Queensland Bills Queensland Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Transport and Other
Legislation Amendment Bill
2010
Queensland
Transport and Other Legislation
Amendment Bill 2010
Contents
Page
Chapter 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Chapter 2 Amendment of Transport Operations (Road Use
Management) Act 1995--road safety reforms
Part 1 Preliminary
3 Act amended in chapter and schedule . . . . . . . . . . . . . . . . . . . . . 15
Part 2 No alcohol limit
4 Amendment of s 79 (Vehicle offences involving liquor or other
drugs) ......................................... 15
5 Amendment of s 79B (Immediate suspension or disqualification) 17
6 Amendment of s 80 (Breath and saliva tests, and analysis and
laboratory tests) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
7 Amendment of s 81 (Notices to offenders for certain first
offences) ..................................... 18
8 Amendment of s 86 (Disqualification of drivers of motor vehicles
for certain offences) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
9 Amendment of s 87 (Issue of restricted licence to disqualified
person) ...................................... 18
10 Amendment of s 90A (Definitions for ss 90B-90D) . . . . . . . . . . . 18
Part 3 Alcohol ignition interlocks
11 Replacement of s 17A (Definition) . . . . . . . . . . . . . . . . . . . . . . . . 19
17A Meaning of approval for pt 1A . . . . . . . . . . . . . . . . . . 19
12 Amendment of s 18 (Grounds for amending, suspending or
cancelling approvals) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
13 Amendment of s 60 (Evidentiary aids) . . . . . . . . . . . . . . . . . . . . . 20
14 Amendment of s 78 (Driving of motor vehicle without a driver
licence prohibited) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Transport and Other Legislation Amendment Bill 2010
Contents
15 Amendment of s 79 (Vehicle offences involving liquor or other
drugs) ....................................... 22
16 Amendment of s 90A (Definitions for ss 90B-90D) . . . . . . . . . . . 23
17 Insertion of new ch 5, pt 3B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Part 3B Alcohol ignition interlocks
Division 1 Preliminary
91I Definitions for pt 3B . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Division 2 Interlock condition
91J Persons to whom div 2 applies. . . . . . . . . . . . . . . . . . 26
91K Interlock condition . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
91L Nomination of vehicle . . . . . . . . . . . . . . . . . . . . . . . . . 27
91M Interlock period. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
91N Prescribed period . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
91O When interlock condition ends . . . . . . . . . . . . . . . . . . 31
Division 3 Interlock exemption
91P Applying for interlock exemption. . . . . . . . . . . . . . . . . 31
91Q Deciding application for interlock exemption . . . . . . . 31
91R Decision on application and exemption certificate . . . 33
91S When interlock exemption stops having effect . . . . . . 34
91T What happens when interlock exemption stops
having effect ........................... 34
Division 4 Extending interlock driver's prescribed period
91U Grounds for extending prescribed period . . . . . . . . . 35
91V Procedure for extending prescribed period . . . . . . . . 35
Division 5 Offences
91W Driving a motor vehicle other than as allowed under
an interlock condition . . . . . . . . . . . . . . . . . . . . . . . . . 36
91X Noncompliance with restrictions applying to interlock
exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
91Y Person with interlock exemption must give
notification of change in circumstances . . . . . . . . . . . 38
Division 6 Other provisions about interlocks
91Z Regulations relating to interlocks . . . . . . . . . . . . . . . . 39
18 Amendment of s 124 (Facilitation of proof). . . . . . . . . . . . . . . . . . 39
19 Amendment of s 168A (Effect of particular corresponding
administrative action or corresponding order in relation to
heavy vehicle) .................................. 41
20 Amendment of sch 3 (Reviewable decisions). . . . . . . . . . . . . . . . 41
Page 2
Transport and Other Legislation Amendment Bill 2010
Contents
21 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 42
Part 4 Heavy vehicle speeding
22 Amendment of s 26A (Further power to enter place of business
in relation to heavy vehicle or prescribed dangerous goods
vehicle) ....................................... 43
23 Amendment of s 48A (Further power to require personal
details for exercising power in relation to heavy vehicle or
transport of dangerous goods) . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
24 Amendment of s 49A (Direction to provide information about
heavy vehicles and transport of dangerous goods) . . . . . . . . . . . 44
25 Amendment of s 50AB (Power to require help to find and
access particular documents or information) . . . . . . . . . . . . . . . . 44
26 Amendment of s 57AB (Definitions for sdiv 2) . . . . . . . . . . . . . . . 45
27 Amendment of s 57B (Further liability provisions for extended
liability offences) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
28 Replacement of ss 57DB and 57DC . . . . . . . . . . . . . . . . . . . . . . 47
57DB Matters court may consider for deciding whether
person took all reasonable steps--particular
offences about heavy vehicles . . . . . . . . . . . . . . . . . . 47
57DC When person regarded to have taken all reasonable
steps--particular offences about heavy vehicles . . . . 49
29 Amendment of s 57F (Proof of compliance with industry code of
practice) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
30 Amendment of s 57H (Criminal Code, s 24 does not apply to
particular offences). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
31 Insertion of new ch 5D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
Chapter 5D Heavy vehicle speeding
Part 1 Preliminary
163AA Main purpose of ch 5D . . . . . . . . . . . . . . . . . . . . . . . . 52
163AB Outline of the main features of ch 5D . . . . . . . . . . . . . 52
163AC Definitions for ch 5D . . . . . . . . . . . . . . . . . . . . . . . . . . 53
Part 2 Particular duties and offences
Division 1 Employers, prime contractors and operators
163AD Duty of employer, prime contractor or operator to
ensure business practices will not cause driver to
exceed speed limit etc. ................ 54
163AE Duty of employer not to cause driver to drive if
particular requirements not complied with . . . . . . . . . 55
163AF Duty of prime contractor or operator not to cause
driver to drive if particular requirements not
complied with ......................... 56
Page 3
Transport and Other Legislation Amendment Bill 2010
Contents
Division 2 Schedulers
163AG Duty to ensure driver's schedule will not cause driver
to exceed speed limit . . . . . . . . . . . . . . . . . . . . . . . . . 56
163AH Duty not to cause driver to drive if particular
requirements not complied with . . . . . . . . . . . . . . . . . 57
Division 3 Loading managers
163AI Duty of loading manager to ensure loading
arrangements will not cause driver to exceed speed
limit ................................. 58
Division 4 Particular consignors and consignees
163AJ Consignors to whom div 4 applies . . . . . . . . . . . . . . . 58
163AK Consignees to whom div 4 applies. . . . . . . . . . . . . . . 59
163AL Duty of consignor or consignee to ensure terms of
consignment will not cause driver to exceed speed
limit etc. ............................. 59
163AM Duty of consignor or consignee not to make a
demand that may result in driver exceeding the
speed limit ............................ 60
Division 5 Particular requests etc. and contracts
prohibited
163AN Who is a party in the chain of responsibility . . . . . . . . 60
163AO Particular requests etc. prohibited . . . . . . . . . . . . . . . 61
163AP Particular contracts etc. prohibited . . . . . . . . . . . . . . . 62
32 Amendment of s 163D (Deciding whether person knew or
ought reasonably to have known something) . . . . . . . . . . . . . . . . 62
33 Replacement of s 163E (Objective reasonableness test to be
used in deciding causation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
163E Objective reasonableness test to be used in
deciding causation . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
163F Commission of heavy vehicle speeding offence is
irrelevant to ch 5D, pt 2 prosecution . . . . . . . . . . . . . . 64
34 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 64
Part 5 Speed and redlight cameras
35 Amendment of s 113 (Definitions for div 2) . . . . . . . . . . . . . . . . . 66
36 Amendment of s 116 (Notice accompanying summons) . . . . . . . 67
37 Amendment of s 118 (Photographic evidence--inspection and
challenges) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
38 Amendment of s 120 (Evidentiary provisions) . . . . . . . . . . . . . . . 67
39 Insertion of new s 120A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
120A Average speed of motor vehicle is evidence of
actual speed in certain circumstances . . . . . . . . . . . . 68
Page 4
Transport and Other Legislation Amendment Bill 2010
Contents
40 Amendment of s 124 (Facilitation of proof). . . . . . . . . . . . . . . . . . 70
41 Amendment of s 124A (Additional ground of challenge not
stated in written notice required under particular provisions) . . . . 70
42 Insertion of new s 222 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
222 Transitional provisions relating to photographic
detection devices . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
Chapter 3 Adult Proof of Age Card and New Queensland Driver
Licensing amendments
Part 1 Amendment of Adult Proof of Age Card Act 2008
43 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
44 Replacement of s 5 (What is an adult proof of age card) . . . . . . . 72
5 What is an adult proof of age card . . . . . . . . . . . . . . . 72
45 Amendment of s 6 (Card is property of the State) . . . . . . . . . . . . 73
46 Amendment of s 9 (Application for new card by electronic
communication) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
47 Amendment of s 11 (Decision on application) . . . . . . . . . . . . . . . 73
48 Amendment of s 13 (Expiry of card). . . . . . . . . . . . . . . . . . . . . . . 74
49 Insertion of new s 23A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
23A Proof of giving documents . . . . . . . . . . . . . . . . . . . . . 74
50 Amendment of s 30 (Restricted release of information in APA
register) ..................................... 74
51 Replacement of s 31 (Obtaining digital photo and digitised
signature) ................................... 74
31 Obtaining digital photo and digitised signature. . . . . . 75
31A Extending shelf life of digital photo and digitised
signature ............................ 76
52 Amendment of s 32 (Using digital photo and digitised signature) 76
53 Amendment of s 33 (Restricted access to digital photo) . . . . . . . 77
54 Replacement of s 37 (Retention period for digital photo and
digitised signature) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
37 Retention period for digital photo and digitised
signature ............................ 77
55 Insertion of new s 47A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
47A Keeping and using information obtained or kept
under this Act or particular transport Acts . . . . . . . . . 78
56 Amendment of s 49 (Regulation-making power) . . . . . . . . . . . . . 79
57 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 80
Page 5
Transport and Other Legislation Amendment Bill 2010
Contents
Part 2 Amendment of Transport (New Queensland Driver
Licensing) Amendment Act 2008
58 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
59 Amendment of s 5 (Insertion of new ch 7, pt 5A) . . . . . . . . . . . . . 80
60 Insertion of new ss 8A and 8B . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
8A Replacement of ss 14-18. . . . . . . . . . . . . . . . . . . . . . 81
8B Amendment of s 19 (Permit for applicant for driver's
or assistant's certificate) . . . . . . . . . . . . . . . . . . . . . . . 84
61 Amendment of s 9 (Insertion of new pt 3, divs 2 and 3) . . . . . . . . 84
62 Insertion of new ss 9A-9D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
9A Amendment of s 21F (Surrender of authority on
authority holder's request) . . . . . . . . . . . . . . . . . . . . . 89
9B Amendment of s 21G (Delivery of cancelled or
suspended authority) . . . . . . . . . . . . . . . . . . . . . . . . . 90
9C Insertion of new s 34 . . . . . . . . . . . . . . . . . . . . . . . . . 90
9D Replacement of s 35 (Production of licence,
certificate or permit) . . . . . . . . . . . . . . . . . . . . . . . . . . 90
63 Replacement of s 11 (Amendment of s 43 (Regulation-making
power)) .................................... 91
11 Amendment of s 43 (Regulation-making power) . . . . 91
64 Insertion of new s 11A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
11A Amendment of sch 1 (Reviewable decisions). . . . . . . 93
65 Amendment of s 12 (Amendment of sch 2 (Dictionary)) . . . . . . . 94
66 Replacement of s 14 (Amendment of s 62 (Grant, amendment
and renewal of licences)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
14 Amendment of s 62 (Grant, amendment and
renewal of licences) . . . . . . . . . . . . . . . . . . . . . . . . . . 95
67 Insertion of new s 14A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
14A Insertion of new s 63AA . . . . . . . . . . . . . . . . . . . . . . . 95
68 Amendment of s 15 (Insertion of new pt 5, divs 3A and 3B) . . . . 96
69 Amendment of s 17 (Amendment of schedule (Dictionary)). . . . . 101
70 Replacement of s 20 (Amendment of s 29 (Granting, renewing
or refusing driver authorisation)) . . . . . . . . . . . . . . . . . . . . . . . . . 102
20 Amendment of s 29 (Granting, renewing or refusing
driver authorisation) . . . . . . . . . . . . . . . . . . . . . . . . . . 102
71 Insertion of new s 20A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
20A Insertion of new s 29AA . . . . . . . . . . . . . . . . . . . . . . . 103
72 Amendment of s 21 (Insertion of new s 34A) . . . . . . . . . . . . . . . . 104
73 Amendment of s 22 (Insertion of new ch 4, pts 2 and 3) . . . . . . . 105
Page 6
Transport and Other Legislation Amendment Bill 2010
Contents
74 Amendment of s 24 (Amendment of sch 3 (Dictionary)) . . . . . . . 109
75 Amendment of s 28 (Insertion of new ch 5, pt 3A) . . . . . . . . . . . . 110
76 Insertion of new s 28A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
28A Insertion of new s 126A . . . . . . . . . . . . . . . . . . . . . . . 114
77 Replacement of s 30 (Amendment of s 150A (Regulating form
of licence)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
30 Replacement of s 150A (Regulating form of licence) . 114
78 Amendment of s 31 (Amendment of sch 4 (Dictionary)) . . . . . . . 117
Part 3 Amendment of Transport Operations (Marine Safety) Act
1994
79 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
80 Insertion of new s 62A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
62A When licence is void. . . . . . . . . . . . . . . . . . . . . . . . . . 118
81 Amendment of s 63 (Cancellation, suspension and
amendment of licences) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
82 Amendment of s 202C (Licence cancelled when order made
under s 202A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
83 Amendment of s 202K (Variation of restrictions) . . . . . . . . . . . . . 118
Chapter 4 Other amendments
Part 1 Amendment of Transport Infrastructure Act 1994
84 Act amended in part and schedule. . . . . . . . . . . . . . . . . . . . . . . . 119
85 Amendment of s 84C (Effect on land of State toll road corridor
land declaration) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
86 Amendment of s 105J (Effect on land of local government
tollway corridor land declaration) . . . . . . . . . . . . . . . . . . . . . . . . . 119
87 Amendment of s 480 (Disposal of fees, penalties etc.) . . . . . . . . 119
Part 2 Amendment of Transport Operations (Marine Pollution) Act
1995
88 Act amended in part and schedule. . . . . . . . . . . . . . . . . . . . . . . . 121
89 Amendment of s 45 (Definitions for pt 7) . . . . . . . . . . . . . . . . . . . 121
89A Amendment of s 47 (Discharge of untreated sewage into nil
discharge waters for untreated sewage prohibited) . . . . . . . . . . . 121
89B Amendment of s 48 (Discharge of treated sewage into nil
discharge waters for treated sewage prohibited) . . . . . . . . . . . . . 121
89C Amendment of s 48A (Ship with fixed toilet operating in
prescribed nil discharge waters to be able to hold or treat
sewage) ...................................... 122
90 Amendment of s 50A (Discharge of sewage by prescribed
ships) ..................................... 122
Page 7
Transport and Other Legislation Amendment Bill 2010
Contents
91 Amendment of s 55AA (Placard about garbage disposal
requirements) ................................ 123
92 Amendment of s 97 (Definitions for division) . . . . . . . . . . . . . . . . 124
93 Insertion of new pt 17, div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
Division 5 Transitional provision for Transport and Other
Legislation Amendment Act 2010
159 Amendment of regulation by Transport and Other
Legislation Amendment Act 2010 does not affect
powers of Governor in Council . . . . . . . . . . . . . . . . . . 124
94 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 124
Part 3 Amendment of the Transport Operations (Marine Pollution)
Regulation 2008
95 Regulation amended in part and schedule. . . . . . . . . . . . . . . . . . 126
96 Omission of s 4 (MARPOL) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
97 Amendment of s 6 (Meaning of words and expressions in pt 2). . 126
98 Amendment of s 9 (Conditions for discharge of oil other than
oil from machinery space bilges) . . . . . . . . . . . . . . . . . . . . . . . . . 126
99 Amendment of s 16 (Form of oil record book) . . . . . . . . . . . . . . . 126
100 Amendment of s 34 (Form of cargo record book) . . . . . . . . . . . . 127
101 Amendment of s 44 (Nil discharge waters for untreated
sewage--Act, s 47) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
102 Amendment of s 47 (Nil discharge waters for treated sewage or
untreated sewage--Act, s 49) . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
103 Amendment of s 53 (Ship must be fitted with macerator). . . . . . . 127
104 Amendment of pt 12, div 2, hdg (Analyst's reports and forms). . . 128
105 Insertion of new pt 12, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
Division 3 Miscellaneous
96A Area prescribed for Act, schedule, definition
designated area, paragraph (d) . . . . . . . . . . . . . . . . . 128
106 Omission of sch 1 (MARPOL) . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
107 Amendment of sch 4 (Nil discharge waters for untreated
sewage) ................................... 128
108 Amendment of sch 6 (Nil discharge waters for treated sewage
or untreated sewage from declared ship) . . . . . . . . . . . . . . . . . . . 129
109 Amendment of sch 8 (Areas within the Great Barrier Reef Coast
Marine Park that are designated areas) . . . . . . . . . . . . . . . . . . . . 129
110 Amendment of sch 9 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 129
111 Renumbering of schs 2-9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
Page 8
Transport and Other Legislation Amendment Bill 2010
Contents
Part 4 Amendment of Transport Operations (Marine Safety) Act
1994
112 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130
113 Amendment of s 201 (Evidentiary provisions) . . . . . . . . . . . . . . . 130
Part 5 Amendment of Transport Operations (Passenger Transport)
Act 1994
Division 1 Preliminary
114 Act amended in part and schedule. . . . . . . . . . . . . . . . . . . . . . . . 130
Division 2 Amendment of provisions relocated from Transport
Operations (TransLink Transit Authority) Act 2008
115 Amendment of s 67B (Declaration of special event) . . . . . . . . . . 131
116 Amendment of s 67C (Coordination power for mass transit
services to special events) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
117 Amendment of s 67D (TransLink approval required for special
event services) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
118 Amendment of s 67E (Special event approvals). . . . . . . . . . . . . . 131
Division 3 Other amendments
119 Insertion of new ch 6, pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132
Part 4 Special events
Division 1 Special events in TransLink area
Division 2 Special events in non-TransLink area
67F Declaration of special event . . . . . . . . . . . . . . . . . . . . 132
67G Coordination power for scheduled passenger
services to special events. . . . . . . . . . . . . . . . . . . . . . 133
67H Chief executive's approval required for special event
services ............................ 133
67I Special event approvals . . . . . . . . . . . . . . . . . . . . . . . 134
120 Amendment of s 113D (Transit officer must not be under the
influence of alcohol or drugs) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
121 Amendment of s 113G (Revocation of appointment of transit
officer) ..................................... 134
122 Replacement of ss 116 and 117. . . . . . . . . . . . . . . . . . . . . . . . . . 135
116 Chief executive may require transit officer to undergo
alcohol test or drug test . . . . . . . . . . . . . . . . . . . . . . . 135
123 Amendment of s 129ZD (Amendment or revocation of exclusion
order generally) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
124 Insertion of new ch 13, pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
Part 9 Transitional provisions for Transport and Other
Legislation Amendment Act 2010
Division 1 Provisions for relocated provisions
Page 9
Transport and Other Legislation Amendment Bill 2010
Contents
184 Relocation of TransLink Act provisions. . . . . . . . . . . . 137
Division 2 Other provisions
185 Provision for s 67B . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
186 Provision for s 67D . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
187 Deferral of application of s 67H for particular
contracts and arrangements for special event
services ............................. 139
125 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 139
Part 6 Amendment of Transport Operations (Road Use
Management) Act 1995
126 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140
127 Amendment of s 66 (Local laws etc.) . . . . . . . . . . . . . . . . . . . . . . 140
128 Replacement of s 133 (Occupiers of garages etc. to keep
register of repairs) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140
133 Business owner to make record about repairs . . . . . . 141
129 Insertion of new ch 7, pt 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143
Part 15 Transitional provisions for Transport and Other
Legislation Amendment Act 2010
221 Declaration for s 66(3)(k) . . . . . . . . . . . . . . . . . . . . . . 143
130 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 144
Part 7 Amendment of Transport Operations (TransLink Transit
Authority) Act 2008
131 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
132 Relocation of ss 47-50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
133 Omission of pt 7, hdg (Special events). . . . . . . . . . . . . . . . . . . . . 145
134 Omission of s 57 (Deferral of application of s 49 for particular
contracts and arrangements for special event services) . . . . . . . 145
135 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 145
Part 8 Amendment of Transport Planning and Coordination Act
1994
136 Act amended in part and schedule. . . . . . . . . . . . . . . . . . . . . . . . 145
137 Insertion of new ss 36F and 36G . . . . . . . . . . . . . . . . . . . . . . . . . 145
36F Keeping and using information obtained or kept
under particular transport Acts or Adult Proof of Age
Card Act 2008 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146
36G Smartcard transport authority. . . . . . . . . . . . . . . . . . . 147
Part 9 Minor and consequential amendments
138 Acts amended in schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148
Schedule Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149
Page 10
Transport and Other Legislation Amendment Bill 2010
Contents
Part 1 Amendments commencing on date of assent
Acts Interpretation Act 1954 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149
Maritime Safety Queensland Act 2002 . . . . . . . . . . . . . . . . . . . . . 149
Transport Infrastructure Act 1994 . . . . . . . . . . . . . . . . . . . . . . . . . 150
Transport Legislation Amendment Act 2007. . . . . . . . . . . . . . . . . 152
Transport Operations (Marine Pollution) Act 1995 . . . . . . . . . . . . 152
Transport Operations (Marine Pollution) Regulation 2008 . . . . . . 155
Transport Operations (Passenger Transport) Act 1994 . . . . . . . . 157
Transport Operations (Road Use Management) Act 1995 . . . . . . 159
Transport Operations (TransLink Transit Authority) Act 2008 . . . . 166
Transport Planning and Coordination Act 1994 . . . . . . . . . . . . . . 166
Transport Security (Counter-Terrorism) Act 2008. . . . . . . . . . . . . 167
Part 2 Other amendments
Transport Operations (Road Use Management) Act 1995 . . . . . . 167
Page 11
2010
A Bill
for
An Act to amend the Adult Proof of Age Card Act 2008, the
Transport Infrastructure Act 1994, the Transport (New
Queensland Driver Licensing) Amendment Act 2008, the
Transport Operations (Marine Pollution) Act 1995, the Transport
Operations (Marine Pollution) Regulation 2008, the Transport
Operations (Marine Safety) Act 1994, the Transport Operations
(Passenger Transport) Act 1994, the Transport Operations
(Road Use Management) Act 1995, the Transport Operations
(TransLink Transit Authority) Act 2008 and the Transport
Planning and Coordination Act 1994 for particular purposes,
and to make consequential or minor amendments of Acts as
stated in the schedule for particular purposes
Transport and Other Legislation Amendment Bill 2010
Chapter 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Chapter 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Transport and Other Legislation 4
Amendment Act 2010. 5
Clause 2 Commencement 6
(1) Subject to subsections (2) and (3), this Act commences on a 7
day to be fixed by proclamation. 8
(2) The following provisions commence on the date of assent-- 9
(a) chapter 2, part 5; 10
(b) chapter 3, parts 1 and 2; 11
(c) chapter 4, other than the following provisions-- 12
· section 128; 13
· part 8; 14
(d) schedule, part 1. 15
(3) Chapter 4, part 5, division 2 commences immediately after the 16
commencement of section 132. 17
Page 14
Transport and Other Legislation Amendment Bill 2010
Chapter 2 Amendment of Transport Operations (Road Use Management) Act 1995--road
safety reforms
Part 1 Preliminary
[s 3]
Chapter 2 Amendment of Transport 1
Operations (Road Use 2
Management) Act 3
1995--road safety reforms 4
Part 1 Preliminary 5
Clause 3 Act amended in chapter and schedule 6
This chapter and the schedule, parts 1 and 2 amend the 7
Transport Operations (Road Use Management) Act 1995. 8
Part 2 No alcohol limit 9
Clause 4 Amendment of s 79 (Vehicle offences involving liquor or 10
other drugs) 11
(1) Section 79(1D), (1E), (2F), (2G), (2H), (2I), (4), (4A), 12
(6)(a)(iv)(B) and (d) and (9), `or (2J)'-- 13
omit, insert-- 14
`, (2J), (2K) or (2L)'. 15
(2) Section 79(2A), `who is under 25 years,'-- 16
omit. 17
(3) Section 79(2C)-- 18
insert-- 19
`(g) a specially constructed vehicle within the meaning of 20
the driver licensing regulation; 21
Page 15
Transport and Other Legislation Amendment Bill 2010
Chapter 2 Amendment of Transport Operations (Road Use Management) Act 1995--road
safety reforms
Part 2 No alcohol limit
[s 4]
(h) a tractor that is not a specially constructed vehicle 1
mentioned in paragraph (g).'. 2
(4) Section 79-- 3
insert-- 4
`(2K) Offence for class RE licence holders if riding etc. a motorbike 5
while over no alcohol limit but not over general alcohol limit 6
A person who is the holder of a class RE licence, while the 7
person is over the no alcohol limit but not over the general 8
alcohol limit, must not-- 9
(a) ride a motorbike; or 10
(b) attempt to put a motorbike in motion; or 11
(c) be in charge of a motorbike; 12
unless the person has held a valid class RE licence for a period 13
of least 1 year during the previous 5-year period. 14
Maximum penalty--14 penalty units or 3 months 15
imprisonment. 16
Note-- 17
See subsections (2) and (2B) for offences relating to driving other motor 18
vehicles. 19
`(2L) Offence for class RE licence holders if learning to ride etc. a 20
class R motorbike while over no alcohol limit but not over 21
general alcohol limit 22
A person who is the holder of a class RE licence, while the 23
person is over the no alcohol limit but is not over the general 24
alcohol limit, must not-- 25
(a) learn to ride a class R motorbike; or 26
(b) attempt to put a class R motorbike in motion; or 27
(c) be in charge of a class R motorbike. 28
Maximum penalty--14 penalty units or 3 months 29
imprisonment. 30
Page 16
Transport and Other Legislation Amendment Bill 2010
Chapter 2 Amendment of Transport Operations (Road Use Management) Act 1995--road
safety reforms
Part 2 No alcohol limit
[s 5]
`(2M) Definitions for subsections (2K) and (2L) 1
In subsections (2K) and (2L), where a following defined term 2
appears-- 3
class RE licence-- 4
(a) means a class RE provisional, probationary or open 5
licence within the meaning of the driver licensing 6
regulation; and 7
(b) includes a licence issued under a law of another State, 8
the Commonwealth or another country corresponding to 9
a licence mentioned in paragraph (a). 10
class R motorbike means a class R motorbike within the 11
meaning of the driver licensing regulation. 12
valid, in relation to a class RE licence, means-- 13
(a) the licence has not expired; or 14
(b) the licence has not been cancelled or suspended; or 15
(c) the licensee is not disqualified, by order of an Australian 16
court, from holding or obtaining a driver licence.'. 17
(5) Section 79(6), `or (2J)(c)'-- 18
omit, insert-- 19
`, (2J)(c), (2K)(c) or (2L)(c)'. 20
(6) Section 79(11), `(2J)'-- 21
omit, insert-- 22
`(2L)'. 23
Clause 5 Amendment of s 79B (Immediate suspension or 24
disqualification) 25
Section 79B(1)(c) and (ca), `or (2J)'-- 26
omit, insert-- 27
`, (2J), (2K) or (2L)'. 28
Page 17
Transport and Other Legislation Amendment Bill 2010
Chapter 2 Amendment of Transport Operations (Road Use Management) Act 1995--road
safety reforms
Part 2 No alcohol limit
[s 6]
Clause 6 Amendment of s 80 (Breath and saliva tests, and analysis 1
and laboratory tests) 2
Section 80(6)(aa), (22)(a) and (22)(c)(i), `or (2J)'-- 3
omit, insert-- 4
`, (2J), (2K) or (2L)'. 5
Clause 7 Amendment of s 81 (Notices to offenders for certain first 6
offences) 7
Section 81(1)(a), `or (2D),'-- 8
omit, insert-- 9
`(2D), (2K) or (2L),'. 10
Clause 8 Amendment of s 86 (Disqualification of drivers of motor 11
vehicles for certain offences) 12
Section 86(1)(b), (1F), (1G), (2), (2B), (2D), (2F), (3E) and 13
(3F), `or (2J)'-- 14
omit, insert-- 15
`, (2J), (2K) or (2L)'. 16
Clause 9 Amendment of s 87 (Issue of restricted licence to 17
disqualified person) 18
Section 87(5)(da), (db)(ii) and (dc)(ii), `or (2J)'-- 19
omit, insert-- 20
`, (2J), (2K) or (2L)'. 21
Clause 10 Amendment of s 90A (Definitions for ss 90B-90D) 22
(1) Section 90A, definition designated offence, paragraph (a)(ii), 23
`or (2J)'-- 24
omit, insert-- 25
`, (2J), (2K) or (2L)'. 26
Page 18
Transport and Other Legislation Amendment Bill 2010
Chapter 2 Amendment of Transport Operations (Road Use Management) Act 1995--road
safety reforms
Part 3 Alcohol ignition interlocks
[s 11]
(2) Section 90A, definition drink driving offence, paragraph 1
(a)(iii), `or (2J)'-- 2
omit, insert-- 3
`, (2J), (2K) or (2L)'. 4
Part 3 Alcohol ignition interlocks 5
Clause 11 Replacement of s 17A (Definition) 6
Section 17A-- 7
omit, insert-- 8
`17A Meaning of approval for pt 1A 9
`(1) This section applies for part 1A. 10
`(2) An approval includes an accreditation, administrative 11
determination, certificate, consent, exemption, licence, permit 12
and registration given or granted by the chief executive under 13
this Act. 14
`(3) However, an approval does not include the following-- 15
(a) an approval under section 166; 16
(b) a Queensland driver licence; 17
(c) an authorised scheme under chapter 5, part 7A; 18
(d) the authorisation, under chapter 5, part 7A, of a person 19
to perform a role under an authorised scheme; 20
(e) an exemption under section 153. 21
`(4) Despite subsection (3)(b), an approval includes an interlock 22
exemption.'. 23
Page 19
Transport and Other Legislation Amendment Bill 2010
Chapter 2 Amendment of Transport Operations (Road Use Management) Act 1995--road
safety reforms
Part 3 Alcohol ignition interlocks
[s 12]
Clause 12 Amendment of s 18 (Grounds for amending, suspending 1
or cancelling approvals) 2
(1) Section 18(1)(o)-- 3
renumber as section 18(1)(q). 4
(2) Section 18(1)-- 5
insert-- 6
`(o) for an approval that is an interlock exemption--a change 7
in circumstances has happened after the exemption was 8
granted and, had the changed circumstances existed 9
when the exemption was granted, it would not have been 10
granted because of the requirements under section 11
91Q(3) applying to the grant; 12
(p) for an approval that is an interlock exemption--the 13
holder of the approval has failed to comply with a 14
restriction applying to the approval;'. 15
(3) Section 18(2)-- 16
insert-- 17
`change in circumstances, for a person granted an interlock 18
exemption because of circumstances mentioned in section 19
91Q(3)(a), does not include the establishment of a prescribed 20
interlock installer's place of business near the person's place 21
of residence.'. 22
Clause 13 Amendment of s 60 (Evidentiary aids) 23
Section 60(2)(t)-- 24
insert-- 25
`(iii) of a relevant change of circumstances under 26
section 91Y;'. 27
Clause 14 Amendment of s 78 (Driving of motor vehicle without a 28
driver licence prohibited) 29
(1) Section 78(1A), after `1999'-- 30
Page 20
Transport and Other Legislation Amendment Bill 2010
Chapter 2 Amendment of Transport Operations (Road Use Management) Act 1995--road
safety reforms
Part 3 Alcohol ignition interlocks
[s 14]
insert-- 1
`(infringement notice)'. 2
(2) Section 78(1A)-- 3
insert-- 4
`(c) subsections (1B) to (1D) do not prevent the 5
infringement notice being issued to the person.'. 6
(3) Section 78-- 7
insert-- 8
`(1B) An infringement notice can not be issued to a person for a 9
contravention of subsection (1) if-- 10
(a) the person has, in the 5 years before the contravention, 11
been a person mentioned in section 91J(1); and 12
(b) the person did not become an interlock driver because a 13
Queensland driver licence was not granted to the person 14
after the person's disqualification period mentioned in 15
that section ended. 16
`(1C) Subject to subsection (1D), an infringement notice can not be 17
issued to a person for a contravention of subsection (1) if-- 18
(a) the person had been an interlock driver; but 19
(b) at the time of the contravention-- 20
(i) the person did not hold a valid Queensland driver 21
licence; and 22
(ii) the person's interlock period had not ended. 23
`(1D) An infringement notice may be issued to a person mentioned 24
in subsection (1C) whose Queensland driver licence expired 25
within 4 weeks before the contravention mentioned in the 26
subsection.'. 27
(4) Section 78(3)-- 28
insert-- 29
`(j) if-- 30
Page 21
Transport and Other Legislation Amendment Bill 2010
Chapter 2 Amendment of Transport Operations (Road Use Management) Act 1995--road
safety reforms
Part 3 Alcohol ignition interlocks
[s 15]
(i) the person committed the offence within 5 years 1
after the person's disqualification period for a 2
drink driving offence within the meaning of section 3
91I ended; and 4
(ii) the person did not become an interlock driver 5
because a Queensland driver licence was not 6
granted to the person after the disqualification 7
period mentioned in subparagraph (i) ended; 8
for a period, of at least 1 month but not more than 6 9
months, decided by the court; 10
(k) if the person committed the offence while the person 11
was a person mentioned in subsection (1C)--for a 12
period, of at least 1 month but not more than 6 months, 13
decided by the court.'. 14
Clause 15 Amendment of s 79 (Vehicle offences involving liquor or 15
other drugs) 16
(1) Section 79(2J), after `79E driver'-- 17
insert-- 18
`or interlock driver'. 19
(2) Section 79-- 20
insert-- 21
`(13) In this section-- 22
attempts to put in motion, a motor vehicle, for an interlock 23
driver, does not, subject to subsection (14), include an attempt 24
to put in motion a motor vehicle nominated by the interlock 25
driver under section 91L and fitted with a prescribed 26
interlock. 27
in charge of, a motor vehicle, for an interlock driver, does not, 28
subject to subsection (14), include being in charge of a motor 29
vehicle nominated by the interlock driver under section 91L 30
and fitted with a prescribed interlock. 31
Page 22
Transport and Other Legislation Amendment Bill 2010
Chapter 2 Amendment of Transport Operations (Road Use Management) Act 1995--road
safety reforms
Part 3 Alcohol ignition interlocks
[s 16]
`(14) The definitions in subsection (13) do not restrict the operation 1
of subsection (1) or (2AA) in so far as the interlock driver 2
attempts to put in motion, or is in charge of, a motor vehicle 3
while under the influence of a drug or while a relevant drug is 4
present in the person's blood or saliva.'. 5
Clause 16 Amendment of s 90A (Definitions for ss 90B-90D) 6
(1) Section 90A, definition designated offence, paragraph (a)-- 7
insert-- 8
`(iv) section 91W(1) for which paragraph (a)(i) or (ii) of 9
the penalty for the offence applies; or 10
(v) section 91X(1); or'. 11
(2) Section 90A, definition drink driving offence, paragraph 12
(a)(vi)-- 13
renumber as paragraph (a)(viii). 14
(3) Section 90A, definition drink driving offence, paragraph (a)-- 15
insert-- 16
`(vi) section 91W(1) for which paragraph (a)(i) or (ii) of 17
the penalty for the offence applies; or 18
(vii) section 91X(1); or'. 19
(4) Section 90A, definition relevant disqualifying provision, 20
paragraphs (e) and (f)-- 21
renumber as paragraphs (g) and (h). 22
(5) Section 90A, definition relevant disqualifying provision-- 23
insert-- 24
`(e) section 91W(2); or 25
(f) section 91X(2); or'. 26
Clause 17 Insertion of new ch 5, pt 3B 27
Chapter 5-- 28
Page 23
Transport and Other Legislation Amendment Bill 2010
Chapter 2 Amendment of Transport Operations (Road Use Management) Act 1995--road
safety reforms
Part 3 Alcohol ignition interlocks
[s 17]
insert-- 1
`Part 3B Alcohol ignition interlocks 2
`Division 1 Preliminary 3
`91I Definitions for pt 3B 4
`In this part-- 5
alcohol ignition interlock means a device that, when fitted to 6
a motor vehicle, prevents the vehicle from being started unless 7
the device is provided with a specimen of a person's breath 8
containing either no alcohol or less than a particular 9
concentration of alcohol. 10
approved means approved under a regulation. 11
disqualification period see section 91J(1). 12
drink driving offence means any of the following-- 13
(a) an offence against section 78(1) for which the offender 14
was disqualified under section 78(3)(j) or (k) from 15
holding or obtaining a Queensland driver licence for a 16
particular period; 17
(b) an offence against section 79(1), involving a motor 18
vehicle, while under the influence of liquor; 19
(c) an offence under section 80(11), involving a motor 20
vehicle, in relation to failing to provide-- 21
(i) a specimen of breath for analysis; or 22
(ii) a specimen of blood for a laboratory test if the 23
requisition to which the failure relates was made 24
for the purpose of determining the concentration of 25
alcohol (if any) in the person's blood; 26
(d) an offence against the Criminal Code, section 328A(1) 27
or (4), involving a motor vehicle, when accompanied by 28
the circumstance of aggravation that at the time of 29
Page 24
Transport and Other Legislation Amendment Bill 2010
Chapter 2 Amendment of Transport Operations (Road Use Management) Act 1995--road
safety reforms
Part 3 Alcohol ignition interlocks
[s 17]
committing the offence the offender was adversely 1
affected by alcohol; 2
(e) an offence against section 91W(1) for which paragraph 3
(a)(i) or (ii) of the penalty for the offence applies; 4
(f) an offence against section 91X(1); 5
(g) an offence against section 79(2), (2A), (2B), (2J), (2K) 6
or (2L) involving a motor vehicle and committed within 7
5 years after the offender was previously convicted of-- 8
(i) an offence against any of those provisions 9
committed after the commencement of this 10
definition; or 11
(ii) an offence mentioned in any of paragraphs (a) to 12
(f) committed after the commencement of this 13
definition. 14
exemption certificate see section 91R(3). 15
interlock means an alcohol ignition interlock. 16
interlock condition see section 91K(1). 17
interlock driver-- 18
(a) means a person whose Queensland driver licence is 19
subject to the interlock condition; and 20
(b) includes a person who has an interlock exemption. 21
interlock exemption means an exemption, granted under 22
section 91Q, from the application of the interlock condition 23
while the exemption has effect. 24
interlock period see section 91M. 25
nominated vehicle, for a person, means a motor vehicle 26
nominated by the person under section 91L. 27
nominated vehicle fitted with a prescribed interlock, for a 28
person, includes a vehicle fitted with an interlock in 29
compliance by the person with a non-Queensland interlock 30
requirement. 31
Page 25
Transport and Other Legislation Amendment Bill 2010
Chapter 2 Amendment of Transport Operations (Road Use Management) Act 1995--road
safety reforms
Part 3 Alcohol ignition interlocks
[s 17]
non-Queensland interlock period means the period during 1
which a person, under a non-Queensland interlock 2
requirement, may drive only a motor vehicle fitted with an 3
alcohol ignition interlock. 4
non-Queensland interlock requirement means a requirement 5
under, or imposed under, a law of another jurisdiction 6
allowing a person to drive only a motor vehicle fitted with an 7
alcohol ignition interlock during a particular period. 8
prescribed interlock means an approved interlock provided by 9
a person who is an approved interlock provider and installed 10
and maintained by a prescribed interlock installer. 11
prescribed interlock installer means a person with whom an 12
approved interlock provider has an arrangement for the person 13
to install or maintain approved interlocks provided by the 14
provider. 15
prescribed period see section 91N(1). 16
`Division 2 Interlock condition 17
`91J Persons to whom div 2 applies 18
`(1) This division applies to a person who-- 19
(a) is convicted of a drink driving offence committed after 20
the commencement of this section; and 21
(b) is disqualified, other than under a prescribed provision, 22
by or because of the conviction or offence, or under the 23
penalty imposed for the offence, for a particular period 24
(the disqualification period) from holding or obtaining 25
a Queensland driver licence. 26
`(2) This division also applies to a person who is subject to a 27
non-Queensland interlock requirement. 28
`(3) Despite subsection (2), this division does not apply to a person 29
mentioned in the subsection if, were this division to apply to 30
Page 26
Transport and Other Legislation Amendment Bill 2010
Chapter 2 Amendment of Transport Operations (Road Use Management) Act 1995--road
safety reforms
Part 3 Alcohol ignition interlocks
[s 17]
the person, the person's interlock period would have ended 1
under section 91M. 2
`(4) In this section-- 3
prescribed provision means section 79B(4), 81(4)(b), 89(1) or 4
90(1). 5
`91K Interlock condition 6
`(1) A Queensland driver licence granted to a person mentioned in 7
section 91J(1) after the person's disqualification period ends 8
is subject to the condition (interlock condition) that, during 9
the interlock period applying to the person, the person may 10
drive only-- 11
(a) if paragraph (b) or (c) does not apply--a motor vehicle 12
that is a nominated vehicle fitted with a prescribed 13
interlock; or 14
(b) when the person is receiving driver training from a 15
person accredited as a driver trainer under a 16
regulation-- 17
(i) a motor vehicle mentioned in paragraph (a); or 18
(ii) a motor vehicle provided by the accredited driver 19
trainer; or 20
(c) when the person is taking a practical driving test under 21
the driver licensing regulation--any motor vehicle. 22
`(2) A Queensland driver licence granted to a person mentioned in 23
section 91J(2) during the person's non-Queensland interlock 24
period is subject to the interlock condition. 25
`91L Nomination of vehicle 26
`(1) For section 91K(1)(a), a person-- 27
(a) may nominate only a motor vehicle of a class the person 28
is authorised to drive under the person's Queensland 29
driver licence; and 30
Page 27
Transport and Other Legislation Amendment Bill 2010
Chapter 2 Amendment of Transport Operations (Road Use Management) Act 1995--road
safety reforms
Part 3 Alcohol ignition interlocks
[s 17]
(b) may nominate more than 1 motor vehicle. 1
Examples-- 2
· the person's own motor vehicle 3
· a motor vehicle owned by the person's spouse, friend or 4
employer 5
`(2) A particular vehicle can not be the nominated vehicle for 6
more than 1 person unless a regulation provides for 7
identifying the driver of the vehicle at a particular time. 8
Example of what a regulation may provide for-- 9
a scheme involving the driver using a PIN or swipe card or keeping a 10
logbook 11
`(3) The nomination must be made in the approved form to the 12
chief executive. 13
`91M Interlock period 14
`The interlock period is the period-- 15
(a) starting-- 16
(i) for a person mentioned in section 91J(1)--when 17
the person is first granted a Queensland driver 18
licence after the person's disqualification period 19
ends; or 20
(ii) for a person mentioned in section 91J(2)--when 21
the person's non-Queensland interlock period 22
starts; and 23
(b) ending when whichever of the following happens first-- 24
(i) a period of 5 years elapses after-- 25
(A) for a person mentioned in section 26
91J(1)--the person's disqualification period 27
ended; or 28
(B) for a person mentioned in section 29
91J(2)--the person was first issued with a 30
non-Queensland driver licence after 31
Page 28
Transport and Other Legislation Amendment Bill 2010
Chapter 2 Amendment of Transport Operations (Road Use Management) Act 1995--road
safety reforms
Part 3 Alcohol ignition interlocks
[s 17]
becoming subject to a non-Queensland 1
interlock requirement of the jurisdiction that 2
issued the licence; 3
(ii) the person's prescribed period ends; 4
(iii) the day, if any, the person's Queensland driver 5
licence is cancelled under section 127 because of a 6
disqualification for a drink driving offence. 7
Note-- 8
If a person's interlock period ends under subparagraph 9
(iii)-- 10
(a) the interlock condition ends under section 91O; and 11
(b) any interlock exemption relating to the person stops 12
having effect under section 91S(d); and 13
(c) section 91K may apply in relation to the 14
disqualification mentioned in the subparagraph. 15
`91N Prescribed period 16
`(1) The prescribed period for a person is the period of 12 months 17
during which-- 18
(a) the person held a valid Queensland driver licence and 19
had-- 20
(i) a nominated vehicle fitted with a prescribed 21
interlock; or 22
(ii) an interlock exemption that had effect; or 23
(b) the person, while driving under the authority of a valid 24
non-Queensland driver licence-- 25
(i) complied with a non-Queensland interlock 26
requirement; or 27
(ii) had an exemption from the non-Queensland 28
interlock requirement that had effect; or 29
(c) the person satisfied paragraph (a) for part of the period 30
and satisfied paragraph (b) for the balance of the period. 31
Page 29
Transport and Other Legislation Amendment Bill 2010
Chapter 2 Amendment of Transport Operations (Road Use Management) Act 1995--road
safety reforms
Part 3 Alcohol ignition interlocks
[s 17]
Example-- 1
The prescribed period may comprise 3 months during which the 2
person satisfies paragraph (a)(i), 3 months during which the 3
person satisfies paragraph (a)(ii), 3 months during which the 4
person satisfies paragraph (b)(i) and 3 months during which the 5
person satisfies paragraph (b)(ii). 6
`(2) However, if a person's prescribed period is extended under 7
division 4, the prescribed period for the person is the period 8
comprising-- 9
(a) the period of 12 months mentioned in subsection (1); 10
and 11
(b) each period-- 12
(i) by which the period mentioned in subsection (1) is 13
extended under division 4; and 14
(ii) during which the person meets the requirements of 15
subsection (1)(a), (b) or (c). 16
Example-- 17
If a person's prescribed period is extended under division 4 for a period 18
of 3 months, the person's prescribed period is the period of 15 months 19
during which the person meets the requirements of subsection (1)(a), (b) 20
or (c). 21
`(3) The prescribed period need not be continuous. 22
`(4) In this section-- 23
valid means-- 24
(a) in relation to a Queensland driver licence-- 25
(i) the licence has not expired; or 26
(ii) the licence has not been cancelled or suspended; or 27
(iii) the licensee is not disqualified from holding or 28
obtaining a Queensland driver licence; or 29
(b) in relation to a non-Queensland driver licence-- 30
(i) the licence has not expired; or 31
(ii) the licence has not been cancelled or suspended; or 32
Page 30
Transport and Other Legislation Amendment Bill 2010
Chapter 2 Amendment of Transport Operations (Road Use Management) Act 1995--road
safety reforms
Part 3 Alcohol ignition interlocks
[s 17]
(iii) the licensee is not disqualified from holding or 1
obtaining the licence in the jurisdiction in which it 2
may be issued. 3
`91O When interlock condition ends 4
`The interlock condition ends when the interlock period ends. 5
`Division 3 Interlock exemption 6
`91P Applying for interlock exemption 7
`(1) A person mentioned in section 91J(1) may apply to the chief 8
executive for an interlock exemption. 9
`(2) The application can not be made sooner than 6 weeks before 10
the end of the person's disqualification period. 11
`(3) A person mentioned in section 91J(2) may, at any time, apply 12
to the chief executive for an interlock exemption. 13
`(4) An application under subsection (1) or (3) must be made in 14
the approved form and be accompanied by the fee prescribed 15
under a regulation. 16
`91Q Deciding application for interlock exemption 17
`(1) The chief executive-- 18
(a) must decide an application for an interlock exemption in 19
the prescribed 28-day period; and 20
(b) must grant or refuse to grant the exemption. 21
`(2) If the chief executive grants the exemption, the chief executive 22
may impose restrictions applying to the exemption. 23
`(3) The chief executive may only grant an interlock exemption if 24
the chief executive is satisfied-- 25
Page 31
Transport and Other Legislation Amendment Bill 2010
Chapter 2 Amendment of Transport Operations (Road Use Management) Act 1995--road
safety reforms
Part 3 Alcohol ignition interlocks
[s 17]
(a) that the shortest reasonable distance using a motor 1
vehicle, or shortest reasonable travelling time using a 2
motor vehicle, between the applicant's place of 3
residence and the nearest place of business of a 4
prescribed interlock installer is greater than the distance 5
or time prescribed under a regulation; or 6
(b) that, as evidenced by a doctor's certificate provided to 7
the chief executive, the applicant has a medical 8
condition preventing the applicant from providing a 9
sufficient breath sample to operate an approved 10
interlock; or 11
(c) of another matter prescribed under a regulation for this 12
subsection. 13
`(4) If the chief executive reasonably believes further information 14
or documents are required to make a decision about the 15
application, the chief executive may give the applicant a 16
written notice requesting the applicant, within a stated period 17
of at least 28 days, to give further information or documents 18
relevant to the application. 19
`(5) If the applicant does not comply with a notice given under 20
subsection (4), the chief executive may declare, by further 21
written notice given to the applicant, that the application is 22
taken to be withdrawn on a day stated in the notice. 23
`(6) A notice given under subsection (5) must state-- 24
(a) the reasons for the decision to make the declaration; and 25
(b) the prescribed review information for the decision. 26
`(7) If the chief executive does not decide the application within 27
the prescribed 28-day period, the chief executive is taken to 28
have made a decision (a deemed decision) refusing to grant 29
the exemption on the last day of the period. 30
`(8) Despite subsection (7), the chief executive may continue to 31
consider the application and make a considered decision in 32
relation to it. 33
Page 32
Transport and Other Legislation Amendment Bill 2010
Chapter 2 Amendment of Transport Operations (Road Use Management) Act 1995--road
safety reforms
Part 3 Alcohol ignition interlocks
[s 17]
`(9) If a considered decision is made, the considered decision 1
replaces any deemed decision for the purposes of this Act. 2
`(10) As soon as practicable after a deemed decision or considered 3
decision is made, the chief executive must give the applicant a 4
written notice stating-- 5
(a) the prescribed review information for the decision; and 6
(b) for a considered decision, the reasons for the decision. 7
Note-- 8
Sections 65 and 65A provide for the review of the decision. 9
`(11) In this section-- 10
considered decision means a decision in accordance with 11
subsection (3). 12
prescribed 28-day period means the later of the following 13
periods-- 14
(a) 28 days after the chief executive receives the 15
application; 16
(b) 28 days after the chief executive receives further 17
information or documents about the application under 18
subsection (4). 19
`91R Decision on application and exemption certificate 20
`(1) The chief executive must inform an applicant for an interlock 21
exemption of the chief executive's decision on the application 22
by written notice. 23
`(2) If the chief executive decides to grant the exemption, the 24
written notice must contain a brief statement of-- 25
(a) the matters of which the chief executive was satisfied 26
under section 91Q(3); and 27
(b) the matters in relation to which the person must notify 28
the chief executive, under section 91Y, of any change. 29
Page 33
Transport and Other Legislation Amendment Bill 2010
Chapter 2 Amendment of Transport Operations (Road Use Management) Act 1995--road
safety reforms
Part 3 Alcohol ignition interlocks
[s 17]
`(3) Also, if the chief executive decides to grant the exemption, the 1
chief executive must give the applicant a certificate about the 2
exemption (the exemption certificate). 3
`(4) The exemption certificate must be in the approved form and 4
must state-- 5
(a) the exemption's expiry date; and 6
(b) any restrictions applying to the exemption; and 7
(c) to the extent it is relevant, the information mentioned in 8
section 91S. 9
`(5) If the chief executive decides to refuse to grant the exemption, 10
the notice must state-- 11
(a) the reasons for the decision; and 12
(b) the prescribed review information for the decision. 13
`91S When interlock exemption stops having effect 14
`A person's interlock exemption stops having effect when 15
whichever of the following happens first-- 16
(a) the expiry date stated on the exemption certificate; 17
(b) 14 days elapse after the person gives the chief executive 18
a notice under section 91Y; 19
(c) the exemption is cancelled under section 19; 20
Note-- 21
Section 19 provides the procedure for cancelling an approval 22
which, as defined in section 17A, includes an interlock 23
exemption. 24
(d) the interlock period ends. 25
`91T What happens when interlock exemption stops 26
having effect 27
`When a person's interlock exemption stops having effect, the 28
interlock condition of the person's Queensland driver licence 29
Page 34
Transport and Other Legislation Amendment Bill 2010
Chapter 2 Amendment of Transport Operations (Road Use Management) Act 1995--road
safety reforms
Part 3 Alcohol ignition interlocks
[s 17]
applies to its full extent for the remainder of the person's 1
interlock period. 2
`Division 4 Extending interlock driver's 3
prescribed period 4
`91U Grounds for extending prescribed period 5
`(1) It is a ground for extending an interlock driver's prescribed 6
period if-- 7
(a) the person drove a nominated vehicle for the person 8
without first providing the vehicle's prescribed interlock 9
with a specimen of the person's breath; or 10
(b) the person drove a nominated vehicle for the person 11
when the person knew, or ought reasonably to have 12
known, the vehicle's prescribed interlock was not 13
operating properly; or 14
(c) the person drove a nominated vehicle for the person 15
when the person knew, or ought reasonably to have 16
known that the vehicle's prescribed interlock had been 17
interfered with. 18
`(2) In this section-- 19
interfered with includes tampered with, damaged, destroyed 20
and removed. 21
`91V Procedure for extending prescribed period 22
`(1) If the chief executive considers a ground exists to extend an 23
interlock driver's prescribed period (the proposed action), the 24
chief executive may give the person a written notice (the show 25
cause notice). 26
`(2) The show cause notice must-- 27
(a) state the proposed action; and 28
(b) state the ground for the proposed action; and 29
Page 35
Transport and Other Legislation Amendment Bill 2010
Chapter 2 Amendment of Transport Operations (Road Use Management) Act 1995--road
safety reforms
Part 3 Alcohol ignition interlocks
[s 17]
(c) outline the facts and circumstances forming the basis for 1
the ground; and 2
(d) state the period, of not more than 3 months, by which 3
the prescribed period is to be extended; and 4
(e) invite the person to show cause, within a stated time of 5
at least 28 days, why the proposed action should not be 6
taken. 7
`(3) The chief executive may, before or after the end of the time 8
stated in the show cause notice, extend the time within which 9
the person may show cause. 10
`(4) If, after considering any personal or written representations 11
made within the time stated or allowed, the chief executive 12
still considers a ground exists to take the proposed action, the 13
chief executive may extend the prescribed period for a period 14
not longer than the period stated in the show cause notice. 15
`(5) The chief executive must give the person written notice of the 16
decision stating the following-- 17
(a) the period for which the prescribed period is extended; 18
(b) the reasons for the decision; 19
(c) the prescribed review information for the decision. 20
`Division 5 Offences 21
`91W Driving a motor vehicle other than as allowed under 22
an interlock condition 23
`(1) An interlock driver must not drive a motor vehicle that is a 24
prohibited vehicle for the person, unless the person has an 25
interlock exemption that has effect. 26
Maximum penalty-- 27
(a) if the motor vehicle driven by the person was not fitted 28
with a prescribed interlock, whether or not it was a 29
nominated vehicle for the person-- 30
Page 36
Transport and Other Legislation Amendment Bill 2010
Chapter 2 Amendment of Transport Operations (Road Use Management) Act 1995--road
safety reforms
Part 3 Alcohol ignition interlocks
[s 17]
(i) for a first conviction--28 penalty units; or 1
(ii) for a conviction within 5 years after a previous 2
conviction to which the circumstance mentioned in 3
this paragraph applies--60 penalty units; or 4
(b) if the motor vehicle driven by the person was not a 5
nominated vehicle for the person but was fitted with a 6
prescribed interlock--28 penalty units. 7
`(2) If the court convicts a person of an offence against subsection 8
(1), the court, in addition to imposing a penalty, must 9
disqualify the person from holding or obtaining a Queensland 10
driver licence for the following period-- 11
(a) for a conviction mentioned in paragraph (a)(i) of the 12
penalty--3 months; 13
(b) for a conviction mentioned in paragraph (a)(ii) of the 14
penalty--6 months. 15
`(3) Subsection (4) applies if a police officer reasonably suspects 16
an interlock driver is, or has been, driving a prohibited vehicle 17
for the person. 18
`(4) If asked by the police officer whether the person may drive the 19
vehicle under the interlock condition of the person's 20
Queensland driver licence, the person must produce for 21
inspection an exemption certificate given to the person under 22
section 91Q for an interlock exemption that has effect, unless 23
the person has a reasonable excuse for not complying with the 24
request. 25
Maximum penalty--28 penalty units. 26
`(5) Without limiting the matters that may be a reasonable excuse 27
for subsection (4), it is a reasonable excuse if the person has 28
not been given an exemption certificate under section 91R. 29
`(6) In this section-- 30
conviction means a conviction for an offence against 31
subsection (1). 32
Page 37
Transport and Other Legislation Amendment Bill 2010
Chapter 2 Amendment of Transport Operations (Road Use Management) Act 1995--road
safety reforms
Part 3 Alcohol ignition interlocks
[s 17]
prohibited vehicle, for a person, means a motor vehicle other 1
than a motor vehicle the person may drive under the interlock 2
condition of the person's Queensland driver licence. 3
`91X Noncompliance with restrictions applying to interlock 4
exemption 5
`(1) An interlock driver who has an interlock exemption must 6
comply with any restrictions applying to the exemption. 7
Maximum penalty-- 8
(a) for a first conviction--28 penalty units; or 9
(b) for a conviction within 5 years after a previous 10
conviction--60 penalty units. 11
`(2) If the court convicts a person of an offence against subsection 12
(1), the court, in addition to imposing a penalty, must 13
disqualify the person from holding or obtaining a Queensland 14
driver licence for the following period-- 15
(a) for a conviction mentioned in paragraph (a) of the 16
penalty--3 months; 17
(b) for a conviction mentioned in paragraph (b) of the 18
penalty--6 months. 19
`(3) In this section-- 20
conviction means a conviction for an offence against 21
subsection (1). 22
`91Y Person with interlock exemption must give 23
notification of change in circumstances 24
`(1) A person who has an interlock exemption must, within 14 25
days after the happening of a relevant change of 26
circumstances, give written notice of the change to the chief 27
executive. 28
Maximum penalty--28 penalty units. 29
`(2) In this section-- 30
Page 38
Transport and Other Legislation Amendment Bill 2010
Chapter 2 Amendment of Transport Operations (Road Use Management) Act 1995--road
safety reforms
Part 3 Alcohol ignition interlocks
[s 18]
relevant change of circumstances means a change in any of 1
the matters stated, as required under section 91R(2)(b), in a 2
written notice given to the person. 3
`Division 6 Other provisions about interlocks 4
`91Z Regulations relating to interlocks 5
`A regulation may be made under this division, including, for 6
example, for making provision about the following-- 7
(a) the approval of interlocks; 8
(b) the approval by the chief executive of providers or 9
installers of interlocks, including conditions relating to 10
an approval and the audit of approvals and conditions 11
relating to approvals; 12
(c) the criteria necessary to be met by a provider or installer 13
of interlocks for obtaining and continuing to hold an 14
approval, including criteria relating to service standards 15
and requirements; 16
(d) the installation, maintenance and removal of interlocks, 17
including arrangements to be entered into in relation to 18
their installation, maintenance or removal.'. 19
Clause 18 Amendment of s 124 (Facilitation of proof) 20
(1) Section 124(1)(ga)-- 21
renumber as section 124(1)(ge). 22
(2) Section 124(1)-- 23
insert-- 24
`(ga) a certificate purporting to be signed by the chief 25
executive or commissioner stating either or both of the 26
following-- 27
Page 39
Transport and Other Legislation Amendment Bill 2010
Chapter 2 Amendment of Transport Operations (Road Use Management) Act 1995--road
safety reforms
Part 3 Alcohol ignition interlocks
[s 18]
(i) at a stated time, a stated vehicle was or was not the 1
nominated vehicle for chapter 5, part 3B for a 2
stated person; 3
(ii) at a stated time, a stated nominated vehicle for 4
chapter 5, part 3B for a stated person was or was 5
not fitted with a prescribed interlock; 6
is evidence of the matters stated in it; 7
(gb) a certificate purporting to be signed by the chief 8
executive or commissioner stating-- 9
(i) that at a stated time a stated person had or did not 10
have an interlock exemption that was in effect; and 11
(ii) any restrictions that applied to the interlock 12
exemption; 13
is evidence of the matters stated in it; 14
(gc) a certificate purporting to be signed by the chief 15
executive stating that the chief executive-- 16
(i) has or has not received from a stated person an 17
application, in the approved form, for an interlock 18
exemption; or 19
(ii) did or did not grant an interlock exemption to a 20
stated person and, if the chief executive did not 21
grant the exemption, the reasons for deciding not to 22
grant it; 23
is evidence of the matters stated in it; 24
(gd) a document purporting to be a copy of-- 25
(i) a nomination, in the approved form, of a motor 26
vehicle for section 91K(1)(a) received by the chief 27
executive; or 28
(ii) an application, in the approved form, made under 29
section 91P for an interlock exemption; or 30
(iii) a notice, given under section 91Q(4), asking a 31
person who has made an application for an 32
Page 40
Transport and Other Legislation Amendment Bill 2010
Chapter 2 Amendment of Transport Operations (Road Use Management) Act 1995--road
safety reforms
Part 3 Alcohol ignition interlocks
[s 19]
interlock exemption to give the chief executive 1
further information or documents relevant to the 2
application; or 3
(iv) a notice given under section 91Q(10) or 91V(5), 4
about a decision of the chief executive made under 5
chapter 5, part 3B; or 6
(v) a notice given under section 91Q(5) declaring that 7
an application for an interlock exemption is taken 8
to be withdrawn; or 9
(vi) an exemption certificate given under section 10
91R(3); 11
and certified as a true copy of the document is evidence 12
of the matters stated in it;'. 13
Clause 19 Amendment of s 168A (Effect of particular corresponding 14
administrative action or corresponding order in relation 15
to heavy vehicle) 16
Section 168A(4), definition approval, note-- 17
omit, insert-- 18
`Note-- 19
See section 17A for the meaning of approval for chapter 3, part 1A.'. 20
Clause 20 Amendment of sch 3 (Reviewable decisions) 21
Schedule 3-- 22
insert-- 23
`91Q(1)(b) refusing to grant an interlock exemption
91Q(5) making a declaration that an application for an interlock
exemption is taken to be withdrawn
91Q(7) refusing to grant an interlock exemption
91V(4) extending a prescribed period'.
Page 41
Transport and Other Legislation Amendment Bill 2010
Chapter 2 Amendment of Transport Operations (Road Use Management) Act 1995--road
safety reforms
Part 3 Alcohol ignition interlocks
[s 21]
Clause 21 Amendment of sch 4 (Dictionary) 1
Schedule 4-- 2
insert-- 3
`alcohol ignition interlock see section 91I. 4
approved, for chapter 5, part 3B, see section 91I. 5
disqualification period, for chapter 5, part 3B, see section 6
91I. 7
drink driving offence-- 8
(a) for sections 90B to 90D, see section 90A; or 9
(b) for chapter 5, part 3B, see section 91I. 10
exemption certificate, for chapter 5, part 3B, see section 91I. 11
interlock see section 91I. 12
interlock condition see section 91I. 13
interlock driver see section 91I. 14
interlock exemption see section 91I. 15
interlock period see section 91I. 16
nominated vehicle, for chapter 5, part 3B, see section 91I. 17
nominated vehicle fitted with a prescribed interlock see 18
section 91I. 19
non-Queensland interlock period see section 91I. 20
non-Queensland interlock requirement see section 91I. 21
prescribed interlock see section 91I. 22
prescribed interlock installer see section 91I. 23
prescribed period see section 91I.'. 24
Page 42
Transport and Other Legislation Amendment Bill 2010
Chapter 2 Amendment of Transport Operations (Road Use Management) Act 1995--road
safety reforms
Part 4 Heavy vehicle speeding
[s 22]
Part 4 Heavy vehicle speeding 1
Clause 22 Amendment of s 26A (Further power to enter place of 2
business in relation to heavy vehicle or prescribed 3
dangerous goods vehicle) 4
Section 26A(8)-- 5
insert-- 6
`responsible person, for a heavy vehicle, for the exercise of a 7
power under this section in relation to a heavy vehicle 8
speeding offence, does not include-- 9
(a) a person mentioned in schedule 4, definition responsible 10
person, paragraph (j), (k), (l) or (o); or 11
Note-- 12
Those paragraphs deal with persons who pack, load or unload 13
goods or containers, and owners and operators etc. of 14
weighbridges or weighing facilities. 15
(b) an agent, employer, employee or subcontractor of that 16
person.'. 17
Clause 23 Amendment of s 48A (Further power to require personal 18
details for exercising power in relation to heavy vehicle 19
or transport of dangerous goods) 20
Section 48A(8)-- 21
insert-- 22
`responsible person, for a heavy vehicle, for the exercise of a 23
power under this section in relation to a heavy vehicle 24
speeding offence, does not include-- 25
(a) a person mentioned in schedule 4, definition responsible 26
person, paragraph (j), (k), (l) or (o); or 27
Note-- 28
Those paragraphs deal with persons who pack, load or unload 29
goods or containers, and owners and operators etc. of 30
weighbridges or weighbridge facilities. 31
Page 43
Transport and Other Legislation Amendment Bill 2010
Chapter 2 Amendment of Transport Operations (Road Use Management) Act 1995--road
safety reforms
Part 4 Heavy vehicle speeding
[s 24]
(b) an agent, employer, employee or subcontractor of that 1
person.'. 2
Clause 24 Amendment of s 49A (Direction to provide information 3
about heavy vehicles and transport of dangerous goods) 4
Section 49A(7)-- 5
insert-- 6
`responsible person, for a heavy vehicle, for the exercise of a 7
power under this section in relation to a heavy vehicle 8
speeding offence, does not include-- 9
(a) a person mentioned in schedule 4, definition responsible 10
person, paragraph (j), (k), (l) or (o); or 11
Note-- 12
Those paragraphs deal with persons who pack, load or unload 13
goods or containers, and owners and operators etc. of 14
weighbridges or weighbridge facilities. 15
(b) an agent, employer, employee or subcontractor of that 16
person.'. 17
Clause 25 Amendment of s 50AB (Power to require help to find and 18
access particular documents or information) 19
Section 50AB(3)-- 20
insert-- 21
`responsible person, for a heavy vehicle, for the exercise of a 22
power under this section in relation to a heavy vehicle 23
speeding offence, does not include-- 24
(a) a person mentioned in schedule 4, definition responsible 25
person, paragraph (j), (k), (l) or (o); or 26
Note-- 27
Those paragraphs deal with persons who pack, load or unload 28
goods or containers, and owners and operators etc. of 29
weighbridges or weighbridge facilities. 30
Page 44
Transport and Other Legislation Amendment Bill 2010
Chapter 2 Amendment of Transport Operations (Road Use Management) Act 1995--road
safety reforms
Part 4 Heavy vehicle speeding
[s 26]
(b) an agent, employer, employee or subcontractor of that 1
person.'. 2
Clause 26 Amendment of s 57AB (Definitions for sdiv 2) 3
(1) Section 57AB, definition extended liability offence-- 4
insert-- 5
`(d) a heavy vehicle speeding offence.'. 6
(2) Section 57AB, definition influencing person, paragraph (d)(ii) 7
and (iii)-- 8
omit, insert-- 9
`(ii) a scheduler for the heavy vehicle;'. 10
(3) Section 57AB, definition influencing person, paragraph 11
(d)(iv) to (vi)-- 12
renumber as paragraph (d)(iii) to (v). 13
(4) Section 57AB, definition influencing person, paragraph (e)(ii) 14
and (iii))-- 15
omit, insert-- 16
`(ii) a scheduler for the heavy vehicle; and'. 17
(5) Section 57AB, definition influencing person, paragraph (f)(ii) 18
and (iii)-- 19
omit, insert-- 20
`(ii) a scheduler for the heavy vehicle; and 21
(g) for a heavy vehicle speeding offence, includes the 22
employer of the driver of the heavy vehicle.'. 23
Clause 27 Amendment of s 57B (Further liability provisions for 24
extended liability offences) 25
(1) Section 57B(2), penalty-- 26
omit, insert-- 27
Page 45
Transport and Other Legislation Amendment Bill 2010
Chapter 2 Amendment of Transport Operations (Road Use Management) Act 1995--road
safety reforms
Part 4 Heavy vehicle speeding
[s 27]
`Maximum penalty-- 1
(a) if the extended liability offence is a heavy vehicle 2
speeding offence of exceeding a speed limit of 3
50-60km/h--10 penalty units; or 4
(b) if the extended liability offence is a heavy vehicle 5
speeding offence of exceeding a speed limit of 6
70-80km/h-- 7
(i) by less than 15km/h--10 penalty units; or 8
(ii) by 15km/h or more--40 penalty units; or 9
(c) if the extended liability offence is a heavy vehicle 10
speeding offence, committed other than by the driver of 11
a road train, of exceeding a speed limit of 90km/h-- 12
(i) by less than 15km/h--10 penalty units; or 13
(ii) by 15km/h or more--40 penalty units; or 14
(d) if the extended liability offence is a heavy vehicle 15
speeding offence, committed by the driver of a road 16
train, of exceeding a speed limit of 90km/h-- 17
(i) by less than 15km/h--40 penalty units; or 18
(ii) by 15km/h or more--80 penalty units; or 19
(e) if the extended liability offence is a heavy vehicle 20
speeding offence of exceeding a speed limit of 100km/h 21
or more-- 22
(i) by less than 15km/h--40 penalty units; or 23
(ii) by 15km/h or more--80 penalty units; or 24
(f) for any other extended liability offence--the maximum 25
penalty for an individual for committing the offence.'. 26
(2) Section 57B-- 27
insert-- 28
`(3) In this section-- 29
Page 46
Transport and Other Legislation Amendment Bill 2010
Chapter 2 Amendment of Transport Operations (Road Use Management) Act 1995--road
safety reforms
Part 4 Heavy vehicle speeding
[s 28]
person in control, of a heavy vehicle, for an extended liability 1
offence that is a heavy vehicle speeding offence, means the 2
driver of the heavy vehicle.'. 3
Clause 28 Replacement of ss 57DB and 57DC 4
Sections 57DB and 57DC-- 5
omit, insert-- 6
`57DB Matters court may consider for deciding whether 7
person took all reasonable steps--particular 8
offences about heavy vehicles 9
`(1) Without limiting section 57D, in deciding whether things 10
done or omitted to be done by a person charged with a 11
prescribed offence constitute reasonable steps, the court may 12
have regard to the following-- 13
(a) the nature of the activity to which the contravention 14
constituting the offence relates; 15
(b) the risks to safety associated with the activity mentioned 16
in paragraph (a); 17
(c) the likelihood of the risks to safety mentioned in 18
paragraph (b) arising; 19
(d) the degree of harm likely to result from the risks to 20
safety mentioned in paragraph (b) arising; 21
(e) the circumstances of the alleged offence, including, for a 22
fatigue management offence, any risk category for the 23
contravention constituting the offence; 24
(f) the measures available and measures taken-- 25
(i) to prevent, eliminate or minimise the likelihood of 26
a potential contravention happening; or 27
(ii) to eliminate or minimise the likelihood of a risk to 28
safety arising from a potential contravention; or 29
(iii) to manage, minimise or eliminate a risk to safety 30
arising from a potential contravention; 31
Page 47
Transport and Other Legislation Amendment Bill 2010
Chapter 2 Amendment of Transport Operations (Road Use Management) Act 1995--road
safety reforms
Part 4 Heavy vehicle speeding
[s 28]
(g) the personal expertise and experience that the person 1
charged had or ought to have had or that an agent or 2
employee of person had or ought to have had; 3
(h) the degree of ability the person charged, or an agent or 4
employee of that person, had to take a measure 5
mentioned in paragraph (f); 6
(i) the costs of measures mentioned in paragraph (f). 7
`(2) In addition, without limiting section 57D, in deciding whether 8
things done or omitted to be done by a person charged with a 9
prescribed offence constitute reasonable steps, the court may 10
have regard to the following-- 11
(a) the measures available and measures taken for any or all 12
of the following-- 13
(i) to include compliance assurance conditions in 14
relevant commercial arrangements with other 15
relevant responsible persons; 16
(ii) to provide information, instruction, training and 17
supervision to employees to enable compliance 18
with relevant laws; 19
(iii) to maintain equipment and work systems to enable 20
compliance with relevant laws; 21
(iv) to address and remedy similar compliance 22
problems that may have happened in the past; 23
(b) any accreditation scheme, scientific knowledge, expert 24
opinion, guidelines, standards or other knowledge about 25
preventing or managing exposure to risks to safety 26
arising from fatigue. 27
`(3) This section does not limit the matters the court must or may 28
consider when deciding whether things done or omitted to be 29
done by a person charged with a prescribed offence constitute 30
reasonable steps. 31
`(4) In this section-- 32
other relevant responsible persons means-- 33
Page 48
Transport and Other Legislation Amendment Bill 2010
Chapter 2 Amendment of Transport Operations (Road Use Management) Act 1995--road
safety reforms
Part 4 Heavy vehicle speeding
[s 28]
(a) for a person charged with a fatigue management 1
offence--other responsible persons for fatigue regulated 2
heavy vehicles; or 3
(b) for a person charged with a prescribed offence other 4
than a fatigue management offence--other responsible 5
persons for heavy vehicles. 6
prescribed offence means-- 7
(a) a fatigue management offence; or 8
(b) an offence against section 57B(2) relating to a heavy 9
vehicle speeding offence; or 10
(c) an offence against chapter 5D, part 2. 11
risk category, for a contravention of a fatigue management 12
requirement of a fatigue management regulation, means 1 of 13
the following categories-- 14
(a) minor risk breach; 15
(b) substantial risk breach; 16
(c) severe risk breach; 17
(d) critical risk breach. 18
`57DC When person regarded to have taken all reasonable 19
steps--particular offences about heavy vehicles 20
`(1) A person charged with a prescribed offence is to be regarded 21
as having taken all reasonable steps if the person did all of the 22
following to prevent the act or omission that led to the 23
contravention to which the offence relates-- 24
(a) identified and assessed the aspects of the activities of the 25
person, and relevant drivers for the person, that may lead 26
to a relevant contravention by a relevant driver for the 27
person; 28
(b) for each aspect identified and assessed under paragraph 29
(a), identified and assessed-- 30
Page 49
Transport and Other Legislation Amendment Bill 2010
Chapter 2 Amendment of Transport Operations (Road Use Management) Act 1995--road
safety reforms
Part 4 Heavy vehicle speeding
[s 28]
(i) the risk of the aspect leading to a relevant 1
contravention; and 2
(ii) if there is a substantial risk of the aspect leading to 3
a relevant contravention--the measures the person 4
may take to eliminate the risk or, if it is not 5
reasonably possible to eliminate the risk, to 6
minimise the risk; 7
(c) carried out the identification and assessment mentioned 8
in paragraphs (a) and (b)-- 9
(i) at least annually; and 10
(ii) after each event that indicated the way the 11
activities the subject of the identification and 12
assessment are being carried out have led, or may 13
lead, to a relevant contravention; 14
(d) took the measures identified and assessed under 15
paragraph (b)(ii); 16
(e) for each action mentioned in any of paragraphs (a) to (d) 17
taken by the person-- 18
(i) kept a record of the action for at least 3 years after 19
taking it; or 20
(ii) if 3 years have not passed since taking the action, 21
kept a record of the action since taking it. 22
`(2) This section does not limit the circumstances in which things 23
done or omitted to be done by a person charged with a 24
prescribed offence constitute reasonable steps. 25
`(3) In this section-- 26
prescribed offence means-- 27
(a) a fatigue management offence; or 28
(b) an offence against section 57B(2) relating to a heavy 29
vehicle speeding offence; or 30
(c) an offence against chapter 5D, part 2. 31
Page 50
Transport and Other Legislation Amendment Bill 2010
Chapter 2 Amendment of Transport Operations (Road Use Management) Act 1995--road
safety reforms
Part 4 Heavy vehicle speeding
[s 29]
relevant contravention for a person charged with a prescribed 1
offence means a contravention of the type to which the 2
offence relates. 3
relevant driver means-- 4
(a) for a person charged with a fatigue management 5
offence--a person in control of a fatigue regulated 6
heavy vehicle in relation to which the person is an 7
influencing person under section 57AB; or 8
(b) for a person charged with an offence against section 9
57B(2) relating to a heavy vehicle speeding offence--a 10
person in control of a heavy vehicle in relation to which 11
the person is an influencing person under section 57AB; 12
or 13
(c) for a person charged with an offence against chapter 5D, 14
part 2--a driver of a heavy vehicle for which the person 15
is a party in the chain of responsibility under that part.'. 16
Clause 29 Amendment of s 57F (Proof of compliance with industry 17
code of practice) 18
Section 57F(5), definition prescribed provision-- 19
omit, insert-- 20
`prescribed provision means a following provision-- 21
· section 53B(2), (3), (4) or (5) 22
· section 53C(1) or (2) 23
· section 57B(2) 24
· section 162D(1) 25
· section 163AD, 163AG, 163AI or 163AL.'. 26
Clause 30 Amendment of s 57H (Criminal Code, s 24 does not apply 27
to particular offences) 28
Section 57H(1)-- 29
Page 51
Transport and Other Legislation Amendment Bill 2010
Chapter 2 Amendment of Transport Operations (Road Use Management) Act 1995--road
safety reforms
Part 4 Heavy vehicle speeding
[s 31]
insert-- 1
`(f) an offence against section 163AD, 163AE, 163AF, 2
163AG, 163AH, 163AI, 163AL or 163AM.'. 3
Clause 31 Insertion of new ch 5D 4
After section 163A-- 5
insert-- 6
`Chapter 5D Heavy vehicle speeding 7
`Part 1 Preliminary 8
`163AA Main purpose of ch 5D 9
`The main purpose of this chapter is to improve road safety 10
and compliance with road safety laws by imposing 11
responsibility for speeding by heavy vehicles on persons 12
whose business activities influence the conduct of the drivers 13
of heavy vehicles. 14
`163AB Outline of the main features of ch 5D 15
`This chapter-- 16
(a) requires persons who are most directly responsible for 17
the operation of a heavy vehicle to take reasonable steps 18
to ensure their activities do not cause drivers to exceed 19
speed limits; and 20
(b) requires anyone who schedules the activities of a heavy 21
vehicle, or its driver, to take reasonable steps to ensure 22
the schedule of the vehicle and the driver does not cause 23
the driver to exceed speed limits; and 24
(c) requires heavy vehicle loading managers to take 25
reasonable steps to ensure the loading or unloading 26
Page 52
Transport and Other Legislation Amendment Bill 2010
Chapter 2 Amendment of Transport Operations (Road Use Management) Act 1995--road
safety reforms
Part 4 Heavy vehicle speeding
[s 31]
arrangements for a heavy vehicle do not cause the driver 1
to exceed speed limits; and 2
(d) requires particular persons who consign goods for 3
transport by a heavy vehicle, or who receive the goods, 4
to take reasonable steps to ensure the terms of 5
consignment of the goods do not cause drivers to exceed 6
speed limits; and 7
(e) prohibits anyone from asking a driver to exceed speed 8
limits and from entering into an agreement that causes a 9
driver to exceed speed limits. 10
`163AC Definitions for ch 5D 11
`In this chapter-- 12
cause, a thing, includes-- 13
(a) contribute to causing the thing; and 14
(b) encourage the thing. 15
driver means the driver of a heavy vehicle and includes an 16
employed driver and a self-employed driver. 17
employed driver means a driver who is employed by someone 18
else to drive a heavy vehicle under a contract of employment, 19
apprenticeship or training. 20
employer means a person who engages someone else to drive 21
a heavy vehicle under a contract of employment, 22
apprenticeship or training. 23
Example-- 24
a labour hire company 25
party in the chain of responsibility see section 163AN. 26
prime contractor means a person who engages someone else 27
to drive a heavy vehicle under a contract for services. 28
Example-- 29
a logistics business that engages a subcontractor to transport goods 30
Page 53
Transport and Other Legislation Amendment Bill 2010
Chapter 2 Amendment of Transport Operations (Road Use Management) Act 1995--road
safety reforms
Part 4 Heavy vehicle speeding
[s 31]
self-employed driver means a driver who is not an employed 1
driver. 2
speed limit, in relation to a driver, means a speed limit 3
applying to the driver under the Queensland Road Rules. 4
`Part 2 Particular duties and offences 5
`Division 1 Employers, prime contractors and 6
operators 7
`163AD Duty of employer, prime contractor or operator to 8
ensure business practices will not cause driver to 9
exceed speed limit etc. 10
`(1) A relevant party for a driver must take all reasonable steps to 11
ensure the relevant party's business practices will not cause 12
the driver to exceed a speed limit. 13
Maximum penalty--80 penalty units. 14
Examples of reasonable steps-- 15
· regular consultation with other parties in the chain of responsibility, 16
unions and industry associations to address compliance issues 17
· reviewing driving, work and trip records 18
· a program to report and monitor (for example, by GPS tracking) 19
incidents of speeding and related risks and hazards 20
· training and information for drivers, staff and parties in the chain of 21
responsibility about speeding 22
· regular maintenance of vehicle components that relate to complying 23
with speed limits (for example, speedometer, engine management 24
system and speed limiters) 25
Notes-- 26
1 Section 57DB sets out some of the factors a court may consider in 27
deciding whether a person has taken all reasonable steps. 28
Page 54
Transport and Other Legislation Amendment Bill 2010
Chapter 2 Amendment of Transport Operations (Road Use Management) Act 1995--road
safety reforms
Part 4 Heavy vehicle speeding
[s 31]
2 Section 57DC sets out 1 method by which an employer, prime 1
contractor and operator can take all reasonable steps for this 2
subsection. 3
`(2) In this section-- 4
business practices, of a relevant party for a driver, means the 5
practices of the relevant party in running the relevant party's 6
business, and includes each of the following-- 7
(a) the operating policies and procedures of the business; 8
(b) the human resource and contract management 9
arrangements of the business; 10
(c) arrangements for managing safety. 11
relevant party, for a driver, means any of the following-- 12
(a) an employer of the driver, if the driver is an employed 13
driver; 14
(b) a prime contractor of the driver, if the driver is a 15
self-employed driver; 16
(c) an operator of the vehicle, if the driver of the vehicle is 17
to make a journey for the operator. 18
`163AE Duty of employer not to cause driver to drive if 19
particular requirements not complied with 20
`An employer of an employed driver must not cause the driver 21
to drive the heavy vehicle unless-- 22
(a) the employer has complied with section 163AD; and 23
(b) the employer, after making reasonable inquiries, is 24
satisfied each scheduler for the vehicle has complied 25
with sections 163AG and 163AH. 26
Maximum penalty--40 penalty units. 27
Page 55
Transport and Other Legislation Amendment Bill 2010
Chapter 2 Amendment of Transport Operations (Road Use Management) Act 1995--road
safety reforms
Part 4 Heavy vehicle speeding
[s 31]
`163AF Duty of prime contractor or operator not to cause 1
driver to drive if particular requirements not 2
complied with 3
`(1) This section applies to-- 4
(a) a prime contractor of a self-employed driver (the 5
driver); and 6
(b) an operator of a heavy vehicle being driven by someone 7
else (also the driver). 8
`(2) The prime contractor, or operator, must not cause the driver to 9
drive the heavy vehicle unless-- 10
(a) the prime contractor, or operator, has complied with 11
section 163AD; and 12
(b) the prime contractor, or operator, after making 13
reasonable inquiries, is satisfied each scheduler for the 14
vehicle has complied with sections 163AG and 163AH. 15
Maximum penalty--40 penalty units. 16
`Division 2 Schedulers 17
`163AG Duty to ensure driver's schedule will not cause driver 18
to exceed speed limit 19
`A scheduler for a heavy vehicle must take all reasonable steps 20
to ensure the schedule for the driver will not cause the driver 21
to exceed a speed limit. 22
Maximum penalty--80 penalty units. 23
Examples of reasonable steps-- 24
· consulting drivers about their schedules and work requirements 25
· taking account of the average speed that can be travelled lawfully 26
on scheduled routes 27
· allowing for traffic conditions or other delays in schedules 28
· contingency planning concerning schedules 29
Page 56
Transport and Other Legislation Amendment Bill 2010
Chapter 2 Amendment of Transport Operations (Road Use Management) Act 1995--road
safety reforms
Part 4 Heavy vehicle speeding
[s 31]
Notes-- 1
1 Section 57DB sets out some of the factors a court may consider in 2
deciding whether a person has taken all reasonable steps. 3
2 Section 57DC sets out 1 method by which a scheduler can take all 4
reasonable steps for this section. 5
`163AH Duty not to cause driver to drive if particular 6
requirements not complied with 7
`A scheduler for a heavy vehicle must not cause the driver to 8
drive the heavy vehicle unless-- 9
(a) the scheduler has complied with section 163AG; and 10
(b) the driver's schedule for driving the vehicle allows-- 11
(i) for compliance with all speed limits; and 12
(ii) for the driver to take all required rest breaks in 13
compliance with all laws regulating the driver's 14
work and rest hours; and 15
(iii) for traffic conditions and other delays that could 16
reasonably be expected. 17
Examples for subparagraph (iii)-- 18
· the actual average speed able to be travelled lawfully 19
and safely by the driver on the route to be travelled by 20
the vehicle 21
· known traffic conditions, for example, road works or 22
traffic congestion on the route 23
· delays caused by loading, unloading or queuing 24
Maximum penalty--40 penalty units. 25
Page 57
Transport and Other Legislation Amendment Bill 2010
Chapter 2 Amendment of Transport Operations (Road Use Management) Act 1995--road
safety reforms
Part 4 Heavy vehicle speeding
[s 31]
`Division 3 Loading managers 1
`163AI Duty of loading manager to ensure loading 2
arrangements will not cause driver to exceed speed 3
limit 4
`A loading manager must take all reasonable steps to ensure 5
the arrangements for loading and unloading heavy vehicles at 6
the premises in relation to which the person is the loading 7
manager will not cause a driver to exceed a speed limit. 8
Examples of reasonable steps-- 9
· reviewing loading and unloading times and delays at loading and 10
unloading places 11
· identifying potential loading and unloading congestion in 12
consultation with drivers and other parties in the chain of 13
responsibility 14
· having a system of setting and allocating loading and unloading 15
times that a driver can reasonably rely on 16
· allowing loading and unloading to happen at an agreed time 17
Notes-- 18
1 Section 57DB sets out some of the factors a court may consider in 19
deciding whether a person has taken all reasonable steps. 20
2 Section 57DC sets out 1 method by which a loading manager can 21
take all reasonable steps for this section. 22
Maximum penalty--80 penalty units. 23
`Division 4 Particular consignors and 24
consignees 25
`163AJ Consignors to whom div 4 applies 26
`This division applies only to a consignor who engages a 27
particular operator of a heavy vehicle, either directly or 28
indirectly or through an agent or other intermediary, to 29
Page 58
Transport and Other Legislation Amendment Bill 2010
Chapter 2 Amendment of Transport Operations (Road Use Management) Act 1995--road
safety reforms
Part 4 Heavy vehicle speeding
[s 31]
transport goods for the consignor by road for commercial 1
purposes. 2
`163AK Consignees to whom div 4 applies 3
`This division applies only to a consignee-- 4
(a) who, with the consignee's authority, is named or 5
otherwise identified in the relevant transport 6
documentation as the intended consignee of goods 7
transported by road by a particular operator of a heavy 8
vehicle; and 9
(b) who knows, or who ought reasonably to have known, 10
that the goods were to be transported by road. 11
`163AL Duty of consignor or consignee to ensure terms of 12
consignment will not cause driver to exceed speed 13
limit etc. 14
`(1) A consignor or consignee must take all reasonable steps to 15
ensure the terms of consignment will not cause the driver to 16
exceed a speed limit. 17
Maximum penalty--80 penalty units. 18
`(2) A consignor or consignee must take all reasonable steps to 19
ensure the terms of consignment will not cause a relevant 20
party for the driver to cause the driver to exceed a speed limit. 21
Maximum penalty--80 penalty units. 22
Examples of reasonable steps for subsections (1) and (2)-- 23
· ensuring contractual arrangements and documentation for the 24
consignment and delivery of goods enable speed limit compliance 25
· contingency planning concerning consignments and delivery times 26
· regular consultation with other parties in the chain of responsibility, 27
unions and industry associations to address compliance issues 28
Notes for subsections (1) and (2)-- 29
1 Section 57DB sets out some of the factors a court may consider in 30
deciding whether a person has taken all reasonable steps. 31
Page 59
Transport and Other Legislation Amendment Bill 2010
Chapter 2 Amendment of Transport Operations (Road Use Management) Act 1995--road
safety reforms
Part 4 Heavy vehicle speeding
[s 31]
2 Section 57DC sets out 1 method by which a consignor or consignee 1
can take all reasonable steps for subsection (1) or (2). 2
`(3) In this section-- 3
driver means the driver of the heavy vehicle by which the 4
consigned goods are transported. 5
relevant party, for a driver, means-- 6
(a) an employer of the driver, if the driver is an employed 7
driver; or 8
(b) a prime contractor of the driver, if the driver is a 9
self-employed driver; or 10
(c) an operator of the vehicle. 11
`163AM Duty of consignor or consignee not to make a 12
demand that may result in driver exceeding the 13
speed limit 14
`A consignor or consignee must not make a demand that 15
affects, or may affect, a time in a schedule for the transport of 16
the consigned goods unless-- 17
(a) the consignor or consignee has complied with section 18
163AL; and 19
(b) the consignor or consignee is satisfied, after making 20
reasonable inquiries, that the making of the demand will 21
not cause a person to fail to comply with section 163AG 22
or 163AH. 23
Maximum penalty--60 penalty units. 24
`Division 5 Particular requests etc. and 25
contracts prohibited 26
`163AN Who is a party in the chain of responsibility 27
`(1) Each of the following persons is a party in the chain of 28
responsibility for a heavy vehicle-- 29
Page 60
Transport and Other Legislation Amendment Bill 2010
Chapter 2 Amendment of Transport Operations (Road Use Management) Act 1995--road
safety reforms
Part 4 Heavy vehicle speeding
[s 31]
(a) an employer of the driver; 1
(b) a prime contractor for the driver; 2
(c) an operator of the vehicle; 3
(d) a scheduler for the vehicle; 4
(e) a loading manager for goods in the vehicle; 5
(f) a consignor of goods transported or to be transported by 6
the vehicle to whom division 4 applies; 7
(g) a consignee of goods transported or to be transported by 8
the vehicle to whom division 4 applies. 9
Note-- 10
The performance of any of these functions, whether exclusively or 11
occasionally, decides whether a person falls within any of these 12
definitions, rather than the person's job title or contractual description. 13
`(2) A person may be a party in the chain of responsibility in more 14
than 1 capacity. 15
Example-- 16
A person may be a driver's employer, an operator and a consignor of 17
goods at the same time in relation to a heavy vehicle and be subject to 18
duties in each of the capacities. 19
`163AO Particular requests etc. prohibited 20
`A person must not ask, direct or require, directly or indirectly, 21
a driver, or a party in the chain of responsibility for a heavy 22
vehicle, to do something the person knows, or reasonably 23
ought to know, would have the effect of causing the driver to 24
exceed a speed limit. 25
Example of a requirement that contravenes this section-- 26
a requirement that the driver complete a journey in a time the person 27
knows or reasonably ought to know can not be complied with unless the 28
driver exceeds the speed limit or does not take all the rest time the driver 29
is required to take under the fatigue management regulation 30
Maximum penalty--80 penalty units. 31
Page 61
Transport and Other Legislation Amendment Bill 2010
Chapter 2 Amendment of Transport Operations (Road Use Management) Act 1995--road
safety reforms
Part 4 Heavy vehicle speeding
[s 32]
`163AP Particular contracts etc. prohibited 1
`(1) A person must not enter into a contract or agreement with a 2
driver or with a party in the chain of responsibility for a heavy 3
vehicle that the person knows, or reasonably ought to know, 4
would have the effect of causing the driver or another driver to 5
exceed a speed limit. 6
Maximum penalty--80 penalty units. 7
`(2) A person must not enter into a contract or agreement with a 8
driver or with a party in the chain of responsibility for a heavy 9
vehicle that the person knows, or reasonably ought to know, 10
would encourage or provide an incentive for a party in the 11
chain of responsibility to cause a driver to exceed a speed 12
limit. 13
Maximum penalty--80 penalty units. 14
Note for subsections (1) and (2)-- 15
See also section 168D for other prohibited contracts or agreements.'. 16
Clause 32 Amendment of s 163D (Deciding whether person knew or 17
ought reasonably to have known something) 18
(1) Section 163D(1), `or (b)'-- 19
omit, insert-- 20
`, (b) or (c)'. 21
(2) Section 163D(1)-- 22
insert-- 23
`(c) an offence against chapter 5D, part 2.'. 24
(3) Section 163D(2)(c)-- 25
omit, insert-- 26
`(c) any other relevant matter prescribed under a regulation 27
for this paragraph.'. 28
Page 62
Transport and Other Legislation Amendment Bill 2010
Chapter 2 Amendment of Transport Operations (Road Use Management) Act 1995--road
safety reforms
Part 4 Heavy vehicle speeding
[s 33]
Clause 33 Replacement of s 163E (Objective reasonableness test to 1
be used in deciding causation) 2
Section 163E-- 3
omit, insert-- 4
`163E Objective reasonableness test to be used in 5
deciding causation 6
`(1) This section applies in relation to proceedings for a prescribed 7
offence that may be committed by a person failing to take 8
reasonable steps to ensure someone else does not do a 9
prohibited thing. 10
`(2) For subsection (1), a person failing to take reasonable steps to 11
ensure someone else does not do a prohibited thing includes-- 12
(a) the person failing to take reasonable steps to ensure the 13
other person does not do the prohibited thing; and 14
(b) the person failing to take reasonable steps to ensure the 15
person's activities, or anything arising out of the 16
person's activities, do not-- 17
(i) cause the other person to do the prohibited thing; 18
or 19
(ii) result in the other person doing the prohibited 20
thing; or 21
(iii) encourage or provide an incentive for the other 22
person to do the prohibited thing. 23
`(3) Subsection (4) applies if-- 24
(a) a person does an act or makes an omission; and 25
(b) as a result of the act or omission someone else does a 26
prohibited thing. 27
`(4) A court may find the person caused the other person to do the 28
prohibited thing if the court is satisfied that a reasonable 29
person would have foreseen that the person's act or omission 30
would be reasonably likely to cause the other person to do the 31
prohibited thing. 32
Page 63
Transport and Other Legislation Amendment Bill 2010
Chapter 2 Amendment of Transport Operations (Road Use Management) Act 1995--road
safety reforms
Part 4 Heavy vehicle speeding
[s 34]
`(5) In this section-- 1
prescribed offence means-- 2
(a) an offence against a fatigue management regulation; or 3
(b) an offence against a chapter 5D, part 2. 4
prohibited thing means-- 5
(a) drive a fatigue regulated heavy vehicle in a contravening 6
way; or 7
(b) drive a heavy vehicle in excess of a speed limit applying 8
to the vehicle's driver. 9
`163F Commission of heavy vehicle speeding offence is 10
irrelevant to ch 5D, pt 2 prosecution 11
`(1) In a prosecution for an offence against chapter 5D, part 2, it is 12
not necessary to prove that a driver exceeded a speed limit. 13
`(2) In this section-- 14
driver see section 163AC.'. 15
Clause 34 Amendment of sch 4 (Dictionary) 16
(1) Schedule 4, definitions driver, employer, prime contractor-- 17
omit. 18
(2) Schedule 4-- 19
insert-- 20
`cause, for chapter 5D, see section 163AC. 21
driver-- 22
(a) for chapter 5D, see section 163AC; or 23
(b) otherwise-- 24
(i) means the person driving or in charge of any 25
vehicle, tram, train, vessel, or animal; and 26
(ii) includes, in relation to a trailer-- 27
Page 64
Transport and Other Legislation Amendment Bill 2010
Chapter 2 Amendment of Transport Operations (Road Use Management) Act 1995--road
safety reforms
Part 4 Heavy vehicle speeding
[s 34]
(A) the person driving or in charge of the vehicle 1
to or by which the trailer is attached or 2
drawn; and 3
(B) for chapter 3, part 3, if the trailer was, but is 4
no longer connected to the towing vehicle in 5
a combination--the driver of the towing 6
vehicle in the combination to or by which the 7
trailer was, or apparently was, last attached 8
or drawn. 9
employed driver, for chapter 5D, see section 163AC. 10
employer-- 11
(a) for chapter 5D, see section 163AC; or 12
(b) otherwise, means a person who employs someone else 13
under-- 14
(i) a contract of employment, apprenticeship or 15
training; or 16
(ii) a contract for services. 17
heavy vehicle speeding offence means an offence committed 18
by the driver of a heavy vehicle because the driver exceeded 19
the speed limit applying to the driver. 20
party in the chain of responsibility, for chapter 5D, see 21
section 163AN. 22
prime contractor-- 23
(a) for chapter 5D, see section 163AC; or 24
(b) in relation to the transport of dangerous goods, means 25
the person who, in conducting a business for or 26
involving the transport of dangerous goods, has 27
undertaken to be responsible for, or is responsible for, 28
the transport of the goods. 29
schedule, for the driver of a heavy vehicle, means-- 30
(a) the schedule for the transport of any goods or passengers 31
by the vehicle; or 32
Page 65
Transport and Other Legislation Amendment Bill 2010
Chapter 2 Amendment of Transport Operations (Road Use Management) Act 1995--road
safety reforms
Part 5 Speed and redlight cameras
[s 35]
(b) the schedule of the driver's work and rest times. 1
scheduler, for a heavy vehicle, means a person who-- 2
(a) schedules the transport of any goods or passengers by 3
the vehicle; or 4
(b) schedules the work and rest times of the driver of the 5
vehicle. 6
self-employed driver, for chapter 5D, see section 163AC. 7
speed limit, for chapter 5D, see section 163AC.'. 8
(3) Schedule 4, definition responsible person, paragraphs (r) to 9
(t)-- 10
omit, insert-- 11
`(r) a scheduler for the heavy vehicle; 12
(s) an agent, employer, employee or subcontractor of a 13
person referred to in any of paragraphs (a) to (r).'. 14
Part 5 Speed and redlight cameras 15
Clause 35 Amendment of s 113 (Definitions for div 2) 16
Section 113, definition photographic detection device-- 17
omit, insert-- 18
`photographic detection device means a device or system, 19
that captures an image, of a type approved under a regulation 20
as a photographic detection device. 21
Examples-- 22
· a digital device 23
· a camera system the components of which may include multiple 24
cameras, trigger mechanisms, data transfer capability and image 25
processing'. 26
Page 66
Transport and Other Legislation Amendment Bill 2010
Chapter 2 Amendment of Transport Operations (Road Use Management) Act 1995--road
safety reforms
Part 5 Speed and redlight cameras
[s 36]
Clause 36 Amendment of s 116 (Notice accompanying summons) 1
Section 116(1)(c)-- 2
omit, insert-- 3
`(c) the right to examine an image from a photographic 4
detection device under section 118 and the right to 5
challenge certain matters under section 120(7).'. 6
Clause 37 Amendment of s 118 (Photographic 7
evidence--inspection and challenges) 8
(1) Section 118, heading, `and challenges'-- 9
omit. 10
(2) Section 118(2), `21'-- 11
omit, insert-- 12
`28'. 13
(3) Section 118(3), `14'-- 14
omit, insert-- 15
`21'. 16
(4) Section 118(4) and (5)-- 17
omit. 18
Clause 38 Amendment of s 120 (Evidentiary provisions) 19
Section 120-- 20
insert-- 21
`(2A) A certificate purporting to be signed by the commissioner 22
stating that a stated photographic detection device-- 23
(a) was tested at a stated time and in accordance with-- 24
(i) the specifications of the device's manufacturer; and 25
(ii) any further requirements about calibration testing 26
prescribed under a regulation; and 27
Page 67
Transport and Other Legislation Amendment Bill 2010
Chapter 2 Amendment of Transport Operations (Road Use Management) Act 1995--road
safety reforms
Part 5 Speed and redlight cameras
[s 39]
(b) was found to produce accurate results at the time of 1
testing; 2
is evidence of the matters stated and evidence the device was 3
producing accurate results when so tested and for 1 year after 4
the day of testing. 5
`(7) A defendant who intends, at the hearing of a charge against 6
the defendant under this Act, to challenge-- 7
(a) the accuracy of a photographic detection device; or 8
(b) the image from a photographic detection device; or 9
(c) a marking or writing made by a photographic detection 10
device on an image; or 11
(d) a matter mentioned in section 120A(4)(a),(b) or (c); 12
must give written notice of the challenge to the prosecution. 13
`(8) The notice must be in the approved form and must-- 14
(a) be signed by the defendant; and 15
(b) state the grounds on which the defendant intends to rely 16
to challenge a matter mentioned in subsection (7)(a), (b) 17
or (c) or section 120A(4)(a),(b) or (c); and 18
(c) be given at least 14 days before the day fixed for the 19
hearing. 20
`(9) In this section-- 21
on, an image, includes adjacent to or associated with the 22
image.'. 23
Clause 39 Insertion of new s 120A 24
After section 120-- 25
insert-- 26
`120A Average speed of motor vehicle is evidence of 27
actual speed in certain circumstances 28
`(1) In a proceeding for a prescribed offence in which the speed at 29
which a motor vehicle travelled is relevant, the prosecution 30
Page 68
Transport and Other Legislation Amendment Bill 2010
Chapter 2 Amendment of Transport Operations (Road Use Management) Act 1995--road
safety reforms
Part 5 Speed and redlight cameras
[s 39]
may, under this section, rely on the average speed of the 1
vehicle between 2 points on a road as evidence of the actual 2
speed of the vehicle for the purpose of proving the offence. 3
Example of a prescribed offence in which the speed of a motor vehicle is 4
relevant-- 5
Queensland Road Rules, section 20 (Obeying the speed limit) 6
`(2) The following provisions apply in relation to the 7
proceeding-- 8
(a) the average speed of the vehicle calculated under this 9
section is admissible and is evidence of the actual speed 10
at which the vehicle travelled between the 2 points on 11
the road; 12
(b) the vehicle is, for the purpose of calculating the 13
vehicle's average speed, taken to have travelled between 14
the 2 points on the road by means of the shortest 15
practicable distance between the points regardless of the 16
actual route taken between the points. 17
`(3) The average speed of a motor vehicle between 2 points on a 18
road is to be calculated using the following formula (and 19
expressed in kilometres per hour rounded down to the next 20
whole number)-- 21
D × 3.6 22
-----------------
-
T
where-- 23
D is the shortest practicable distance, expressed in metres and 24
rounded down to the next whole number, between the 2 25
points. 26
T is the time, expressed in seconds, that elapsed between the 27
vehicle passing the 2 points. 28
`(4) A certificate purporting to be signed by the commissioner that 29
certifies any 1 or more of the following matters is admissible 30
in a proceeding mentioned in subsection (1) and is evidence of 31
any of the matters certified-- 32
Page 69
Transport and Other Legislation Amendment Bill 2010
Chapter 2 Amendment of Transport Operations (Road Use Management) Act 1995--road
safety reforms
Part 5 Speed and redlight cameras
[s 40]
(a) the shortest practicable distance, expressed in metres 1
and rounded down to the next whole number, between 2 2
points on a road; 3
(b) the time (expressed in seconds) that elapsed between a 4
motor vehicle passing 2 points on a road; 5
(c) the average speed, calculated under this section, at 6
which a motor vehicle travelled between 2 points on a 7
road (including an average speed calculated under this 8
section by a photographic detection device). 9
`(5) In this section-- 10
edge line has the same meaning it has in the Queensland Road 11
Rules. 12
shortest practicable distance, between 2 points on a road, 13
means-- 14
(a) if the road has edge lines, the shortest distance that a 15
motor vehicle could have travelled between the 2 points 16
without crossing an edge line of the road; or 17
(b) if the road does not have edge lines, the shortest distance 18
that a motor vehicle could have travelled between the 2 19
points while remaining on the road and without 20
travelling on a road-related area.'. 21
Clause 40 Amendment of s 124 (Facilitation of proof) 22
Section 124(1)(pf)-- 23
omit. 24
Clause 41 Amendment of s 124A (Additional ground of challenge 25
not stated in written notice required under particular 26
provisions) 27
(1) Section 124A(1) and (3), `118(4),'-- 28
omit. 29
(2) Section 124A(1) and (3), after `119(1)'-- 30
Page 70
Transport and Other Legislation Amendment Bill 2010
Chapter 2 Amendment of Transport Operations (Road Use Management) Act 1995--road
safety reforms
Part 5 Speed and redlight cameras
[s 42]
insert-- 1
`, 120(7)'. 2
(3) Section 124A(2), `118(5),'-- 3
omit. 4
(4) Section 124A(2), after `119(2)'-- 5
insert-- 6
`, 120(8)'. 7
Clause 42 Insertion of new s 222 8
Chapter 7, part 15-- 9
insert-- 10
`222 Transitional provisions relating to photographic 11
detection devices 12
`(1) Subsections (2) and (3) apply if a complaint or summons was 13
issued for a camera-detected offence before the 14
commencement. 15
`(2) It is immaterial whether the complaint or summons was 16
served before or after the commencement. 17
`(3) Chapter 5, part 7, division 2 and sections 124 and 124A as in 18
force before the commencement continue to apply in relation 19
to the offence (including a proceeding for the offence) as if the 20
Transport and Other Legislation Amendment Act 2010, 21
chapter 2, part 5 had not commenced. 22
`(4) Subsection (3) does not limit subsection (5). 23
`(5) A certificate under section 120(2A) has effect, as mentioned 24
in the subsection-- 25
(a) even if the certificate relates to the testing of a 26
photographic detection device that happened before the 27
commencement; and 28
(b) irrespective of whether-- 29
Page 71
Transport and Other Legislation Amendment Bill 2010
Chapter 3 Adult Proof of Age Card and New Queensland Driver Licensing amendments
Part 1 Amendment of Adult Proof of Age Card Act 2008
[s 43]
(i) the offence for which the certificate is used was 1
allegedly committed before or after the 2
commencement; or 3
(ii) the complaint or summons issued for the offence 4
was issued before or after the commencement. 5
`(6) In this section-- 6
camera-detected offence see section 113. 7
commencement means commencement of this section.'. 8
Chapter 3 Adult Proof of Age Card and 9
New Queensland Driver 10
Licensing amendments 11
Part 1 Amendment of Adult Proof of 12
Age Card Act 2008 13
Clause 43 Act amended 14
This part amends the Adult Proof of Age Card Act 2008. 15
Clause 44 Replacement of s 5 (What is an adult proof of age card) 16
Section 5-- 17
omit, insert-- 18
`5 What is an adult proof of age card 19
`An adult proof of age card is a proof of age card issued 20
under this Act-- 21
Page 72
Transport and Other Legislation Amendment Bill 2010
Chapter 3 Adult Proof of Age Card and New Queensland Driver Licensing amendments
Part 1 Amendment of Adult Proof of Age Card Act 2008
[s 45]
(a) that indicates that a person is at least 18 years of age; 1
and 2
(b) on which information may be stored electronically.'. 3
Clause 45 Amendment of s 6 (Card is property of the State) 4
Section 6-- 5
insert-- 6
`(2) Subsection (1) applies even though a person other than the 7
State-- 8
(a) has the right to use information that is on the card or 9
stored electronically on it; or 10
(b) has the right to have information stored on the card. 11
`(3) The State is not legally liable for an act or omission relating to 12
the keeping or use of the adult proof of age card.'. 13
Clause 46 Amendment of s 9 (Application for new card by electronic 14
communication) 15
Section 9(1)(b), `section 31(4)'-- 16
omit, insert-- 17
`section 31A'. 18
Clause 47 Amendment of s 11 (Decision on application) 19
(1) Section 11(1), `and 31(2)'-- 20
omit, insert-- 21
`and 31(5)'. 22
(2) Section 11(3)(a)(ii), `section 31(4)'-- 23
omit, insert-- 24
`section 31A'. 25
Page 73
Transport and Other Legislation Amendment Bill 2010
Chapter 3 Adult Proof of Age Card and New Queensland Driver Licensing amendments
Part 1 Amendment of Adult Proof of Age Card Act 2008
[s 48]
Clause 48 Amendment of s 13 (Expiry of card) 1
Section 13, from `10'-- 2
omit, insert-- 3
`on the day stated on the card, being a day that is not longer 4
than 10 years after the day the card is issued.'. 5
Clause 49 Insertion of new s 23A 6
After section 23-- 7
insert-- 8
`23A Proof of giving documents 9
`(1) This section applies to a proceeding for an offence against 10
section 22(1) or 23(1) or (2). 11
`(2) It is sufficient proof the document was given to the chief 12
executive or another person to prove it was given to a person 13
authorised to receive it for the chief executive or other person. 14
`(3) It does not matter whether the person was the chief executive 15
or another person or whether the authorisation was a 16
delegation, agency or any other form of authorisation by 17
which someone acts through another.'. 18
Clause 50 Amendment of s 30 (Restricted release of information in 19
APA register) 20
Section 30(6)-- 21
omit. 22
Clause 51 Replacement of s 31 (Obtaining digital photo and 23
digitised signature) 24
Section 31-- 25
omit, insert-- 26
Page 74
Transport and Other Legislation Amendment Bill 2010
Chapter 3 Adult Proof of Age Card and New Queensland Driver Licensing amendments
Part 1 Amendment of Adult Proof of Age Card Act 2008
[s 51]
`31 Obtaining digital photo and digitised signature 1
`(1) A person must allow the chief executive to take and keep-- 2
(a) a digital photo and digitised signature of the person, if 3
the person applies for the issue or replacement of an 4
adult proof of age card; or 5
(b) a digital photo or digitised signature of the person, if-- 6
(i) the person applies for anything else in relation to 7
an adult proof of age card; and 8
(ii) the chief executive has given the person written 9
notice under subsection (3) or (4) in relation to the 10
photo or signature. 11
`(2) Subsection (1)(a) does not apply to the person if-- 12
(a) as allowed under this Act or a prescribed smartcard Act, 13
the chief executive is keeping the person's most recent 14
digital photo and digitised signature; and 15
(b) the chief executive is satisfied the person's most recent 16
digital photo is still a true likeness of the person; and 17
(c) the shelf life of the person's most recent digital photo 18
and digitised signature, or the most recent extension of 19
the shelf life under section 31A, has not ended and will 20
not end before the term of the adult proof of age card 21
ends. 22
`(3) If the chief executive considers it reasonably necessary to use 23
facial recognition technology to establish a person's 24
connection to the person's most recent digital photo, the chief 25
executive may give the person a written notice requiring the 26
person to allow the chief executive to take and keep a digital 27
photo of the person. 28
`(4) If the chief executive is satisfied there is sufficient connection 29
between the digital photo taken under subsection (1)(b) and 30
the person's most recent digital photo, the chief executive may 31
give the person a written notice requiring the person to allow 32
the chief executive to take and keep a digitised signature of 33
the person. 34
Page 75
Transport and Other Legislation Amendment Bill 2010
Chapter 3 Adult Proof of Age Card and New Queensland Driver Licensing amendments
Part 1 Amendment of Adult Proof of Age Card Act 2008
[s 52]
`(5) The chief executive must refuse to consider any application by 1
the person relating to an adult proof of age card if-- 2
(a) the person does not comply with subsection (1); or 3
(b) the chief executive is not satisfied there is sufficient 4
connection between the digital photo taken under 5
subsection (1)(b) and the person's most recent digital 6
photo. 7
`31A Extending shelf life of digital photo and digitised 8
signature 9
`(1) The chief executive may, for this Act, extend the shelf life of 10
the most recent digital photo and digitised signature of a 11
person. 12
`(2) The period for which the shelf life may be extended under 13
subsection (1) must not result in the shelf life being extended 14
under the subsection for periods totalling more than 6 months. 15
Example-- 16
If the shelf life has been extended previously under subsection (1) for 2 17
months, the next extension under the subsection must not be for more 18
than 4 months.'. 19
Clause 52 Amendment of s 32 (Using digital photo and digitised 20
signature) 21
(1) Section 32(1)(c) and example-- 22
omit, insert-- 23
`(c) for a digital photo taken under section 31(1)(b), to 24
establish the person's connection to the person's most 25
recent digital photo for the purposes of an adult proof of 26
age card.'. 27
(2) Section 32(2)(b)(i), `renewal'-- 28
omit, insert-- 29
`replacement'. 30
Page 76
Transport and Other Legislation Amendment Bill 2010
Chapter 3 Adult Proof of Age Card and New Queensland Driver Licensing amendments
Part 1 Amendment of Adult Proof of Age Card Act 2008
[s 53]
(3) Section 32(2)(b)(ii), `other security'-- 1
omit, insert-- 2
`anything else'. 3
Clause 53 Amendment of s 33 (Restricted access to digital photo) 4
Section 33(3), after `under this Act'-- 5
insert-- 6
`or a prescribed smartcard Act'. 7
Clause 54 Replacement of s 37 (Retention period for digital photo 8
and digitised signature) 9
Section 37-- 10
omit, insert--- 11
`37 Retention period for digital photo and digitised 12
signature 13
`(1) This section sets out the retention period for a digital photo 14
and digitised signature taken under this Act. 15
`(2) Unless subsection (3) applies, the retention period for a digital 16
photo and digitised signature taken under section 31(1) is-- 17
(a) if an application mentioned in section 31(1)(a) is 18
granted or a digital photo or digitised signature taken 19
under section 31(1)(b) is to be used under section 20
32(1)(b)--30 years after the relevant day; or 21
(b) if an application mentioned in section 31(1)(a) is not 22
granted-- 23
(i) 6 months after the relevant day; or 24
(ii) the period decided by the chief executive; 25
whichever is the shorter period; or 26
(c) if paragraph (a) or (b) does not apply--24 hours after 27
the relevant day. 28
Page 77
Transport and Other Legislation Amendment Bill 2010
Chapter 3 Adult Proof of Age Card and New Queensland Driver Licensing amendments
Part 1 Amendment of Adult Proof of Age Card Act 2008
[s 55]
`(3) Despite subsection (2), if-- 1
(a) an investigation as mentioned in section 32(2) is started 2
before the end of the retention period worked out under 3
subsection (2)(b) or (c) of this section for a digital photo 4
and digitised signature; and 5
(b) the chief executive reasonably requires the digital photo 6
and digitised signature to be kept for a longer period for 7
the investigation or a proceeding resulting from the 8
investigation; 9
the retention period for the digital photo and digitised 10
signature is the longer period mentioned in paragraph (b) of 11
this subsection. 12
`(4) In this section-- 13
relevant day, for a digital photo and digitised signature, means 14
the day on which the digital photo and digitised signature are 15
taken.'. 16
Clause 55 Insertion of new s 47A 17
After section 47-- 18
insert-- 19
`47A Keeping and using information obtained or kept 20
under this Act or particular transport Acts 21
`(1) The chief executive may, for this Act, keep or use information 22
obtained or kept under a particular transport Act if the 23
information-- 24
(a) relates to any matter under this Act; or 25
(b) concerns the administration of this Act. 26
`(2) The chief executive may, for a particular transport Act, keep 27
or use information obtained or kept under this Act if the 28
information-- 29
(a) relates to any matter under the particular transport Act; 30
or 31
Page 78
Transport and Other Legislation Amendment Bill 2010
Chapter 3 Adult Proof of Age Card and New Queensland Driver Licensing amendments
Part 1 Amendment of Adult Proof of Age Card Act 2008
[s 56]
(b) concerns the administration of the particular transport 1
Act. 2
`(3) The general manager under the Maritime Safety Queensland 3
Act 2002 may, for the Transport Operations (Marine Safety) 4
Act 1994, keep or use information obtained or kept under this 5
Act if the information-- 6
(a) relates to any matter under the Transport Operations 7
(Marine Safety) Act 1994; or 8
(b) concerns the administration of the Transport Operations 9
(Marine Safety) Act 1994. 10
`(4) Information that may be kept or used under subsection (1), (2) 11
or (3) does not include a digital photo and digitised signature. 12
`(5) This section applies despite a provision of this or another Act. 13
`(6) In this section-- 14
particular transport Act means a following Act-- 15
(a) the Tow Truck Act 1973; 16
(b) the Transport Infrastructure Act 1994; 17
(c) the Transport Operations (Marine Safety) Act 1994; 18
(d) the Transport Operations (Passenger Transport) Act 19
1994; 20
(e) the Transport Operations (Road Use Management) Act 21
1995; 22
(f) the Transport Security (Counter-Terrorism) Act 2008.'. 23
Clause 56 Amendment of s 49 (Regulation-making power) 24
Section 49(4)-- 25
omit, insert-- 26
`(4) Also, without limiting subsection (1), a regulation may 27
provide for a PIN to be used by the holder of a valid adult 28
proof of age card as a security measure to protect information 29
stored electronically on the card.'. 30
Page 79
Transport and Other Legislation Amendment Bill 2010
Chapter 3 Adult Proof of Age Card and New Queensland Driver Licensing amendments
Part 2 Amendment of Transport (New Queensland Driver Licensing) Amendment Act 2008
[s 57]
Clause 57 Amendment of schedule (Dictionary) 1
(1) Schedule-- 2
insert-- 3
`proof of age card means a document that-- 4
(a) contains a photo of the person to whom it is issued; and 5
(b) indicates by reference to the person's date of birth or 6
otherwise that the person has attained a particular age.'. 7
(2) Schedule, definitions most recent digital photo and most 8
recent digitised signature, paragraph (a)(i), `this Act'-- 9
omit, insert-- 10
`section 31'. 11
Part 2 Amendment of Transport (New 12
Queensland Driver Licensing) 13
Amendment Act 2008 14
Clause 58 Act amended 15
This part amends the Transport (New Queensland Driver 16
Licensing) Amendment Act 2008. 17
Clause 59 Amendment of s 5 (Insertion of new ch 7, pt 5A) 18
(1) Section 5, inserted section 195A, definition prescribed 19
document, paragraph (d)-- 20
omit, insert-- 21
`(d) an authorising document as defined in the Transport 22
Operations (Passenger Transport) Act 1994, schedule 23
3;'. 24
Page 80
Transport and Other Legislation Amendment Bill 2010
Chapter 3 Adult Proof of Age Card and New Queensland Driver Licensing amendments
Part 2 Amendment of Transport (New Queensland Driver Licensing) Amendment Act 2008
[s 60]
(2) Section 5, inserted section 195A, definition smartcard 1
transport authority, paragraphs (c) and (d)-- 2
omit, insert-- 3
`(c) a smartcard driver authorisation as defined in the 4
Transport Operations (Passenger Transport) Act 1994, 5
schedule 3; 6
(d) a smartcard authority as defined in the Transport 7
Operations (Road Use Management) Act 1995, schedule 8
4.'. 9
(3) Section 5, inserted division 4, heading, `smartcard transport 10
authority'-- 11
omit, insert-- 12
`prescribed document'. 13
(4) Section 5, inserted section 195I(1), `prescribed document'-- 14
omit, insert-- 15
`smartcard transport authority'. 16
Editor's note-- 17
Subsections (1) to (4), legislation ultimately amended-- 18
· Police Powers and Responsibilities Act 2000 19
Clause 60 Insertion of new ss 8A and 8B 20
After section 8-- 21
insert-- 22
`8A Replacement of ss 14-18 23
`Sections 14 to 18-- 24
omit, insert-- 25
`14 Application for driver's or assistant's certificate 26
`(1) A person may apply to the chief executive for the grant of a 27
driver's certificate or an assistant's certificate. 28
Page 81
Transport and Other Legislation Amendment Bill 2010
Chapter 3 Adult Proof of Age Card and New Queensland Driver Licensing amendments
Part 2 Amendment of Transport (New Queensland Driver Licensing) Amendment Act 2008
[s 60]
`(2) The application must be made in accordance with a 1
regulation. 2
`14A Decision on application 3
`(1) Subject to section 19A(5), the chief executive must consider 4
an application made under section 14 and do 1 of the 5
following-- 6
(a) grant the application; 7
(b) grant the application subject to conditions; 8
(c) refuse to grant the application. 9
`(2) However, before deciding an application, the chief 10
executive-- 11
(a) must consider the matters prescribed under a regulation 12
for this section; and 13
(b) may consider any other matter the chief executive 14
considers relevant. 15
`(3) Also, the chief executive must not grant the application if the 16
chief executive is not satisfied the applicant is an appropriate 17
person to hold a driver's certificate or an assistant's certificate. 18
`15 Written notice of granting of certificate and of conditions 19
or variations 20
`(1) If the chief executive grants the application, the chief 21
executive must give the applicant written notice-- 22
(a) that the person has been granted a driver's certificate or 23
an assistant's certificate; and 24
(b) of any condition imposed on the certificate. 25
Note-- 26
Under section 21A, the certificate may be cancelled or suspended if the 27
holder of the certificate contravenes a condition. 28
Page 82
Transport and Other Legislation Amendment Bill 2010
Chapter 3 Adult Proof of Age Card and New Queensland Driver Licensing amendments
Part 2 Amendment of Transport (New Queensland Driver Licensing) Amendment Act 2008
[s 60]
`(2) The chief executive may, by written notice given to the holder 1
of a driver's certificate or assistant's certificate, vary a 2
condition to which the certificate is subject. 3
`16 What driver's or assistant's certificate authorises 4
`(1) A driver's certificate (driver's certificate) authorises the 5
holder of the certificate to operate a tow truck. 6
`(2) An assistant's certificate (assistant's certificate) authorises 7
the holder of the certificate to be employed on or in 8
connection with a tow truck. 9
`17 Term of driver's or assistant's certificate 10
`(1) A driver's certificate or assistant's certificate is granted for the 11
term, stated in the written notice given under section 15 for 12
the certificate, of not longer than 5 years. 13
`(2) However, a driver's certificate or assistant's certificate may be 14
renewed for successive terms of not longer than 5 years. 15
`17A Renewal of driver's or assistant's certificate 16
`(1) The holder of a driver's certificate or assistant's certificate 17
may apply for its renewal to the chief executive. 18
`(2) The application may be made no sooner than 2 weeks before 19
the certificate expires. 20
`(3) Sections 14 to 17 apply to an application for renewal of a 21
driver's certificate or assistant's certificate in the same way as 22
they apply to an application for a driver's certificate or 23
assistant's certificate. 24
`18 Driver's certificate dependent on driver licence 25
`(1) This section applies if-- 26
(a) the driver licence held by the holder of a driver's 27
certificate is suspended or cancelled; or 28
Page 83
Transport and Other Legislation Amendment Bill 2010
Chapter 3 Adult Proof of Age Card and New Queensland Driver Licensing amendments
Part 2 Amendment of Transport (New Queensland Driver Licensing) Amendment Act 2008
[s 61]
(b) the holder surrenders the licence. 1
`(2) The driver's certificate-- 2
(a) if the licence is suspended--is automatically suspended 3
on the day the licence is suspended and is of no effect 4
while the licence is suspended; or 5
(b) if the licence is cancelled or surrendered--is 6
automatically cancelled on the day the licence is 7
cancelled or surrendered.'. 8
`8B Amendment of s 19 (Permit for applicant for driver's 9
or assistant's certificate) 10
`(1) Section 19(1), `issue to that'-- 11
omit, insert-- 12
`grant the'. 13
`(2) Section 19(2), `issued'-- 14
omit, insert-- 15
`granted'.'. 16
Editor's note-- 17
Legislation ultimately amended-- 18
· Tow Truck Act 1973 19
Clause 61 Amendment of s 9 (Insertion of new pt 3, divs 2 and 3) 20
(1) Section 9, inserted sections 19A and 19B-- 21
omit, insert-- 22
`19A Obtaining digital photo and digitised signature 23
`(1) A person must allow the chief executive to take and keep-- 24
(a) a digital photo and digitised signature of the person, if 25
the person applies for-- 26
(i) the grant or renewal of a driver's certificate or 27
assistant's certificate (the authority applied for); or 28
Page 84
Transport and Other Legislation Amendment Bill 2010
Chapter 3 Adult Proof of Age Card and New Queensland Driver Licensing amendments
Part 2 Amendment of Transport (New Queensland Driver Licensing) Amendment Act 2008
[s 61]
(ii) the replacement of a document evidencing a 1
driver's certificate or assistant's certificate; or 2
(b) a digital photo or digitised signature of the person, if-- 3
(i) the person applies for anything else in relation to a 4
driver's certificate or an assistant's certificate; and 5
(ii) the chief executive has given the person written 6
notice under subsection (3) or (4) in relation to the 7
photo or signature. 8
`(2) Subsection (1)(a) does not apply to the person if-- 9
(a) as allowed under this Act or a prescribed smartcard Act, 10
the chief executive is keeping the person's most recent 11
digital photo and digitised signature; and 12
(b) the chief executive is satisfied the person's most recent 13
digital photo is still a true likeness of the person; and 14
(c) the shelf life of the person's most recent digital photo 15
and digitised signature, or the most recent extension of 16
the shelf life under section 19AA, has not ended and 17
will not end before-- 18
(i) the term of the authority applied for ends; or 19
(ii) if a replacement of a document evidencing the 20
person's driver's certificate or assistant's certificate 21
is applied for--the term of the driver's certificate 22
or assistant's certificate ends. 23
`(3) If the chief executive considers it reasonably necessary to use 24
facial recognition technology to establish a person's 25
connection to the person's most recent digital photo, the chief 26
executive may give the person a written notice requiring the 27
person to allow the chief executive to take and keep a digital 28
photo of the person. 29
`(4) If the chief executive is satisfied there is sufficient connection 30
between the digital photo taken under subsection (1)(b) and 31
the person's most recent digital photo, the chief executive may 32
give the person a written notice requiring the person to allow 33
Page 85
Transport and Other Legislation Amendment Bill 2010
Chapter 3 Adult Proof of Age Card and New Queensland Driver Licensing amendments
Part 2 Amendment of Transport (New Queensland Driver Licensing) Amendment Act 2008
[s 61]
the chief executive to take and keep a digitised signature of 1
the person. 2
`(5) The chief executive must refuse to consider any application by 3
the person relating to a driver's certificate or an assistant's 4
certificate if-- 5
(a) the person does not comply with subsection (1); or 6
(b) the chief executive is not satisfied there is sufficient 7
connection between the digital photo taken under 8
subsection (1)(b) and the person's most recent digital 9
photo. 10
`19AA Extending shelf life of digital photo and digitised 11
signature 12
`(1) The chief executive may, for this Act, extend the shelf life of 13
the most recent digital photo and digitised signature of a 14
person. 15
`(2) The period for which the shelf life may be extended under 16
subsection (1) must not result in the shelf life being extended 17
under the subsection for periods totalling more than 6 months. 18
Example-- 19
If the shelf life has been extended previously under subsection (1) for 2 20
months, the next extension under the subsection must not be for more 21
than 4 months. 22
`19B Using digital photo and digitised signature 23
`(1) The chief executive may, with a person's consent, use the 24
person's most recent digital photo and digitised signature for 25
any of the following purposes-- 26
(a) to help identify the person for deciding whether or not to 27
grant an application for a relevant certificate; 28
(b) to reproduce the person's digital photo and digitised 29
signature on a document evidencing a relevant 30
certificate; 31
Page 86
Transport and Other Legislation Amendment Bill 2010
Chapter 3 Adult Proof of Age Card and New Queensland Driver Licensing amendments
Part 2 Amendment of Transport (New Queensland Driver Licensing) Amendment Act 2008
[s 61]
(c) for a digital photo taken under section 19A(1)(b), to 1
establish the person's connection to the person's most 2
recent digital photo for the purposes of-- 3
(i) a relevant certificate; or 4
(ii) a document evidencing a relevant certificate. 5
`(2) The chief executive may use a person's most recent digital 6
photo and digitised signature to help in an investigation of, or 7
proceeding for, an offence that-- 8
(a) happens-- 9
(i) in making the application for which the person's 10
digital photo and digitised signature are taken 11
under section 19A(1); or 12
(ii) during the retention period for the digital photo and 13
digitised signature; and 14
(b) involves a person obtaining or attempting to obtain any 15
of the following by a false statement, misrepresentation 16
or any other dishonest way-- 17
(i) a relevant certificate or its renewal; 18
(ii) a PIN or anything else for-- 19
(A) a relevant certificate; or 20
(B) a document evidencing a relevant certificate. 21
`(3) In this section-- 22
relevant certificate means-- 23
(a) a driver's certificate or assistant's certificate; or 24
(b) a replacement of a document evidencing a driver's 25
certificate or assistant's certificate.'. 26
(2) Section 9, inserted section 19C(3), after `under this Act'-- 27
insert-- 28
`or a prescribed smartcard Act'. 29
Page 87
Transport and Other Legislation Amendment Bill 2010
Chapter 3 Adult Proof of Age Card and New Queensland Driver Licensing amendments
Part 2 Amendment of Transport (New Queensland Driver Licensing) Amendment Act 2008
[s 61]
(3) Section 9, inserted section 19E(2), definition smartcard 1
certificate-- 2
omit. 3
(4) Section 9, inserted section 19F-- 4
omit, insert-- 5
`19F Retention period for digital photo and digitised 6
signature 7
`(1) This section sets out the retention period for a digital photo 8
and digitised signature taken under this Act. 9
`(2) Unless subsection (3) applies, the retention period for a digital 10
photo and digitised signature taken under section 19A(1) is-- 11
(a) if an application mentioned in section 19A(1)(a) is 12
granted or a digital photo or digitised signature taken 13
under section 19A(1)(b) is to be used under section 14
19B(1)(b)--30 years after the relevant day; or 15
(b) if an application mentioned in section 19A(1)(a) is not 16
granted-- 17
(i) 6 months after the relevant day; or 18
(ii) the period decided by the chief executive; 19
whichever is the shorter period; or 20
(c) if paragraph (a) or (b) does not apply--24 hours after 21
the relevant day. 22
`(3) Despite subsection (2), if-- 23
(a) an investigation as mentioned in section 19B(2) is 24
started before the end of the retention period worked out 25
under subsection (2)(b) or (c) of this section for a digital 26
photo and digitised signature; and 27
(b) the chief executive reasonably requires the digital photo 28
and digitised signature to be kept for a longer period for 29
the investigation or a proceeding resulting from the 30
investigation; 31
Page 88
Transport and Other Legislation Amendment Bill 2010
Chapter 3 Adult Proof of Age Card and New Queensland Driver Licensing amendments
Part 2 Amendment of Transport (New Queensland Driver Licensing) Amendment Act 2008
[s 62]
the retention period for the digital photo and digitised 1
signature is the longer period mentioned in paragraph (b) of 2
this subsection. 3
`(4) In this section-- 4
relevant day, for a digital photo and digitised signature, means 5
the day on which the digital photo and digitised signature are 6
taken.'. 7
(5) Section 9, inserted section 19H(2)(a), `the certificate'-- 8
omit, insert-- 9
`a document evidencing the certificate'. 10
Editor's note-- 11
Subsections (1) to (5), legislation ultimately amended-- 12
· Tow Truck Act 1973 13
Clause 62 Insertion of new ss 9A-9D 14
After section 9-- 15
insert-- 16
`9A Amendment of s 21F (Surrender of authority on 17
authority holder's request) 18
`Section 21F(1)-- 19
omit, insert-- 20
`(1) An authority holder may surrender the authority holder's 21
authority by giving the chief executive written notice of the 22
surrender. 23
`(1A) The notice must be accompanied by any document evidencing 24
the authority. 25
Example-- 26
If the person holds a driver's certificate and has been given a smartcard 27
certificate, the person must return the smartcard certificate with the 28
notice of surrender.'. 29
Page 89
Transport and Other Legislation Amendment Bill 2010
Chapter 3 Adult Proof of Age Card and New Queensland Driver Licensing amendments
Part 2 Amendment of Transport (New Queensland Driver Licensing) Amendment Act 2008
[s 62]
`9B Amendment of s 21G (Delivery of cancelled or 1
suspended authority) 2
`Section 21G, after `deliver'-- 3
insert-- 4
`any document evidencing'. 5
`9C Insertion of new s 34 6
`Part 7, before section 35-- 7
insert-- 8
`34 Smartcard certificate is property of the State 9
`(1) A smartcard certificate is and remains the property of the 10
State. 11
`(2) Subsection (1) applies even though a person other than the 12
State-- 13
(a) has the right to use information that is on the smartcard 14
certificate or stored electronically on it; or 15
(b) has the right to have information stored on the smartcard 16
certificate. 17
`(3) The State is not legally liable for an act or omission relating to 18
the keeping or use of the smartcard certificate.'. 19
`9D Replacement of s 35 (Production of licence, 20
certificate or permit) 21
`Section 35-- 22
omit, insert-- 23
`35 Production of document evidencing licence, certificate or 24
permit to authorised officer 25
`The holder of a licence, driver's certificate, assistant's 26
certificate or permit must, if asked by an authorised officer, 27
produce to the officer the document evidencing the licence, 28
certificate or permit. 29
Page 90
Transport and Other Legislation Amendment Bill 2010
Chapter 3 Adult Proof of Age Card and New Queensland Driver Licensing amendments
Part 2 Amendment of Transport (New Queensland Driver Licensing) Amendment Act 2008
[s 63]
`35A Production of document evidencing driver's certificate or 1
permit before commencing a tow 2
`(1) This section applies if the driver of a tow truck makes an offer 3
or intends to make an offer to tow a damaged motor vehicle by 4
means of a tow truck. 5
`(2) The driver must, either before or when making the offer to tow 6
the motor vehicle, produce the document evidencing the 7
driver's certificate or permit held by the driver for inspection 8
by the person to whom the offer is made or intended to be 9
made. 10
`(3) This section applies whether or not the person to whom the 11
offer is made or intended to be made asks the driver to 12
produce the document.'.'. 13
Editor's note-- 14
Legislation ultimately amended-- 15
· Tow Truck Act 1973 16
Clause 63 Replacement of s 11 (Amendment of s 43 17
(Regulation-making power)) 18
Section 11-- 19
omit, insert-- 20
`11 Amendment of s 43 (Regulation-making power) 21
`(1) Section 43(2)(b) to (f)-- 22
omit, insert-- 23
`(b) the grant and renewal of licences or certificates and the 24
grant of permits; 25
(c) the return or destruction of documents evidencing a 26
licence or certificate after expiry of the licence or 27
certificate; 28
(d) obtaining and dealing with towing authorities; 29
Page 91
Transport and Other Legislation Amendment Bill 2010
Chapter 3 Adult Proof of Age Card and New Queensland Driver Licensing amendments
Part 2 Amendment of Transport (New Queensland Driver Licensing) Amendment Act 2008
[s 63]
(e) the identification of the holder of a licence, certificate or 1
permit in a document evidencing that the person holds 2
the licence, certificate or permit; 3
(f) the damaging of documents; 4
(fa) the replacement of documents; 5
(fb) the notification of a change of personal particulars; 6
(fc) the carrying of documents;'. 7
`(2) Section 43-- 8
insert-- 9
`(3) Without limiting subsection (1) or (2), a regulation may 10
provide for the following-- 11
(a) a document evidencing a driver's certificate or 12
assistant's certificate to be in the form of a card or 13
something similar approved by the chief executive and 14
on which information may be stored electronically; 15
(b) a PIN to be used by the holder of a driver's certificate or 16
assistant's certificate as a security measure to protect 17
information stored electronically on a document 18
evidencing the certificate. 19
`(4) Also, without limiting subsections (1) to (3), a regulation may 20
provide that-- 21
(a) a document evidencing a person's driver's certificate or 22
assistant's certificate may include on it information 23
about another transport authority held by the person 24
under a prescribed transport Act, if allowed under that 25
Act; or 26
(b) information about a driver's certificate or an assistant's 27
certificate may be included on another transport 28
authority. 29
Note-- 30
See also the Transport Planning and Coordination Act 1994, section 31
36G for smartcard transport authorities. 32
Page 92
Transport and Other Legislation Amendment Bill 2010
Chapter 3 Adult Proof of Age Card and New Queensland Driver Licensing amendments
Part 2 Amendment of Transport (New Queensland Driver Licensing) Amendment Act 2008
[s 64]
`(5) In this section-- 1
prescribed transport Act means-- 2
(a) this Act; or 3
(b) the Transport Operations (Passenger Transport) Act 4
1994; or 5
(c) the Transport Operations (Road Use Management) Act 6
1995. 7
transport authority means-- 8
(a) a driver's certificate or an assistant's certificate; or 9
(b) driver authorisation under the Transport Operations 10
(Passenger Transport) Act 1994; or 11
(c) a prescribed authority (other than a Queensland driver 12
licence) under the Transport Operations (Road Use 13
Management) Act 1995.'.'. 14
Editor's note-- 15
Legislation ultimately amended-- 16
· Tow Truck Act 1973 17
Clause 64 Insertion of new s 11A 18
After section 11-- 19
insert-- 20
`11A Amendment of sch 1 (Reviewable decisions) 21
`Schedule 1, part 2, items 1 to 4-- 22
omit, insert-- 23
`1 Failing to grant a certificate under section 14A 24
2 Imposing a condition on the grant or renewal of a certificate 25
under section 14A 26
3 Varying a condition of a certificate under section 15 27
4 Failing to renew a certificate under section 17A'.'. 28
Page 93
Transport and Other Legislation Amendment Bill 2010
Chapter 3 Adult Proof of Age Card and New Queensland Driver Licensing amendments
Part 2 Amendment of Transport (New Queensland Driver Licensing) Amendment Act 2008
[s 65]
Editor's note-- 1
Legislation ultimately amended-- 2
· Tow Truck Act 1973 3
Clause 65 Amendment of s 12 (Amendment of sch 2 (Dictionary)) 4
(1) Section 12, unnumbered subsection-- 5
number as section 12(2). 6
(2) Section 12-- 7
insert-- 8
`(1) Schedule 2, definitions assistant's certificate, driver's 9
certificate and permit-- 10
omit.'. 11
(3) Section 12(2), as numbered, inserted definitions-- 12
insert-- 13
`assistant's certificate see section 16(2). 14
driver's certificate see section 16(1). 15
permit means-- 16
(a) a permit issued under section 11; or 17
(b) a permit granted under section 19. 18
shelf life, of a digital photo and digitised signature, means 10 19
years after the photo and signature are taken. 20
smartcard certificate means a smartcard driver's certificate or 21
a smartcard assistant's certificate.'. 22
(4) Section 12(2), as numbered, inserted definitions most recent 23
digital photo and most recent digitised signature, paragraph 24
(a)(i), `this Act'-- 25
omit, insert-- 26
`section 19A'. 27
Page 94
Transport and Other Legislation Amendment Bill 2010
Chapter 3 Adult Proof of Age Card and New Queensland Driver Licensing amendments
Part 2 Amendment of Transport (New Queensland Driver Licensing) Amendment Act 2008
[s 66]
Editor's note-- 1
Subsections (1) to (4), legislation ultimately amended-- 2
· Tow Truck Act 1973 3
Clause 66 Replacement of s 14 (Amendment of s 62 (Grant, 4
amendment and renewal of licences)) 5
Section 14-- 6
omit, insert-- 7
`14 Amendment of s 62 (Grant, amendment and 8
renewal of licences) 9
`Section 62-- 10
insert-- 11
`(4) Without limiting subsection (2), a regulation may provide for 12
the following-- 13
(a) a marine licence indicator to be in the form approved by 14
the chief executive or general manager, including a card 15
on which information may be stored electronically; 16
(b) a PIN to be used by the holder of a smartcard marine 17
licence indicator as a security measure to protect 18
information stored electronically on the smartcard 19
marine licence indicator.'.'. 20
Editor's note-- 21
Legislation ultimately amended-- 22
· Transport Operations (Marine Safety) Act 1994 23
Clause 67 Insertion of new s 14A 24
After section 14-- 25
insert-- 26
`14A Insertion of new s 63AA 27
`Part 5, division 3, after section 63-- 28
insert-- 29
Page 95
Transport and Other Legislation Amendment Bill 2010
Chapter 3 Adult Proof of Age Card and New Queensland Driver Licensing amendments
Part 2 Amendment of Transport (New Queensland Driver Licensing) Amendment Act 2008
[s 68]
`63AA Smartcard marine licence indicator is property of the 1
State 2
`(1) A smartcard marine licence indicator is and remains the 3
property of the State. 4
`(2) Subsection (1) applies even though a person other than the 5
State-- 6
(a) has the right to use information that is on the smartcard 7
marine licence indicator or stored electronically on it; or 8
(b) has the right to have information stored on the smartcard 9
marine licence indicator. 10
`(3) The State is not legally liable for an act or omission relating to 11
the keeping or use of the smartcard marine licence 12
indicator.'.'. 13
Editor's note-- 14
Legislation ultimately amended-- 15
· Transport Operations (Marine Safety) Act 1994 16
Clause 68 Amendment of s 15 (Insertion of new pt 5, divs 3A and 17
3B) 18
(1) Section 15, inserted sections 63A and 63B-- 19
omit, insert-- 20
`63A Obtaining digital photo and digitised signature 21
`(1) A person must allow the chief executive or general manager to 22
take and keep-- 23
(a) a digital photo and digitised signature of the person, if-- 24
(i) the person applies for the grant or renewal of a 25
marine licence (the authority applied for) or an 26
amendment of the person's marine licence; or 27
(ii) the person is the holder of a marine licence and 28
applies for a marine licence indicator, or the 29
renewal, replacement or amendment of a smartcard 30
marine licence indicator; or 31
Page 96
Transport and Other Legislation Amendment Bill 2010
Chapter 3 Adult Proof of Age Card and New Queensland Driver Licensing amendments
Part 2 Amendment of Transport (New Queensland Driver Licensing) Amendment Act 2008
[s 68]
(b) a digital photo or digitised signature of the person, if-- 1
(i) the person applies for anything else in relation to a 2
marine licence or a marine licence indicator; and 3
(ii) the chief executive or general manager has given 4
the person written notice under subsection (3) or 5
(4) in relation to the photo or signature. 6
`(2) Subsection (1)(a) does not apply to the person if-- 7
(a) as allowed under this Act or a prescribed smartcard Act, 8
the chief executive or general manager is keeping the 9
person's most recent digital photo and digitised 10
signature; and 11
(b) the chief executive or general manager is satisfied the 12
person's most recent digital photo is still a true likeness 13
of the person; and 14
(c) the shelf life of the person's most recent digital photo 15
and digitised signature, or the most recent extension of 16
the shelf life under section 63AB, has not ended and will 17
not end before-- 18
(i) if the grant or renewal of a marine licence indicator 19
is applied for--the term of the authority applied for 20
ends; or 21
(ii) otherwise--the term of the smartcard marine 22
licence indicator ends. 23
`(3) If the chief executive or general manager considers it 24
reasonably necessary to use facial recognition technology to 25
establish a person's connection to the person's most recent 26
digital photo, the chief executive or general manager may give 27
the person a written notice requiring the person to allow the 28
chief executive or general manager to take and keep a digital 29
photo of the person. 30
`(4) If the chief executive or general manager is satisfied there is 31
sufficient connection between the digital photo taken under 32
subsection (1)(b) and the person's most recent digital photo, 33
the chief executive or general manager may give the person a 34
Page 97
Transport and Other Legislation Amendment Bill 2010
Chapter 3 Adult Proof of Age Card and New Queensland Driver Licensing amendments
Part 2 Amendment of Transport (New Queensland Driver Licensing) Amendment Act 2008
[s 68]
written notice requiring the person to allow the chief 1
executive or general manager to take and keep a digitised 2
signature of the person. 3
`(5) The chief executive or general manager must refuse to 4
consider any application by the person relating to a marine 5
licence or a marine licence indicator if-- 6
(a) the person does not comply with subsection (1); or 7
(b) the chief executive or general manager is not satisfied 8
there is sufficient connection between the digital photo 9
taken under subsection (1)(b) and the person's most 10
recent digital photo. 11
`63AB Extending shelf life of digital photo and digitised 12
signature 13
`(1) The chief executive or general manager may, for this Act, 14
extend the shelf life of the most recent digital photo and 15
digitised signature of a person. 16
`(2) The period for which the shelf life may be extended under 17
subsection (1) must not result in the shelf life being extended 18
under the subsection for periods totalling more than 6 months. 19
Example-- 20
If the shelf life has been extended previously under subsection (1) for 2 21
months, the next extension under the subsection must not be for more 22
than 4 months. 23
`63B Using digital photo and digitised signature 24
`(1) The chief executive or general manager may, with a person's 25
consent, use the person's most recent digital photo and 26
digitised signature for any of the following purposes-- 27
(a) to help identify the person for deciding whether or not to 28
grant an application for a marine licence; 29
(b) to reproduce the person's digital photo and digitised 30
signature on a smartcard marine licence indicator; 31
Page 98
Transport and Other Legislation Amendment Bill 2010
Chapter 3 Adult Proof of Age Card and New Queensland Driver Licensing amendments
Part 2 Amendment of Transport (New Queensland Driver Licensing) Amendment Act 2008
[s 68]
(c) for a digital photo taken under section 63A(1)(b), to 1
establish the person's connection to the person's most 2
recent digital photo when the person makes any 3
application relating to a smartcard marine licence 4
indicator. 5
`(2) The chief executive or general manager may use a person's 6
most recent digital photo and digitised signature to help in an 7
investigation of, or proceeding for, an offence that-- 8
(a) happens-- 9
(i) in making the application for which the person's 10
digital photo and digitised signature are taken 11
under section 63A(1); or 12
(ii) during the retention period for the digital photo and 13
digitised signature; and 14
(b) involves a person obtaining or attempting to obtain any 15
of the following by a false statement, misrepresentation 16
or any other dishonest way-- 17
(i) a marine licence; 18
(ii) a smartcard marine licence indicator or its renewal 19
or replacement; 20
(iii) a PIN or anything else for a smartcard marine 21
licence indicator.'. 22
(2) Section 15, inserted section 63C(3), after `under this Act'-- 23
insert-- 24
`or a prescribed smartcard Act'. 25
(3) Section 15, inserted section 63G-- 26
omit, insert-- 27
`63G Retention period for digital photo and digitised 28
signature 29
`(1) This section sets out the retention period for a digital photo 30
and digitised signature taken under this Act. 31
Page 99
Transport and Other Legislation Amendment Bill 2010
Chapter 3 Adult Proof of Age Card and New Queensland Driver Licensing amendments
Part 2 Amendment of Transport (New Queensland Driver Licensing) Amendment Act 2008
[s 68]
`(2) Unless subsection (3) applies, the retention period for a digital 1
photo and digitised signature taken under section 63A(1) is-- 2
(a) if an application mentioned in section 63A(1)(a) is 3
granted or a digital photo or digitised signature taken 4
under section 63A(1)(b) is to be used under section 5
63B(1)(b)--30 years after the relevant day; or 6
(b) if an application mentioned in section 63A(1)(a) is not 7
granted-- 8
(i) 6 months after the relevant day; or 9
(ii) the period decided by the chief executive or 10
general manager; 11
whichever is the shorter period; or 12
(c) if paragraph (a) or (b) does not apply--24 hours after 13
the relevant day. 14
`(3) Despite subsection (2), if-- 15
(a) an investigation as mentioned in section 63B(2) is 16
started before the end of the retention period worked out 17
under subsection (2)(b) or (c) of this section for a digital 18
photo and digitised signature; and 19
(b) the chief executive or general manager reasonably 20
requires the digital photo and digitised signature to be 21
kept for a longer period for the investigation or a 22
proceeding resulting from the investigation; 23
the retention period for the digital photo and digitised 24
signature is the longer period mentioned in paragraph (b) of 25
this subsection. 26
`(4) In this section-- 27
relevant day, for a digital photo and digitised signature, means 28
the day on which the digital photo and digitised signature are 29
taken.'. 30
(4) Section 15, inserted section 63I(1), after `licence'-- 31
insert-- 32
Page 100
Transport and Other Legislation Amendment Bill 2010
Chapter 3 Adult Proof of Age Card and New Queensland Driver Licensing amendments
Part 2 Amendment of Transport (New Queensland Driver Licensing) Amendment Act 2008
[s 69]
`or marine history'. 1
(5) Section 15, inserted section 63I(2)(a) and (c), before `marine 2
licence indicator'-- 3
insert-- 4
`smartcard'. 5
Editor's note-- 6
Subsections (1) to (5), legislation ultimately amended-- 7
· Transport Operations (Marine Safety) Act 1994 8
Clause 69 Amendment of s 17 (Amendment of schedule 9
(Dictionary)) 10
(1) Section 17, inserted definition smartcard marine licence 11
indicator-- 12
omit. 13
(2) Section 17, inserted definitions-- 14
insert-- 15
`shelf life, of a digital photo and digitised signature, means 10 16
years after the photo and signature are taken. 17
smartcard marine licence indicator means a marine licence 18
indicator in the form approved by the chief executive or 19
general manager on which information may be stored 20
electronically.'. 21
(3) Section 17, inserted definitions most recent digital photo and 22
most recent digitised signature, paragraph (a), `this Act'-- 23
omit, insert-- 24
`section 63A'. 25
Editor's note-- 26
Subsections (1) to (3), legislation ultimately amended-- 27
· Transport Operations (Marine Safety) Act 1994 28
Page 101
Transport and Other Legislation Amendment Bill 2010
Chapter 3 Adult Proof of Age Card and New Queensland Driver Licensing amendments
Part 2 Amendment of Transport (New Queensland Driver Licensing) Amendment Act 2008
[s 70]
Clause 70 Replacement of s 20 (Amendment of s 29 (Granting, 1
renewing or refusing driver authorisation)) 2
Section 20-- 3
omit, insert-- 4
`20 Amendment of s 29 (Granting, renewing or refusing 5
driver authorisation) 6
`Section 29-- 7
insert-- 8
`(3) Also, without limiting subsection (1), a regulation may 9
provide for the following-- 10
(a) an authorising document; 11
(b) an authorising document to be in the form of a card or 12
something similar approved by the chief executive and 13
on which information may be stored electronically; 14
(c) a PIN to be used by the holder of driver authorisation as 15
a security measure to protect information stored 16
electronically on an authorising document. 17
`(4) Further, without limiting subsections (1) to (3), a regulation 18
may provide that-- 19
(a) an authorising document may include on it information 20
about another transport authority held by the person 21
under a prescribed transport Act, if allowed under that 22
Act; or 23
(b) information about driver authorisation may be included 24
on another transport authority. 25
Note-- 26
See also the Transport Planning and Coordination Act 1994, section 27
36G for smartcard transport authorities. 28
`(5) In this section-- 29
prescribed transport Act means-- 30
(a) the Tow Truck Act 1973; or 31
Page 102
Transport and Other Legislation Amendment Bill 2010
Chapter 3 Adult Proof of Age Card and New Queensland Driver Licensing amendments
Part 2 Amendment of Transport (New Queensland Driver Licensing) Amendment Act 2008
[s 71]
(b) the Transport Operations (Road Use Management) Act 1
1995. 2
transport authority means-- 3
(a) a driver's certificate or an assistant's certificate under 4
the Tow Truck Act 1973; or 5
(b) a prescribed authority (other than a Queensland driver 6
licence) under the Transport Operations (Road Use 7
Management) Act 1995.'.'. 8
Editor's note-- 9
Legislation ultimately amended-- 10
· Transport Operations (Passenger Transport) Act 1994 11
Clause 71 Insertion of new s 20A 12
After section 20-- 13
insert-- 14
`20A Insertion of new s 29AA 15
`After section 29-- 16
insert-- 17
`29AA Smartcard driver authorisation is property of the State 18
`(1) A smartcard driver authorisation is and remains the property 19
of the State. 20
`(2) Subsection (1) applies even though a person other than the 21
State-- 22
(a) has the right to use information that is on the smartcard 23
driver authorisation or stored electronically on it; or 24
(b) has the right to have information stored on the smartcard 25
driver authorisation. 26
`(3) The State is not legally liable for an act or omission relating to 27
the keeping or use of the smartcard driver authorisation.'.'. 28
Page 103
Transport and Other Legislation Amendment Bill 2010
Chapter 3 Adult Proof of Age Card and New Queensland Driver Licensing amendments
Part 2 Amendment of Transport (New Queensland Driver Licensing) Amendment Act 2008
[s 72]
Editor's note-- 1
Legislation ultimately amended-- 2
· Transport Operations (Passenger Transport) Act 1994 3
Clause 72 Amendment of s 21 (Insertion of new s 34A) 4
Section 21, inserted section 34A-- 5
omit, insert-- 6
`34A Authorised driver must notify damage, loss or theft of 7
authorising document issued by chief executive 8
`(1) If a person's authorising document issued by the chief 9
executive is damaged, lost or stolen, the person must notify 10
the chief executive, as soon as practicable, in the way 11
prescribed under a regulation. 12
Maximum penalty--20 penalty units. 13
`(2) In this section-- 14
damaged, in relation to an authorising document-- 15
(a) means-- 16
(i) the document is damaged to an extent that-- 17
(A) any information on the document is 18
impossible or difficult to read without the 19
use of technology; or 20
(B) a digital photo or a digitised signature on the 21
document is impossible or difficult to 22
recognise without the use of technology; or 23
(ii) any information stored electronically on the 24
document is no longer accessible by using the 25
holder's PIN; and 26
(b) includes destroyed.'.'. 27
Editor's note-- 28
Legislation ultimately amended-- 29
· Transport Operations (Passenger Transport) Act 1994 30
Page 104
Transport and Other Legislation Amendment Bill 2010
Chapter 3 Adult Proof of Age Card and New Queensland Driver Licensing amendments
Part 2 Amendment of Transport (New Queensland Driver Licensing) Amendment Act 2008
[s 73]
Clause 73 Amendment of s 22 (Insertion of new ch 4, pts 2 and 3) 1
(1) Section 22, inserted sections 35A and 35B-- 2
omit, insert-- 3
`35A Obtaining digital photo and digitised signature 4
`(1) A person must allow the chief executive to take and keep-- 5
(a) a digital photo and digitised signature of the person, if 6
the person applies for-- 7
(i) the grant or renewal of driver authorisation (the 8
authority applied for); 9
(ii) an amendment of driver authorisation; 10
(iii) the replacement of an authorising document; or 11
(b) a digital photo or digitised signature of the person, if-- 12
(i) the person applies for anything else in relation to 13
driver authorisation; and 14
(ii) the chief executive has given the person written 15
notice under subsection (3) or (4) in relation to the 16
photo or signature. 17
`(2) Subsection (1)(a) does not apply to the person if-- 18
(a) as allowed under this Act or a prescribed smartcard Act, 19
the chief executive is keeping the person's most recent 20
digital photo and digitised signature; and 21
(b) the chief executive is satisfied the person's most recent 22
digital photo is still a true likeness of the person; and 23
(c) the shelf life of the person's most recent digital photo 24
and digitised signature, or the most recent extension of 25
the shelf life under section 35AA, has not ended and 26
will not end before-- 27
(i) the term of the authority applied for ends; or 28
(ii) if an amendment of the person's driver 29
authorisation is applied for--the term of the driver 30
authorisation ends; or 31
Page 105
Transport and Other Legislation Amendment Bill 2010
Chapter 3 Adult Proof of Age Card and New Queensland Driver Licensing amendments
Part 2 Amendment of Transport (New Queensland Driver Licensing) Amendment Act 2008
[s 73]
(iii) if replacement of an authorising document is 1
applied for--the term of the driver authorisation 2
ends. 3
`(3) If the chief executive considers it reasonably necessary to use 4
facial recognition technology to establish a person's 5
connection to the person's most recent digital photo, the chief 6
executive may give the person a written notice requiring the 7
person to allow the chief executive to take and keep a digital 8
photo of the person. 9
`(4) If the chief executive is satisfied there is sufficient connection 10
between the digital photo taken under subsection (1)(b) and 11
the person's most recent digital photo, the chief executive may 12
give the person a written notice requiring the person to allow 13
the chief executive to take and keep a digitised signature of 14
the person. 15
`(5) The chief executive must refuse to consider any application by 16
the person relating to driver authorisation if-- 17
(a) the person does not comply with subsection (1); or 18
(b) the chief executive is not satisfied there is sufficient 19
connection between the digital photo taken under 20
subsection (1)(b) and the person's most recent digital 21
photo. 22
`35AA Extending shelf life of digital photo and digitised 23
signature 24
`(1) The chief executive may, for this Act, extend the shelf life of 25
the most recent digital photo and digitised signature of a 26
person. 27
`(2) The period for which the shelf life may be extended under 28
subsection (1) must not result in the shelf life being extended 29
under the subsection for periods totalling more than 6 months. 30
Example-- 31
If the shelf life has been extended previously under subsection (1) for 2 32
months, the next extension under the subsection must not be for more 33
than 4 months. 34
Page 106
Transport and Other Legislation Amendment Bill 2010
Chapter 3 Adult Proof of Age Card and New Queensland Driver Licensing amendments
Part 2 Amendment of Transport (New Queensland Driver Licensing) Amendment Act 2008
[s 73]
`35B Using digital photo and digitised signature 1
`(1) The chief executive may, with a person's consent, use the 2
person's most recent digital photo and digitised signature for 3
any of the following purposes-- 4
(a) to help identify the person for deciding whether or not to 5
grant an application for driver authorisation; 6
(b) to reproduce the person's digital photo and digitised 7
signature on an authorising document; 8
(c) for a digital photo taken under section 35A(1)(b), to 9
establish the person's connection to the person's most 10
recent digital photo when the person makes any 11
application relating to driver authorisation. 12
`(2) The chief executive may use a person's most recent digital 13
photo and digitised signature to help in an investigation of, or 14
proceeding for, an offence that-- 15
(a) happens-- 16
(i) in making the application for which the person's 17
digital photo and digitised signature are taken 18
under section 35A(1); or 19
(ii) during the retention period for the digital photo and 20
digitised signature; and 21
(b) involves a person obtaining or attempting to obtain any 22
of the following by a false statement, misrepresentation 23
or any other dishonest way-- 24
(i) driver authorisation or its renewal; 25
(ii) a PIN or anything else for an authorising 26
document.'. 27
(2) Section 22, inserted section 35C(3), after `under this Act'-- 28
insert-- 29
`or a prescribed smartcard Act'. 30
(3) Section 22, inserted section 35E(2), definition smartcard 31
driver authorisation-- 32
Page 107
Transport and Other Legislation Amendment Bill 2010
Chapter 3 Adult Proof of Age Card and New Queensland Driver Licensing amendments
Part 2 Amendment of Transport (New Queensland Driver Licensing) Amendment Act 2008
[s 73]
omit. 1
(4) Section 22, inserted section 35F-- 2
omit, insert-- 3
`35F Retention period for digital photo and digitised 4
signature 5
`(1) This section sets out the retention period for a digital photo 6
and digitised signature taken under this Act. 7
`(2) Unless subsection (3) applies, the retention period for a digital 8
photo and digitised signature taken under section 35A(1) is-- 9
(a) if an application mentioned in section 35A(1)(a) is 10
granted or a digital photo or digitised signature taken 11
under section 35A(1)(b) is to be used under section 12
35B(1)(b)--30 years after the relevant day; or 13
(b) if an application mentioned in section 35A(1)(a) is not 14
granted-- 15
(i) 6 months after the relevant day; or 16
(ii) the period decided by the chief executive; 17
whichever is the shorter period; or 18
(c) if paragraph (a) or (b) does not apply--24 hours after 19
the relevant day. 20
`(3) Despite subsection (2), if-- 21
(a) an investigation as mentioned in section 35B(2) is 22
started before the end of the retention period worked out 23
under subsection (2)(b) or (c) of this section for a digital 24
photo and digitised signature; and 25
(b) the chief executive reasonably requires the digital photo 26
and digitised signature to be kept for a longer period for 27
the investigation or a proceeding resulting from the 28
investigation; 29
the retention period for the digital photo and digitised 30
signature is the longer period mentioned in paragraph (b) of 31
this subsection. 32
Page 108
Transport and Other Legislation Amendment Bill 2010
Chapter 3 Adult Proof of Age Card and New Queensland Driver Licensing amendments
Part 2 Amendment of Transport (New Queensland Driver Licensing) Amendment Act 2008
[s 74]
`(4) In this section-- 1
relevant day, for a digital photo and digitised signature, means 2
the day on which the digital photo and digitised signature are 3
taken.'. 4
(5) Section 22, inserted section 35H(2)(a), `the driver 5
authorisation'-- 6
omit, insert-- 7
`the person's authorising document'. 8
Editor's note-- 9
Subsections (1) to (5), legislation ultimately amended-- 10
· Transport Operations (Passenger Transport) Act 1994 11
Clause 74 Amendment of s 24 (Amendment of sch 3 (Dictionary)) 12
(1) Section 24, inserted definitions-- 13
insert-- 14
`authorising document means a document evidencing driver 15
authorisation. 16
shelf life, of a digital photo and digitised signature, means 10 17
years after the photo and signature are taken. 18
smartcard driver authorisation means driver authorisation in 19
the form provided for under section 29(3)(b).'. 20
(2) Section 24, inserted definitions most recent digital photo and 21
most recent digitised signature, paragraph (a)(i), `this Act'-- 22
omit, insert-- 23
`section 35A'. 24
Editor's note-- 25
Subsections (1) and (2), legislation ultimately amended-- 26
· Transport Operations (Passenger Transport) Act 1994 27
Page 109
Transport and Other Legislation Amendment Bill 2010
Chapter 3 Adult Proof of Age Card and New Queensland Driver Licensing amendments
Part 2 Amendment of Transport (New Queensland Driver Licensing) Amendment Act 2008
[s 75]
Clause 75 Amendment of s 28 (Insertion of new ch 5, pt 3A) 1
(1) Section 28, inserted sections 91A and 91B-- 2
omit, insert-- 3
`91A Obtaining digital photo and digitised signature 4
`(1) A person must allow the chief executive to take and keep-- 5
(a) a digital photo and digitised signature of the person, if 6
the person applies for the grant, renewal or replacement 7
of a prescribed authority (the authority applied for); or 8
(b) a digital photo or digitised signature of the person, if-- 9
(i) the person applies for anything else in relation to a 10
prescribed authority; and 11
(ii) the chief executive has given the person written 12
notice under subsection (3) or (4) in relation to the 13
photo or signature. 14
`(2) Subsection (1)(a) does not apply to the person if-- 15
(a) as allowed under this Act or a prescribed smartcard Act, 16
the chief executive is keeping the person's most recent 17
digital photo and digitised signature; and 18
(b) the chief executive is satisfied the person's most recent 19
digital photo is still a true likeness of the person; and 20
(c) the shelf life of the person's most recent digital photo 21
and digitised signature, or the most recent extension of 22
the shelf life under section 91AA, has not ended and 23
will not end before the term of the authority applied for 24
ends. 25
`(3) If the chief executive considers it reasonably necessary to use 26
facial recognition technology to establish a person's 27
connection to the person's most recent digital photo, the chief 28
executive may give the person a written notice requiring the 29
person to allow the chief executive to take and keep a digital 30
photo of the person. 31
`(4) If the chief executive is satisfied there is sufficient connection 32
between the digital photo taken under subsection (1)(b) and 33
Page 110
Transport and Other Legislation Amendment Bill 2010
Chapter 3 Adult Proof of Age Card and New Queensland Driver Licensing amendments
Part 2 Amendment of Transport (New Queensland Driver Licensing) Amendment Act 2008
[s 75]
the person's most recent digital photo, the chief executive may 1
give the person a written notice requiring the person to allow 2
the chief executive to take and keep a digitised signature of 3
the person. 4
`(5) The chief executive must refuse to consider any application by 5
the person relating to a prescribed authority if-- 6
(a) the person does not comply with subsection (1); or 7
(b) the chief executive is not satisfied there is sufficient 8
connection between the digital photo taken under 9
subsection (1)(b) and the person's most recent digital 10
photo. 11
`(6) In this section-- 12
grant includes issue. 13
`91AA Extending shelf life of digital photo and digitised 14
signature 15
`(1) The chief executive may, for this Act, extend the shelf life of 16
the most recent digital photo and digitised signature of a 17
person. 18
`(2) The period for which the shelf life may be extended under 19
subsection (1) must not result in the shelf life being extended 20
under the subsection for periods totalling more than 6 months. 21
Example-- 22
If the shelf life has been extended previously under subsection (1) for 2 23
months, the next extension under the subsection must not be for more 24
than 4 months. 25
`91B Using digital photo and digitised signature 26
`(1) The chief executive may, with a person's consent, use the 27
person's most recent digital photo and digitised signature for 28
any of the following purposes-- 29
(a) to help identify the person for deciding whether or not to 30
grant an application for a prescribed authority; 31
Page 111
Transport and Other Legislation Amendment Bill 2010
Chapter 3 Adult Proof of Age Card and New Queensland Driver Licensing amendments
Part 2 Amendment of Transport (New Queensland Driver Licensing) Amendment Act 2008
[s 75]
(b) to reproduce the person's digital photo and digitised 1
signature on a prescribed authority; 2
(c) for a digital photo taken under section 91A(1)(b), to 3
establish the person's connection to the person's most 4
recent digital photo when the person makes any 5
application relating to a prescribed authority. 6
`(2) The chief executive may use a person's most recent digital 7
photo and digitised signature to help in an investigation of, or 8
proceeding for, an offence that-- 9
(a) happens-- 10
(i) in making the application for which the person's 11
digital photo and digitised signature are taken 12
under section 91A(1); or 13
(ii) during the retention period for the digital photo and 14
digitised signature; and 15
(b) involves a person obtaining or attempting to obtain any 16
of the following by a false statement, misrepresentation 17
or any other dishonest way-- 18
(i) a prescribed authority or its renewal; 19
(ii) a PIN or anything else for a prescribed authority.'. 20
(2) Section 28, inserted section 91C(3), after `under this Act'-- 21
insert-- 22
`or a prescribed smartcard Act'. 23
(3) Section 28, inserted section 91F(3), definition smartcard 24
authority-- 25
omit. 26
(4) Section 28, inserted section 91G-- 27
omit, insert-- 28
Page 112
Transport and Other Legislation Amendment Bill 2010
Chapter 3 Adult Proof of Age Card and New Queensland Driver Licensing amendments
Part 2 Amendment of Transport (New Queensland Driver Licensing) Amendment Act 2008
[s 75]
`91G Retention period for digital photo and digitised 1
signature 2
`(1) This section sets out the retention period for a digital photo 3
and digitised signature taken under this Act. 4
`(2) Unless subsection (3) applies, the retention period for a digital 5
photo and digitised signature taken under section 91A(1) is-- 6
(a) if an application mentioned in section 91A(1)(a) is 7
granted or a digital photo or digitised signature taken 8
under section 91A(1)(b) is to be used under section 9
91B(1)(b)--30 years after the relevant day; or 10
(b) if an application mentioned in section 91A(1)(a) is not 11
granted-- 12
(i) 6 months after the relevant day; or 13
(ii) the period decided by the chief executive; 14
whichever is the shorter period; or 15
(c) if paragraph (a) or (b) does not apply--24 hours after 16
the relevant day. 17
`(3) Despite subsection (2), if-- 18
(a) an investigation as mentioned in section 91B(2) is 19
started before the end of the retention period worked out 20
under subsection (2)(b) or (c) of this section for a digital 21
photo and digitised signature; and 22
(b) the chief executive reasonably requires the digital photo 23
and digitised signature to be kept for a longer period for 24
the investigation or a proceeding resulting from the 25
investigation; 26
the retention period for the digital photo and digitised 27
signature is the longer period mentioned in paragraph (b) of 28
this subsection. 29
`(4) In this section-- 30
relevant day, for a digital photo and digitised signature, means 31
the day on which the digital photo and digitised signature are 32
taken.'. 33
Page 113
Transport and Other Legislation Amendment Bill 2010
Chapter 3 Adult Proof of Age Card and New Queensland Driver Licensing amendments
Part 2 Amendment of Transport (New Queensland Driver Licensing) Amendment Act 2008
[s 76]
Editor's note-- 1
Subsections (1) to (4), legislation ultimately amended-- 2
· Transport Operations (Road Use Management) Act 1995 3
Clause 76 Insertion of new s 28A 4
After section 28-- 5
insert-- 6
`28A Insertion of new s 126A 7
`After section 126-- 8
insert-- 9
`126A Smartcard authority is property of the State 10
`(1) A smartcard authority is and remains the property of the State. 11
`(2) Subsection (1) applies even though a person other than the 12
State-- 13
(a) has the right to use information that is on the smartcard 14
authority or stored electronically on it; or 15
(b) has the right to have information stored on the smartcard 16
authority. 17
`(3) The State is not legally liable for an act or omission relating to 18
the keeping or use of the smartcard authority.'.'. 19
Editor's note-- 20
Legislation ultimately amended-- 21
· Transport Operations (Road Use Management) Act 1995 22
Clause 77 Replacement of s 30 (Amendment of s 150A (Regulating 23
form of licence)) 24
Section 30-- 25
omit, insert-- 26
`30 Replacement of s 150A (Regulating form of licence) 27
`Section 150A-- 28
Page 114
Transport and Other Legislation Amendment Bill 2010
Chapter 3 Adult Proof of Age Card and New Queensland Driver Licensing amendments
Part 2 Amendment of Transport (New Queensland Driver Licensing) Amendment Act 2008
[s 77]
insert-- 1
`150A Regulating form of licence 2
`(1) A regulation may provide for the form of a licence under this 3
Act, including the information to be included on a licence. 4
`(2) Without limiting subsection (1), a regulation may provide that 5
a Queensland driver licence may include information that 6
identifies the holder of the Queensland driver licence as being 7
the holder of a licence under another Act. 8
Example for subsection (2)-- 9
A regulation may provide that a Queensland driver licence may include 10
information indicating the holder of the Queensland driver licence also 11
holds a licence under the Transport Operations (Marine Safety) Act 12
1994. 13
`(3) Without limiting subsection (1), a regulation may provide for 14
the following-- 15
(a) a document evidencing a Queensland driver licence to 16
be in the form of a card or something similar approved 17
by the chief executive and on which information may be 18
stored electronically; 19
(b) a PIN to be used by the holder of a Queensland driver 20
licence as a security measure to protect information 21
stored electronically on a document evidencing the 22
Queensland driver licence. 23
`150BA Regulating form of prescribed authority other than 24
Queensland driver licence 25
`(1) A regulation may provide for the form of a relevant prescribed 26
authority, including the information to be included on a 27
relevant prescribed authority. 28
`(2) Without limiting subsection (1), a regulation may provide for 29
the following-- 30
(a) a document evidencing a relevant prescribed authority; 31
(b) a document evidencing a relevant prescribed authority to 32
be in the form of a card or something similar approved 33
Page 115
Transport and Other Legislation Amendment Bill 2010
Chapter 3 Adult Proof of Age Card and New Queensland Driver Licensing amendments
Part 2 Amendment of Transport (New Queensland Driver Licensing) Amendment Act 2008
[s 77]
by the chief executive and on which information may be 1
stored electronically; 2
(c) a PIN to be used by the holder of a relevant prescribed 3
authority as a security measure to protect information 4
stored electronically on a document evidencing the 5
relevant prescribed authority. 6
`(3) Also, without limiting subsection (1), a regulation may 7
provide that-- 8
(a) a document evidencing a relevant prescribed authority 9
may include on it information about another transport 10
authority held by the person under a prescribed transport 11
Act, if allowed under that Act; or 12
(b) information about a relevant prescribed authority may 13
be included on another transport authority. 14
Note-- 15
See also the Transport Planning and Coordination Act 1994, section 16
36G for smartcard transport authorities. 17
`(4) In this section-- 18
prescribed transport Act means-- 19
(a) the Tow Truck Act 1973; or 20
(b) the Transport Operations (Passenger Transport) Act 21
1994; or 22
(c) this Act. 23
relevant prescribed authority means a prescribed authority 24
other than a Queensland driver licence. 25
transport authority means-- 26
(a) a driver's certificate or an assistant's certificate under 27
the Tow Truck Act 1973; or 28
(b) driver authorisation under the Transport Operations 29
(Passenger Transport) Act 1994; or 30
(c) a prescribed authority (other than a Queensland driver 31
licence).'.'. 32
Page 116
Transport and Other Legislation Amendment Bill 2010
Chapter 3 Adult Proof of Age Card and New Queensland Driver Licensing amendments
Part 2 Amendment of Transport (New Queensland Driver Licensing) Amendment Act 2008
[s 78]
Editor's note-- 1
Legislation ultimately amended-- 2
· Transport Operations (Road Use Management) Act 1994 3
Clause 78 Amendment of s 31 (Amendment of sch 4 (Dictionary)) 4
(1) Section 31(1), inserted definitions-- 5
insert-- 6
`shelf life, of a digital photo and digitised signature, means 10 7
years after the photo and signature are taken. 8
smartcard authority means a prescribed authority in the form 9
provided for under section 150BA(2)(b).'. 10
(2) Section 31(1), inserted definitions most recent digital photo 11
and most recent digitised signature, paragraph (a)(i), `this 12
Act'-- 13
omit, insert-- 14
`section 91A'. 15
(3) Section 31(1), inserted definition prescribed authority, 16
paragraph (c) and editor's note-- 17
omit, insert-- 18
`(c) a dangerous goods driver licence as defined under the 19
dangerous goods regulation.'. 20
(4) Section 31(1), inserted definition smartcard driver licence, 21
`150A(3)'-- 22
omit, insert-- 23
`150A(3)(a)'. 24
Editor's note-- 25
Subsections (1) to (4), legislation ultimately amended-- 26
· Transport Operations (Road Use Management) Act 1995 27
Page 117
Transport and Other Legislation Amendment Bill 2010
Chapter 3 Adult Proof of Age Card and New Queensland Driver Licensing amendments
Part 3 Amendment of Transport Operations (Marine Safety) Act 1994
[s 79]
Part 3 Amendment of Transport 1
Operations (Marine Safety) Act 2
1994 3
Clause 79 Act amended 4
This part amends the Transport Operations (Marine Safety) 5
Act 1994. 6
Clause 80 Insertion of new s 62A 7
After section 62-- 8
insert-- 9
`62A When licence is void 10
`A licence obtained by a false statement or misrepresentation 11
is void.'. 12
Clause 81 Amendment of s 63 (Cancellation, suspension and 13
amendment of licences) 14
Section 63, after `amend a licence'-- 15
insert-- 16
`or marine licence indicator'. 17
Clause 82 Amendment of s 202C (Licence cancelled when order 18
made under s 202A) 19
Section 202C(2), after `person's licence'-- 20
insert-- 21
`or marine licence indicator'. 22
Clause 83 Amendment of s 202K (Variation of restrictions) 23
Section 202K(8)(b)-- 24
Page 118
Transport and Other Legislation Amendment Bill 2010
Chapter 4 Other amendments
Part 1 Amendment of Transport Infrastructure Act 1994
[s 84]
omit, insert-- 1
`(b) the restricted licence to which the variation order relates 2
and, if the holder of the restricted licence has a marine 3
licence indicator, the holder's marine licence indicator;'. 4
Chapter 4 Other amendments 5
Part 1 Amendment of Transport 6
Infrastructure Act 1994 7
Clause 84 Act amended in part and schedule 8
This part and the schedule, part 1 amend the Transport 9
Infrastructure Act 1994. 10
Clause 85 Amendment of s 84C (Effect on land of State toll road 11
corridor land declaration) 12
Section 84C(4), `Governor in Council'-- 13
omit, insert-- 14
`Minister administering the Land Act 1994'. 15
Clause 86 Amendment of s 105J (Effect on land of local government 16
tollway corridor land declaration) 17
Section 105J(4), `Governor in Council'-- 18
omit, insert-- 19
`Minister administering the Land Act 1994'. 20
Clause 87 Amendment of s 480 (Disposal of fees, penalties etc.) 21
(1) Section 480(3) to (8)-- 22
Page 119
Transport and Other Legislation Amendment Bill 2010
Chapter 4 Other amendments
Part 1 Amendment of Transport Infrastructure Act 1994
[s 87]
renumber as section 480(5) to (10). 1
(2) Section 480-- 2
insert-- 3
`(3) Penalties received or recovered in relation to a local 4
government's tolling enforcement by an entity other than the 5
local government are to be paid to the local government. 6
`(4) Penalties received or recovered by a local government in 7
relation to the local government's tolling enforcement may be 8
retained by the local government.'. 9
(3) Section 480(10), as renumbered-- 10
insert-- 11
`local government tollway see section 105GA(5). 12
relevant tolling offence means an offence against section 13
105ZH(3), 105ZJ(4) or 105ZK(3). 14
tolling enforcement, in relation to a local government, means 15
enforcement of a relevant tolling offence committed in 16
relation to a local government tollway in the local 17
government's area and started by-- 18
(a) an infringement notice served under the State Penalties 19
Enforcement Act 1999; or 20
(b) complaint and summons served under the Justices Act 21
1886.'. 22
Page 120
Transport and Other Legislation Amendment Bill 2010
Chapter 4 Other amendments
Part 2 Amendment of Transport Operations (Marine Pollution) Act 1995
[s 88]
Part 2 Amendment of Transport 1
Operations (Marine Pollution) 2
Act 1995 3
Clause 88 Act amended in part and schedule 4
This part and the schedule, part 1 amend the Transport 5
Operations (Marine Pollution) Act 1995. 6
Clause 89 Amendment of s 45 (Definitions for pt 7) 7
Section 45, definition discharge offence, `or (3)'-- 8
omit, insert-- 9
`, (3) or (4)'. 10
Clause 89A Amendment of s 47 (Discharge of untreated sewage into 11
nil discharge waters for untreated sewage prohibited) 12
Section 47-- 13
insert-- 14
`(4) In this section-- 15
ship does not include-- 16
(a) a declared ship under section 49; or 17
(b) a prescribed ship under section 50A.'. 18
Clause 89B Amendment of s 48 (Discharge of treated sewage into nil 19
discharge waters for treated sewage prohibited) 20
Section 48-- 21
insert-- 22
`(4) In this section-- 23
ship does not include-- 24
Page 121
Transport and Other Legislation Amendment Bill 2010
Chapter 4 Other amendments
Part 2 Amendment of Transport Operations (Marine Pollution) Act 1995
[s 89C]
(a) a declared ship under section 49; or 1
(b) a prescribed ship under section 50A.'. 2
Clause 89C Amendment of s 48A (Ship with fixed toilet operating in 3
prescribed nil discharge waters to be able to hold or treat 4
sewage) 5
(1) Section 48A(1) and (2), `section 48A ship'-- 6
omit, insert-- 7
`ship'. 8
(2) Section 48A(4), definition section 48A ship-- 9
omit, insert-- 10
`ship-- 11
(a) means a ship that has a fixed toilet; and 12
(b) does not include-- 13
(i) a declared ship under section 49; or 14
(ii) a prescribed ship under section 50A.'. 15
Clause 90 Amendment of s 50A (Discharge of sewage by prescribed 16
ships) 17
(1) Section 50A(2), `prohibited untreated sewage discharge'-- 18
omit, insert-- 19
`coastal'. 20
(2) Section 50A-- 21
insert-- 22
`(2A) If treated sewage is discharged from a prescribed ship into 23
prohibited discharge waters, each culpable person for the 24
discharge commits an offence. 25
Maximum penalty--850 penalty units.'. 26
(3) Section 50A(3), `prohibited treated sewage discharge'-- 27
Page 122
Transport and Other Legislation Amendment Bill 2010
Chapter 4 Other amendments
Part 2 Amendment of Transport Operations (Marine Pollution) Act 1995
[s 91]
omit, insert-- 1
`coastal'. 2
(4) Section 50A(3)(a)-- 3
omit, insert-- 4
`(a) the ship is operating a sewage treatment plant approved 5
by the IMO; 6
Note-- 7
Information on sewage treatment plants is available from MSQ, 8
the Australian Maritime Safety Authority or the IMO's website 9
for the Global Integrated Shipping Information System at 10
.'. 11
(5) Section 50A(4), `and (3)'-- 12
omit, insert-- 13
`, (3) and (4)'. 14
(6) Section 50A(5)-- 15
omit, insert-- 16
`(5) In this section-- 17
prescribed ship means a ship engaged in an international 18
voyage-- 19
(a) with a gross tonnage of at least 400; or 20
(b) with a gross tonnage of less than 400 and certified to 21
carry more than 15 persons. 22
Note-- 23
See Annex IV to MARPOL, chapter 1, regulation 2.'. 24
(7) Section 50A(2A) to (5)-- 25
renumber as section 50A(3) to (6). 26
Clause 91 Amendment of s 55AA (Placard about garbage disposal 27
requirements) 28
Section 55AA(1), penalty, `850'-- 29
Page 123
Transport and Other Legislation Amendment Bill 2010
Chapter 4 Other amendments
Part 2 Amendment of Transport Operations (Marine Pollution) Act 1995
[s 92]
omit, insert-- 1
`20'. 2
Clause 92 Amendment of s 97 (Definitions for division) 3
Section 97, definition Australian Maritime Safety Authority-- 4
omit. 5
Clause 93 Insertion of new pt 17, div 5 6
After section 158-- 7
insert-- 8
`Division 5 Transitional provision for Transport 9
and Other Legislation Amendment 10
Act 2010 11
`159 Amendment of regulation by Transport and Other 12
Legislation Amendment Act 2010 does not affect 13
powers of Governor in Council 14
`The amendment of the Transport Operations (Marine 15
Pollution) Regulation 2008 by the Transport and Other 16
Legislation Amendment Act 2010 does not affect the power of 17
the Governor in Council to further amend the regulation or to 18
repeal it.'. 19
Clause 94 Amendment of schedule (Dictionary) 20
(1) Schedule, definition Australian Maritime Safety Authority-- 21
omit, insert-- 22
`Australian Maritime Safety Authority means the Australian 23
Maritime Safety Authority established by the Australian 24
Maritime Safety Authority Act 1990 (Cwlth).'. 25
(2) Schedule-- 26
insert-- 27
Page 124
Transport and Other Legislation Amendment Bill 2010
Chapter 4 Other amendments
Part 2 Amendment of Transport Operations (Marine Pollution) Act 1995
[s 94]
`boat harbour means a non-State managed boat harbour or a 1
State managed boat harbour under the Transport 2
Infrastructure (Public Marine Facilities) Regulation 2000. 3
canal see the Coastal Protection and Management Act 1995, 4
section 9. 5
designated area means each of the following areas-- 6
(a) the marine national park zone under the Marine Parks 7
(Moreton Bay) Zoning Plan 2008; 8
(b) the Noosa River; 9
(c) the marine national park zone, under the Marine Parks 10
(Great Sandy) Zoning Plan 2006, located near Burkitt's 11
Reef, Hoffman's Rocks or Barolin Rock, adjacent to the 12
Woongarra Coast; 13
(d) an area within the Great Barrier Reef Coast Marine Park 14
prescribed under a regulation. 15
Great Barrier Reef Coast Marine Park means the marine 16
park described in the Marine Parks (Declaration) Regulation 17
2006, schedule 2. 18
marina means a buoy mooring, jetty or pile mooring or 19
combination of them where, for a fee or reward, a ship is, or 20
may be, anchored, berthed or moored. 21
prohibited discharge waters means waters of any of the 22
following-- 23
(a) a boat harbour; 24
(b) a canal; 25
(c) a marina; 26
(d) a designated area.'. 27
Page 125
Transport and Other Legislation Amendment Bill 2010
Chapter 4 Other amendments
Part 3 Amendment of the Transport Operations (Marine Pollution) Regulation 2008
[s 95]
Part 3 Amendment of the Transport 1
Operations (Marine Pollution) 2
Regulation 2008 3
Clause 95 Regulation amended in part and schedule 4
This part and the schedule, part 1 amend the Transport 5
Operations (Marine Pollution) Regulation 2008. 6
Clause 96 Omission of s 4 (MARPOL) 7
Section 4-- 8
omit. 9
Clause 97 Amendment of s 6 (Meaning of words and expressions in 10
pt 2) 11
Section 6, notes (other than editor's note)-- 12
omit. 13
Clause 98 Amendment of s 9 (Conditions for discharge of oil other 14
than oil from machinery space bilges) 15
(1) Section 9(d), `mentioned in Annex I, regulation 34.1.5'-- 16
omit, insert-- 17
`allowed under the Protection of the Sea (Prevention of 18
Pollution from Ships) Act 1983 (Cwlth), section 9'. 19
(2) Section 9, note-- 20
omit. 21
Clause 99 Amendment of s 16 (Form of oil record book) 22
Section 16, from `must'-- 23
omit, insert-- 24
Page 126
Transport and Other Legislation Amendment Bill 2010
Chapter 4 Other amendments
Part 3 Amendment of the Transport Operations (Marine Pollution) Regulation 2008
[s 100]
`must comply with the requirements for an oil record book 1
under the Protection of the Sea (Prevention of Pollution from 2
Ships) Act 1983 (Cwlth), section 12.'. 3
Clause 100 Amendment of s 34 (Form of cargo record book) 4
Section 34, from `must'-- 5
omit, insert-- 6
`must comply with the requirements for a cargo record book 7
under the Protection of the Sea (Prevention of Pollution from 8
Ships) Act 1983 (Cwlth), section 23.'. 9
Clause 101 Amendment of s 44 (Nil discharge waters for untreated 10
sewage--Act, s 47) 11
Section 44, from `sewage are'-- 12
omit, insert-- 13
`sewage are the coastal waters stated in schedule 3.'. 14
Clause 102 Amendment of s 47 (Nil discharge waters for treated 15
sewage or untreated sewage--Act, s 49) 16
Section 47, from `ship are'-- 17
omit, insert-- 18
`ship are the coastal waters stated in schedule 5.'. 19
Clause 103 Amendment of s 53 (Ship must be fitted with macerator) 20
Section 53(1)(a), editor's note-- 21
omit, insert-- 22
`Note-- 23
See schedules 3 to 5.'. 24
Page 127
Transport and Other Legislation Amendment Bill 2010
Chapter 4 Other amendments
Part 3 Amendment of the Transport Operations (Marine Pollution) Regulation 2008
[s 104]
Clause 104 Amendment of pt 12, div 2, hdg (Analyst's reports and 1
forms) 2
Part 12, division 2, heading, `and forms'-- 3
omit. 4
Clause 105 Insertion of new pt 12, div 3 5
Before section 97-- 6
insert-- 7
`Division 3 Miscellaneous 8
`96A Area prescribed for Act, schedule, definition 9
designated area, paragraph (d) 10
`For the Act, schedule, definition designated area, paragraph 11
(d), the prescribed area within the Great Barrier Reef Coast 12
Marine Park is the area mentioned in schedule 7.'. 13
Clause 106 Omission of sch 1 (MARPOL) 14
Schedule 1-- 15
omit. 16
Clause 107 Amendment of sch 4 (Nil discharge waters for untreated 17
sewage) 18
(1) Schedule 4, part 1-- 19
omit. 20
(2) Schedule 4, part 2, heading-- 21
omit. 22
(3) Schedule 4, items 5 to 9-- 23
renumber as schedule 4, items 1 to 5. 24
Page 128
Transport and Other Legislation Amendment Bill 2010
Chapter 4 Other amendments
Part 3 Amendment of the Transport Operations (Marine Pollution) Regulation 2008
[s 108]
Clause 108 Amendment of sch 6 (Nil discharge waters for treated 1
sewage or untreated sewage from declared ship) 2
(1) Schedule 6, part 1-- 3
omit. 4
(2) Schedule 6, part 2, heading-- 5
omit. 6
(3) Schedule 6, items 5 to 8-- 7
renumber as schedule 6, items 1 to 4. 8
Clause 109 Amendment of sch 8 (Areas within the Great Barrier Reef 9
Coast Marine Park that are designated areas) 10
Schedule 8, heading, from `schedule 9' to `paragraph (d)'-- 11
omit, insert-- 12
`section 96A'. 13
Clause 110 Amendment of sch 9 (Dictionary) 14
Schedule 9, definitions boat harbour, canal, designated area, 15
Great Barrier Reef Coast Marine Park, marina and prohibited 16
discharge waters-- 17
omit. 18
Clause 111 Renumbering of schs 2-9 19
Schedules 2 to 9-- 20
renumber as schedules 1 to 8. 21
Page 129
Transport and Other Legislation Amendment Bill 2010
Chapter 4 Other amendments
Part 4 Amendment of Transport Operations (Marine Safety) Act 1994
[s 112]
Part 4 Amendment of Transport 1
Operations (Marine Safety) Act 2
1994 3
Clause 112 Act amended 4
This part amends the Transport Operations (Marine Safety) 5
Act 1994. 6
Clause 113 Amendment of s 201 (Evidentiary provisions) 7
Section 201-- 8
insert-- 9
`(9) A statement in a complaint for an offence against this Act that 10
a person is or is not, or was or was not, at any time or date 11
stated in the complaint of, under or over a stated age is 12
evidence of the matter stated, and in the absence of evidence 13
to the contrary is conclusive evidence of the matter.'. 14
Part 5 Amendment of Transport 15
Operations (Passenger 16
Transport) Act 1994 17
Division 1 Preliminary 18
Clause 114 Act amended in part and schedule 19
This part and the schedule, part 1 amend the Transport 20
Operations (Passenger Transport) Act 1994. 21
Page 130
Transport and Other Legislation Amendment Bill 2010
Chapter 4 Other amendments
Part 5 Amendment of Transport Operations (Passenger Transport) Act 1994
[s 115]
Division 2 Amendment of provisions relocated 1
from Transport Operations 2
(TransLink Transit Authority) Act 3
2008 4
Clause 115 Amendment of s 67B (Declaration of special event) 5
Section 67B(4), `mass transit'-- 6
omit, insert-- 7
`scheduled passenger'. 8
Clause 116 Amendment of s 67C (Coordination power for mass 9
transit services to special events) 10
Section 67C, `mass transit'-- 11
omit, insert-- 12
`scheduled passenger'. 13
Clause 117 Amendment of s 67D (TransLink approval required for 14
special event services) 15
(1) Section 67D(1), note-- 16
omit. 17
(2) Section 67D(1), `mass transit'-- 18
omit, insert-- 19
`scheduled passenger'. 20
Clause 118 Amendment of s 67E (Special event approvals) 21
(1) Section 67E(1), `section 49(1)'-- 22
omit, insert-- 23
`section 67D(1)'. 24
(2) Section 67E, `mass transit'-- 25
Page 131
Transport and Other Legislation Amendment Bill 2010
Chapter 4 Other amendments
Part 5 Amendment of Transport Operations (Passenger Transport) Act 1994
[s 119]
omit, insert-- 1
`scheduled passenger'. 2
Division 3 Other amendments 3
Clause 119 Insertion of new ch 6, pt 4 4
Chapter 6-- 5
insert-- 6
`Part 4 Special events 7
`Division 1 Special events in TransLink area 8
`Division 2 Special events in non-TransLink 9
area 10
`67F Declaration of special event 11
`(1) The chief executive may declare that an event to be carried out 12
in a non-TransLink area is a special event (a special event 13
declaration). 14
`(2) A special event declaration may be for a stated event or all 15
events, or all events of a stated type, to be carried out at a 16
stated place. 17
`(3) A special event declaration may be made only if the chief 18
executive considers that-- 19
(a) there will be at least 5000 participants or spectators at 20
the event or events the subject of the declaration; and 21
(b) either-- 22
(i) significant road closures or bus stop relocations are 23
likely to be part of the management of transport to 24
or from the event or events; or 25
Page 132
Transport and Other Legislation Amendment Bill 2010
Chapter 4 Other amendments
Part 5 Amendment of Transport Operations (Passenger Transport) Act 1994
[s 119]
(ii) the provision of transport services to or from the 1
event or events is likely to rely on an increased use 2
of vehicles or other facilitates funded by the chief 3
executive. 4
`(4) For subsection (3)(b)(i), a road closure or bus stop relocation 5
is significant if it is likely to affect the provision of scheduled 6
passenger services generally in the non-TransLink area. 7
`(5) A special event declaration is sufficiently made if the chief 8
executive publishes the declaration on the department's 9
website or in a newspaper circulating in the non-TransLink 10
area. 11
Editor's note-- 12
At the commencement of this section, the department's website is 13
. 14
`67G Coordination power for scheduled passenger 15
services to special events 16
`The chief executive may coordinate the provision of 17
scheduled passenger services to and from a special event in a 18
non-TransLink area. 19
`67H Chief executive's approval required for special event 20
services 21
`(1) A person must not enter into or perform a contract or 22
arrangement for the provision of scheduled passenger services 23
to or from a special event in a non-TransLink area without the 24
chief executive's written approval. 25
Maximum penalty--200 penalty units. 26
Note-- 27
See however section 187 (Deferral of application of s 67H for particular 28
contracts and arrangements for special event services). 29
`(2) A contract or arrangement made or entered into in 30
contravention of subsection (1) has no effect to the extent of 31
the contravention. 32
Page 133
Transport and Other Legislation Amendment Bill 2010
Chapter 4 Other amendments
Part 5 Amendment of Transport Operations (Passenger Transport) Act 1994
[s 120]
`67I Special event approvals 1
`(1) An approval by the chief executive under section 67G(1) (a 2
special event approval) may-- 3
(a) be given on the chief executive's own initiative; and 4
(b) be given for a specific scheduled passenger service to or 5
from a special event or generally for a stated type of 6
scheduled passenger service to or from a special event. 7
`(2) A special event approval is sufficiently given if the chief 8
executive publishes the approval on the department's website 9
or in a newspaper circulating in the non-TransLink area. 10
`(3) The chief executive may impose conditions on the giving of a 11
special event approval. 12
`(4) The conditions may include a requirement that, before the 13
special event approval applies to a person, the person must 14
pay the chief executive a contribution to the chief executive's 15
costs of coordinating the relevant scheduled passenger 16
services.'. 17
Clause 120 Amendment of s 113D (Transit officer must not be under 18
the influence of alcohol or drugs) 19
Section 113D(1)(b), after `officer's'-- 20
insert-- 21
`saliva or'. 22
Clause 121 Amendment of s 113G (Revocation of appointment of 23
transit officer) 24
(1) Section 113G(1)(b)(iv), `urine'-- 25
omit, insert-- 26
`saliva or urine'. 27
(2) Section 113G(2), after `breath'-- 28
Page 134
Transport and Other Legislation Amendment Bill 2010
Chapter 4 Other amendments
Part 5 Amendment of Transport Operations (Passenger Transport) Act 1994
[s 122]
insert-- 1
`, saliva'. 2
Clause 122 Replacement of ss 116 and 117 3
Sections 116 and 117-- 4
omit, insert-- 5
`116 Chief executive may require transit officer to undergo 6
alcohol test or drug test 7
`(1) The chief executive may, by written notice, require a transit 8
officer to submit to an alcohol test or drug test if-- 9
(a) the officer has been involved in an incident in which a 10
person being detained under part 4A by the officer 11
suffers a physical injury; or 12
(b) the chief executive reasonably suspects the officer is 13
contravening, or has contravened, section 113D(1). 14
Note-- 15
If a person appointed as a transit officer is asked to provide a specimen 16
of breath for an alcohol test, or specimen of saliva or urine for a drug 17
test, under this section and the person fails to provide the specimen, the 18
person's appointment may be revoked under section 113G. 19
`(2) An alcohol test, or drug test, of a transit officer conducted 20
under this section must be conducted by a relevant entity. 21
`(3) A regulation may provide for requirements about notifying a 22
transit officer of the results of an alcohol test or drug test 23
conducted on the officer under this section. 24
`(4) In this section-- 25
alcohol test, of a transit officer, means a test of the breath of 26
the officer for deciding whether the officer is over the low 27
alcohol limit within the meaning of section 113D(2). 28
drug test, of a transit officer, means a test of the saliva or urine 29
of the officer for deciding whether the saliva or urine has 30
evidence of a dangerous drug, or prescribed substance, as 31
defined under section 113D(5). 32
Page 135
Transport and Other Legislation Amendment Bill 2010
Chapter 4 Other amendments
Part 5 Amendment of Transport Operations (Passenger Transport) Act 1994
[s 123]
relevant entity means an entity the chief executive engages to 1
conduct alcohol tests, or drug tests, of transit officers under 2
this section.'. 3
Clause 123 Amendment of s 129ZD (Amendment or revocation of 4
exclusion order generally) 5
Section 129ZD(8), definition prosecuting authority-- 6
omit, insert-- 7
`prosecuting authority means-- 8
(a) if the prosecutor who appeared before the court when 9
the exclusion order was made was a Crown 10
prosecutor--the director of public prosecutions, or 11
someone authorised to accept the application on the 12
director's behalf; or 13
(b) if the prosecutor who appeared before the court when 14
the exclusion order was made was someone other than a 15
Crown prosecutor--the commissioner of the police 16
service, or someone authorised to accept the application 17
on the commissioner's behalf.'. 18
Clause 124 Insertion of new ch 13, pt 9 19
Chapter 13-- 20
insert-- 21
Page 136
Transport and Other Legislation Amendment Bill 2010
Chapter 4 Other amendments
Part 5 Amendment of Transport Operations (Passenger Transport) Act 1994
[s 124]
`Part 9 Transitional provisions for 1
Transport and Other 2
Legislation Amendment Act 3
2010 4
`Division 1 Provisions for relocated provisions 5
`184 Relocation of TransLink Act provisions 6
`(1) To remove any doubt, it is declared that the relocated 7
provisions were not re-enacted by the Transport and Other 8
Legislation Amendment Act 2010, but merely moved (without 9
re-enactment) to this Act. 10
`(2) Without limiting subsection (1) and to further remove any 11
doubt, it is also declared that the relocation did not-- 12
(a) impliedly repeal or amend, or otherwise affect the 13
operation of, the existing provisions of this Act, the 14
relocated provisions or the provisions of any other law; 15
or 16
(b) affect the meaning or effect that the existing or relocated 17
provisions, or the provisions of the other law, had 18
because of the respective times when they were enacted. 19
`(3) However, definitions in this Act apply to all provisions of this 20
Act. 21
`(4) In an Act or document, a reference to a provision of the 22
TransLink Act that is relocated to this Act by the Transport 23
and Other Legislation Amendment Act 2010 may, if the 24
context permits, be taken to be a reference to the relocated 25
provision in this Act. 26
`(5) In this section-- 27
relocated provision means a provision of the TransLink Act 28
that is relocated to this Act by the Transport and Other 29
Legislation Amendment Act 2010, section 132. 30
Page 137
Transport and Other Legislation Amendment Bill 2010
Chapter 4 Other amendments
Part 5 Amendment of Transport Operations (Passenger Transport) Act 1994
[s 124]
TransLink Act means the Transport Operations (TransLink 1
Transit Authority) Act 2008. 2
`Division 2 Other provisions 3
`185 Provision for s 67B 4
`(1) A declaration made under the previous declaration provision 5
and in effect immediately before the commencement has 6
effect on and from the commencement as if it were a 7
declaration made under section 67B. 8
`(2) In this section-- 9
commencement means the commencement of this section. 10
previous declaration provision means the Transport 11
Operations (TransLink Transit Authority) Act 2008, section 47 12
as in force before the commencement. 13
`186 Provision for s 67D 14
`(1) A written approval given under the previous approval 15
provision and in effect immediately before the 16
commencement has effect on and from the commencement as 17
if it were an approval given under section 67D. 18
`(2) In this section-- 19
commencement means the commencement of this section. 20
previous approval provision means the Transport Operations 21
(TransLink Transit Authority) Act 2008, section 49 as in force 22
before the commencement. 23
Page 138
Transport and Other Legislation Amendment Bill 2010
Chapter 4 Other amendments
Part 5 Amendment of Transport Operations (Passenger Transport) Act 1994
[s 125]
`187 Deferral of application of s 67H for particular 1
contracts and arrangements for special event 2
services 3
`(1) This section applies to a contract or arrangement made or 4
entered into in relation to a non-TransLink area before section 5
67H commences. 6
`(2) Section 67H does not apply to the performance of the contract 7
or arrangement until the first anniversary of the 8
commencement of this section.'. 9
Clause 125 Amendment of sch 3 (Dictionary) 10
Schedule 3-- 11
insert-- 12
`non-TransLink area means an area other than a TransLink 13
area. 14
special event means-- 15
(a) for chapter 6, part 4, division 1--an event the subject of 16
a declaration under section 67B; or 17
(b) for chapter 6, part 4, division 2--an event the subject of 18
a declaration under section 67F. 19
TransLink means the TransLink Transit Authority established 20
under the Transport Operations (TransLink Transit Authority) 21
Act 2008, section 9.'. 22
Page 139
Transport and Other Legislation Amendment Bill 2010
Chapter 4 Other amendments
Part 6 Amendment of Transport Operations (Road Use Management) Act 1995
[s 126]
Part 6 Amendment of Transport 1
Operations (Road Use 2
Management) Act 1995 3
Clause 126 Act amended 4
This part amends the Transport Operations (Road Use 5
Management) Act 1995. 6
Clause 127 Amendment of s 66 (Local laws etc.) 7
(1) Section 66(3)(g), `paragraph (f)'-- 8
omit, insert-- 9
`paragraph (h)'. 10
(2) Section 66(3)(aa) to (h)-- 11
renumber as section 66(3)(b) to (j). 12
(3) Section 66(3)-- 13
insert-- 14
`(k) the regulation of vehicle access to a public place that is a 15
local government controlled area.'. 16
(4) Section 66(5), `(3)'-- 17
omit, insert-- 18
`(3)(a) to (j)'. 19
(5) Section 66(6), `(d)'-- 20
omit, insert-- 21
`(f)'. 22
Clause 128 Replacement of s 133 (Occupiers of garages etc. to keep 23
register of repairs) 24
Section 133-- 25
Page 140
Transport and Other Legislation Amendment Bill 2010
Chapter 4 Other amendments
Part 6 Amendment of Transport Operations (Road Use Management) Act 1995
[s 128]
omit, insert-- 1
`133 Business owner to make record about repairs 2
`(1) A person who operates a business that includes the repair of 3
motor vehicles (the business owner) must make a record of 4
the following information for each motor vehicle to which the 5
business owner or an employee of the business owner makes a 6
repair-- 7
(a) the make, model and engine number of the vehicle; 8
(b) the chassis number or VIN of the vehicle; 9
(c) the registration number displayed on the vehicle's 10
number plate, if any; 11
(d) the colour of the vehicle-- 12
(i) before the repair; and 13
(ii) after the repair (if different); 14
(e) the name and contact details of-- 15
(i) the owner of the vehicle; and 16
(ii) the person who delivers or gives access to the 17
vehicle for repair (if different from the owner); 18
(f) the date and time the owner or a person mentioned in 19
paragraph (e)(ii) delivers or gives access to the vehicle 20
for repair; 21
(g) the nature of the repair; 22
(h) if a person, while the vehicle is received for repair, 23
drives the vehicle on a road outside the business 24
premises where the repairs are being made-- 25
(i) the name and contact details of the person; and 26
(ii) the date and time when the person started and 27
ended driving the vehicle; 28
Example for paragraph (h)-- 29
If an employee of the business owner takes the vehicle for a test 30
drive, the employee's name, contact details and the date and time 31
Page 141
Transport and Other Legislation Amendment Bill 2010
Chapter 4 Other amendments
Part 6 Amendment of Transport Operations (Road Use Management) Act 1995
[s 128]
when the employee started and ended driving the vehicle must 1
be recorded. 2
(i) if a part for the repair of the vehicle is supplied by the 3
owner of the vehicle, the owner's agent, or a person 4
mentioned in paragraph (e)(ii)-- 5
(i) the details of the part; and 6
(ii) the name and contact details of the person who 7
supplied the part; 8
(j) any other information prescribed under a regulation. 9
Maximum penalty--40 penalty units or 6 months 10
imprisonment. 11
`(2) The record mentioned in subsection (1) must also include the 12
business owner's name and business address. 13
`(3) The business owner must make the record mentioned in 14
subsection (1) before the vehicle is returned to the owner or 15
the owner's agent. 16
`(4) The business owner must keep the record mentioned in 17
subsection (1) for 3 years after the day the repair mentioned in 18
the record is carried out. 19
Maximum penalty--40 penalty units or 6 months 20
imprisonment. 21
`(5) A person must not state, or cause or allow to be stated, 22
anything in a record required to be kept under subsection (1) 23
that the person knows, or ought reasonably to know, is false or 24
misleading in a material particular. 25
Maximum penalty--40 penalty units or 6 months 26
imprisonment. 27
`(6) It is enough for a complaint against a person for an offence 28
against subsection (5) to state that the statement made was 29
false or misleading to the person's knowledge. 30
`(7) In this section-- 31
contact details, of a person, means the person's address or 32
telephone number. 33
Page 142
Transport and Other Legislation Amendment Bill 2010
Chapter 4 Other amendments
Part 6 Amendment of Transport Operations (Road Use Management) Act 1995
[s 129]
employee includes agent or contractor. 1
repair, a motor vehicle, includes-- 2
(a) alter or modify the vehicle so as to change the vehicle's 3
description or appearance; and 4
Examples-- 5
· painting a motor vehicle 6
· fitting a spoiler to a motor vehicle 7
(b) replace a part of the vehicle whether or not the 8
replacement is required because of damage, a collision, 9
wear and tear, deterioration or any other reason.'. 10
Clause 129 Insertion of new ch 7, pt 15 11
Chapter 7-- 12
insert-- 13
`Part 15 Transitional provisions for 14
Transport and Other 15
Legislation Amendment Act 16
2010 17
`221 Declaration for s 66(3)(k) 18
`(1) This section applies to-- 19
(a) a local law relating to the regulation of vehicle access to 20
a public place that is a local government controlled area 21
made before the commencement; and 22
(b) any enforcement action taken in reliance on the local 23
law before the commencement. 24
`(2) To remove any doubt, it is declared that-- 25
(a) the local law is as valid, and is taken always to have 26
been as valid, as if it were made after the 27
commencement; and 28
Page 143
Transport and Other Legislation Amendment Bill 2010
Chapter 4 Other amendments
Part 7 Amendment of Transport Operations (TransLink Transit Authority) Act 2008
[s 130]
(b) the enforcement action is as valid, and is taken always to 1
have been as valid, as if it were taken after the 2
commencement. 3
`(3) In this section-- 4
commencement means the commencement of section 5
66(3)(k).'. 6
Clause 130 Amendment of sch 4 (Dictionary) 7
Schedule 4-- 8
insert-- 9
`local government controlled area means land or 10
infrastructure owned, held in trust or otherwise controlled by a 11
local government.'. 12
Part 7 Amendment of Transport 13
Operations (TransLink Transit 14
Authority) Act 2008 15
Clause 131 Act amended 16
This part amends the Transport Operations (TransLink Transit 17
Authority) Act 2008. 18
Clause 132 Relocation of ss 47-50 19
Sections 47 to 50-- 20
relocate to the Transport Operations (Passenger Transport) 21
Act 1994 and in that Act, insert and renumber, in chapter 6, 22
part 4, division 1, as sections 67B to 67E. 23
Page 144
Transport and Other Legislation Amendment Bill 2010
Chapter 4 Other amendments
Part 8 Amendment of Transport Planning and Coordination Act 1994
[s 133]
Clause 133 Omission of pt 7, hdg (Special events) 1
Part 7, heading-- 2
omit. 3
Clause 134 Omission of s 57 (Deferral of application of s 49 for 4
particular contracts and arrangements for special event 5
services) 6
Section 57-- 7
omit. 8
Clause 135 Amendment of sch 2 (Dictionary) 9
Schedule 2, definition special event-- 10
omit. 11
Part 8 Amendment of Transport 12
Planning and Coordination Act 13
1994 14
Clause 136 Act amended in part and schedule 15
This part and the schedule, part 1 amend the Transport 16
Planning and Coordination Act 1994. 17
Clause 137 Insertion of new ss 36F and 36G 18
After section 36E-- 19
insert-- 20
Page 145
Transport and Other Legislation Amendment Bill 2010
Chapter 4 Other amendments
Part 8 Amendment of Transport Planning and Coordination Act 1994
[s 137]
`36F Keeping and using information obtained or kept 1
under particular transport Acts or Adult Proof of Age 2
Card Act 2008 3
`(1) The chief executive may, for a particular transport Act, keep 4
or use information obtained or kept under another particular 5
transport Act or the Adult Proof of Age Card Act 2008 if the 6
information-- 7
(a) relates to any matter under the particular transport Act; 8
or 9
(b) concerns the administration of the particular transport 10
Act. 11
`(2) The general manager under the Maritime Safety Queensland 12
Act 2002 may, for the Transport Operations (Marine Safety) 13
Act 1994, keep or use information obtained or kept under 14
another particular transport Act or the Adult Proof of Age 15
Card Act 2008 if the information-- 16
(a) relates to any matter under the Transport Operations 17
(Marine Safety) Act 1994; or 18
(b) concerns the administration of the Transport Operations 19
(Marine Safety) Act 1994. 20
`(3) Information that may be kept or used under subsection (1) or 21
(2) does not include a digital photo and digitised signature. 22
`(4) This section applies despite a provision of another Act. 23
`(5) In this section-- 24
digital photo means a facial image encoded in a digital form. 25
digitised signature means a person's signature encoded in a 26
digital image form. 27
particular transport Act means-- 28
(a) the Tow Truck Act 1973; or 29
(b) the Transport Infrastructure Act 1994; or 30
(c) the Transport Operations (Marine Safety) Act 1994; or 31
Page 146
Transport and Other Legislation Amendment Bill 2010
Chapter 4 Other amendments
Part 8 Amendment of Transport Planning and Coordination Act 1994
[s 137]
(d) the Transport Operations (Passenger Transport) Act 1
1994; or 2
(e) the Transport Operations (Road Use Management) Act 3
1995; or 4
(f) the Transport Security (Counter-Terrorism) Act 2008. 5
`36G Smartcard transport authority 6
`(1) The chief executive may issue to a person a smartcard 7
(smartcard transport authority) evidencing 1 or more 8
transport authorities held by the person and containing 9
information about the authorities. 10
`(2) A regulation may provide for the following-- 11
(a) information that may be included on the smartcard; 12
(b) a PIN to be used by the holder of the smartcard as a 13
security measure to protect information stored 14
electronically on it; 15
(c) verification of a person's connection to the person's 16
most recent digital photo relating to a smartcard 17
transport authority. 18
`(3) In this section-- 19
smartcard means a document in the form of a card or 20
something similar approved by the chief executive, and on 21
which information may be stored electronically. 22
transport authority means-- 23
(a) a driver's certificate or an assistant's certificate under 24
the Tow Truck Act 1973; or 25
(b) driver authorisation under the Transport Operations 26
(Passenger Transport) Act 1994; or 27
(c) a prescribed authority (other than a Queensland driver 28
licence) under the Transport Operations (Road Use 29
Management) Act 1995.'. 30
Page 147
Transport and Other Legislation Amendment Bill 2010
Chapter 4 Other amendments
Part 9 Minor and consequential amendments
[s 138]
Part 9 Minor and consequential 1
amendments 2
Clause 138 Acts amended in schedule 3
(1) The schedule amends the Acts it mentions. 4
(2) However, subsection (1) does not apply in relation to a 5
particular Act if another provision of this Act states that the 6
schedule amends the particular Act. 7
Page 148
Transport and Other Legislation Amendment Bill 2010
Schedule
Schedule Acts amended 1
sections 3, 84, 88, 95, 114, 136 and 138 2
Part 1 Amendments commencing on 3
date of assent 4
Acts Interpretation Act 1954 5
1 Section 27A(3D)-- 6
insert-- 7
`Example-- 8
Under an Act an evidentiary certificate purporting to be signed by an 9
office holder is evidence of the content in any proceeding (the 10
facilitation provision). The Act confers a general power of delegation 11
on the office holder. The office holder uses the power to delegate the 12
function of issuing the certificate to someone else. Under subsections 13
(3C) and (3D) (and (6) and (7)), the facilitation provision is taken to 14
provide for the certificate purporting to be signed by the delegate as 15
having been signed by the delegator.'. 16
Maritime Safety Queensland Act 2002 17
1 Section 13, `financial-institution'-- 18
omit, insert-- 19
`financial institution'. 20
Page 149
Transport and Other Legislation Amendment Bill 2010
Schedule
Transport Infrastructure Act 1994 1
1 Section 282H(5), definition standard, paragraph (a), 2
`appendix'-- 3
omit, insert-- 4
`group'. 5
2 Section 287A(1), `Integrated Planning Act 1997'-- 6
omit, insert-- 7
`Sustainable Planning Act 2009'. 8
3 Section 287A(4), from `Integrated'-- 9
omit, insert-- 10
`Sustainable Planning Act 2009, section 282 and chapter 6, 11
part 5, division 2.'. 12
4 Section 287B, `Integrated Planning Act 1997'-- 13
omit, insert-- 14
`Sustainable Planning Act 2009'. 15
5 Section 294(3), `146 and 147'-- 16
omit, insert-- 17
`124 and 125'. 18
6 Section 294(3), `168 to 175'-- 19
omit, insert-- 20
`146 to 153'. 21
Page 150
Transport and Other Legislation Amendment Bill 2010
Schedule
7 Section 326(1)(b), `owing'-- 1
omit, insert-- 2
`owning'. 3
8 Sections 553(3) and 554(2), definition prescribed 4
development application, `Integrated Planning Act 5
1997'-- 6
omit, insert-- 7
`repealed Integrated Planning Act 1997 or the Sustainable 8
Planning Act 2009'. 9
9 Schedule 3, column 1, rows 2 and 3-- 10
insert-- 11
`33'. 12
10 Schedule 6, definition transport, first occurrence-- 13
omit. 14
11 Schedule 6-- 15
insert-- 16
`establishment, for-- 17
(a) chapter 9, part 4, division 6--see section 330; or 18
(b) chapter 10, part 4, division 5--see section 378. 19
permitted road access location, for chapter 6, part 5, division 20
2, subdivision 2, see section 53.'. 21
12 Schedule 6, definition public marine facility, examples, 1 22
and 2-- 23
renumber as dot points. 24
Page 151
Transport and Other Legislation Amendment Bill 2010
Schedule
Transport Legislation Amendment Act 2007 1
1 Section 31-- 2
omit, insert-- 3
`31 Amendment of sch 2 (Reviewable decisions) 4
`Schedule 2-- 5
insert-- 6
`80J(1) amendment of the conditions of a peak demand taxi permit
80L suspension or cancellation of a peak demand taxi permit'.'.
Editor's note-- 7
Legislation ultimately amended-- 8
· Transport Operations (Passenger Transport) Act 1994 9
Transport Operations (Marine Pollution) Act 1995 10
1 Section 7(1)(a), from `chapter'-- 11
omit, insert-- 12
`chapter 8; or'. 13
2 Section 10(4), footnote-- 14
omit, insert-- 15
`Note-- 16
See section 6 for the precise meaning of MARPOL for this Act.'. 17
3 Section 11(4), from `waters'-- 18
omit, insert-- 19
`waters in this Act. 20
Page 152
Transport and Other Legislation Amendment Bill 2010
Schedule
Note-- 1
See the dictionary in the schedule for the precise meaning of coastal 2
waters for this Act.'. 3
4 Section 14(2), footnote-- 4
omit, insert-- 5
`Note-- 6
See, for example, the Environmental Protection Act 1994.'. 7
5 Section 26(2), footnote-- 8
omit, insert-- 9
`Note-- 10
The Criminal Code, section 23 deals with a person's criminal 11
responsibility for an act or omission that happens independently of the 12
person's will or for an event which is accidental. The Criminal Code, 13
section 24 deals with a person's criminal responsibility for an act or 14
omission done under an honest and reasonable, but mistaken, belief in 15
the state of things.'. 16
6 Section 27(1), from `offence'-- 17
omit, insert-- 18
`Example-- 19
A ship leaves port A with a quantity of oil residues held in a tank or 20
space and, without leaving coastal waters, arrives at port B with a lesser 21
quantity in the tank or space. This subsection places an onus on the 22
ship's master to explain why there is a discrepancy in the quantity. 23
Maximum penalty--3500 penalty units.'. 24
7 Sections 28(1), 34A(2), 36(1), 43, 56, 84(1), 95(12)(b)(iii), 25
109(1)(b), 122(1), 128(4) and 134(b), footnote-- 26
omit. 27
8 Sections 35(2), 42(3), 47(3), 55(2) and 61(2), footnote-- 28
omit, insert-- 29
Page 153
Transport and Other Legislation Amendment Bill 2010
Schedule
`Note-- 1
See the note to section 26(2) for information about sections 23 and 24 of 2
the Code.'. 3
9 Section 36(1)-- 4
insert-- 5
`Note-- 6
See Annex II, regulation 3.'. 7
10 Section 40, definition harmful substance, from 8
`MARPOL'-- 9
omit, insert-- 10
`the International Maritime Dangerous Goods Code.'. 11
11 Section 84(1)-- 12
insert-- 13
`Note-- 14
See Article 220(2) of the United Nations Convention on the Law of the 15
Sea 1982.'. 16
12 Section 95(12)(b)(iii)-- 17
insert-- 18
`Note-- 19
Section 109 imposes on an authorised officer a 20
requirement to give notice of any damage done in the 21
exercise of a power.'. 22
13 Section 109(1)(b)-- 23
insert-- 24
`Note-- 25
See section 95(2)(b).'. 26
Page 154
Transport and Other Legislation Amendment Bill 2010
Schedule
14 Section 122(1)-- 1
insert-- 2
`Note-- 3
See also the Protection of the Sea (Civil Liability) Act 1981 (Cwlth) and 4
the Protection of the Sea (Oil Pollution Compensation Funds) Act 1993 5
(Cwlth).'. 6
15 Section 128(4)-- 7
insert-- 8
`Note-- 9
See, for example, part 10 of the Acts Interpretation Act 1954.'. 10
16 Schedule, definitions coastal waters, garbage, harmful 11
substance, incident, oil, oil tanker and ship, footnote-- 12
omit. 13
17 Schedule, definition coastal waters-- 14
insert-- 15
`Note-- 16
Coastal waters of the State is defined in the Acts Interpretation Act 17
1954, section 36.'. 18
Transport Operations (Marine Pollution) Regulation 19
2008 20
1 Section 3, `schedule 9'-- 21
omit, insert-- 22
`schedule 8'. 23
Page 155
Transport and Other Legislation Amendment Bill 2010
Schedule
2 Sections 10(d), 12(c), 15(1), 23(2)(c) and (3)(b), 24(4), 25(d) 1
and (e)(iii), 27(3), 28(2)(c), 29(1), 30(b), 31(d), 33(1), 36(2) 2
and (3), 37, 40(1), 60, 63(2)(c), 64(1) and (2)(a) and (b), 3
65(2)(b), 66 and 67(2), note-- 4
omit. 5
3 Section 17(4) and 35(4), definitions recordable event and 6
recordable operation, `schedule 2'-- 7
omit, insert-- 8
`schedule 1'. 9
4 Section 36(4), definition relevant footnote, note, 10
`Schedule 3'-- 11
omit, insert-- 12
`Schedule 2'. 13
5 Section 45, `schedule 5'-- 14
omit, insert-- 15
`schedule 4'. 16
6 Sections 55(4)(b) and 57, `schedule 7'-- 17
omit, insert-- 18
`schedule 6'. 19
7 Schedule 3, heading, `schedule 9'-- 20
omit, insert-- 21
`schedule 8'. 22
Page 156
Transport and Other Legislation Amendment Bill 2010
Schedule
8 Schedule 9, definitions 100m line, 500m line, coastal 1
100m line, coastal 500m line, fringing reef, geodesic, 2
H.A.T., highest astronomical tide, high water, island 500m 3
line, L.A.T., lowest astronomical tide, low water, median 4
line, rock 500m line and the mainland, `schedule 8'-- 5
omit, insert-- 6
`schedule 7'. 7
9 Schedule 9, definitions Administration, category X 8
substance, category Y substance, category Z substance, 9
Code and IBC Code, `schedule 3'-- 10
omit, insert-- 11
`schedule 2'. 12
10 Schedule 9, definitions Annex I, Annex II and Annex V, `as 13
set out in schedule 1'-- 14
omit. 15
11 Schedule 9, definitions levels of sewage quality 16
characteristics and relevant level, `schedule 7'-- 17
omit, insert-- 18
`schedule 6'. 19
Transport Operations (Passenger Transport) Act 1994 20
1 Section 14 and schedule 1A, part 2, `Editor's note'-- 21
omit, insert-- 22
`Note'. 23
2 Section 36B(1), `to', first mention-- 24
omit. 25
Page 157
Transport and Other Legislation Amendment Bill 2010
Schedule
3 Section 36B(1)(a), before `allow'-- 1
insert-- 2
`to'. 3
4 Section 42(1), `(Market entry restrictions)'-- 4
omit. 5
5 Section 55(a), `(Declaration that service contracts are 6
required)'-- 7
omit. 8
6 Section 80B, `financial-institution'-- 9
omit, insert-- 10
`financial institution'. 11
7 Section 97, from `the following'-- 12
omit, insert-- 13
`section 93, 94, 95 or 96 has not been complied with.'. 14
8 Sections 126N(2) and 126NA(2)(b) and (d), `officer'-- 15
omit, insert-- 16
`person'. 17
9 Section 126OA(4), `authorised officer'-- 18
omit, insert-- 19
`authorised person'. 20
10 Schedule 3, definitions established route, insult and local 21
government road-- 22
omit. 23
Page 158
Transport and Other Legislation Amendment Bill 2010
Schedule
11 Schedule 3, definition taxi service area, `(Taxi service 1
areas)'-- 2
omit. 3
Transport Operations (Road Use Management) Act 4
1995 5
1 Section 35(2)(a), `Editor's note'-- 6
omit, insert-- 7
`Note'. 8
2 Section 39C(1)(b), `good'-- 9
omit, insert-- 10
`goods'. 11
3 Section 50AA(6D), `a person who is an individual', 12
second mention-- 13
omit, insert-- 14
`the person'. 15
4 Section 51L(1)(b), from `if' to `owner--'-- 16
omit, insert-- 17
`the chief executive decides under section 51J(3) or (4) not to 18
give a notice to the removed thing's owner and'. 19
5 Sections 53B(6), 53C(4), 57B(2AA) and 162D(2), `Editor's 20
note'-- 21
omit, insert-- 22
`Note'. 23
Page 159
Transport and Other Legislation Amendment Bill 2010
Schedule
6 Section 56(3)(b), before `uses'-- 1
insert-- 2
`the applicant'. 3
7 Section 66(9), definition shared path and editor's note-- 4
omit, insert-- 5
`shared path see the Queensland Road Rules, section 6
242(2).'. 7
8 Section 67, `in chapter 5,'-- 8
omit. 9
9 Section 78(3)(b), editor's note-- 10
omit, insert-- 11
`Note-- 12
See section 127(4)(b) for the effect of a suspension because of 13
the allocation of demerit points under the driver licensing 14
regulation.'. 15
10 Section 78(3)(d) and (e), `Transport Operations (Road Use 16
Management--Road Rules) Regulation 1999'-- 17
omit, insert-- 18
`Queensland Road Rules'. 19
11 Section 78(3)(d) and (e), editor's notes-- 20
omit. 21
12 Section 78(6), definition disqualified driver, paragraphs 22
(b)(ii) and (c)(ii), `Transport Operations (Road Use 23
Management--Road Rules) Regulation 1999'-- 24
omit, insert-- 25
`Queensland Road Rules'. 26
Page 160
Transport and Other Legislation Amendment Bill 2010
Schedule
13 Section 78(6), definition disqualified driver, editor's 1
notes-- 2
omit. 3
14 Section 79(1), after `who'-- 4
insert-- 5
`,'. 6
15 Section 79(1B), `s 328A'-- 7
omit, insert-- 8
`section 328A'. 9
16 Section 79(2E), from `class' to `Code'-- 10
omit, insert-- 11
`class 1A to class 1E passenger vessels as described in part B, 12
chapter 3, clause 3.5.1, table 4 of the National Standard for 13
Commercial Vessels'. 14
17 Section 79(7), `who while under the influence of liquor or 15
a drug'-- 16
omit, insert-- 17
`who, while under the influence of liquor or a drug,'. 18
18 Section 79B(7), definition, analysis certificate-- 19
omit. 20
19 Section 79G, heading, `s 79E'-- 21
omit, insert-- 22
`section 79E'. 23
Page 161
Transport and Other Legislation Amendment Bill 2010
Schedule
20 Section 79G(3), definitions relevant charge and 1
suspended licence, `of the Act'-- 2
omit. 3
21 Section 80(5), after `for that purpose', first mention-- 4
insert-- 5
`,'. 6
22 Section 80(16)(b), `section (15AB)(b)(i)'-- 7
omit, insert-- 8
`subsection (15AB)(b)(i)'. 9
23 Section 80(22D), `who while the person's driver licence is 10
suspended under subsection (22AA)'-- 11
omit, insert-- 12
`who, while the person's driver licence is suspended under 13
subsection (22AA),'. 14
24 Section 80(30), `s 79'-- 15
omit, insert-- 16
`section 79'. 17
25 Section 80AA(2)(b), `for'-- 18
omit. 19
26 Section 84(1D), definition drives a vehicle (other than a 20
motor vehicle), a tram, a train or an animal dangerously, 21
`animal dangerously'-- 22
omit, insert-- 23
`animal on a road dangerously'. 24
Page 162
Transport and Other Legislation Amendment Bill 2010
Schedule
27 Section 86(2)(e), after `licence;'-- 1
insert-- 2
`or'. 3
28 Section 87(4)(b), after `limited to'-- 4
insert-- 5
`the following'. 6
29 Section 150AC(3)-- 7
omit. 8
30 Section 151A(1), `The'-- 9
omit, insert-- 10
`This'. 11
31 Sections 153G(2)(a) and 157A(1)(a) and (b), at the end, 12
`or'-- 13
omit. 14
32 Section 161J(3)(b), after `that'-- 15
insert-- 16
`it'. 17
33 Section 161R(3)(b)(ii), at the end-- 18
insert-- 19
`or'. 20
34 Section 168A(4), definition transport Act, paragraph (b)-- 21
omit, insert-- 22
`(b) the dangerous goods regulation.'. 23
Page 163
Transport and Other Legislation Amendment Bill 2010
Schedule
35 Section 168AA(7)(a) and (b), at the end, `and'-- 1
omit. 2
36 Chapter 7, part 8, heading, and part 9, heading, 3
`provision'-- 4
omit, insert-- 5
`provisions'. 6
37 Schedule 4, definition tramcar-- 7
omit. 8
38 Schedule 4-- 9
insert-- 10
`amending Act, for chapter 7, part 9, see section 206. 11
dangerous driving offence, for sections 90A to 90D, see 12
section 90A. 13
designated offence, for sections 90A to 90D, see section 90A. 14
disqualified, for sections 90A to 90D, see section 90A. 15
driver licensing regulation means a regulation in force under 16
chapter 5, part 10 to the extent it is about the management of 17
drivers. 18
install, for chapter 5, parts 2 and 6, see section 67. 19
photographic detection device see section 113. 20
relevant disqualifying provision, for sections 90A to 90D, see 21
section 90A. 22
relocated provision, for chapter 7, part 3, see section 186. 23
remove, for chapter 5, parts 2 and 6, see section 67. 24
Road Transport Reform Act, for chapter 7, part 3, see section 25
186. 26
section 89 disqualification, for sections 90A to 90D, see 27
section 90A. 28
Page 164
Transport and Other Legislation Amendment Bill 2010
Schedule
section 90 disqualification, for sections 90A to 90D, see 1
section 90A. 2
structure, for chapter 5, parts 2 and 6, see section 67. 3
Traffic Act, for chapter 7, part 3, see section 186.'. 4
39 Schedule 4, definition on-- 5
omit, insert-- 6
`on-- 7
(a) for a place, includes within, under and over the place; 8
and 9
(b) for chapter 5, parts 2 and 6, see section 67.'. 10
40 Schedule 4, definition prescribed heavy vehicle, 11
paragraph (a)(vi)-- 12
renumber as paragraph (a)(v). 13
41 Schedule 4, definition prescribed heavy vehicle, 14
paragraph (b), `(vi)'-- 15
omit, insert-- 16
`(v)'. 17
42 Schedule 4, definition relevant emergency service officer, 18
paragraphs (e) and (f), `paragraph'-- 19
omit, insert-- 20
`any of paragraphs'. 21
Page 165
Transport and Other Legislation Amendment Bill 2010
Schedule
Transport Operations (TransLink Transit Authority) 1
Act 2008 2
1 Schedule 2, definition disqualified person, paragraph 3
(a)(i), `contact'-- 4
omit, insert-- 5
`contract'. 6
Transport Planning and Coordination Act 1994 7
1 Section 3, definitions public passenger service, first 8
occurrence, and transport decision-- 9
omit. 10
2 Section 8D(6)(c), `(2)'-- 11
omit, insert-- 12
`(4)(a)(ii)'. 13
3 Section 8D(7), `(2)(b)'-- 14
omit, insert-- 15
`(4)(b)'. 16
4 Section 27(3)(b), `subsection (aa)'-- 17
omit, insert-- 18
`subsection (1)(aa)'. 19
Page 166
Transport and Other Legislation Amendment Bill 2010
Schedule
Transport Security (Counter-Terrorism) Act 2008 1
1 Section 16(1)(b), from `AS/NZS'-- 2
omit, insert-- 3
`AS/NZS ISO 31000:2009 Risk management--Principles and 4
guidelines.'. 5
Part 2 Other amendments 6
Transport Operations (Road Use Management) Act 7
1995 8
1 Section 150AB(1)(d)(iii) and (iv)-- 9
omit, insert-- 10
`(iii) schedulers for heavy vehicles;'. 11
2 Section 150AB(1)(d)(v) and (vi)-- 12
renumber as section 150AB(1)(d)(iv) and (v). 13
3 Chapter 6, part 2, heading, from `offences'-- 14
omit, insert-- 15
`other particular offences about heavy vehicles'. 16
© State of Queensland 2010
Page 167
AMENDMENTS TO BILL
Transport and Other Legislation Amendment Bill 2010
Transport and Other Legislation
Amendment Bill 2010
Amendments agreed to during Consideration
1 Clause 2 (Commencement)
Page 14, lines 12 to 14--
omit, insert--
`(c) chapter 4, other than part 8;'.
2 Clause 14 (Amendment of s 78 (Driving of motor vehicle
without a driver licence prohibited))
Page 21, line 11, `5'--
omit, insert--
`2'.
3 Clause 14 (Amendment of s 78 (Driving of motor vehicle
without a driver licence prohibited))
Page 21, line 30 and page 22, lines 1 to 14--
omit, insert--
`(j) if the person committed the offence while the person
was a person mentioned in subsection (1B) or (1C)--for
a period, of at least 1 month but not more than 6 months,
decided by the court.'.'.
4 Clause 17 (Insertion of new ch 5, pt 3B)
Page 24, line 15, `or (k)'--
omit.
Page 1
Transport and Other Legislation Amendment Bill 2010
5 Clause 17 (Insertion of new ch 5, pt 3B)
Page 28, lines 18 and 19, from `the person is' to `after'--
omit.
6 Clause 17 (Insertion of new ch 5, pt 3B)
Page 28, line 25, `5'--
omit, insert--
`2'.
7 Clause 28 (Replacement of ss 57DB and 57DC)
Page 48, line 3, after `employee of'--
insert--
`that'.
8 Clause 33 (Replacement of s 163E (Objective
reasonableness test to be used in deciding causation))
Page 64, line 4, `a chapter'--
omit, insert--
`chapter'.
9 Clause 77 (Replacement of s 30 (Amendment of s 150A
(Regulating form of licence)))
Page 115, line 1, before `insert'--
insert--
`omit,'.
10 Clause 119 (Insertion of new ch 6, pt 4)
Page 134, line 2, `67G(1)'--
omit, insert--
`67H(1)'.
Page 2
Transport and Other Legislation Amendment Bill 2010
11 Clause 128 (Replacement of s 133 (Occupiers of garages
etc. to keep register of repairs))
Page 140, lines 23 to 25, page 141, lines 1 to 31, page 142,
lines 1 to 33 and page 143, lines 1 to 10--
omit.
© State of Queensland 2010
[Index] [Search] [Download] [Related Items] [Help]