropriate in relation to the region or local area within which 13
the prescribed transit node is or is to be located. 14
Examples of planning documents-- 15
· South East Queensland Regional Plan 16
· South East Queensland Infrastructure Plan and Program 17
· local growth management strategy.'. 18
Part 10 Repeal and other minor 19
amendments 20
Clause 71 Repeal of National Rail Corporation (Agreement) Act 1991 21
The National Rail Corporation (Agreement) Act 1991, No. 86 22
is repealed. 23
Clause 72 Schedule of minor amendments 24
The schedule amends the Acts mentioned in it. 25
Page 66
Transport Legislation Amendment Bill 2008
Schedule
Schedule Minor amendments 1
section 72 2
Tow Truck Act 1973 3
1 Section 7(1)(b) to (d), at the end-- 4
insert-- 5
`and'. 6
2 Section 7(1)(b) to (e)-- 7
renumber as section 7(1)(a) to (d). 8
3 Section 11(2)(b) and (c), at the end-- 9
insert-- 10
`and'. 11
4 Section 11(2)(b) to (d)-- 12
renumber as section 11(2)(a) to (c). 13
Transport Infrastructure Act 1994 14
1 Section 2(2)(f), `infrastructure;'-- 15
omit, insert-- 16
`infrastructure; and'. 17
2 Section 47(3)-- 18
renumber as section 47(2). 19
Page 67
Transport Legislation Amendment Bill 2008
Schedule
3 Section 74(1), `(Compensation)'-- 1
omit. 2
4 Sections 74(4)(a)(i) and (4)(b)(i)(A), `a reconfiguration 3
of'-- 4
omit, insert-- 5
`reconfiguring'. 6
5 Section 74(6) `reconfiguration of'-- 7
omit, insert-- 8
`reconfiguring'. 9
6 Section 77, `This part does not apply to not apply to'-- 10
omit, insert-- 11
`This division does not apply to'. 12
7 Section 272(2)(c)-- 13
renumber as section 272(2)(b). 14
8 Section 456(1)(b)(ii), `or', second mention-- 15
omit. 16
9 Section 460(3)(a)(i), before `section 236'-- 17
insert-- 18
`repealed'. 19
10 Schedule 6, definition ancillary works and 20
encroachments, `chapters 6 and 9'-- 21
omit. 22
Page 68
Transport Legislation Amendment Bill 2008
Schedule
11 Schedule 6, definition road access works, `chapters 6 and 1
9'-- 2
omit. 3
Transport Operations (Marine Pollution) Act 1995 4
1 Section 127, heading, `, etc.'-- 5
omit, insert-- 6
`etc.'. 7
2 Section 136, `part'-- 8
omit, insert-- 9
`division'. 10
Transport Operations (Passenger Transport Act) 1994 11
1 Section 17(2)(c), `the person'-- 12
omit, insert-- 13
`the corporation'. 14
2 Sections 20(2)(c) and (3)(c) and 21(1)(c) `person, or an 15
executive officer of the person'-- 16
omit, insert-- 17
`corporation, or an executive officer of the corporation'. 18
3 Section 22(3) and (4), `the operator'-- 19
omit, insert-- 20
`the corporation'. 21
Page 69
Transport Legislation Amendment Bill 2008
Schedule
4 Section 22B(5)(b)(ii), before `is not'-- 1
insert-- 2
`the accredited operator'. 3
5 Section 42A, `on specified'-- 4
omit, insert-- 5
`on a specified'. 6
6 Section 155(3)(i)(i) and (j)(i), `and'-- 7
omit. 8
7 Schedule 2, entry for section 172C(5)-- 9
omit. 10
8 Schedule 3, definition category C driver disqualifying 11
offence, paragraph (e), `1994'-- 12
omit, insert-- 13
`2005'. 14
9 Schedule 3, definition unscheduled long distance 15
passenger service, paragraph (c), before `no 16
passengers'-- 17
insert-- 18
`in relation to which'. 19
Page 70
Transport Legislation Amendment Bill 2008
Schedule
Transport Operations (Road Use Management) Act 1
1995 2
1 Section 80(3)(a), before `officer'-- 3
insert-- 4
`police'. 5
2 Section 80(3)(c), `police does'-- 6
omit, insert-- 7
`police officer does'. 8
3 Section 206, heading, `Definitions'-- 9
omit, insert-- 10
`Definition'. 11
Transport Planning and Coordination Act 1994 12
1 Section 28A, definition taking of land, paragraph (b), 13
`section 15(6A)'-- 14
omit, insert-- 15
`section 15(12)'. 16
2 Section 28B(2)(b), `section 9(2)'-- 17
omit, insert-- 18
`section 9(1)'. 19
© State of Queensland 2008
Page 71
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