Queensland Numbered Acts

TRANSPORT AND OTHER LEGISLATION AMENDMENT ACT 2010 NO. 13

TABLE OF PROVISIONS

           Contents

           CHAPTER 1--PRELIMINARY

   1.      Short title
   2.      Commencement

           CHAPTER 2 AMENDMENT OF TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995--ROAD SAFETY REFORMS
           Part 1--Preliminary

   3.      Act amended in chapter and schedule
           Part 2--No alcohol limit
   4.      Amendment of s 79 (Vehicle offences involving liquor or other drugs)
   5.      Amendment of s 79B (Immediate suspension or disqualification)
   6.      Amendment of s 80 (Breath and saliva tests, and analysis and laboratory tests)
   7.      Amendment of s 81 (Notices to offenders for certain first offences)
   8.      Amendment of s 86 (Disqualification of drivers of motor vehicles for certain offences)
   9.      Amendment of s 87 (Issue of restricted licence to disqualified person)
   10.     Amendment of s 90A (Definitions for ss 90B-90D)
           Part 3--Alcohol ignition interlocks
   11.     Replacement of s 17A (Definition)
           12. Amendment of s 18 (Grounds for amending, suspending or cancelling approvals)
   13.     Amendment of s 60 (Evidentiary aids)
   14.     Amendment of s 78 (Driving of motor vehicle without a driver licence prohibited)
   15.     Amendment of s 79 (Vehicle offences involving liquor or other drugs)
   16.     Amendment of s 90A (Definitions for ss 90B-90D)
           17. Insertion of new ch 5, pt 3B
   18.     Amendment of s 124 (Facilitation of proof)
   19.     Amendment of s 168A (Effect of particular corresponding administrative action or corresponding order in relation to heavy vehicle)
   20.     Amendment of sch 3 (Reviewable decisions)
   21.     Amendment of sch 4 (Dictionary)
           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)
   23.     Amendment of s 48A (Further power to require personal details for exercising power in relation to heavy vehicle or transport of dangerous goods)
   24.     Amendment of s 49A (Direction to provide information about heavy vehicles and transport of dangerous goods)
   25.     Amendment of s 50AB (Power to require help to find and access particular documents or information)
   26.     Amendment of s 57AB (Definitions for sdiv 2)
   27.     Amendment of s 57B (Further liability provisions for extended liability offences)
   28.     Replacement of ss 57DB and 57DC
           29. Amendment of s 57F (Proof of compliance with industry code of practice)
   30.     Amendment of s 57H (Criminal Code, s 24 does not apply to particular offences)
   31.     Insertion of new ch 5D
   32.     Amendment of s 163D (Deciding whether person knew or ought reasonably to have known something)
   33.     Replacement of s 163E (Objective reasonableness test to be used in deciding causation)
   34.     Amendment of sch 4 (Dictionary)
           Part 5--Speed and redlight cameras
   35.     Amendment of s 113 (Definitions for div 2)
   36.     Amendment of s 116 (Notice accompanying summons)
   37.     Amendment of s 118 (Photographic evidence—inspection and challenges)
   38.     Amendment of s 120 (Evidentiary provisions)
   39.     Insertion of new s 120A
           40. Amendment of s 124 (Facilitation of proof)
   41.     Amendment of s 124A (Additional ground of challenge not stated in written notice required under particular provisions)
   42.     Insertion of new s 222

           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
   44.     Replacement of s 5 (What is an adult proof of age card)
   45.     Amendment of s 6 (Card is property of the State)
   46.     Amendment of s 9 (Application for new card by electronic communication)
   47.     Amendment of s 11 (Decision on application)
   48.     Amendment of s 13 (Expiry of card)
   49.     Insertion of new s 23A
           50. Amendment of s 30 (Restricted release of information in APA register)
   51.     Replacement of s 31 (Obtaining digital photo and digitised signature)
   52.     Amendment of s 32 (Using digital photo and digitised signature)
   53.     Amendment of s 33 (Restricted access to digital photo)
   54.     Replacement of s 37 (Retention period for digital photo and digitised signature)
   55.     Insertion of new s 47A
           56. Amendment of s 49 (Regulation-making power)
   57.     Amendment of schedule (Dictionary)
           Part 2--Amendment of Transport (New Queensland Driver Licensing) Amendment Act 2008
   58.     Act amended
   59.     Amendment of s 5 (Insertion of new ch 7, pt 5A)
   60.     Insertion of new ss 8A and 8B
           61. Amendment of s 9 (Insertion of new pt 3, divs 2 and 3)
   62.     Insertion of new ss 9A-9D
           63. Replacement of s 11 (Amendment of s 43 (Regulation-making power))
   64.     Insertion of new s 11A
           65. Amendment of s 12 (Amendment of sch 2 (Dictionary))
   66.     Replacement of s 14 (Amendment of s 62 (Grant, amendment and renewal of licences))
   67.     Insertion of new s 14A
           68. Amendment of s 15 (Insertion of new pt 5, divs 3A and 3B)
   69.     Amendment of s 17 (Amendment of schedule (Dictionary))
   70.     Replacement of s 20 (Amendment of s 29 (Granting, renewing or refusing driver authorisation))
   71.     Insertion of new s 20A
           72. Amendment of s 21 (Insertion of new s 34A)
           73. Amendment of s 22 (Insertion of new ch 4, pts 2 and 3)
   74.     Amendment of s 24 (Amendment of sch 3 (Dictionary))
   75.     Amendment of s 28 (Insertion of new ch 5, pt 3A)
   76.     Insertion of new s 28A
           77. Replacement of s 30 (Amendment of s 150A (Regulating form of licence))
   78.     Amendment of s 31 (Amendment of sch 4 (Dictionary))
           Part 3--Amendment of Transport Operations (Marine Safety) Act 1994
   79.     Act amended
   80.     Insertion of new s 62A
   81.     Amendment of s 63 (Cancellation, suspension and amendment of licences)
   82.     Amendment of s 202C (Licence cancelled when order made under s 202A)
           83. Amendment of s 202K (Variation of restrictions)

           CHAPTER 4--OTHER AMENDMENTS
           Part 1--Amendment of Transport Infrastructure Act 1994

   84.     Act amended in part and schedule
   85.     Amendment of s 84C (Effect on land of State toll road corridor land declaration)
   86.     Amendment of s 105J (Effect on land of local government tollway corridor land declaration)
   87.     Amendment of s 480 (Disposal of fees, penalties etc.)
           Part 2--Amendment of Transport Operations (Marine Pollution) Act 1995
   88.     Act amended in part and schedule
   89.     Amendment of s 45 (Definitions for pt 7)
   89A.    Amendment of s 47 (Discharge of untreated sewage into nil discharge waters for untreated sewage prohibited)
   89B.    Amendment of s 48 (Discharge of treated sewage into nil discharge waters for treated sewage prohibited)
   89C.    Amendment of s 48A (Ship with fixed toilet operating in prescribed nil discharge waters to be able to hold or treat sewage)
   90.     Amendment of s 50A (Discharge of sewage by prescribed ships)
   91.     Amendment of s 55AA (Placard about garbage disposal requirements)
   92.     Amendment of s 97 (Definitions for division)
   93.     Insertion of new pt 17, div 5
   94.     Amendment of schedule (Dictionary)
           Part 3--Amendment of the Transport Operations (Marine Pollution) Regulation 2008
   95.     Regulation amended in part and schedule
   96.     Omission of s 4 (MARPOL)
           97. Amendment of s 6 (Meaning of words and expressions in pt 2)
   98.     Amendment of s 9 (Conditions for discharge of oil other than oil from machinery space bilges)
   99.     Amendment of s 16 (Form of oil record book)
   100.    Amendment of s 34 (Form of cargo record book)
   101.    Amendment of s 44 (Nil discharge waters for untreated sewage—Act, s 47)
   102.    Amendment of s 47 (Nil discharge waters for treated sewage or untreated sewage—Act, s 49)
   103.    Amendment of s 53 (Ship must be fitted with macerator)
   104.    Amendment of pt 12, div 2, hdg (Analyst's reports and forms)
   105.    Insertion of new pt 12, div 3
   106.    Omission of sch 1 (MARPOL)
   107.    Amendment of sch 4 (Nil discharge waters for untreated sewage)
   108.    Amendment of sch 6 (Nil discharge waters for treated sewage or untreated sewage from declared ship)
   109.    Amendment of sch 8 (Areas within the Great Barrier Reef Coast Marine Park that are designated areas)
   110.    Amendment of sch 9 (Dictionary)
   111.    Renumbering of schs 2-9
           Part 4--Amendment of Transport Operations (Marine Safety) Act 1994
   112.    Act amended
   113.    Amendment of s 201 (Evidentiary provisions)
           Part 5--Amendment of Transport Operations (Passenger Transport) Act 1994
           Division 1--Preliminary
   114.    Act amended in part and schedule
           Division 2--Amendment of provisions relocated from Transport Operations (TransLink Transit Authority) Act 2008
   115.    Amendment of s 67B (Declaration of special event)
   116.    Amendment of s 67C (Coordination power for mass transit services to special events)
   117.    Amendment of s 67D (TransLink approval required for special event services)
   118.    Amendment of s 67E (Special event approvals)
           Division 3--Other amendments
   119.    Insertion of new ch 6, pt 4
   120.    Amendment of s 113D (Transit officer must not be under the influence of alcohol or drugs)
   121.    Amendment of s 113G (Revocation of appointment of transit officer)
   122.    Replacement of ss 116 and 117
           123. Amendment of s 129ZD (Amendment or revocation of exclusion order generally)
   124.    Insertion of new ch 13, pt 9
   125.    Amendment of sch 3 (Dictionary)
           Part 6--Amendment of Transport Operations (Road Use Management) Act 1995
   126.    Act amended
   127.    Amendment of s 66 (Local laws etc.)
   129.    Insertion of new ch 7, pt 15
   130.    Amendment of sch 4 (Dictionary)
           Part 7--Amendment of Transport Operations (TransLink Transit Authority) Act 2008
   131.    Act amended
   132.    Relocation of ss 47-50
   133.    Omission of pt 7, hdg (Special events)
   134.    Omission of s 57 (Deferral of application of s 49 for particular contracts and arrangements for special event services)
   135.    Amendment of sch 2 (Dictionary)
           Part 8--Amendment of Transport Planning and Coordination Act 1994
   136.    Act amended in part and schedule
   137.    Insertion of new ss 36F and 36G
           Part 9--Minor and consequential amendments
   138.    Acts amended in schedule
           SCHEDULE -- ACTS AMENDED
           Part 1--Amendments commencing on date of assent
           Part 2--Other amendments