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Queensland
TRANSPORT
INFRASTRUCTURE
(RAILWAYS) AMENDMENT
BILL 1993
Queensland
TRANSPORT INFRASTRUCTURE
(RAILWAYS) AMENDMENT BILL 1993
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Amendment of s.1.3 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Amendment of s.2.8 (Custody and affixing of seal) . . . . . . . . . . . . . . . . . . . 5
5 Amendment of s.3.1 (Queensland Railways Board) . . . . . . . . . . . . . . . . . . . 5
6 Amendment of s.6.2 (Powers relating to construction and
maintenance of railways) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
7 Amendment of s.6.16 (Closure of roads) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
8 Amendment of s.6.17 (Substituted roads) . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
9 Amendment of s.6.18 (Agreement for extension of certain roads
through or over lands of Queensland Railways) . . . . . . . . . . . . . . . . . . . . . . 6
10 Amendment of heading to Part 7 (Administration and offences) . . . . . . . . 6
11 Replacement of s.7.1 (Delegation by Board) . . . . . . . . . . . . . . . . . . . . . . . . 6
7.1 Delegation by Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
12 Amendment of s.7.1A (Delegation by chief executive) . . . . . . . . . . . . . . . . 7
13 Amendment of s.7.11 (Inspectors) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
14 Omission of ss.7.12-7.14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
15 Insertion of new Part 7A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
PART 7A--OFFENCES AND ENFORCEMENT
Division 1--Interpretation
7.12 Meaning of "invalid" ticket . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Division 2--Enforcement powers
7.13 Power to require name, address and age . . . . . . . . . . . . . . . . . . . . . . 8
7.14 Power to require production of ticket etc. . . . . . . . . . . . . . . . . . . . . . 9
2
Transport Infrastructure (Railways)
Amendment
7.14A Power to require person to leave train etc. . . . . . . . . . . . . . . . . . . . . 9
7.14B Power to arrest persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Division 3--Offences
7.14C Offences about obstruction, damage etc. . . . . . . . . . . . . . . . . . . . . . . 10
7.14D Travelling without paying fare etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
7.14E Travelling on invalid ticket etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
7.14F Failure to give name, address or age etc. . . . . . . . . . . . . . . . . . . . . . 13
7.14G Failure to produce ticket etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Division 4--Prosecution of offences
7.14H Offences are summary offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
7.14I Evidentiary provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
7.14J Where certain prosecutions may be heard . . . . . . . . . . . . . . . . . . . . . 14
16 Replacement of s.8.2 (Conveyance of dangerous goods) . . . . . . . . . . . . . . . 15
8.2 Carriage of dangerous goods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
17 Amendment of s.8.3 (Mining under railways) . . . . . . . . . . . . . . . . . . . . . . . . 16
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 17
MINOR AMENDMENTS
1993
A BILL
FOR
An Act to amend the Transport Infrastructure (Railways) Act 1991
4
Transport Infrastructure (Railways)
Amendment
The Parliament of Queensland enacts-- 1
title 2
Short
This Act may be cited as the Transport Infrastructure (Railways) 3
Clause1.
Amendment Act 1993. 4
Act 5
Amended
The Transport Infrastructure (Railways) Act 1991 is amended as 6
Clause2.
set out in this Act. 7
of s.1.3 (Interpretation) 8
Amendment
Clause3.(1) Section 1.3 (heading)-- 9
omit, insert-- 10
`Definitions'. 11
(2) Section 1.3 (definition "ticket")-- 12
omit. 13
(3) Section 1.3-- 14
insert-- 15
` "authorised officer" means-- 16
(a) an inspector who is in uniform; or 17
(b) a police officer; 18
"inspector" means a person who is appointed under section 7.11 as an 19
inspector; 20
"obstruct" includes hinder, resist and attempt to obstruct; 21
"rolling stock" means-- 22
(a) a vehicle (including a train) designed for movement on a set of 23
rails; or 24
5
Transport Infrastructure (Railways)
Amendment
(b) a vehicle (including a train) providing motive power for a vehicle 1
mentioned in paragraph (a); 2
"ticket" means a document or thing that evidences, or is intended to 3
evidence, a person's right to travel as a passenger on a railway or other 4
transportation system operated by Queensland Railways; 5
"ticket examiner" means a person included in a class of employees of 6
Queensland Railways declared by the chief executive to be ticket 7
examiners; 8
"ticket inspector" means an authorised officer, or a ticket examiner, who 9
is in uniform.'. 10
of s.2.8 (Custody and affixing of seal) 11
Amendment
Section 2.8(2)-- 12
Clause4.
omit, insert-- 13
`(2) The seal is to be used only as authorised by the Board.'. 14
of s.3.1 (Queensland Railways Board) 15
Amendment
Section 3.1(2)-- 16
Clause5.
omit. 17
of s.6.2 (Powers relating to construction and 18
Amendment
maintenance of railways) 19
Clause6.(1) Section 6.2 (heading)-- 20
omit `railways', insert `railways and other transportation systems'. 21
(2) Section 6.2(1) (after `a railway')-- 22
insert `or another transportation system operated or to be operated by 23
Queensland Railways'. 24
6
Transport Infrastructure (Railways)
Amendment
of s.6.16 (Closure of roads) 1
Amendment
Section 6.16(4)-- 2
Clause7.
omit `order in council', insert `gazette notice'. 3
of s.6.17 (Substituted roads) 4
Amendment
Section 6.17(12)-- 5
Clause8.
omit, insert-- 6
`(12) Despite section 35(17) of the Local Government Act 1936, 7
Queensland Railways is to maintain in good order and repair-- 8
(a) a railway on a road; and 9
(b) the road surface-- 10
(i) between the rails; and 11
(ii) outside each rail for a distance of 0.6 m.'. 12
of s.6.18 (Agreement for extension of certain roads 13
Amendment
through or over lands of Queensland Railways) 14
Section 6.18-- 15
Clause9.
omit `, with the approval of the Governor in Council and subject to the 16
terms, provisions and conditions that the Governor in Council considers 17
appropriate,'. 18
of heading to Part 7 (Administration and offences) 19
Amendment
Clause10. Part 7 (heading)-- 20
omit `AND OFFENCES'. 21
of s.7.1 (Delegation by Board) 22
Replacement
Section 7.1-- 23
Clause11.
omit, insert-- 24
7
Transport Infrastructure (Railways)
Amendment
by Board 1
`Delegation
`7.1 The Board may delegate-- 2
(a) the powers of Queensland Railways under this or another Act to 3
the chief executive or an officer or employee of Queensland 4
Railways; and 5
(b) its powers under this or another Act to a director or the chief 6
executive.'. 7
of s.7.1A (Delegation by chief executive) 8
Amendment
Section 7.1A-- 9
Clause12.
insert-- 10
`(2) The chief executive may also delegate the chief executive's powers 11
under this or another Act to the chief executive of the department. 12
`(3) The chief executive of the department may subdelegate a power 13
delegated to the chief executive under subsection (2) to an officer of the 14
public service employed in the department.'. 15
of s.7.11 (Inspectors) 16
Amendment
Section 7.11(6)-- 17
Clause13.
omit, insert-- 18
`(6) An inspector may exercise a power in relation to a person only if the 19
inspector displays the inspector's identity card for inspection by the person. 20
`(7) If, for any reason, it is not practicable to comply with subsection (6), 21
the inspector must produce the identity card for inspection by the person at 22
the first reasonable opportunity.'. 23
of ss.7.12-7.14 24
Omission
Sections 7.12 to 7.14-- 25
Clause14.
omit. 26
8
Transport Infrastructure (Railways)
Amendment
of new Part 7A 1
Insertion
Clause15. After section 7.11-- 2
insert-- 3
`PART 7A--OFFENCES AND ENFORCEMENT 4
`Division 1--Interpretation 5
of "invalid" ticket 6
`Meaning
`7.12 For the purposes of this Part, a ticket is invalid-- 7
(a) after the end of the journey for which the ticket was issued or 8
used; or 9
(b) after the expiry time specified on the ticket; or 10
(c) if the ticket has been altered or defaced; or 11
(d) if a false statement was made to obtain a concession when the 12
ticket was bought or otherwise obtained. 13
`Division 2--Enforcement powers 14
to require name, address and age 15
`Power
`7.13(1) An authorised officer may require a person to state the person's 16
name and address if the authorised officer-- 17
(a) finds the person committing an offence against this Act; or 18
(b) finds the person in circumstances that lead, or has information 19
that leads, the authorised officer to suspect, on reasonable 20
grounds, that the person has just committed an offence against 21
this Act. 22
`(2) An authorised officer may also require the person to state the 23
person's age if the authorised officer suspects, on reasonable grounds, that 24
the person's age is required for the enforcement of this Act. 25
9
Transport Infrastructure (Railways)
Amendment
`(3) When making a requirement under subsection (1) or (2), the 1
authorised officer must warn the person that it is an offence to fail to state 2
the person's name, address and, if relevant, age unless the person has a 3
reasonable excuse. 4
`(4) The authorised officer may require the person to give evidence of the 5
correctness of the person's name, address or age if the authorised officer 6
suspects, on reasonable grounds, that the name, address or age given is 7
false. 8
to require production of ticket etc. 9
`Power
`7.14(1) A ticket inspector may require a person who is travelling by 10
railway to produce to the inspector the person's ticket for the journey. 11
`(2) If a ticket inspector suspects, on reasonable grounds, that a person 12
who is at a railway station has travelled by railway, the inspector may 13
require the person to produce to the inspector the person's ticket for the 14
journey. 15
`(3) If a ticket inspector suspects, on reasonable grounds, that a ticket 16
produced to the inspector by a person is invalid, the inspector may require 17
the person to give it to the inspector. 18
to require person to leave train etc. 19
`Power
`7.14A(1) An authorised officer may require a person to leave a railway, 20
train or other passenger vehicle operated by Queensland Railways if the 21
authorised officer-- 22
(a) finds the person committing an offence against any of the 23
following provisions-- 24
· section 7.14C(5) (Offences about obstruction, damage etc.) 25
· section 7.14D (Travelling without paying fare etc.) 26
· section 7.14E (Travelling on invalid ticket etc.) 27
· section 7.14F(1) or (2) (Failure to give name, address or age 28
etc.); and 29
(b) believes, on reasonable grounds, that the person may continue to 30
10
Transport Infrastructure (Railways)
Amendment
commit or immediately repeat the offence. 1
`(2) However, the authorised officer may not require the person to leave 2
a railway, train or other passenger vehicle operated by Queensland Railways 3
if requiring the person to leave could put the person's safety at risk. 4
`(3) If the person fails to leave when required to leave, the authorised 5
officer may use only the force that is reasonable and necessary to remove 6
the person from the railway, train or other passenger vehicle. 7
to arrest persons 8
`Power
`7.14B(1) This section applies to an offence against either of the 9
following provisions-- 10
· section 7.14C (Offences about obstruction, damage etc.) 11
· section 7.14F (Failure to give name, address or age etc.). 12
`(2) A police officer may arrest a person if-- 13
(a) the officer-- 14
(i) finds a person committing an offence to which this section 15
applies; or 16
(ii) finds a person in circumstances that lead, or has information 17
that leads, the officer to suspect, on reasonable grounds, that 18
the person has just committed an offence against this 19
section; and 20
(b) the officer believes on reasonable grounds that a proceeding by 21
way of complaint and summons against the person would be 22
ineffective. 23
3--Offences 24
`Division
about obstruction, damage etc. 25
`Offences
`7.14C(1) A person must not obstruct a person in the exercise of a 26
power under this Act, unless the person has a reasonable excuse. 27
Maximum penalty--20 penalty units. 28
11
Transport Infrastructure (Railways)
Amendment
`(2) A person must not unlawfully destroy, mutilate, deface, take away 1
or alter the position of a survey station, survey peg, mark, pole, stake, 2
noticeboard, notice, distance marker or other thing fixed or set up under this 3
Act. 4
Maximum penalty--40 penalty units. 5
`(3) A person must not wilfully trespass on a railway. 6
Maximum penalty--40 penalty units. 7
`(4) A person must not create a disturbance or commit a nuisance while 8
on or in a railway, train or other passenger vehicle operated by Queensland 9
Railways. 10
Maximum penalty--20 penalty units. 11
without paying fare etc. 12
`Travelling
`7.14D(1) A person must not travel by railway unless-- 13
(a) before starting the journey, the person-- 14
(i) had paid the correct fare and obtained a ticket for the journey; 15
or 16
(ii) if the correct fare could not be paid--had obtained a ticket 17
for the journey from an automatic ticket machine and the 18
cost of the ticket was the closest, lesser cost of ticket to the 19
correct fare that it was possible to obtain from the machine; 20
or 21
(b) the person already had a ticket that authorised the person to travel 22
on the journey. 23
Maximum penalty--20 penalty units. 24
`(2) A person does not commit an offence against subsection (1) if, 25
immediately before the person started on the journey, the railway station at 26
which the person started the journey-- 27
(a) was not open for business; and 28
(b) was not equipped with an automatic ticket machine that was 29
capable of dispensing tickets. 30
12
Transport Infrastructure (Railways)
Amendment
`(3) If-- 1
(a) a person obtains a ticket from an automatic ticket machine before 2
starting on a journey by railway; but 3
(b) the cost of the ticket is less than the correct fare for the journey; 4
the person must, at or before the end of the journey, pay to Queensland 5
Railways the difference between the cost of the ticket and the correct fare for 6
the journey. 7
Maximum penalty--20 penalty units. 8
`(4) If-- 9
(a) a person cannot comply with subsection (1)(a) before starting on 10
a journey by railway because of circumstances mentioned in 11
subsection (2); and 12
(b) the person did not already have a ticket that authorised the person 13
to travel by railway on the journey; 14
the person must, at or before the end of the journey, pay to Queensland 15
Railways the correct fare for the journey. 16
Maximum penalty--20 penalty units. 17
`(5) A person does not commit an offence against subsection (3) or (4) 18
in relation to a journey if-- 19
(a) the person was not required by a ticket inspector to produce the 20
person's ticket for the journey during the journey or before the 21
person left the railway station at which the person ended the 22
journey; and 23
(b) the railway station at which the person ended the journey was not 24
open for business when the person ended the journey. 25
`(6) However, if at or before the end of a person's journey mentioned in 26
subsection (3) or (4), the person is required by a ticket inspector to produce 27
the person's ticket for the journey, the person must immediately offer to 28
pay the amount of the fare payable under subsection (3) or (4) to the ticket 29
inspector. 30
Maximum penalty--20 penalty units. 31
`(7) A person must not travel by another transportation system operated 32
13
Transport Infrastructure (Railways)
Amendment
by Queensland Railways, including, for example, a bus service, unless 1
before starting the journey, the person-- 2
(a) had paid the correct fare and obtained a ticket for the journey; or 3
(b) already had a ticket that authorised the person to travel on the 4
journey. 5
Maximum penalty--20 penalty units. 6
on invalid ticket etc. 7
`Travelling
`7.14E(1) A person must not travel, or attempt to travel, by railway or by 8
another transportation system operated by Queensland Railways using an 9
invalid ticket. 10
`(2) A person must not travel, or attempt to travel, by railway in a 11
railway carriage of a higher class to the class shown on the person's ticket 12
for the journey. 13
Maximum penalty--20 penalty units. 14
to give name, address or age etc. 15
`Failure
`7.14F(1) A person must comply with a requirement under 16
section 7.13(1), (2) or (4) (Power to require name, address and age), unless 17
the person has a reasonable excuse for not complying with it. 18
Maximum penalty--8 penalty units. 19
`(2) A person must not state a false name, address or age, or give false 20
evidence of the person's name, address or age, to an authorised officer. 21
Maximum penalty--60 penalty units. 22
`(3) A person does not commit an offence against subsection (1) if-- 23
(a) the authorised officer required the person to state the person's 24
name, address and age on suspicion of the person having 25
committed an offence against this Act; and 26
(b) the person is not proved to have committed an offence. 27
14
Transport Infrastructure (Railways)
Amendment
to produce ticket etc. 1
`Failure
`7.14G(1) A person must comply with a requirement under section 7.14 2
(Power to require production of ticket etc.), unless the person has a 3
reasonable excuse for not complying with it. 4
Maximum penalty--20 penalty units. 5
`(2) A person does not commit an offence against subsection (1) by 6
failing to produce a ticket if, immediately before the person started on the 7
journey, the railway station at which the person started the journey-- 8
(a) was not open for business; and 9
(b) was not equipped with an automatic ticket machine that was 10
capable of dispensing tickets. 11
`Division 4--Prosecution of offences 12
are summary offences 13
`Offences
`7.14H An offence against this Act is a summary offence. 14
provisions 15
`Evidentiary
`7.14I(1) This section applies to a proceeding for an offence against this 16
Act. 17
`(2) It is not necessary to prove-- 18
(a) the appointment of an inspector or a ticket examiner; or 19
(b) the authority of an authorised officer or ticket examiner to do an 20
act under this Act. 21
certain prosecutions may be heard 22
`Where
`7.14J(1) This section applies to an offence against any of the following 23
provisions-- 24
· section 7.14C(5) (Offences about obstruction, damage etc.) 25
· section 7.14D (Travelling without paying fare etc.) 26
15
Transport Infrastructure (Railways)
Amendment
· section 7.14E (Travelling on invalid ticket etc.). 1
`(2) A complaint of an offence to which this section applies that relates to 2
a journey travelled by a person by railway may be heard at a place appointed 3
for holding Magistrates Courts within any of the districts through which the 4
person travelled during the journey. 5
`(3) This section has effect despite, but does not limit, section 139 6
(Where summary cases to be heard) of the Justices Act 1886.'. 7
of s.8.2 (Conveyance of dangerous goods) 8
Replacement
Section 8.2-- 9
Clause16.
omit, insert-- 10
of dangerous goods 11
`Carriage
`8.2(1) In this section-- 12
"dangerous goods" means-- 13
(a) substances classifiable under the classification system specified in 14
section 2 (Classification of Dangerous Goods) of the Code; or 15
(b) substances listed in section 9 (List of Explosives) of the 16
Explosives Code; or 17
(c) other substances and things declared by regulation to be 18
dangerous goods; 19
but does not include substances mentioned in paragraph (a) or (b) that 20
are declared by regulation not to be dangerous goods; 21
"goods of a dangerous nature" means substances and things (other than 22
dangerous goods) that, because of their nature, quantity or condition, 23
may endanger the safety of-- 24
(a) a railway; or 25
(b) a person working or travelling on a railway; 26
"the Code" means the publication prescribed by regulation to be the Code; 27
"the Explosives Code" means the publication prescribed by regulation to 28
be the Explosives Code. 29
16
Transport Infrastructure (Railways)
Amendment
`(2) A person must not have in the person's possession or luggage, 1
while travelling by railway, any dangerous goods or goods of a dangerous 2
nature. 3
Maximum penalty--40 penalty units. 4
`(3) A person does not commit an offence under subsection (2) in 5
relation to dangerous goods if-- 6
(a) the goods are of a type commonly used for personal, domestic or 7
household use; and 8
(b) the quantity of the goods is reasonable having regard to their 9
nature and common use. 10
`(4) A person must not send dangerous goods by railway unless the 11
goods are packed, marked and labelled in the way required by the Code or 12
the Explosives Code. 13
Maximum penalty--40 penalty units. 14
`(5) A person must not send goods of a dangerous nature by railway 15
unless-- 16
(a) the goods are marked and labelled to show clearly they are goods 17
of a dangerous nature; and 18
(b) the goods are packed, and otherwise marked and labelled, in a 19
way that is reasonable having regard to-- 20
(i) the nature and quantity of the goods; and 21
(ii) the safety of the railway and persons working or travelling 22
on it. 23
Maximum penalty--40 penalty units. 24
`(6) In a proceeding for an offence against subsection (2) or (4), 25
production of a document purporting to be the Code or the Explosives Code 26
is evidence of the Code or the Explosives Code, as the case requires.'. 27
of s.8.3 (Mining under railways) 28
Amendment
Clause17. Section 8.3(1)(a)-- 29
omit, insert-- 30
17
Transport Infrastructure (Railways)
Amendment
`(a) make-- 1
(i) a tunnel or excavation; or 2
(ii) a stockpile of ore, mineral, tailings, overburden, gravel, 3
sand, clay, stone or earth; 4
that may make the railway or land unsafe to use for railway 5
purposes; or'. 6
CHEDULE 7
¡S
INOR AMENDMENTS 8
M
section 2 9
1. Section 1.2(3)-- 10
omit. 11
2. Section 2.1(2) (after `corporate')-- 12
insert `without corporators'. 13
3. Section 2.1(2)(b) and (3)-- 14
omit `common'. 15
4. Section 2.3(1)(l)-- 16
omit `of the Commonwealth (or any Act, amendment or substitution for 17
that Act)'. 18
5. Section 2.6(1)(a)-- 19
omit `common'. 20
18
Transport Infrastructure (Railways)
Amendment
SCHEDULE (continued)
6. Section 2.7(a) and (b)-- 1
omit `in right of Queensland'. 2
7. Section 2.7(c)-- 3
omit `of Queensland'. 4
8. Section 2.8(1), (3) and (4)-- 5
omit `common'. 6
9. Section 2.8(3)-- 7
omit `have', insert `have,'. 8
10. Section 2.9-- 9
omit `common'. 10
11. Section 3.2(1)-- 11
omit, insert-- 12
`3.2(1) The Board is responsible for the way Queensland Railways 13
performs its functions and exercises its powers.'. 14
12. Section 3.2(2)(d)-- 15
omit, insert-- 16
`(d) has the other functions and powers given to it by this or another 17
Act.'. 18
13. Section 3.6(1)-- 19
omit `by notification published in the Gazette'. 20
19
Transport Infrastructure (Railways)
Amendment
SCHEDULE (continued)
14. Section 3.7(1)-- 1
omit `, by notification published in the Gazette,'. 2
15. Section 3.7(2)-- 3
omit, insert-- 4
`(2) The deputy chairperson is to act as chairperson during-- 5
(a) any vacancy, or all vacancies, in the office of chairperson; and 6
(b) any period, or all periods, when the chairperson is absent from 7
duty or is, for another reason, unable to perform the functions of 8
the office.'. 9
16. Section 3.9(1)(b)-- 10
omit, insert-- 11
`(b) has been or is convicted of an indictable offence; or'. 12
17. Section 3.21-- 13
omit. 14
18. Section 4.1(4)-- 15
omit. 16
19. Section 4.3(b)-- 17
omit, insert-- 18
`(b) has been or is convicted of an indictable offence; or'. 19
20. Sections 4.6 and 4.7-- 20
renumber (and relocate) as sections 8.5A and 8.5B respectively. 21
20
Transport Infrastructure (Railways)
Amendment
SCHEDULE (continued)
21. Section 6.5-- 1
omit `Maximum penalty', 2
insert `Maximum penalty for subsection (11)'. 3
22. Section 6.15(1)-- 4
omit `that', insert `than'. 5
23. Section 6.19 (heading)-- 6
omit `Crossings', insert `crossings'. 7
24. Section 6.20(6)-- 8
omit `Director-General', insert `chief executive of the department'. 9
25. Section 6.20(8)-- 10
omit `Commissioner of Main Roads', 11
insert `chief executive of the department'. 12
26. Section 6.20(10)-- 13
omit `trains, locomotives and'. 14
27. Section 7.4(1) (after `accident')-- 15
insert `or incident'. 16
28. Section 7.6(2) (after `maintenance')-- 17
insert `or repair'. 18
21
Transport Infrastructure (Railways)
Amendment
SCHEDULE (continued)
29. Section 7.6(7)-- 1
omit `Director-General', insert `chief executive of the department'. 2
30. Section 7.9-- 3
omit `Maximum penalty', insert `Maximum penalty for subsection (9)'. 4
31. Section 8.4(1) to (3)-- 5
omit, insert-- 6
`8.4(1) The Governor in Council may make regulations for the purposes 7
of this Act. 8
`(2) To remove doubt, Queensland Railways may exercise its powers 9
under this Act about a matter about which a regulation may be made under 10
subsection (1). 11
`(3) However, Queensland Railways must not act in a way inconsistent 12
with a regulation made under subsection (1) if it exercises its powers about 13
a matter about which the regulation has been made.'. 14
32. Section 8.5-- 15
omit, insert-- 16
`PART 9--TRANSITIONAL AND SAVINGS 17
PROVISIONS 18
`References to previous Corporation and Commissioner for Railways 19
`8.5 A reference in an Act or instrument-- 20
(a) to the previous Corporation is a reference to Queensland 21
Railways; and 22
(b) to the Commissioner for Railways is a reference to the chief 23
executive.'. 24
22
Transport Infrastructure (Railways)
Amendment
SCHEDULE (continued)
33. Section 8.5B (as renumbered)-- 1
omit `section 4.6', insert `section 8.5A'. 2
34. Section 8.6-- 3
omit, insert-- 4
`Duty to assist transfer of property etc. 5
`8.6(1) The Registrar of Titles and all other persons who are required or 6
authorised to keep a register about dealings with property must, at the 7
request of Queensland Railways, make in the register all entries necessary 8
to record the vesting of property in Queensland Railways by repealed 9
section 8.5(1). 10
`(2) A request made under subsection (1) is not liable to stamp duty and 11
no fees or charges are payable for it.'. 12
35. Section 8.7-- 13
omit, insert-- 14
`Numbering and renumbering of Act 15
`8.7 In the next reprint of the Act produced under the Reprints Act 1992, 16
section 43 (Numbering and renumbering of provisions) of that Act must be 17
used. 18
`Lapse of by-laws 19
`8.8(1) To remove any doubt, it is declared that all by-laws made under 20
the Railways Act 1914, and in force immediately before 30 June 1991, 21
lapsed on 30 June 1991. 22
`(2) This section expires at the end of the day it commences.'. 23
24
© State of Queensland 1993
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