Queensland Subordinate Legislation as Made

TRANSPORT OPERATIONS (PASSENGER TRANSPORT) AMENDMENT REGULATION (NO. 2) 2019 - REG 9

9 Insertion of new pt 16, div 2, sdiv 2

Part 16 , division 2 —
insert—

Subdivision 2 - Authorised person for service contract

268A Appointment For section 111(2)(f) of the Act, each of the following persons is prescribed as a person the chief executive may appoint under that section to be an authorised person for a service contract—

(a) an employee of, or a contractor for, an operator who is required to provide a public passenger service for an area or route under a service contract;

(b) an employee of a contractor mentioned in paragraph (a).

268B Powers

(1) For section 114(2) of the Act, the powers of an authorised person for a service contract are limited to the powers given under the following provisions of the Act—

(a) section 127;

(b) section 143ADA;

(c) section 143ADB;

(d) section 143AG;

(e) section 143AH;

(f) section 143AHA(1);

(g) section 143AHB(1);

(h) section 143AHC;

(i) section 143AHD.

(2) However, the powers given under section 127 of the Act are limited to being exercised for serving an infringement notice for an offence against—

(a) the following provisions of the Act—

(i) section 143AC;

(ii) section 143ADA(4);

(iii) section 143ADB(4);

(iv) section 143AE(1);

(v) section 143AK; or

(b) the following provisions of this regulation—

(i) section 232;

(ii) section 233(1);

(iii) section 234(1);

(iv) section 251;

(v) section 252(1);

(vi) section 253(2).

(3) Also, the power given under section 143AHA(1) of the Act is limited to being exercised for giving a direction under the section for an offence against the following relevant provisions for that section—

(a) section 143AC of the Act;

(b) section 143AE(1) of the Act;

(c) section 252(1) of this regulation.

Note—

Section 252(2) prescribes section 252 as a relevant provision for section 143AHA(4) of the Act, definition
"relevant provision" , paragraph (c).

(4) In addition, the powers are limited to being exercised only in relation to—

(a) the public passenger service provided under the service contract mentioned in section 268A(a); or

(b) public transport infrastructure used to provide the public passenger service mentioned in paragraph (a).