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Queensland
TRANSPORT OPERATIONS
(ROAD USE MANAGEMENT)
BILL 1995
Queensland
TRANSPORT OPERATIONS (ROAD USE
MANAGEMENT) BILL 1995
TABLE OF PROVISIONS
Section Page
CHAPTER 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
3 Objectives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
4 Achieving an appropriate balance between safety and cost . . . . . . . . . . . . 9
5 Definitions--the dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
6 Act binds everyone, including government entities . . . . . . . . . . . . . . . . . . . 10
CHAPTER 2--RESPONSIBILITIES FOR ROAD USE
MANAGEMENT STRATEGIES AND PROGRAMS
PART 1--ROAD USE MANAGEMENT STRATEGIES
7 Development of strategies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
8 Contents of strategies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
9 Tabling of strategies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
PART 2--ROAD USE IMPLEMENTATION PROGRAMS
10 Development of programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
11 Consistency with strategies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
12 Report on operation of programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
PART 3--GUIDELINES
13 Guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
PART 4--OBJECTIVES
14 Objectives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
2
Transport Operations (Road Use
Management)
CHAPTER 3--ROAD USER PERFORMANCE AND
COMPLIANCE
PART 1--ALTERNATIVE COMPLIANCE
15 Alternative ways of complying with Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
16 Approving alternative compliance schemes operating interstate . . . . . . . . 16
17 Specified provisions of Act do not apply while scheme complied with . . . 16
18 Grounds for amending, suspending or cancelling approvals . . . . . . . . . . . . . 16
19 Procedure for amending, suspending or cancelling approvals . . . . . . . . . . . 17
PART 2--AUTHORISED OFFICERS AND ACCREDITED
PERSONS
20 Appointment of authorised officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
21 Appointment of accredited persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
22 Powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
23 Appointment conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
24 Identity cards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
25 Production or display of identity cards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
PART 3--POWERS OF AUTHORISED OFFICERS
Division 1--Powers for places
26 Entry to places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
27 Consent to entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
28 Warrants to enter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
29 Warrants--applications made other than in person . . . . . . . . . . . . . . . . . . . 24
30 General powers after entering places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Division 2--Powers for vehicles
31 Power to stop private vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
32 Power to stop heavy vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
33 Power to require vehicles to be moved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
34 Power to inspect vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
35 Power to enter vehicles etc. other than for vehicle inspection . . . . . . . . . . 29
36 Power to require vehicle inspections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
37 Power to prohibit use of vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
38 Power to prohibit persons driving . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
3
Transport Operations (Road Use
Management)
39 Powers to enable effective and safe exercise of other powers . . . . . . . . . . . 31
Division 3--Power to seize evidence
40 Power to seize evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
41 Powers supporting seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
42 Receipt for seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
43 Forfeiture of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
44 Dealing with forfeited things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
45 Access to seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
46 Return of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Division 4--General powers
47 Power to set up checkpoints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
48 Power to require name and address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
49 Power to require documents to be produced . . . . . . . . . . . . . . . . . . . . . . . . . 37
50 Power to require information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
PART 4--ADDITIONAL POWERS OF POLICE OFFICERS
51 Power of arrest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
PART 5--LEGAL PROCEEDINGS
Division 1--Offences
52 False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
53 False, misleading or incomplete documents . . . . . . . . . . . . . . . . . . . . . . . . . 40
54 Obstructing authorised officers or accredited persons . . . . . . . . . . . . . . . . . . 41
55 Impersonating authorised officers or accredited persons . . . . . . . . . . . . . . . 41
56 Using documents voided for non-payment . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
57 Liability for offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Division 2--Evidence and procedure
58 Proof of appointments unnecessary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
59 Proof of signatures unnecessary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
60 Evidentiary aids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
61 Instruments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
62 Proceedings for offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
PART 6--GENERAL
4
Transport Operations (Road Use
Management)
63 Notice of damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
64 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
CHAPTER 4--REVIEW OF AND APPEALS AGAINST
DECISIONS
PART 1--REVIEW OF DECISIONS
65 Who may apply for review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
66 Applying for review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
67 Stay of operation of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
68 Reference to review panel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
69 Review panels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
70 Consideration of application by review panel . . . . . . . . . . . . . . . . . . . . . . . . 50
71 Decision on reconsideration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
PART 2--APPEALS
72 Who may appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
73 Appealing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
CHAPTER 5--ROAD USE
PART 1--VEHICLE AND ROAD USE FEES
74 Fees for road use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
PART 2--VEHICLE OPERATIONS
75 Vehicle operations and road rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
PART 3--VEHICLE MANAGEMENT
76 Vehicle standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
77 Identification of vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
PART 4--DRIVER MANAGEMENT
78 Regulations about driver management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
79 Restriction on releasing information from register of licences . . . . . . . . . . 54
CHAPTER 6--MISCELLANEOUS
80 Court orders for payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
81 Special provision for serving documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
82 Official traffic sign approvals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
83 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
84 Effect of failure to comply with Ch 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
5
Transport Operations (Road Use
Management)
85 Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
CHAPTER 7--TRANSITIONAL PROVISIONS, AMENDMENTS
AND REPEALS
86 Carriage of Dangerous Goods by Road Act 1984 references . . . . . . . . . . . . 59
87 Main Roads Act 1920 references . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
88 Motor Vehicles Control Act 1975 references . . . . . . . . . . . . . . . . . . . . . . . . 59
89 Motor Vehicles Safety Act 1980 references . . . . . . . . . . . . . . . . . . . . . . . . . 59
90 State Transport Act 1960 references . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
91 Transport Infrastructure (Roads) Act 1991 references . . . . . . . . . . . . . . . . . 59
92 Amendment of Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
93 Repeal of Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
SCHEDULE 1
AMENDMENT OF ACTS . . . . . . . . . . . . . 61
SCHEDULE 2
REPEALED ACTS . . . . . . . . . . . . . . . . . . . 71
SCHEDULE 3
DICTIONARY . . . . . . . . . . . . . . . . . . . . . . . 73
1995
A BILL
FOR
An Act about road use management, and other purposes related to
transport
s1 8 s3
Transport Operations (Road Use
Management)
The Parliament of Queensland enacts-- 1
HAPTER 1--PRELIMINARY 2
C
title 3
Short
1. This Act may be cited as the Transport Operations (Road Use 4
Management) Act 1995. 5
6
Commencement
2.(1) Section 92 commences on assent. 7
(2) The remaining provisions commence on a day to be fixed by 8
proclamation. 9
10
Objectives
3.(1) The overall objectives of this Act are, consistent with the objectives 11
of the Transport Planning and Coordination Act 1994, to-- 12
(a) provide for the effective and efficient management of road use in 13
the State; and 14
(b) provide a scheme for managing the use of the State's roads that 15
will-- 16
(i) promote the effective and efficient movement of people, 17
goods and services; and 18
(ii) contribute to the strategic management of road infrastructure 19
in ways consistent with the Transport Infrastructure Act 20
1994; and 21
(iii) improve road safety and the environmental impact of road 22
use in ways that contribute to overall transport effectiveness 23
and efficiency; and 24
(iv) support a reasonable level of community access and 25
s4 9 s5
Transport Operations (Road Use
Management)
mobility in support of government social justice objectives. 1
(2) This Act establishes a scheme to allow-- 2
(a) identification of vehicles, drivers and other road users; and 3
(b) establishment of performance standards for vehicles, drivers and 4
other road users; and 5
(c) establishment of rules for on-road behaviour; and 6
(d) monitoring of compliance with this Act, including by using 7
alternative compliance schemes; and 8
(e) management of non-performing vehicles, drivers and other road 9
users; and 10
(f) control of access to the road network, or parts of the road 11
network, for vehicles, drivers and other road users; and 12
(g) management of traffic to enhance safety and transport efficiency. 13
an appropriate balance between safety and cost 14
Achieving
4.(1) Although it may be possible to regulate to achieve the highest level 15
of safety, doing so would ignore the impact of the regulation on the 16
effectiveness and efficiency of road use. 17
(2) Therefore, this Act acknowledges the need to achieve an appropriate 18
balance between safety, and the costs that regulation imposes on road users 19
and the community. 20
dictionary 21
Definitions--the
5.(1) A dictionary in Schedule 3 defines particular words used in this 22
Act.1 23
(2) Definitions found elsewhere in the Act are signposted in the 24
1 In some Acts, definitions are contained in a dictionary that appears as the last
Schedule and forms part of the Act--Acts Interpretation Act 1954, section 14.
s6 10 s7
Transport Operations (Road Use
Management)
dictionary.2 1
binds everyone, including government entities 2
Act
6.(1) In this section-- 3
"government entity" includes-- 4
(a) the State, the Commonwealth or another State; or 5
(b) an instrumentality or agent of the State, the Commonwealth or 6
another State. 7
(2) This Act binds everyone, including every government entity. 8
(3) However, a regulation may exempt a government entity from this 9
Act or a provision of this Act. 10
HAPTER 2--RESPONSIBILITIES FOR ROAD 11
C
USE MANAGEMENT STRATEGIES AND 12
PROGRAMS 13
ART 1--ROAD USE MANAGEMENT STRATEGIES 14
P
of strategies 15
Development
7.(1) The chief executive must, from time to time, develop for the 16
Minister's approval a road use management strategy designed to give effect 17
to the Transport Coordination Plan in accordance with this Act's objectives. 18
(2) In developing a road use management strategy, the chief executive 19
must take reasonable steps to engage in public consultation. 20
2 The signpost definitions in the dictionary alert the reader to the terms defined
elsewhere in the Act and tell the reader where the section definitions can be
found. For example, the definition "performance standard" see section 15,
tells the reader that the term "performance standard" is defined in section 15.
s8 11 s9
Transport Operations (Road Use
Management)
(3) The Minister may, at any time, direct the chief executive-- 1
(a) to prepare a new road use management strategy for the Minister's 2
approval; or 3
(b) to amend a road use management strategy. 4
(4) The Minister may-- 5
(a) approve a road use management strategy submitted for approval; 6
or 7
(b) require the chief executive to amend a road use management 8
strategy submitted for approval. 9
of strategies 10
Contents
8.(1) A road use management strategy must include-- 11
(a) a statement of the specific objectives to be achieved; and 12
(b) road use management initiatives; and 13
(c) criteria for deciding priorities for government spending on road 14
use management initiatives; and 15
(d) appropriate performance indicators for deciding whether, and to 16
what extent, the strategy's objectives have been achieved. 17
(2) A road use management strategy must aim to provide an adequate 18
framework for coordinating and integrating road use management policies 19
as between the different transport modes and levels of government. 20
(3) A road use management strategy may also take into account 21
agreements about transport between the State and the Commonwealth, a 22
local government or another State. 23
of strategies 24
Tabling
9. The Minister must table a copy of each road use management strategy, 25
and each amendment of a road use management strategy, approved by the 26
Minister in the Legislative Assembly within 5 sitting days after it is 27
approved. 28
s 10 12 s 11
Transport Operations (Road Use
Management)
PART 2--ROAD USE IMPLEMENTATION 1
PROGRAMS 2
of programs 3
Development
10.(1) Before the start of each financial year, the chief executive must 4
develop, for the Minister's approval, a road use implementation program 5
for the year and for 1 or more later years. 6
(2) A road use implementation program must include-- 7
(a) a statement of the policies, projects and financial provisions for 8
implementing the road use management strategy; and 9
(b) a statement of the performance targets to be achieved. 10
(3) A road use implementation program may include a proposal to spend 11
an amount not directly related to road use, if the proposal would contribute 12
to the effectiveness and efficiency of road use management. 13
(4) In developing a road use implementation program, the chief executive 14
must take reasonable steps to engage in public consultation. 15
(5) A road use implementation program must be made available to the 16
public in the way decided by the Minister. 17
(6) The Minister may, at any time, direct the chief executive to amend a 18
road use implementation program. 19
(7) The Minister may-- 20
(a) approve a road use implementation program submitted for 21
approval; or 22
(b) require the chief executive to amend a road use implementation 23
program submitted for approval. 24
with strategies 25
Consistency
11.(1) Subject to the Minister's directions, a road use implementation 26
program must be consistent with a road use management strategy. 27
s 12 13 s 13
Transport Operations (Road Use
Management)
(2) If the Minister's directions result in a road use implementation 1
program being inconsistent with a road use management strategy, the 2
Minister must table a copy of the directions in the Legislative Assembly 3
within 5 sitting days after they are given. 4
on operation of programs 5
Report
12. Each annual report of the department must include a report on the 6
implementation of the road use implementation program during the year of 7
the report. 8
PART 3--GUIDELINES 9
10
Guidelines
13.(1) This section applies to the Minister and chief executive in 11
developing and implementing policies about road use management, and in 12
exercising powers under this Act. 13
(2) The Minister and chief executive must endeavour to-- 14
(a) achieve an appropriate balance between safety, and the costs that 15
regulation imposes on road users and the community; and 16
(b) establish the benefits and costs of policy alternatives; and 17
(c) take account of national and international benchmarks and best 18
practice; and 19
(d) promote efficiency, affordable quality and cost-effectiveness; and 20
(e) ensure competition is not unjustifiably restricted; and 21
(f) ensure accountability for, and transparency of, decisions affecting 22
road use. 23
(3) Each annual report of the department must include a report on how 24
effect has been given to this section during the year of the report. 25
s 14 14 s 14
Transport Operations (Road Use
Management)
PART 4--OBJECTIVES 1
2
Objectives
14.(1) The following objectives are, as far as practicable, to be applied by 3
anyone wanting to encourage a high level of road user performance and 4
compliance with this Act-- 5
(a) information about their obligations under this Act should be made 6
available to road users; 7
(b) voluntary compliance should be sought in preference to 8
enforcement; 9
(c) enforcement should be aimed primarily at deterring 10
noncompliance by road users; 11
(d) enforcement strategies should, accordingly, try to increase road 12
users' perceptions of the risk of being detected if they offend; 13
(e) measures aimed at encouraging compliance should-- 14
(i) target the road users who are least likely to comply with this 15
Act; and 16
(ii) try to avoid imposing costs on the road users who are likely 17
to comply voluntarily; 18
(f) appropriate alternative compliance schemes should be used as a 19
way of demonstrating compliance. 20
(2) Preventing the continued commission of offences and imposing 21
appropriate penalties should be seen as objectives that support the other 22
objectives in subsection (1). 23
s 15 15 s 15
Transport Operations (Road Use
Management)
CHAPTER 3--ROAD USER PERFORMANCE AND 1
COMPLIANCE 2
ART 1--ALTERNATIVE COMPLIANCE 3
P
ways of complying with Act 4
Alternative
15.(1) In this Part-- 5
"alternative compliance scheme" means a way of demonstrating that 6
vehicles operated by a person, or drivers of vehicles operated by a 7
person, achieve and maintain at least a performance standard other than 8
by directly complying with provisions of this Act. 9
"performance standard" means a provision of this Act that-- 10
(a) imposes an obligation to achieve a particular outcome; and 11
(b) is identified under a regulation as a performance standard. 12
(2) A person who operates a vehicle (an "operator") may apply in 13
writing to the chief executive for approval of an alternative compliance 14
scheme for a performance standard. 15
(3) The chief executive may approve the scheme by written notice to the 16
operator. 17
(4) The approval must specify-- 18
(a) the performance standard; and 19
(b) the provisions of this Act that are not to apply to the operator's 20
vehicles or drivers. 21
(5) The approval may be given on conditions stated in it and operates for 22
the period stated in it. 23
(6) The chief executive may approve a scheme only if satisfied it 24
provides an effective way of demonstrating the operator's vehicles or 25
drivers operating under it in Queensland achieve and maintain at least the 26
performance standard. 27
s 16 16 s 18
Transport Operations (Road Use
Management)
alternative compliance schemes operating interstate 1
Approving
16.(1) In this section-- 2
"interstate scheme" means an alternative compliance scheme approved 3
under a corresponding law to this Chapter for an operator. 4
(2) The chief executive may approve an interstate scheme for Queensland 5
only if satisfied it provides an effective way of demonstrating the operator's 6
vehicles or drivers operating under it in Queensland achieve and maintain at 7
least the performance standard to which it applies. 8
(3) The approval must specify-- 9
(a) the performance standard; and 10
(b) the provisions of this Act that are not to apply to the operator's 11
vehicles or drivers. 12
(4) The approval may be subject to conditions stated in it and operates for 13
the period stated in it. 14
provisions of Act do not apply while scheme complied with 15
Specified
17. While-- 16
(a) an approval of an alternative compliance scheme is in force under 17
this Act for an operator; and 18
(b) the operator complies with the scheme, including the conditions 19
of its approval; 20
the provisions of this Act specified in the scheme do not apply to the 21
operator's vehicles or drivers as provided under the scheme. 22
for amending, suspending or cancelling approvals 23
Grounds
18. Each of the following is a ground for amending, suspending or 24
cancelling the approval of an alternative compliance scheme-- 25
(a) the approval was obtained because of incorrect or misleading 26
information, whether the information was given for the approval 27
or the approval of an alternative compliance scheme under a 28
corresponding law; 29
s 19 17 s 19
Transport Operations (Road Use
Management)
(b) the operator has contravened a condition of the approval; 1
(c) the operator has committed an offence against this Act or a 2
corresponding law; 3
(d) the scheme is not, or is no longer, an effective way of 4
demonstrating the operator's vehicles or drivers operating under it 5
in Queensland achieve and maintain at least the relevant 6
performance standard; 7
(e) for an interstate scheme--the approval under a corresponding law 8
to this Chapter is amended, suspended or cancelled. 9
for amending, suspending or cancelling approvals 10
Procedure
19.(1) If the chief executive considers a ground exists to amend, suspend 11
or cancel an approval (the "proposed action"), the chief executive must 12
give the operator written notice-- 13
(a) stating the proposed action; and 14
(b) stating the ground for the proposed action; and 15
(c) outlining the facts and circumstances forming the basis for the 16
ground; and 17
(d) if the proposed action is to amend the approval (including a 18
condition of the approval)--stating the proposed amendment; and 19
(e) if the proposed action is to suspend the approval--stating the 20
proposed suspension period; and 21
(f) inviting the operator to show (within a stated time of at least 22
28 days) why the proposed action should not be taken. 23
(2) If, after considering all written representations made within the stated 24
time, the chief executive still considers a ground exists to take the proposed 25
action, the chief executive may-- 26
(a) if the proposed action was to amend the approval--amend the 27
approval; or 28
(b) if the proposed action was to suspend the approval--suspend the 29
approval for no longer than the period stated in the notice; or 30
s 19 18 s 19
Transport Operations (Road Use
Management)
(c) if the proposed action was to cancel the approval--amend the 1
approval, suspend the approval for a period or cancel it. 2
(3) The chief executive must inform the operator of the decision by 3
written notice. 4
(4) If the chief executive decides to amend, suspend or cancel the 5
approval, the notice must state-- 6
(a) the reasons for the decision; and 7
(b) that the holder may apply within 28 days for the decision to be 8
reviewed; and 9
(c) how the holder may apply for the review; and 10
(d) that the holder may apply for a stay of the decision if the person 11
applies for a review. 12
(5) The decision takes effect on the later of the following-- 13
(a) the day the notice is given to the holder; 14
(b) the day stated in the notice. 15
(6) However, despite subsection (1), if the chief executive considers it 16
necessary in the public interest, the chief executive may, by written notice 17
given to the operator, immediately suspend the approval until the earliest of 18
the following-- 19
(a) the chief executive informs the operator of the chief executive's 20
decision by notice under subsection (3), given after complying 21
with subsections (1) and (2); 22
(b) the end of 56 days after the notice is given to the holder. 23
(7) If the chief executive immediately suspends the approval, the notice 24
must state-- 25
(a) the reasons for the decision; and 26
(b) that the holder may apply within 28 days for the decision to be 27
reviewed; and 28
(c) how the holder may apply for the review; and 29
(d) that the holder may apply for a stay of the decision if the person 30
applies for a review. 31
s 20 19 s 21
Transport Operations (Road Use
Management)
(8) Subsections (1) to (7) do not apply-- 1
(a) if the chief executive proposes to amend the approval only-- 2
(i) for a formal or clerical reason; or 3
(ii) in another way that does not adversely affect the operator's 4
interests; or 5
(b) if the operator asks the chief executive to amend or cancel the 6
approval and the chief executive proposes to give effect to the 7
request. 8
(9) The chief executive may amend or cancel an approval under 9
subsection (8) by written notice given to the operator. 10
ART 2--AUTHORISED OFFICERS AND 11
P
ACCREDITED PERSONS 12
of authorised officers 13
Appointment
20.(1) Every police officer is an authorised officer. 14
(2) The chief executive may appoint any of the following persons to be 15
an authorised officer-- 16
(a) officers and employees of the public service; 17
(b) other persons prescribed under a regulation. 18
(3) The chief executive may appoint a person as an authorised officer 19
only if satisfied the person has the necessary expertise to be an authorised 20
officer. 21
of accredited persons 22
Appointment
21.(1) The chief executive may appoint a person to be an accredited 23
person to perform functions prescribed under a regulation only if satisfied 24
the person has the necessary expertise to be an accredited person to perform 25
the functions. 26
s 22 20 s 23
Transport Operations (Road Use
Management)
(2) A regulation may provide for accreditation documents for accredited 1
persons. 2
3
Powers
22.(1) An authorised officer or accredited person-- 4
(a) has the powers given under this or another Act; and 5
(b) is subject to the directions of the chief executive or Commissioner 6
in exercising the powers. 7
(2) The powers may be limited-- 8
(a) under a regulation; or 9
(b) under a condition of appointment; or 10
(b) by written notice given by the chief executive or Commissioner to 11
the authorised officer or accredited person. 12
conditions 13
Appointment
23.(1) An authorised officer or accredited person holds office on the 14
conditions stated in the instrument of appointment. 15
(2) An authorised officer or accredited person-- 16
(a) if the appointment provides for a term of appointment--ceases 17
holding office at the end of the term; and 18
(b) if the conditions of appointment provide--ceases holding office 19
on ceasing to hold another office stated in the appointment 20
conditions (the "main office"); and 21
(c) may resign by signed notice given to the chief executive or 22
Commissioner. 23
(3) However, an authorised officer or accredited person may not resign 24
from the office under this Act (the "secondary office") if a term of 25
employment to the main office requires the officer or person to hold the 26
secondary office. 27
s 24 21 s 25
Transport Operations (Road Use
Management)
cards 1
Identity
24.(1) This section does not apply to an authorised officer who is a police 2
officer. 3
(2) The chief executive must give each authorised officer an identity card. 4
(3) The identity card must-- 5
(a) contain a recent photo of the person; and 6
(b) be signed by the person; and 7
(c) identify the person as an authorised officer; and 8
(d) state an expiry date. 9
(4) A person who stops being an authorised officer must return the 10
person's identity card to the chief executive as soon as practicable (but 11
within 21 days) after the person stops being an authorised officer, unless the 12
person has a reasonable excuse. 13
Maximum penalty--10 penalty units. 14
(5) This section does not prevent the giving of a single identity card to a 15
person for this and other Acts. 16
or display of identity cards 17
Production
25.(1) This section does not apply to a uniformed police officer. 18
(2) An authorised officer may exercise a power in relation to a person 19
only if-- 20
(a) the officer-- 21
(i) for an officer who is a police officer--first produces the 22
officer's police identity card for the person's inspection; or 23
(ii) for any other officer--first produces the officer's identity 24
card for the person's inspection; or 25
(b) the officer has the officer's identity card displayed so it is clearly 26
visible to the person. 27
(3) However, if for any reason it is not practicable to comply with 28
subsection (2) before exercising the power, the officer must produce the 29
s 26 22 s 27
Transport Operations (Road Use
Management)
identity card as soon as it is practicable. 1
ART 3--POWERS OF AUTHORISED OFFICERS 2
P
1--Powers for places 3
Division
to places 4
Entry
26.(1) An authorised officer may enter a place if-- 5
(a) its occupier consents to the entry; or 6
(b) the entry is authorised by a warrant; or 7
(c) it is mentioned in a licence or other document prescribed under a 8
regulation as a place of business, or another place, required to be 9
open to inspection and the entry is made when the place is-- 10
(i) open for the conduct of business or otherwise open for 11
entry; or 12
(ii) required under the licence or document to be open for 13
inspection. 14
(2) An authorised officer, without the occupier's consent or a warrant, 15
may-- 16
(a) enter a public place when the place is open to the public; or 17
(b) enter the land around the premises to ask its occupier for consent 18
to enter the premises. 19
to entry 20
Consent
27.(1) This section applies if an authorised officer intends to ask an 21
occupier of a place to consent to the officer or another officer entering the 22
place. 23
(2) Before asking for the consent, the officer must inform the occupier-- 24
s 28 23 s 28
Transport Operations (Road Use
Management)
(a) of the purpose of the entry; and 1
(b) that anything found may be seized and used in evidence in court; 2
and 3
(c) that the occupier is not required to consent. 4
(3) If the consent is given, the officer may ask the occupier to sign an 5
acknowledgment of the consent. 6
(4) The acknowledgment must state that-- 7
(a) the occupier was informed-- 8
(i) of the purpose of the entry; and 9
(ii) that anything found may be seized and used in evidence in 10
court; and 11
(iii) that the occupier is not required to consent; and 12
(b) the occupier gives an authorised officer consent to enter the place 13
and exercise powers under this Act; and 14
(c) the time and date the consent was given. 15
(5) If the occupier signs an acknowledgment of consent, the officer must 16
immediately give a copy to the occupier. 17
(6) Subsection (7) applies to a court if-- 18
(a) a question arises, in a proceeding in or before the court, whether 19
the occupier of a place consented to an authorised officer entering 20
the place under this Act; and 21
(b) an acknowledgment under this section is not produced in 22
evidence for the entry; and 23
(c) it is not proved that the occupier consented to the entry. 24
(7) The court may presume that the occupier did not consent. 25
to enter 26
Warrants
28.(1) An authorised officer may apply to a Magistrate for a warrant to 27
enter a place. 28
(2) An application must be sworn and state the grounds on which the 29
s 29 24 s 29
Transport Operations (Road Use
Management)
warrant is sought. 1
(3) The Magistrate may refuse to consider the application until the officer 2
gives the Magistrate all the information the Magistrate requires about the 3
application in the way the Magistrate requires. 4
5
Example--
6
The Magistrate may require additional information supporting the application to
7
be given by statutory declaration.
(4) The Magistrate may issue a warrant only if satisfied the officer has 8
reasonable grounds for suspecting-- 9
(a) there is a particular thing or activity (the "evidence") that may 10
provide evidence of an offence against a transport Act; and 11
(b) the evidence is, or may be within the next 7 days, at the place. 12
(5) The warrant must state-- 13
(a) that the officer may, with necessary and reasonable help and 14
force, enter the place and exercise the officer's powers under this 15
Act; and 16
(b) the evidence for which the warrant is issued; and 17
(c) the hours of the day when the place may be entered; and 18
(d) the date, within 14 days after the warrant's issue, when the 19
warrant ends. 20
(6) The Magistrate must record the grounds for issuing the warrant. 21
made other than in person 22
Warrants--applications
29.(1) An authorised officer may apply for a warrant by phone, fax, 23
radio or another form of communication if the officer considers it necessary 24
because of-- 25
(a) urgent circumstances; or 26
(b) other special circumstances, including, for example, the officer's 27
remote location. 28
(2) Before applying for the warrant, the officer must prepare an 29
application stating the grounds on which the warrant is sought. 30
s 30 25 s 30
Transport Operations (Road Use
Management)
(3) The officer may apply for the warrant before the application is sworn. 1
(4) After issuing the warrant, the Magistrate must immediately fax a 2
copy to the officer if it is reasonably practicable to fax a copy. 3
(5) If it is not reasonably practicable to fax a copy to the officer-- 4
(a) the Magistrate must-- 5
(i) tell the officer what the terms of the warrant are; and 6
(ii) tell the officer the date and time the warrant was issued; and 7
(iii) record the grounds for issuing the warrant; and 8
(b) the officer must write on a form of warrant ("warrant form")-- 9
(i) the Magistrate's name; and 10
(ii) the date and time the Magistrate issued the warrant; and 11
(iii) the warrant's terms. 12
(6) The facsimile warrant, or the warrant form properly completed by the 13
officer, authorises the entry and the exercise of the other powers stated in 14
the warrant issued by the Magistrate. 15
(7) The officer must, at the first reasonable opportunity, send the 16
Magistrate-- 17
(a) the sworn application; and 18
(b) if the officer completed a warrant form--the completed warrant 19
form. 20
(8) On receiving the documents, the Magistrate must attach them to the 21
warrant. 22
(9) Subsection (10) applies to a court if-- 23
(a) a question arises, in a proceeding in or before the court, whether a 24
power exercised by an authorised officer was not authorised by a 25
warrant issued under this section; and 26
(b) the warrant is not produced in evidence. 27
(10) The court may presume that the occupier did not consent. 28
s 31 26 s 31
Transport Operations (Road Use
Management)
powers after entering places 1
General
30.(1) This section applies to an authorised officer who enters a place 2
with the occupier's consent or a warrant. 3
(2) The officer may, for monitoring or enforcing compliance with this 4
Act-- 5
(a) search any part of the place; or 6
(b) inspect, measure, test, photograph or film the place or anything in 7
the place; or 8
(c) take samples of anything in the place; or 9
(d) copy a document in the place; or 10
(e) take the persons, equipment and materials the officer reasonably 11
requires for exercising a power under this Act into the place; or 12
(f) require a person in the place to give the officer reasonable help to 13
exercise the powers mentioned in paragraphs (a) to (e). 14
(3) A person must comply with a requirement under subsection (2)(f), 15
unless the person has a reasonable excuse. 16
Maximum penalty--60 penalty units. 17
(4) A requirement under subsection (2)(f) does not include a requirement 18
to produce a document or give information.3 19
2--Powers for vehicles 20
Division
to stop private vehicles 21
Power
31.(1) A police officer may require the person in control of a private 22
vehicle to stop the vehicle to check whether the vehicle or person is 23
complying with a transport Act. 24
(2) An authorised officer, who is not a police officer, may require the 25
person in control of a private vehicle to stop the vehicle-- 26
3 For the power to require documents to be produced see section 49. For the
power to require information see section 50.
s 32 27 s 33
Transport Operations (Road Use
Management)
(a) at a checkpoint--only if the vehicle is a type of vehicle that the 1
officer is stopping at the checkpoint by reference to objective 2
criteria that are part of a program approved under section 47;4 or 3
(b) if the officer reasonably believes the vehicle does not comply with 4
a transport Act. 5
(3) A requirement may be made under subsection (1) or (2) in a way 6
prescribed under a regulation. 7
(4) A person must comply with a requirement under subsection (1) or 8
(2), unless the person has a reasonable excuse. 9
Maximum penalty--60 penalty units. 10
11
Example of a reasonable excuse--
12
It is a reasonable excuse for a person not to comply with a requirement if--
13
(a) the person reasonably believes that to immediately comply would
14
endanger the person or someone else; and
15
(b) the person complies with the requirement at the first reasonable
16
opportunity.
(5) A regulation may impose restrictions on the stopping of private 17
vehicles by authorised officers who are not police officers, including 18
restrictions on stopping private vehicles at night. 19
to stop heavy vehicles 20
Power
32.(1) An authorised officer may require the person in control of a heavy 21
vehicle to stop the vehicle to check whether the vehicle or person is 22
complying with a transport Act. 23
(2) The requirement may be made in a way prescribed under a 24
regulation. 25
(3) The person must comply with the requirement, unless the person has 26
a reasonable excuse. 27
Maximum penalty for subsection (3)--120 penalty units. 28
4 Section 47 (Power to set up checkpoints)
s 34 28 s 34
Transport Operations (Road Use
Management)
to require vehicles to be moved 1
Power
33.(1) This section applies to a motor vehicle that is stationary on a road 2
or has been stopped under section 31 or 32.5 3
(2) To enable an authorised officer to exercise a power under a transport 4
Act, the officer may require the person in control of the vehicle to move to a 5
stated reasonable place. 6
7
Example--
8
The officer may require the person to move the vehicle onto a weighing or testing
9
device.
(3) However, the place must not be more than-- 10
(a) for a private vehicle--5 km from where the vehicle was stopped; 11
or 12
(b) for a heavy vehicle--25 km from where the vehicle was stopped. 13
(4) The person must comply with the requirement, unless the person has 14
a reasonable excuse. 15
Maximum penalty-- 16
(a) for a private vehicle--60 penalty units; or 17
(b) for a heavy vehicle--120 penalty units. 18
(5) For a heavy vehicle, if the person does not comply with the 19
requirement, the officer may move the vehicle to the required place. 20
to inspect vehicles 21
Power
34.(1) This section applies to a motor vehicle that is stationary on a road 22
or has been stopped under section 31 or 32.6 23
(2) To check whether the vehicle complies with a transport Act, an 24
authorised officer may inspect or test it. 25
5 Section 31 (Power to stop private vehicles)
Section 32 (Power to stop heavy vehicles)
6 Section 31 (Power to stop private vehicles)
Section 32 (Power to stop heavy vehicles)
s 35 29 s 35
Transport Operations (Road Use
Management)
(3) To enable the officer to inspect or test the vehicle, the officer may do 1
anything reasonable to be done for the inspection or test. 2
3
Examples of what may be reasonable for an inspection or test--
4
The officer may--
5
(a) enter the vehicle; or
6
(b) unlock, unfasten, open or remove any part of it; or
7
(c) move its load.
(4) To avoid any doubt, the officer does not have the powers mentioned 8
in section 35.7 9
to enter vehicles etc. other than for vehicle inspection 10
Power
35.(1) This section applies to an authorised officer who reasonably 11
believes-- 12
(a) a vehicle is being, or has just been, used to commit an offence 13
against a transport Act; or 14
(b) a vehicle, or a thing in the vehicle, may provide evidence of an 15
offence against a transport Act that is being, or has just been, 16
committed. 17
(2) The officer may, for enforcing a transport Act-- 18
(a) enter the vehicle, using necessary and reasonable help and force;8 19
or 20
(b) search any part of the vehicle; or 21
(c) inspect, measure, test, photograph or film the vehicle or anything 22
in the vehicle; or 23
(d) take samples of the vehicle or anything in the vehicle; or 24
(e) copy a document in the vehicle; or 25
7 Section 35 (Power to enter vehicles etc. other than for vehicle inspection)
8 In addition, to enable the vehicle to be entered, the officer may stop the vehicle
under section 31 (Power to stop private vehicles) or 32 (Power to stop heavy
vehicles).
s 36 30 s 37
Transport Operations (Road Use
Management)
(f) move the vehicle's load; or 1
(g) take the persons, equipment and materials the officer reasonably 2
requires into the vehicle. 3
(3) An authorised officer may not exercise the powers under 4
subsection (2) in relation to the following things found in a vehicle-- 5
(a) a personal possession; 6
(b) for a private vehicle--a document that is not issued, or required to 7
be kept, under a transport Act or a corresponding law. 8
to require vehicle inspections 9
Power
36.(1) If an authorised officer reasonably believes a vehicle may not 10
comply with this Act, the officer may require its owner to have it inspected 11
at a stated reasonable time and place. 12
(2) The requirement-- 13
(a) must be made by notice in the approved form; or 14
(b) if for any reason it is not practicable to give the notice--may be 15
made orally and confirmed by notice in the approved form as 16
soon as practicable. 17
(3) A person must comply with a requirement under subsection (1), 18
unless the person has a reasonable excuse. 19
Maximum penalty for subsection (3)--60 penalty units. 20
to prohibit use of vehicles 21
Power
37.(1) If an authorised officer reasonably believes a vehicle is unsafe, the 22
officer may, by notice in the approved form, require its owner not to use it, 23
or permit it to be used, on a road until-- 24
(a) it is inspected at a stated reasonable place and found to comply 25
with this Act; or 26
(b) stated reasonable action is taken in relation to the vehicle to ensure 27
it complies with this Act. 28
29
Examples of action that may be reasonable under paragraph (b)--
s 38 31 s 39
Transport Operations (Road Use
Management)
1
1. The vehicle's load be adjusted or moved.
2
2. Stated repairs be carried out to the vehicle and the vehicle be inspected at a
3
stated place and found to comply with this Act.
(2) A person must not contravene, or attempt to contravene, a 4
requirement under subsection (1), unless the person has a reasonable 5
excuse. 6
Maximum penalty for subsection (2)-- 7
(a) for a private vehicle--60 penalty units; and 8
(b) for a heavy vehicle--120 penalty units. 9
to prohibit persons driving 10
Power
38.(1) This section applies to the driver of a motor vehicle that is 11
stationary on a road or has been stopped under section 31 or 32.9 12
(2) If an authorised officer reasonably believes the driver would 13
contravene this Act by driving a vehicle, the officer may, by notice in the 14
approved form, require the driver not to drive a vehicle in contravention of 15
this Act. 16
(3) A person must not contravene, or attempt to contravene, a 17
requirement under subsection (2), unless the person has a reasonable 18
excuse. 19
Maximum penalty for subsection (3)-- 20
(a) for a private vehicle--60 penalty units; and 21
(b) for a heavy vehicle--120 penalty units. 22
to enable effective and safe exercise of other powers 23
Powers
39.(1) An authorised officer may require the person in control of a 24
vehicle to give the officer reasonable help to enable the officer to effectively 25
exercise a power under this Act in relation to the vehicle. 26
9 Section 31 (Power to stop private vehicles)
Section 32 (Power to stop heavy vehicles)
s 40 32 s 40
Transport Operations (Road Use
Management)
1
Examples of requirements for effectively exercising powers--
2
1. Requiring the vehicle to be held stationary on a weighing device to enable the
3
vehicle to be weighed.
4
2. Requiring the vehicle's bonnet to be opened to enable the engine to be
5
inspected.
(2) An authorised officer may require the person in control of a vehicle, 6
or a person who is in or just left the vehicle, to do or not to do anything the 7
officer reasonably believes is necessary-- 8
(a) to enable the officer to safely exercise a power under a transport 9
Act in relation to the vehicle; or 10
(b) to preserve the safety of the officer, the person or other persons. 11
12
Examples of safety requirements--
13
1. Requiring the persons in a vehicle to get out of the vehicle while the officer
14
inspects the vehicle's undercarriage.
15
2. Requiring a person who has just left the vehicle to stand back from the
16
carriageway of the road.
17
3. Requiring a person to remain in control of a vehicle for a reasonable time.
(3) A person must comply with a requirement under subsection (1) or 18
(2), unless the person has a reasonable excuse. 19
Maximum penalty for subsection (3)-- 20
(a) for a private vehicle--60 penalty units; or 21
(b) for a heavy vehicle--120 penalty units. 22
3--Power to seize evidence 23
Division
to seize evidence 24
Power
40.(1) An authorised officer who enters a place under this Part with the 25
occupier's consent may seize a thing in the place if-- 26
(a) the officer reasonably believes the thing is evidence of an offence 27
against a transport Act; and 28
(b) seizure of the thing is consistent with the purpose of entry as told 29
s 41 33 s 41
Transport Operations (Road Use
Management)
to the occupier when asking for the occupier's consent. 1
(2) An authorised officer who enters a place under this Part with a 2
warrant may seize the evidence for which the warrant was issued. 3
(3) An authorised officer may also seize anything else in a place 4
mentioned in subsection (1) or (2) if the officer reasonably believes-- 5
(a) the thing is evidence of an offence against a transport Act; and 6
(b) the seizure is necessary to prevent the thing being hidden, lost, 7
destroyed or used to continue or repeat the offence. 8
(4) An authorised officer who enters a vehicle under this Part may seize 9
anything in the vehicle if the officer reasonably believes the thing is 10
evidence of an offence against a transport Act. 11
supporting seizure 12
Powers
41.(1) Having seized a thing under this Division, an authorised officer 13
may-- 14
(a) move the thing from the place or vehicle where it was seized (the 15
"place of seizure"); or 16
(b) leave the thing at the place of seizure but take reasonable action to 17
restrict access to it. 18
19
Examples of restricting access to a thing--
20
1. Sealing a thing and marking it to show access to it is restricted.
21
2. Sealing the entrance to a room where the seized thing is situated and marking
22
it to show access to it is restricted.
(2) If an authorised officer restricts access to a seized thing, a person 23
must not tamper, or attempt to tamper, with it without an authorised 24
officer's approval. 25
Maximum penalty--60 penalty units. 26
(3) To enable a thing to be seized, an authorised officer may require the 27
person in control of it to take it to a stated reasonable place by a stated 28
reasonable time. 29
(4) The requirement-- 30
s 42 34 s 43
Transport Operations (Road Use
Management)
(a) must be made by notice in the approved form; or 1
(b) if for any reason it is not practicable to give the notice--may be 2
made orally and confirmed by notice in the approved form as 3
soon as practicable. 4
(5) The person must comply with the requirement, unless the person has 5
a reasonable excuse. 6
Maximum penalty--60 penalty units. 7
for seized things 8
Receipt
42.(1) As soon as practicable after an authorised officer seizes a thing, 9
the officer must give a receipt for it to the person from whom it was seized. 10
(2) However, if for any reason it is not practicable to comply with 11
subsection (1), the officer must leave the receipt at the place of seizure, in a 12
reasonably secure way and in a conspicuous position. 13
(3) An authorised officer need not give a receipt for a seized thing if-- 14
(a) the thing is unattended when seized; and 15
(b) the officer does not know who the owner of the thing is; and 16
(c) the officer cannot find the owner after making reasonable 17
inquiries (given the thing's value). 18
(4) The receipt must generally describe each thing seized and its 19
condition. 20
of seized things 21
Forfeiture
43.(1) A seized thing is forfeited to the State if the chief executive or 22
Commissioner-- 23
(a) cannot find its owner after making reasonable inquiries (given the 24
thing's value); or 25
(b) is unable, after making reasonable efforts, to return it to its owner; 26
or 27
(c) reasonably believes-- 28
s 44 35 s 45
Transport Operations (Road Use
Management)
(i) possession of the thing is an offence against a transport Act; 1
or 2
(ii) it is necessary to keep the thing to prevent it being used to 3
commit an offence against a transport Act; or 4
(iii) the thing does not comply with a transport Act and cannot be 5
repaired or otherwise changed to comply with a transport 6
Act; or 7
(iv) the thing is inherently unsafe. 8
(2) If the chief executive or Commissioner decides to forfeit a thing 9
under subsection (1)(c), the chief executive or Commissioner must inform 10
the owner of the thing of the decision by written notice. 11
(3) Subsection (2) does not apply if the chief executive or Commissioner 12
cannot find the owner after making reasonable inquiries (given the thing's 13
value). 14
(4) The notice must state-- 15
(a) the reasons for the decision; and 16
(b) that the owner may apply within 28 days for the decision to be 17
reviewed; and 18
(c) how the owner may apply for the review; and 19
(d) that the owner may apply for a stay of the decision if the owner 20
applies for a review. 21
with forfeited things 22
Dealing
44.(1) On the forfeiture of a thing-- 23
(a) it becomes the State's property; and 24
(b) it may be dealt with as the chief executive or Commissioner 25
considers appropriate. 26
(2) The chief executive or Commissioner must not deal with the thing 27
until any review of, or appeal against, the decision to forfeit the thing is 28
decided. 29
s 46 36 s 48
Transport Operations (Road Use
Management)
to seized things 1
Access
45. Until a seized thing is forfeited or returned, an authorised officer 2
must allow its owner-- 3
(a) to inspect it; or 4
(b) if it is a document--to copy it. 5
of seized things 6
Return
46.(1) If a seized thing has not been forfeited, the chief executive or 7
Commissioner must return it to its owner at the end of-- 8
(a) 6 months; or 9
(b) if a proceeding for an offence involving it is started within the 10
6 months--the proceeding and any appeal from the proceeding. 11
(2) Despite subsection (1), the authorised officer must return the seized 12
thing to its owner immediately the officer stops being satisfied its retention 13
as evidence is necessary. 14
4--General powers 15
Division
to set up checkpoints 16
Power
47.(1) The chief executive may approve a program under which 17
authorised officers may set up checkpoints to inspect motor vehicles to 18
ensure the vehicles comply with a transport Act. 19
(2) Under an approved program, an authorised officer may set up a 20
checkpoint on a road, or elsewhere with its occupier's consent. 21
to require name and address 22
Power
48.(1) This section applies if-- 23
(a) an authorised officer finds a person committing an offence 24
against a transport Act; or 25
(b) an authorised officer finds a person in circumstances that lead, or 26
s 49 37 s 49
Transport Operations (Road Use
Management)
has information that leads, the officer to suspect, on reasonable 1
grounds, the person has just committed an offence against a 2
transport Act; or 3
(c) for an authorised officer who is a police officer--a vehicle is 4
stationary on a road or has been stopped under section 31 or 32;10 5
or 6
(d) for an authorised officer who is not a police officer--a vehicle is 7
stationary on a road or has been stopped under section 32.11 8
(2) The officer may require the following person to state the person's 9
name and address-- 10
(a) for paragraph (a) or (b)--the person mentioned in the paragraph; 11
(b) for paragraph (c) or (d)--the person in control of the vehicle 12
mentioned in the paragraph. 13
(3) When making the requirement, the officer must warn the person it is 14
an offence to fail to state the person's name or address, unless the person 15
has a reasonable excuse. 16
(4) The officer may require the person to give evidence of the correctness 17
of the stated name or address if the officer suspects, on reasonable grounds, 18
the stated name or address is false. 19
(5) A person must comply with a requirement under subsection (2) 20
or (4), unless the person has a reasonable excuse. 21
Maximum penalty--60 penalty units. 22
(6) A person does not commit an offence against subsection (5) if-- 23
(a) the person was required to state the person's name and address 24
by an authorised officer who suspected the person had committed 25
an offence against this Act; and 26
(b) the person is not proved to have committed the offence. 27
10 Section 31 (Power to stop private vehicles)
Section 32 (Power to stop heavy vehicles)
11 Section 32 (Power to stop heavy vehicles)
s 50 38 s 50
Transport Operations (Road Use
Management)
to require documents to be produced 1
Power
49.(1) An authorised officer may require a person to produce for 2
inspection a document issued, or required to be kept, under a transport Act 3
or a corresponding law. 4
(2) The person must comply with the requirement, unless the person has 5
a reasonable excuse. 6
Maximum penalty--60 penalty units. 7
(3) The officer may keep the document to make a note on it or copy it. 8
(4) If the officer copies it, the officer may require the person responsible 9
for keeping the document to certify the copy as a true copy of the document. 10
(5) The person must certify the copy, unless the person has a reasonable 11
excuse. 12
Maximum penalty--60 penalty units. 13
(6) The officer must return the document to the person as soon as 14
practicable after making the note or copying it. 15
to require information 16
Power
50.(1) In this section-- 17
"information offence" means an offence against a transport Act that-- 18
(a) involves a heavy vehicle; and 19
(b) is declared under a regulation to be an information offence. 20
(2) This section applies if an authorised officer reasonably believes-- 21
(a) an information offence has been committed; and 22
(b) a person may be able to give information about the offence. 23
(3) The officer may require the person to give information about the 24
offence. 25
(4) When making the requirement, the officer must warn the person it is 26
an offence to fail to give the information, unless the person has a reasonable 27
excuse. 28
(5) The person must give the information, unless the person has a 29
s 51 39 s 51
Transport Operations (Road Use
Management)
reasonable excuse. 1
Maximum penalty--120 penalty units. 2
(6) It is a reasonable excuse for an individual to fail to give the 3
information if giving the information might tend to incriminate the 4
individual. 5
ART 4--ADDITIONAL POWERS OF POLICE 6
P
OFFICERS 7
of arrest 8
Power
51.(1) A police officer may arrest a person if-- 9
(a) the officer-- 10
(i) finds a person committing an offence against a section 11
mentioned in subsection (2); or 12
(ii) finds a person in circumstances that lead, or has information 13
that leads, the officer to suspect, on reasonable grounds, the 14
person has just committed an offence against a section 15
mentioned in subsection (2); and 16
(b) the officer reasonably believes proceedings by way of complaint 17
and summons against the person would be ineffective. 18
(2) The sections are-- 19
· section 31 (Power to stop private vehicles) 20
· section 32 (Power to stop heavy vehicles) 21
· section 33 (Power to require vehicles to be moved) 22
· section 37 (Power to prohibit use of vehicles) 23
· section 38 (Power to prohibit persons driving) 24
· section 48 (Power to require name and address) 25
· section 50 (Power to require information) 26
s 52 40 s 53
Transport Operations (Road Use
Management)
· section 52 (False or misleading statements) 1
· section 53 (False, misleading or incomplete documents) 2
· section 54 (Obstructing authorised officers or accredited persons) 3
· section 55 (Impersonating authorised officers or accredited 4
persons). 5
(3) This section does not limit the powers a police officer has as an 6
authorised officer. 7
PART 5--LEGAL PROCEEDINGS 8
1--Offences 9
Division
or misleading statements 10
False
52.(1) In this section-- 11
"official" means the chief executive, the Commissioner, an authorised 12
officer or an accredited person. 13
(2) A person must not-- 14
(a) state anything to an official for a transport Act that the person 15
knows is false or misleading in a material particular; or 16
(b) omit from a statement made to an official for a transport Act 17
anything without which the statement is, to the person's 18
knowledge, misleading in a material particular. 19
Maximum penalty--60 penalty units. 20
(3) It is enough for a complaint against a person for an offence against 21
subsection (2) to state that the statement made was false or misleading to 22
the person's knowledge. 23
s 54 41 s 56
Transport Operations (Road Use
Management)
misleading or incomplete documents 1
False,
53.(1) In this section-- 2
"official" means the chief executive, the Commissioner, an authorised 3
officer or an accredited person. 4
(2) A person must not give, for a transport Act, an official a document 5
containing information the person knows is false, misleading or incomplete 6
in a material particular. 7
Maximum penalty--60 penalty units. 8
(3) Subsection (2) does not apply to a person if the person, when giving 9
the document-- 10
(a) informs the official, to the best of the person's ability, how it is 11
false, misleading or incomplete; and 12
(b) if the person has, or can reasonably obtain, the correct 13
information--gives the correct information. 14
(4) It is enough for a complaint against a person for an offence against 15
subsection (1) to state that the statement made was false, misleading or 16
incomplete to the person's knowledge. 17
authorised officers or accredited persons 18
Obstructing
54.(1) In this section-- 19
"obstruct" includes hinder, intimidate, resist or threaten. 20
(2) A person must not obstruct an authorised officer or accredited person 21
in the exercise of a power, unless the person has a reasonable excuse. 22
Maximum penalty--60 penalty units. 23
authorised officers or accredited persons 24
Impersonating
55. A person must not pretend to be an authorised officer or accredited 25
person. 26
Maximum penalty--60 penalty units. 27
s 57 42 s 57
Transport Operations (Road Use
Management)
documents voided for non-payment 1
Using
56.(1) This section applies to a person (the "applicant") who pays the 2
fee for a licence or other document under a transport Act by cheque or other 3
method of payment. 4
(2) If the cheque or payment is not honoured on presentation or is later 5
dishonoured-- 6
(a) the licence or document is void from the day it was issued; and 7
(b) the applicant must, on demand by the chief executive or 8
Commissioner, immediately give the licence or document to the 9
department or a police officer. 10
(3) If, after the demand-- 11
(a) the applicant fails to immediately give the licence or document to 12
the department or a police officer; or 13
(b) uses, continues to use, or allows someone else to use, the licence 14
or document; or 15
(c) a person other than the applicant (the "other person") uses, 16
continues to use, or allows someone else to use, the licence or 17
document; 18
the applicant and the other person commit an offence. 19
Maximum penalty--60 penalty units. 20
(4) It is a defence for the other person to prove he or she did not know a 21
demand had been made under subsection (2)(b). 22
(5) If the State incurs expense because a cheque or payment is not 23
honoured or is later dishonoured-- 24
(a) the applicant must reimburse the expense; and 25
(b) the amount of the expense may be recovered as a debt payable by 26
the applicant to the State. 27
for offences 28
Liability
57.(1) In this section-- 29
s 58 43 s 60
Transport Operations (Road Use
Management)
"liability offence" means an offence against a transport Act that-- 1
(a) involves a heavy vehicle; and 2
(b) is declared under a regulation to be a liability offence. 3
(2) If the driver, or other person in control, of a heavy vehicle commits a 4
liability offence, the following persons are also taken to have committed the 5
offence-- 6
(a) the owner of the vehicle; 7
(b) if someone else controls or directly influences the loading or 8
operation of the vehicle--the other person. 9
(3) It is a defence for the owner or other person to prove he or she took 10
reasonable precautions and exercised appropriate diligence to avoid the 11
conduct alleged to constitute the offence. 12
Division 2--Evidence and procedure 13
of appointments unnecessary 14
Proof
58. For a transport Act, it is not necessary to prove the appointment of 15
the following persons-- 16
(a) the chief executive; 17
(b) the Commissioner; 18
(c) an authorised officer; 19
(d) an accredited person; 20
(e) a police officer. 21
of signatures unnecessary 22
Proof
59. For a transport Act, a signature purporting to be the signature of 1 of 23
the following persons is evidence of the signature it purports to be-- 24
(a) the chief executive; 25
(b) the Commissioner; 26
s 60 44 s 60
Transport Operations (Road Use
Management)
(c) an authorised officer; 1
(d) an accredited person; 2
(e) a police officer. 3
aids 4
Evidentiary
60.(1) In this section-- 5
"certificate" means a certificate purporting to be signed by the chief 6
executive or Commissioner. 7
(2) A certificate stating any of the following matters is evidence of the 8
matter-- 9
(a) a specified place was within a specified type of area declared 10
under a transport Act; 11
(b) a specified licence or other document under a transport Act or a 12
corresponding law was or was not in force in relation to a 13
specified person or vehicle; 14
(c) a specified place was or was not a road; 15
(d) a specified person was or was not registered as the owner of a 16
specified vehicle; 17
(e) a specified thing was State or local government property; 18
(f) a specified sign-- 19
(i) was or was not an official traffic sign; or 20
(ii) contained specified words; or 21
(iii) was on a specified place; 22
(g) specified particulars of a specified conviction, disqualification, 23
suspension, cancellation or licence or other condition under a 24
transport Act or a corresponding law; 25
(h) a specified vehicle was or was not inspected; 26
(i) a specified vehicle was or was not inspected in accordance with a 27
specified requirement of an authorised officer; 28
(j) the results of a specified vehicle inspection; 29
s 61 45 s 61
Transport Operations (Road Use
Management)
(k) a specified fee under a transport Act was or was not paid by a 1
specified person; 2
(l) a specified application under a transport Act was or was not 3
received; 4
(m) a specified vehicle was or was not of a specified type or was 5
carrying specified goods; 6
(n) the contents of a specified substance that was tested by a specified 7
analyst; 8
(o) that a specified copy of a licence or other document was a copy of 9
a licence or other document issued, or required to be kept, under a 10
transport Act or a corresponding law. 11
(3) A certificate-- 12
(a) may relate to a specified time or period; and 13
(b) if it is issued for a particular period--has the effect mentioned in 14
subsection (1) for the entire period. 15
(4) A regulation may provide for evidence of other matters to be 16
provided by a certificate. 17
(5) A document, or a copy of a document, purporting to be made or 18
given by a person under a transport Act containing personal particulars 19
given by the person is evidence of the particulars. 20
(6) Anything recorded by a photographic, mechanical, electronic or other 21
device under a transport Act is evidence-- 22
(a) that the recording was made and 23
(b) of the accuracy of the recording; and 24
(c) of the matters stated in the recording; and 25
(d) of matters prescribed under a regulation. 26
(7) Evidence by an authorised officer of the contents of a document 27
issued, required to be kept, under a transport Act or a corresponding law, 28
that was examined by the officer while in someone else's possession, may 29
be given by the officer without the document being produced. 30
31
Example of subsection (7)--
s 62 46 s 63
Transport Operations (Road Use
Management)
1
An authorised officer who examines a driver's log book may return the log book to
2
the driver to enable the driver to continue driving. The officer may give evidence of
3
the contents of the log book without producing it.
nstruments 4
I
61.(1) In this section-- 5
"instrument" means an instrument declared under a regulation to be an 6
instrument for this section, and includes-- 7
(a) a speedometer; and 8
(b) a breath analysing instrument; and 9
(c) a weighing device. 10
(2) A certificate stating that, on a specified day or at a specified time on a 11
specified day, a specified instrument-- 12
(a) was in a proper condition; or 13
(b) had a specified level of accuracy; 14
is evidence of those matters on the specified day or at the specified time, 15
and for any period, prescribed under a regulation, after that day. 16
(3) Evidence of the condition of the instrument, or the way in which it 17
was operated, is not required unless evidence that the instrument was not in 18
proper condition or was not properly operated has been given. 19
(4) A defendant who intends to challenge the condition of an instrument, 20
or the way in which it was operated, must give the complainant or arresting 21
police officer (if any) notice, in the approved form, of the intention to 22
challenge. 23
(5) The notice must be given at least 3 working days before the return 24
date of the summons or the appointed date for the hearing of the charge. 25
for offences 26
Proceedings
62.(1) A proceeding for an offence against a transport Act is a summary 27
proceeding under the Justices Act 1886. 28
(2) The proceeding must start-- 29
s 64 47 s 64
Transport Operations (Road Use
Management)
(a) within 1 year after the offence was committed; or 1
(b) within 6 months after the offence comes to the complainant's 2
knowledge, but within 2 years after the offence was committed. 3
PART 6--GENERAL 4
of damage 5
Notice
63.(1) This section applies if-- 6
(a) an authorised officer damages anything when exercising or 7
purporting to exercise a power under a transport Act; or 8
(b) a person acting under the direction of an authorised officer 9
damages anything. 10
(2) The officer must promptly give written notice of particulars of the 11
damage to the person who appears to be the owner of the thing. 12
(3) If the officer believes the damage was caused by a latent defect in the 13
thing or circumstances beyond the officer's control, the officer may state it 14
in the notice. 15
(4) If, for any reason, it is not practicable to comply with subsection (2), 16
the officer must leave the notice where the damage happened, in a 17
reasonably secure way and in a conspicuous position. 18
(5) This section does not apply to damage the officer reasonably believes 19
is trivial. 20
21
Compensation
64.(1) This section does not apply to the exercise of a power (including 22
the making of a requirement) to which section 31(2)(a)12 applies. 23
(2) A person may claim compensation from the State if the person incurs 24
12 Section 31 (Power to stop private vehicles)
s 65 48 s 66
Transport Operations (Road Use
Management)
loss or expense because of the exercise or purported exercise of a power 1
under a transport Act, including, for example, in complying with a 2
requirement made of the person. 3
(3) Compensation may be claimed and ordered in a proceeding-- 4
(a) brought in a court with jurisdiction for the recovery of the 5
compensation; or 6
(b) for an offence against this Act brought against the person 7
claiming compensation. 8
(4) A court may order compensation to be paid only if satisfied it is just 9
to make the order in the circumstances of the particular case. 10
(5) A regulation may prescribe matters that may, or must, be taken into 11
account by the court when considering whether it is just to make the order. 12
CHAPTER 4--REVIEW OF AND APPEALS 13
AGAINST DECISIONS 14
ART 1--REVIEW OF DECISIONS 15
P
may apply for review 16
Who
65.(1) A person whose interests are affected by a decision under 17
section 15, 16, 18 or 43 13 may apply to the person who made the decision 18
for the decision to be reviewed. 19
(2) The person has a right to receive a statement of the reasons for the 20
decision. 21
13 Section 15 (Alternative ways of complying with Act)
Section 16 (Approving alternative compliance schemes operating interstate)
Section 18 (Grounds for amending, suspending or cancelling approvals)
Section 43 (Forfeiture of seized things)
s 67 49 s 69
Transport Operations (Road Use
Management)
for review 1
Applying
66.(1) A person may apply for the review of a decision only within 2
28 days after notice of the decision was given to the person. 3
(2) However, if-- 4
(a) the notice did not state the reasons for the decision; and 5
(b) the person asked for a statement of the reasons within the 28 days 6
mentioned in subsection (1); 7
the person may apply within 28 days after the person is given the statement 8
of the reasons. 9
(3) In addition, the chief executive or Commissioner may extend the 10
period for applying. 11
(4) An application must be written and state in detail the grounds on 12
which the applicant wants the decision to be reviewed. 13
of operation of decision 14
Stay
67.(1) If a person applies under this Part for a decision to be reviewed, 15
the person may immediately apply to a Magistrates Court for a stay of the 16
decision. 17
(2) The court may stay the decision to secure the effectiveness of the 18
review and any later appeal to the court. 19
(3) A stay-- 20
(a) may be given on conditions the court considers appropriate; and 21
(b) operates for the period fixed by the court; and 22
(c) may be revoked or amended by the court. 23
(4) The period of a stay must not extend past the time when the chief 24
executive or Commissioner reviews the decision and any later period the 25
court allows the person to appeal against the decision. 26
(5) A decision, or the carrying out of a decision, is affected by an 27
application made under this Part for the decision to be reviewed only if the 28
decision is stayed. 29
s 70 50 s 71
Transport Operations (Road Use
Management)
to review panel 1
Reference
68.(1) If an application is made under this Part for a decision to be 2
reviewed, the chief executive must refer the application to a review panel for 3
advice. 4
(2) However, the chief executive or Commissioner need not refer an 5
application to a review panel if the chief executive or Commissioner 6
considers the application is frivolous or vexatious. 7
panels 8
Review
69.(1) The chief executive or Commissioner may establish review panels 9
for this Part. 10
(2) A review panel consists of persons nominated by the chief executive 11
or Commissioner. 12
(3) Each review panel must include-- 13
(a) at least 1 representative of the department; and 14
(b) if the vehicle involved is a private vehicle--at least 15
1 representative of the community; and 16
(c) if the vehicle involved is a heavy vehicle--at least 1 representative 17
of the community or transport industry; and 18
(d) at least 1 independent representative. 19
(4) A review panel may include a representative of the Commissioner. 20
(5) A regulation may make provision about review panels, including, for 21
example, the conduct of their proceedings and the making of 22
recommendations by them. 23
of application by review panel 24
Consideration
70.(1) If an application made under this Part for the review of a decision 25
is referred to a review panel, the panel must give the applicant or the 26
applicant's representative an opportunity to make representations to the 27
panel. 28
(2) After considering the representations, the review panel must 29
s 72 51 s 73
Transport Operations (Road Use
Management)
recommend to the chief executive or Commissioner whether or not the 1
decision should be confirmed or amended or another decision substituted. 2
on reconsideration 3
Decision
71.(1) After considering the review panel's recommendation, the chief 4
executive or Commissioner may confirm or amend the decision or 5
substitute a new decision. 6
(2) The chief executive or Commissioner must immediately give the 7
applicant written notice of the decision. 8
(3) If the decision is not the decision sought by the applicant, the notice 9
must state-- 10
(a) the reasons for the decision; and 11
(b) that the applicant may appeal against the decision to a specified 12
court within 28 days. 13
PART 2--APPEALS 14
may appeal 15
Who
72. A person whose interests are affected by a decision of the chief 16
executive or Commissioner under section 7114 may appeal against the 17
decision to a Magistrates Court. 18
19
Appealing
73.(1) A person may appeal against a decision under this Part only 20
within 28 days after notice of the decision was given to the person. 21
(2) However, if-- 22
(a) the notice did not state the reasons for the decision; and 23
14 Section 71 (Decision on reconsideration)
s 74 52 s 75
Transport Operations (Road Use
Management)
(b) the person asked for a statement of the reasons within the 28 days 1
mentioned in subsection (1); 2
the person may apply within 28 days after the person is given a statement of 3
the reasons. 4
(3) In addition, the court may extend the period for appealing. 5
(4) Sections 17 to 23 of the Transport Planning and Coordination Act 6
1994 apply to an appeal.15 7
HAPTER 5--ROAD USE 8
C
ART 1--VEHICLE AND ROAD USE FEES 9
P
for road use 10
Fees
74.(1) Fees for road use (other than registration fees) must take into 11
account, but must not be more than, the costs of the road use to other road 12
users and the community and the administrative costs involved. 13
14
Examples of costs of road use to other road users and the community--
15
1. Accelerated road wear
16
2. Costs of ensuring safety
17
3. Congestion
18
4. Noise
19
5. Pollution
(2) A regulation may prescribe a way of calculating or deciding the costs 20
of road use. 21
15 Transport Planning and Coordination Act 1994, sections 17 (Starting appeals),
18 (Stay of operation of decisions), 19 (Powers of court on appeal), 20 (Effect of
decision of court on appeal), 21 (Procedure of District Court), 22 (Assessors)
and 23 (Procedure of Magistrates Court)
s 76 53 s 78
Transport Operations (Road Use
Management)
PART 2--VEHICLE OPERATIONS 1
operations and road rules 2
Vehicle
75. A regulation may prescribe rules about the operation of vehicles and 3
use of the road network, including, for example, rules about-- 4
(a) driver behaviour; and 5
(b) loading, unloading and securing loads; and 6
(c) keeping and producing records; and 7
(d) vehicle mass and dimension; and 8
(e) defective vehicles and ways of managing them; and 9
(f) the environmental impact of vehicle use; and 10
(g) rules for using the road network for vehicles, trains, trams, 11
drivers, cyclists, pedestrians and animals; and 12
(h) removing vehicles from the road network if they pose a risk to 13
safety or impede the use of the road network; and 14
(i) the recovery of removed vehicles by their owners, and fees for 15
removing and storing the vehicles. 16
ART 3--VEHICLE MANAGEMENT 17
P
standards 18
Vehicle
76. A regulation may prescribe vehicle standards with which vehicles 19
must comply to use the road network. 20
of vehicles 21
Identification
77. A regulation may-- 22
(a) prescribe ways of identifying vehicles; and 23
s 79 54 s 80
Transport Operations (Road Use
Management)
(b) require the keeping of a register of the vehicles identified in those 1
ways; and 2
(c) provide for the circumstances in which details of the register's 3
contents can be given to someone. 4
PART 4--DRIVER MANAGEMENT 5
about driver management 6
Regulations
78. A regulation may prescribe rules about the management of drivers, 7
including, for example-- 8
(a) standards about driver skills and knowledge; and 9
(b) the testing and licensing of drivers; and 10
(c) rules about licences, including, in particular, the circumstances in 11
which, and the reasons for which, they can be cancelled or 12
suspended or conditions imposed on them; and 13
(d) requiring the keeping of a register of licences; and 14
(e) providing for the circumstances in which details of the register's 15
contents can be given to someone; and 16
(f) the granting of exemptions from conditions of licences. 17
on releasing information from register of licences 18
Restriction
79.(1) The chief executive may only release information from the register 19
of licences about a person's personal particulars or driving history to-- 20
(a) the person; or 21
(b) the Commissioner; or 22
(c) a person who keeps a register of licences under a corresponding 23
law; or 24
(d) with the person's written consent--someone else. 25
s 81 55 s 82
Transport Operations (Road Use
Management)
(2) Before releasing information under subsection (1)(c), the chief 1
executive must be satisfied the release of information from the register kept 2
under the corresponding law is adequately regulated. 3
CHAPTER 6--MISCELLANEOUS 4
orders for payment 5
Court
80.(1) In this section-- 6
"convicts" a person includes finds a person guilty, and accepts a plea of 7
guilty from a person, whether or not a conviction is recorded. 8
(2) If-- 9
(a) a court convicts a person of an offence against a transport Act; 10
and 11
(b) the person owes fees in relation to the offence; 12
the court may, in addition to or instead of imposing a penalty, order the 13
person to pay an amount of not more than double the amount of the fees. 14
(3) If-- 15
(a) a court convicts a person of an offence against a transport Act; 16
and 17
(b) in committing the offence, the person caused damage to road 18
transport infrastructure, including, for example, accelerated wear 19
of road pavements or structures through overloading; 20
the court may, in addition to imposing a penalty, order the person to pay an 21
amount of not more than the cost of the damage. 22
provision for serving documents 23
Special
81.(1) A document about a vehicle may be given to the vehicle's owner 24
under a transport Act by securely fixing the document to a part of the 25
vehicle in a way that a driver of the vehicle is likely to notice the document. 26
s 83 56 s 83
Transport Operations (Road Use
Management)
(2) This section does not affect-- 1
(a) the operation of another law that permits service of a document 2
other than as provided in this section;16 or 3
(b) the power of a court or tribunal to authorise service of a document 4
other than as provided in this section. 5
traffic sign approvals 6
Official
82.(1) In this section-- 7
"MUTCD" means the Manual of Uniform Traffic Control Devices issued 8
by the chief executive. 9
"official traffic sign" means a sign, marking, light or device placed or 10
erected to regulate, warn or guide traffic. 11
(2) The chief executive may approve the design of, and a method, 12
standard or procedure about, an official traffic sign. 13
(3) The approved design, method, standard or procedure must be 14
contained in the MUTCD or an approved notice. 15
(4) The MUTCD or approval notice must be available for purchase or 16
inspection by the public at the department's head office or the other offices 17
of the department that the chief executive directs. 18
from liability 19
Protection
83.(1) In this section-- 20
"official" means-- 21
(a) the Minister; and 22
(b) the chief executive; and 23
(c) the Commissioner; and 24
(d) an authorised officer; and 25
(e) an accredited person; and 26
16 See for example Acts Interpretation Act 1954, Part 10 (Service of documents).
s 84 57 s 85
Transport Operations (Road Use
Management)
(f) a person acting under the direction of an authorised officer; and 1
(g) an officer or employee of the department or the Police Service; 2
and 3
(h) the chief executive officer, or an officer or employee, of a local 4
government. 5
(2) An official is not civilly liable for an act done, or omission made, 6
honestly and without negligence under a transport Act. 7
(3) If subsection (2) prevents civil liability attaching to an official, the 8
liability attaches instead to-- 9
(a) for a person mentioned in subsection (1)(a) to (g)--the State; or 10
(b) for a person mentioned in subsection (1)(h)--the local 11
government. 12
of failure to comply with Ch 217 13
Effect
84.(1) It is Parliament's intention that Chapter 2 be complied with. 14
(2) However-- 15
(a) Chapter 2 is directory only and does not create rights or impose 16
legally enforceable obligations on the State, Minister, chief 17
executive or anyone else; and 18
(b) failure to comply with Chapter 2 does not affect the validity of 19
anything done or not done under this Act. 20
(3) In addition, a decision made, or appearing to be made, under 21
Chapter 2-- 22
(a) is final and conclusive; and 23
(b) cannot be challenged, appealed against, reviewed, quashed, set 24
aside, or called in question in another way, under the Judicial 25
Review Act 1991 (whether by the Supreme Court, another court, a 26
tribunal or another entity); and 27
(c) is not subject to a writ or order of the Supreme Court, another 28
17 Chapter 2 (Responsibilities for road use management strategies and programs)
s 85 58 s 85
Transport Operations (Road Use
Management)
court, a tribunal or another entity on any ground. 1
(4) In this section-- 2
"decision" includes-- 3
(a) conduct engaged in to make a decision; and 4
(b) conduct related to making a decision; and 5
(c) failure to make a decision. 6
7
Regulations
85.(1) The Governor in Council may make regulations under this Act. 8
(2) A regulation may be made prescribing offences for a contravention of 9
a regulation and fixing a maximum penalty of not more than 80 penalty 10
units for a contravention. 11
(3) A regulation may-- 12
(a) prescribe fees payable for a transport Act; or 13
(b) allow the chief executive to refund fees completely or partly or 14
provide concessions; or 15
(c) prescribe circumstances in which roads may be closed; or 16
(d) prescribe offences for misuse of roads; or 17
(e) provide for review of and appeals against decisions made under 18
the regulation; or 19
(f) require the collection, keeping or production of records; or 20
(g) establish requirements for the certification of instruments (within 21
the meaning of section 6118); or 22
(h) exempt a person or vehicle from a provision of this Act. 23
24
Example of subsection (3)(d)--
25
Offences for throwing rocks or other things onto roads.
(4) If the Commonwealth has enacted a law for the scheme to create 26
18 Section 61 (Instruments)
s 86 59 s 91
Transport Operations (Road Use
Management)
uniform or consistent national road transport legislation envisaged by the 1
agreements scheduled to the National Road Transport Commission Act 2
1991 (Cwlth), a regulation may enact provisions for the State that are the 3
same as, or substantially similar to, the law. 4
(5) For the provisions mentioned in subsection (4), a regulation may-- 5
(a) confer powers on the chief executive, the Commissioner, an 6
authorised officer or an accredited person; or 7
(b) make transitional provisions. 8
CHAPTER 7--TRANSITIONAL PROVISIONS, 9
AMENDMENTS AND REPEALS 10
of Dangerous Goods by Road Act 1984 references 11
Carriage
86. A reference to the Carriage of Dangerous Goods by Road Act 1984 12
is taken to be a reference to this Act. 13
Roads Act 1920 references 14
Main
87. A reference to the Main Roads Act 1920 is, other than in relation to 15
transport infrastructure or another matter dealt with under the Transport 16
Infrastructure Act 1994, taken to be a reference to this Act. 17
Vehicles Control Act 1975 references 18
Motor
88. A reference to the Motor Vehicles Control Act 1975 is taken to be a 19
reference to this Act. 20
Vehicles Safety Act 1980 references 21
Motor
89. A reference to the Motor Vehicles Safety Act 1980 is taken to be a 22
reference to this Act. 23
s 92 60 s 93
Transport Operations (Road Use
Management)
Transport Act 1960 references 1
State
90. A reference to the State Transport Act 1960, other than a reference 2
(whether express or implied) to a provision of that Act repealed by the 3
Transport Operations (Passenger Transport) Act 1994, is taken to be a 4
reference to this Act. 5
Infrastructure (Roads) Act 1991 references 6
Transport
91. A reference to the Transport Infrastructure (Roads) Act 1991 is, 7
other than in relation to transport infrastructure or another matter dealt with 8
under the Transport Infrastructure Act 1994, taken to be a reference to this 9
Act. 10
of Acts 11
Amendment
92. Schedule 1 amends the Acts mentioned in it. 12
of Acts 13
Repeal
93.(1) An Act mentioned in Schedule 2, Part 1 is repealed on a day to be 14
fixed by proclamation. 15
(2) A proclamation under subsection (1) may fix-- 16
(a) a single day or time for the repeal of an Act; or 17
(b) different days or times for the repeal of different provisions of an 18
Act; or 19
(c) a day or time for the repeal of only some provisions of an Act. 20
(3) If an Act, or provision of an Act, mentioned in Schedule 2 has not 21
been repealed within 2 years of the commencement of this section, it is 22
repealed by this subsection on the next day. 23
(4) A regulation may provide that subordinate legislation, or a provision 24
of subordinate legislation, made under an Act or provision of an Act 25
mentioned in Schedule 2 continues to have effect under this Act (with all 26
necessary changes and any changes prescribed under a regulation) for a 27
specified period of not longer than 1 year. 28
s 92 61 s 93
Transport Operations (Road Use
Management)
(5) Subsection (4) applies despite the repeal of the Act or provision. 1
(6) This section expires 3 years after it commences or, if an earlier date is 2
prescribed under a regulation, on that date. 3
(7) An Act mentioned in Schedule 2, Part 2 is repealed on assent. 4
5
62
Transport Operations (Road Use
Management)
CHEDULE 1 1
S
AMENDMENT OF ACTS 2
¡
section 92 of the Act 3
STATE TRANSPORT (PEOPLE-MOVERS) ACT 1989 4
1. Section 3, definition "Director-General"-- 5
omit. 6
2. Sections 13, 14(1), (2) and (3), 17(1)(a) and (b), 18(1), (3)(h), (4)(a) 7
and (b) and (5), 19(1) and (2), 20(1), (2), (3) and (4), 21, 22(2), (3), (4), 8
and (5), 23(1) and (2), 25(1), (2) and (4)(a), 26(1), (2) and (3), 27(1), (2) 9
and (4), 28(1), 29(2), 30(a), 34(1), 35, 38 1st mention, 39(1), (2) and (3) 10
and Schedule, sections 1, 2, 3, 10, 18, 21 and 24, `Corporation'-- 11
omit, insert-- 12
`chief executive'. 13
3. Section 14, section heading, `Corporation's'-- 14
omit, insert-- 15
`Chief executive's'. 16
4. Section 24, section heading, `Corporation's'-- 17
omit, insert-- 18
`chief executive's'. 19
63
Transport Operations (Road Use
Management)
SCHEDULE 1 (continued)
5. Section 23(1), `, by writing under its official seal, '-- 1
omit. 2
6. Sections 23(1) and (2), 24(2), 36(2), 38 and Schedule, section 5, 3
`Director-General'-- 4
omit, insert-- 5
`chief executive'. 6
7. Section 23(2), `its'-- 7
omit. 8
8. Sections 23(3), 24(1), 24(2)(a) and (b) and (3), 27(2), 9
`Corporation's'-- 10
omit, insert-- 11
`chief executive's'. 12
9. Section 27(1), `Director-General's'-- 13
omit, insert-- 14
`chief executive's'. 15
10. Section 28(1), `by its agents and servants,'-- 16
omit. 17
11. Section 34(1), `or the Director-General'-- 18
omit. 19
64
Transport Operations (Road Use
Management)
SCHEDULE 1 (continued)
12. Section 35, section heading, `Corporation and Director-General'-- 1
omit, insert-- 2
`Chief executive'. 3
13. Section 35, `and the Director-General'-- 4
omit. 5
14. Section 35, `their functions'-- 6
omit, insert-- 7
`the functions'. 8
15. Section 35, `their powers'-- 9
omit, insert-- 10
`the powers'. 11
16. Section 38, 2nd mention, `Corporation'-- 12
omit, insert-- 13
`State'. 14
TRAFFIC ACT 1949 15
1. Section 9, definition `road' after paragraph (c)-- 16
insert-- 17
18
`Example of paragraph (c)--
19
Under a regulation, a public parking area at a specified type of shopping centre
65
Transport Operations (Road Use
Management)
SCHEDULE 1 (continued)
1
may be declared to be a road for the purpose of Part 6A.'.
2. Section 44BA-- 2
insert-- 3
`(5A) For subsection (5), land controlled by a local government includes 4
land over which the local government may exercise control for the purpose 5
of this Part under an arrangement with a person who owns or has an 6
interest in the land. 7
8
Example--
9
Under subsection (5), a local government may, under an arrangement with the
10
owner of a shopping centre, specify a public parking area at the shopping centre as
11
an off-street regulated parking area and regulate the use of the area.'.
3. After section 70-- 12
insert-- 13
`Regulation offence penalty 14
`71.(1) To remove any doubt, it is declared that a person who 15
contravened the Traffic Regulation 1962, after the commencement of the 16
Schedule to the Traffic Amendment Act 1994 and before the commencement 17
of the Traffic Amendment Regulation (No. 1) 1995, committed an offence, 18
and was liable to a maximum penalty of 20 penalty units unless the 19
regulation provided for another penalty or maximum penalty for the 20
particular contravention. 21
`(2) This section has effect despite the Penalties and Sentences Act 1992, 22
section 46 (Fine limitations of certain courts). 23
`(3) This section expires on the day it commences. 24
`(4) The Acts Interpretation Act 1954, section 20A applies to this 25
section.'. 26
66
Transport Operations (Road Use
Management)
SCHEDULE 1 (continued)
TRANSPORT INFRASTRUCTURE ACT 1994 1
1. Section 29(1) and (3), penalty-- 2
omit, insert-- 3
`Maximum penalty--200 penalty units.'. 4
2. Section 42(3), penalty-- 5
omit, insert-- 6
`Maximum penalty--200 penalty units.'. 7
3. Section 43(1) and (3), penalty-- 8
omit, insert-- 9
`Maximum penalty--200 penalty units.'. 10
4. Section 45(3), penalty-- 11
omit, insert-- 12
`Maximum penalty--200 penalty units.'. 13
5. Section 46(6), penalty-- 14
omit, insert-- 15
`Maximum penalty--200 penalty units.'. 16
6. Section 50(1)-- 17
insert-- 18
`Maximum penalty--200 penalty units.'. 19
67
Transport Operations (Road Use
Management)
SCHEDULE 1 (continued)
7. Section 50(2), penalty-- 1
omit, insert-- 2
`Maximum penalty--200 penalty units.'. 3
8. Section 146, after `is'-- 4
insert-- 5
`, in relation to transport infrastructure or another matter deal with under 6
this Act,'. 7
9. Section 147-- 8
omit, insert-- 9
`Main Roads Act 1920 references 10
`147. A reference to the Main Roads Act 1920 is, other than in relation to 11
transport infrastructure or another matter dealt with under the Transport 12
Infrastructure Act 1994, taken to be a reference to this Act.'. 13
10. Chapter 8, Part 3, Division 4-- 14
omit. 15
TRANSPORT INFRASTRUCTURE (ROADS) ACT 1991 16
1. Part 2, Division 1, heading, `Corporation and'-- 17
omit. 18
68
Transport Operations (Road Use
Management)
SCHEDULE 1 (continued)
2. Section 2.4, section heading, `Corporation and'-- 1
omit. 2
3. Section 2.4, `the corporation and'-- 3
omit. 4
4. Section 2.4, `have'-- 5
omit, insert-- 6
`has'. 7
5. Sections 2.14(2)(b) and (e) and (3), 2.15, 9.1(4)(b), 9.19(b), 9.20, 8
9.23(1)(b), 9.23(1)(d) and 9.24(7), `Corporation'-- 9
omit, insert-- 10
`chief executive'. 11
6. Section 2.15(c), `Corporation's'-- 12
omit, insert-- 13
`chief executive's'. 14
7. Section 9.22(1)(e), 1st mention `the Corporation or'-- 15
omit. 16
8. Section 9.22(1)(e), `Corporation'-- 17
omit, insert-- 18
`chief executive'. 19
69
Transport Operations (Road Use
Management)
SCHEDULE 1 (continued)
9. Section 9.23(1)(b), `and sealed with its seal'-- 1
omit. 2
10. Section 9.23(1)(m), `Corporation'-- 3
omit, insert-- 4
`State'. 5
11. Section 9.24(1), `the Corporation or'-- 6
omit. 7
12. Schedule 1, Administration, `Corporation,'-- 8
omit. 9
13. Schedule 1, General Provisions, `Corporation'-- 10
omit, insert-- 11
`chief executive'. 12
14. Schedule 3, sections 7(1)(a) to (c),(e) and (f), 7(2) 1st and 3rd 13
mentions, `Corporation'-- 14
omit, insert-- 15
`State'. 16
15. Schedule 3, section 7(2), 2nd mention, `Corporation'-- 17
omit, insert-- 18
`chief executive'. 19
70
Transport Operations (Road Use
Management)
SCHEDULE 1 (continued)
TRANSPORT OPERATIONS (MARINE SAFETY) ACT 1
1994 2
1. Sections 42(3)(a)(i), after `a certificate'-- 3
insert-- 4
`of survey or a certificate'. 5
2. Section 60-- 6
insert-- 7
`(2) However, the only persons who may hold a licence to have the 8
conduct of a ship as its pilot are-- 9
(a) officers and employees of the department; or 10
(b) agents and employees of an entity prescribed under the 11
regulations.'. 12
3. After section 66-- 13
insert-- 14
`Building of ships 15
`66A. A person must not issue a certificate of compliance for the 16
building of a ship or part of a ship unless the person is a ship builder who is 17
accredited to issue the certificate. 18
Maximum penalty--500 penalty units or imprisonment for 1 year.'. 19
4. Section 67, heading-- 20
omit, insert-- 21
`Restriction on building of ships'. 22
71
Transport Operations (Road Use
Management)
SCHEDULE 1 (continued)
TRANSPORT PLANNING AND COORDINATION 1
ACT 1994 2
1. After section 8 in Part 2-- 3
insert-- 4
`Effect of failure to comply with Part 2 5
`8A.(1) It is Parliament's intention that this Part be complied with. 6
`(2) However-- 7
(a) this Part is directory only and does not create rights or impose 8
legally enforceable obligations on the State, Minister, chief 9
executive or anyone else; and 10
(b) failure to comply with this Part does not affect the validity of 11
anything done or not done under this Act or another Act. 12
`(3) In addition, a decision made, or appearing to be made, under this 13
Part-- 14
(a) is final and conclusive; and 15
(b) cannot be challenged, appealed against, reviewed, quashed, set 16
aside, or called in question in another way, under the Judicial 17
Review Act 1991 (whether by the Supreme Court, another court, a 18
tribunal or another entity); and 19
(c) is not subject to any writ or order of the Supreme Court, another 20
court, a tribunal or another entity on any ground. 21
`(4) In this section-- 22
"decision" includes-- 23
(a) conduct engaged in to make a decision; and 24
(b) conduct related to making a decision; and 25
(c) failure to make a decision.'. 26
27
72
Transport Operations (Road Use
Management)
CHEDULE 2 1
S
EPEALED ACTS 2
¡R
section 93 of the Act 3
PART 1--PRINCIPAL ACTS 4
Carriage of Dangerous Goods by Road Act 1984 No. 73 5
Motor Vehicles Control Act 1975 No. 39 6
Motor Vehicles Safety Act 1980 No. 3 7
State Transport Act 1960 Eliz 2 No. 48 8
Transport Infrastructure (Roads) Act 1991 No. 29 9
PART 2--AMENDING ACTS 10
Carriage of Dangerous Goods by Road Amendment Act 1988 No. 5 11
Carriage of Dangerous Goods by Road Amendment Act 1993 No. 16 12
Motor Vehicles Control Amendment Act 1988 No. 28 13
Motor Vehicles Safety Act and Other Acts Amendment Act 1985 No. 30 14
Motor Vehicles Safety Amendment Act 1990 No. 53 15
Motor Vehicles Safety Amendment Act 1993 No. 45 16
State Transport Amendment Act 1965 No. 63 17
State Transport Acts Amendment Act 1981 No. 93 18
State Transport Act and Another Act Amendment Act 1990 No. 16 19
Traffic Amendment Act 1994 No. 8 20
73
Transport Operations (Road Use
Management)
SCHEDULE 2 (continued)
Transport Infrastructure Amendment Act 1994 No. 32 1
Transport Legislation Amendment Act 1993 No. 5 2
Transport Legislation Amendment Act (No 2) 1993 No. 61 3
4
74
Transport Operations (Road Use
Management)
CHEDULE 3 1
S
ICTIONARY 2
¡D
section 5 of the Act 3
"accredited person" means a person who holds an appointment as an 4
accredited person under section 21.19 5
"alternative compliance scheme" see section 15. 6
"approved form" means a form approved by the chief executive. 7
"authorised officer" means a person who holds an appointment as an 8
authorised officer under section 20.20 9
"breath analysing instrument" means an instrument of a type prescribed 10
under a regulation for verifying, by analysis of a specimen of a 11
person's breath, what concentration of alcohol is present in the 12
person's blood. 13
"Commissioner" means the Commissioner of the Police Service. 14
"compliance plate" means a plate authorised to be placed on a vehicle, or 15
taken to have been placed on a motor vehicle, under the Motor Vehicle 16
Standards Act 1989 (Cwlth). 17
"corresponding law", to a transport Act or a provision of a transport Act, 18
means a law of the Commonwealth or another State that provides for 19
the same matter as-- 20
(a) for a transport Act--the Act or a provision of the Act; or 21
(b) for a provision of a transport Act--the provision. 22
"deal with" includes sell, dispose of and destroy. 23
"fee" includes a tax. 24
19 Section 21 (Appointment of accredited persons)
20 Section 20 (Appointment of authorised officers)
75
Transport Operations (Road Use
Management)
SCHEDULE 3 (continued)
"GVM" (gross vehicle mass) means the maximum loaded mass of a 1
vehicle-- 2
(a) stated on the vehicle's compliance plate; or 3
(b) if the maximum loaded mass is not stated on the compliance 4
plate--prescribed under a regulation. 5
"heavy vehicle" means-- 6
(a) a vehicle with a GVM of more than 4.5 t; or 7
(b) a public passenger vehicle; or 8
(c) another vehicle providing services on a road for which a licence is 9
required under a transport Act. 10
"in" a place or vehicle includes on the place or vehicle. 11
"interstate scheme" see section 16. 12
"licence" means a licence, permit or certificate under a transport Act, and 13
includes-- 14
(a) a renewal of the licence, permit or certificate; and 15
(b) an endorsement on the licence, permit or certificate. 16
"motor vehicle" means a vehicle propelled by a motor that forms part of 17
the vehicle, and includes a trailer attached to the vehicle. 18
"MUTCD" see section 82(1). 19
"number plate" means a plate or other device designed to be attached to a 20
vehicle to identify the vehicle. 21
"occupier" of a place includes a person who reasonably appears to be the 22
occupier, or in charge, of the place. 23
"official traffic sign" see section 82(1). 24
"on" a place includes within, under and over the place. 25
"operator" see section 15(2). 26
76
Transport Operations (Road Use
Management)
SCHEDULE 3 (continued)
"owner" includes-- 1
(a) for a seized thing--the person from whom the thing was seized 2
unless the chief executive or Commissioner is aware of the actual 3
owner; or 4
(b) for a vehicle-- 5
(i) each person who is the owner, joint owner or part owner of 6
the vehicle; and 7
(ii) a person who has the use and control of the vehicle under a 8
hiring agreement, hire purchase agreement or leasing 9
arrangement; and 10
(iii) the person in whose name the vehicle is registered under a 11
transport Act or a corresponding law; 12
but does not include the driver of a vehicle when the driver has been 13
provided as part of a hiring agreement for the vehicle. 14
"performance standard" see section 15. 15
"person in control" of a vehicle includes-- 16
(a) the driver of the vehicle; or 17
(b) the person who reasonably appears to be the driver; or 18
(c) the person who appears to be, claims to be or acts as if he or she 19
is in control of a vehicle. 20
"place" includes land, premises and water, but does not include a vehicle. 21
"private vehicle" means a vehicle other than a heavy vehicle. 22
"public passenger vehicle" has the same meaning as in the Transport 23
Operations (Passenger Transport) Act 1994. 24
"reasonably believe" means believe on reasonable grounds. 25
"registered" means registered in a register of vehicles kept by the chief 26
executive under a transport Act. 27
"road" has the meaning given by the Transport Infrastructure Act 1994, 28
Chapter 5 (Road Transport Infrastructure). 29
77
Transport Operations (Road Use
Management)
SCHEDULE 3 (continued)
"trailer" means a vehicle that is built to be towed, or is towed, by a motor 1
vehicle, but does not include a motor vehicle being towed. 2
"transport Act" means-- 3
(a) this Act; or 4
(b) another Act, or a provision of another Act, administered by the 5
Minister that is prescribed under a regulation. 6
"Transport Coordination Plan" means the Transport Coordination Plan 7
developed under the Transport Planning and Coordination Act 1994. 8
"unsafe", for a thing, means the thing is likely to cause loss of life, bodily 9
injury or damage to property if used in a normal way. 10
"vehicle" includes any type of transport that moves on wheels and a 11
hovercraft but does not include a train or tram. 12
13
© State of Queensland 1995
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