Queensland Subordinate Legislation as Made Queensland Subordinate Legislation as MadePart 6 , after division 2 —
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71A Definitions for division In this division—
"approved method" , for providing information, means—(a) providing the information to the chief executive electronically and in the approved form; or(b) using an electronic system approved by the chief executive to provide the information.
"quarter" , for a financial year, means the following periods in the financial year—(a) 1 July to 30 September;(b) 1 October to 31 December;(c) 1 January to 31 March;(d) 1 April to 30 June.
71B Application of subdivision—Act, s 91C For section 91C(1) of the Act, this subdivision—(a) applies to—(i) an authorised booking entity that provides booking services for a booked hire service; and(ii) an operator of a booked hire service provided using a taxi or a taxi service; and(b) states the requirements for the entity and operator to monitor, record and report particular information relevant to managing driver fatigue.
71C Recording fatigue management information(1) The authorised booking entity and operator must keep a record of the following information about each driver of a relevant vehicle used to provide a relevant service for the period mentioned in subsection (2)—(a) the driver authorisation number of the driver;(b) the days and times the driver is driving, or is available to drive, the vehicle to provide the service.Penalty—Maximum penalty—80 penalty units.Examples of a driver being available to drive—• a driver of a taxi starts a work shift and is on duty to drive the taxi• a driver of a booked hire vehicle is on duty to accept or receive bookings for a booked hire service, including, for example, by being connected to a booking service or app to accept bookings• a driver of a limousine is travelling to pick up a passenger for a journey(2) The record must be kept for 2 years after the day on which the driver drove the relevant vehicle, or was available to drive the vehicle.(3) In this section—
"relevant service" means—(a) for the authorised booking entity—(i) the booked hire service; or(ii) another public passenger service for which the entity arranges bookings using a relevant vehicle; or(b) for the operator—the booked hire service provided using the taxi or the taxi service.
"relevant vehicle" means a booked hire vehicle, limousine or taxi.
71D Reporting fatigue management information(1) The chief executive may give a written notice to the authorised booking entity or operator requiring the entity or operator to provide the information recorded under section 71C for a stated period to the chief executive.(2) The authorised booking entity or operator must comply with a requirement made under subsection (1) within 28 days after the notice is given.Penalty—Maximum penalty—80 penalty units.
71E False or misleading information A person must not give information to the authorised booking entity or operator for section 71C if the person knows the information is false, misleading or incomplete in a material particular.Penalty—Maximum penalty—80 penalty units.
71F Application of subdivision This subdivision applies to an operator of a taxi service in relation to each taxi service for a journey provided using a taxi.
71G Recording taxi services information The operator must keep a record of the following information for 2 years after the taxi service was provided—(a) the vehicle registration number and taxi service licence number for the taxi;(b) the name and driver authorisation number of the driver of the taxi;(c) the days and times the journey started and ended;(d) the locations where the journey started and ended;(e) the fare and any payment surcharge for the service;(f) if applicable, that the service was provided to an approved relevant person.Penalty—Maximum penalty—40 penalty units.
71H Reporting taxi services information(1) Within 28 days after the end of each financial year, the operator must provide the chief executive with a report that complies with subsection (2).Penalty—Maximum penalty—40 penalty units.(2) The report must—(a) state the total number of taxi service journeys provided by the operator for the financial year; and(b) be provided using an approved method; and(c) be about the information mentioned in section 71G.(3) Also, the chief executive may, at any time, give a written notice to the operator requiring the operator to provide the chief executive with—(a) stated information mentioned in section 71G for a stated period; or(b) another type of report about the information mentioned in section 71G.(4) The operator must comply with a requirement made under subsection (3) within 28 days after the notice is given.Penalty—Maximum penalty—40 penalty units.
71I Application of subdivision—Act, s 91ZG This subdivision prescribes—(a) for section 91ZG(1) of the Act, the information an authorised booking entity must keep and the period for which the information must be kept; and(b) for section 91ZG(2) of the Act, the way and times the information must be provided to the chief executive.Note—The maximum penalty for failing to comply with section 91ZG(1) or (2) of the Act is 150 penalty units.
71J Driver information(1) This section applies in relation to—(a) a person (a
"driver" ) who—(i) is the authorised booking entity; and(ii) drives or has driven a motor vehicle used to provide booked hire services; and(iii) under the driver’s booking entity authorisation, provides or has provided booking services for the booked hire services; or(b) a person (also a
"driver" ) who has or had an arrangement with the authorised booking entity under which the entity provides or has provided booking services for the driver to drive a motor vehicle to provide booked hire services.(2) The information is—(a) the name and driver authorisation number of the driver; and(b) the start and end of the period the driver is on-the-books.(3) The period for keeping the information is 2 years after the driver is no longer on-the-books.(4) The information must be provided for each quarter in a financial year to the chief executive within 28 days after the end of the quarter, using an approved method.(5) Subsection (4) does not apply if the driver was not on-the-books during a quarter.(6) A driver is
"on-the-books" for the authorised booking entity—(a) for a driver mentioned in subsection (1)(a)—when the driver is providing booking services for the booked hire services; or(b) for a driver mentioned in subsection (1)(b)—when the driver has an arrangement in force to provide the booked hire services.
71K Vehicle information(1) This section applies in relation to a vehicle that is a booked hire vehicle, limousine or taxi that is, or was, available to be used to provide booked hire services.(2) The information is—(a) the registration number of the vehicle; and(b) the licence number for the vehicle; and(c) the start and end of the period the vehicle is on-the-books.(3) The period for keeping the information is 2 years after the vehicle is no longer on-the-books.(4) The information for each quarter in a financial year must be provided to the chief executive within 28 days after the end of the quarter, using an approved method.(5) Subsection (4) does not apply if the vehicle was not on-the-books during a quarter.(6) The vehicle is
"on-the-books" when the vehicle is available to be used to provide the booked hire services.
71L Journey information(1) This section applies to each booked hire service provided, or requested to be provided, by hiring a motor vehicle for a journey.(2) The information is—(a) the day and time the booking for the service was made; and(b) the locations where the journey started and ended; and(c) the days and times the journey started and ended; and(d) the vehicle registration number and booked hire service licence or taxi service licence number for the vehicle; and(e) if the hirer booked the vehicle to arrive at a particular time—the time; and(f) information given by the hirer that is sufficient to identify the hirer; andExamples—name, mobile number, username, name of an organisation(g) the name and driver authorisation number of the driver of the vehicle; and(h) the fare and any payment surcharge for the journey; and(i) if a fare estimate was given to the hirer under section 61—the estimated amount of the fare; and(j) if applicable, that the service was provided to an approved relevant person; and(k) if applicable, that a service was requested and not provided.(3) The period for keeping the information is 2 years—(a) if the booked hire service was not provided—after the service was requested; or(b) otherwise—after the service was provided.(4) The information mentioned in subsection (2)(a) to (e) and (2)(j) for each quarter in a financial year must be provided to the chief executive within 28 days after the end of the quarter, using an approved method.(5) Also, a report about journey information for a financial year must be provided to the chief executive within 28 days after the end of the financial year, using an approved method.(6) In addition, the chief executive may, at any time, give a written notice to the authorised booking entity requiring the entity to provide the chief executive with—(a) stated journey information for a stated period; or(b) another type of report about journey information.(7) The authorised booking entity must comply with a requirement made under subsection (6) within 28 days after the notice is given.(8) In this section—
"journey information" means information mentioned in subsection (2), other than information mentioned in subsection (2)(f).
71M Sharing information—Act, s 148C(1) For section 148C(2)(b)(i) of the Act, a person who receives information under this division may disclose the information to another entity if the information—(a) does not contain confidential information about a person to whom the information relates; and(b) is disclosed for a purpose relating to traffic management, town planning or infrastructure development.(2) In this section—
"confidential information" means information, other than information that is publicly available—(a) that is personal information under the Information Privacy Act 2009 , section 12; or(b) that would be likely to identify the person to whom the information relates or damage the commercial activities of any person to whom the information relates.