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TRANSPORT AND OTHER LEGISLATION AMENDMENT BILL 2011
Queensland
Transport and Other
Legislation Amendment Bill
2011
Queensland
Transport and Other Legislation
Amendment Bill 2011
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Part 2 Amendment of Adult Proof of Age Card Act 2008
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
4 Amendment of s 30 (Restricted release of information in APA
register) .................................... 13
5 Insertion of new s 30A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
30A Restricted oral release of information in APA register 13
Part 3 Amendment of Building Act 1975
6 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
7 Amendment of s 246W (Definitions for ch 8B) . . . . . . . . . . . . . . . 14
8 Amendment of s 246Z (Designation of transport noise
corridor--transport chief executive) . . . . . . . . . . . . . . . . . . . . . . . 14
Part 4 Amendment of Criminal Code
9 Code amended. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
10 Amendment of s 328A (Dangerous operation of a vehicle) . . . . . 15
Part 5 Amendment of Electrical Safety Act 2002
11 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
12 Amendment of s 7 (Application of Act to railways) . . . . . . . . . . . . 15
13 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 16
Part 6 Amendment of Electricity Act 1994
14 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
15 Insertion of new s 20QA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
20QA Exemptions for light rail franchisee and light rail
manager .......................... 17
16 Amendment of s 102 (Works on roads) . . . . . . . . . . . . . . . . . . . . 17
Transport and Other Legislation Amendment Bill 2011
Contents
17 Amendment of s 106 (Public entity may require electricity entity
to alter position of works) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
18 Amendment of s 109 (Works impairing railway signalling or
communication lines) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
19 Amendment of s 110 (Building by railway operator of signalling
or communication line likely to be affected by electricity entity's
works etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
20 Amendment of sch 5 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 18
Part 7 Amendment of Environmental Protection Act 1994
21 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
22 Amendment of sch 1 (Exclusions relating to environmental
nuisance or environmental harm). . . . . . . . . . . . . . . . . . . . . . . . . 19
Part 8 Amendment of Tow Truck Act 1973
23 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
24 Amendment of s 19H (Restricted release of information) . . . . . . 19
25 Insertion of new s 19I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
19I Restricted oral release of particular information. . . . . 20
Part 9 Amendment of Transport Infrastructure Act 1994
26 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
27 Amendment of s 30 (Obligations in carrying out of works or
operation of roads by the chief executive) . . . . . . . . . . . . . . . . . . 20
28 Amendment of s 84A (Declaration of land as State toll road
corridor land) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
29 Amendment of s 84C (Effect on land of State toll road corridor
land declaration) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
30 Insertion of new s 84CA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
84CA Effect of additional State toll road corridor land
declaration on leases . . . . . . . . . . . . . . . . . . . . . . . . . 22
31 Amendment of s 105GA (Declaration) . . . . . . . . . . . . . . . . . . . . . 24
32 Amendment of s 105H (Declaration of land as local government
tollway corridor land) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
33 Amendment of s 105I (Local government tollway corridor land
on rail corridor land) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
34 Amendment of s 105J (Effect on land of local government tollway
corridor land declaration) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
35 Insertion of new s 105JAA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
105JAA Effect of additional local government tollway corridor
land declaration on leases . . . . . . . . . . . . . . . . . . . . . 27
36 Amendment of s 106 (Ways of achieving objectives) . . . . . . . . . . 29
37 Amendment of s 108 (Purpose of pt 2) . . . . . . . . . . . . . . . . . . . . 29
Page 2
Transport and Other Legislation Amendment Bill 2011
Contents
38 Amendment of s 109 (Definitions for pt 2) . . . . . . . . . . . . . . . . . . 29
39 Insertion of new s 109A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
109A Chief executive may enter land to investigate
potential rail corridor. . . . . . . . . . . . . . . . . . . . . . . . . . 30
40 Amendment of s 115 (Investigator to issue associated person
with identification). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
41 Amendment of s 116 (Pretending to be an investigator etc.) . . . . 32
42 Amendment of s 117 (Investigator to take care in acting under
authority) ................................... 33
43 Amendment of s 118 (Compensation payable by investigator) . . 33
44 Amendment of s 169 (Closing railway crossings). . . . . . . . . . . . . 34
45 Amendment of s 247 (Chief executive taken to be owner of rail
corridor land and non-rail corridor land for particular
circumstances under Planning Act) . . . . . . . . . . . . . . . . . . . . . . . 34
46 Amendment of s 249 (Railways on particular roads) . . . . . . . . . . 34
47 Amendment of s 255 (Interfering with railway) . . . . . . . . . . . . . . . 34
48 Amendment of s 260 (Works for existing railways). . . . . . . . . . . . 35
49 Amendment of s 262 (Application of Land Act 1994) . . . . . . . . . . 36
50 Amendment of s 303AB (Licence in relation to busway land or
busway transport infrastructure) . . . . . . . . . . . . . . . . . . . . . . . . . . 36
51 Insertion of new s 303AC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
303AC Compensation for licence granted under s 303AB . . . 37
52 Amendment of s 308 (Powers of chief executive for busway
transport infrastructure works contracts etc.) . . . . . . . . . . . . . . . . 38
53 Amendment of s 316 (Definition for div 4) . . . . . . . . . . . . . . . . . . 38
54 Amendment of s 352 (Definition for pt 3) . . . . . . . . . . . . . . . . . . . 39
55 Amendment of s 354 (Effect on land of light rail declaration) . . . . 39
56 Amendment of s 355A (Licence in relation to light rail land or
infrastructure) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
57 Insertion of new s 355B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
355B Compensation for licence granted under s 355A . . . . 40
58 Amendment of s 358 (Permitted construction by local
government of roads over or under light rail land) . . . . . . . . . . . . 41
59 Amendment of s 360A (Powers of chief executive for light rail
transport infrastructure works contracts etc.) . . . . . . . . . . . . . . . . 41
60 Amendment of s 364 (Definitions for div 3) . . . . . . . . . . . . . . . . . 41
61 Omission of ch 10, pt 4, div 4A, sdiv 3 (Interface management) . 42
62 Amendment of s 377R (Limited compensation for easements
etc. or damage relating to overhead wiring for a light rail) . . . . . . 42
Page 3
Transport and Other Legislation Amendment Bill 2011
Contents
63 Insertion of new ch 15A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Chapter 15A Transport interface management
475ZF Purpose of ch 15A . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
475ZG Definitions for ch 15A . . . . . . . . . . . . . . . . . . . . . . . . . 43
475ZH Meaning and scope of transport interface agreement 44
475ZI Declaration of transport interface management area . 45
475ZJ Particular persons may enter into transport interface
agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
475ZK Failure to enter into transport interface agreement . . 47
475ZL Direction about arrangement that is to apply . . . . . . . 48
475ZM Guidelines about transport interfaces etc. . . . . . . . . . 49
64 Amendment of s 477C (Concurrent subleases for declared
projects) ..................................... 50
65 Insertion of new ss 477F and 477G . . . . . . . . . . . . . . . . . . . . . . . 50
477F Watercourse crossings . . . . . . . . . . . . . . . . . . . . . . . . 50
477G Chief executive may approve compliance
management plan ........................ 51
66 Insertion of new ch 21, pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
Part 3 Validation and transitional provisions for
Transport and Other Legislation Amendment
Act 2011
578 Declaration and validation for watercourse crossings 53
579 Interfering with railway . . . . . . . . . . . . . . . . . . . . . . . . 53
580 Interface management . . . . . . . . . . . . . . . . . . . . . . . . 54
581 Internal review of approvals for interfering with railway 55
67 Amendment of sch 3 (Reviews and appeals) . . . . . . . . . . . . . . . . 55
68 Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 55
Part 10 Amendment of Transport Operations (Marine Safety) Act
1994
69 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
70 Amendment of s 63I (Restricted release of information) . . . . . . . 57
71 Insertion of new s 63J . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
63J Restricted oral release of particular information. . . . . 58
72 Amendment of s 202E (Other limitations on ordering a restricted
licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
73 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 58
Page 4
Transport and Other Legislation Amendment Bill 2011
Contents
Part 11 Amendment of Transport Operations (Passenger Transport)
Act 1994
74 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
75 Amendment of s 12 (What is operator accreditation) . . . . . . . . . . 59
76 Amendment of s 24 (What is driver authorisation) . . . . . . . . . . . . 59
77 Amendment of s 28B (Driver authorisation--category B driver
disqualifying offences) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
78 Amendment of s 35H (Restricted release of information) . . . . . . 61
79 Insertion of new s 35I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
35I Restricted oral release of particular information. . . . . 61
80 Insertion of new ch 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
Chapter 4A Taxi service bailment agreements
35J Purpose of ch 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
35K Application of ch 4A . . . . . . . . . . . . . . . . . . . . . . . . . . 62
35L What is a taxi service bailment agreement. . . . . . . . . 62
35M Accredited operator must ensure taxi service
bailment agreement entered into . . . . . . . . . . . . . . . . 62
35N Accredited operator may only enter into taxi service
bailment agreement with set pay in arrangement in
particular circumstances . . . . . . . . . . . . . . . . . . . . . . 63
35O Accredited operator must give authorised driver copy
of taxi service bailment agreement. . . . . . . . . . . . . . . 63
35P Accredited operator must keep a copy of taxi service
bailment agreement . . . . . . . . . . . . . . . . . . . . . . . . . . 64
35Q Authorised driver must not drive taxi unless taxi
service bailment agreement entered into . . . . . . . . . . 64
35R Authorised person may request particular information 64
81 Insertion of new s 101A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
101A Application of standards to light rail operators . . . . . . 65
82 Amendment of s 129Y (Definitions for pt 4B) . . . . . . . . . . . . . . . . 65
83 Amendment of s 129ZA (Court may make exclusion order). . . . . 66
84 Amendment of s 129ZB (Matters court must consider in deciding
whether to make exclusion order) . . . . . . . . . . . . . . . . . . . . . . . . 66
85 Amendment of s 129ZC (Exclusion order to be explained if
person before the court) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
86 Amendment of s 129ZD (Amendment or revocation of exclusion
order generally) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
87 Amendment of s 129ZG (Offence to contravene exclusion order) 67
88 Insertion of new ch 11, pt 4C . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
Page 5
Transport and Other Legislation Amendment Bill 2011
Contents
Part 4C Powers of court to make civil banning orders
for protecting the public or property
Division 1 Preliminary
129ZH Definitions for pt 4C . . . . . . . . . . . . . . . . . . . . . . . . . . 68
129ZI Purpose of pt 4C . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
Division 2 Orders
129ZJ What is a civil banning order . . . . . . . . . . . . . . . . . . . 69
129ZK Who may apply for a civil banning order . . . . . . . . . . 70
129ZL Application for a civil banning order . . . . . . . . . . . . . . 70
129ZM Response by respondent . . . . . . . . . . . . . . . . . . . . . . 71
129ZN Hearing of application. . . . . . . . . . . . . . . . . . . . . . . . . 71
129ZO Making a civil banning order. . . . . . . . . . . . . . . . . . . . 71
129ZP Interim civil banning order . . . . . . . . . . . . . . . . . . . . . 74
129ZQ Varying or revoking civil banning order for changes
in circumstances. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
129ZR Court may make civil banning order by consent. . . . . 77
129ZS Orders must be explained . . . . . . . . . . . . . . . . . . . . . 77
129ZT Civil banning order to be given to interested persons 78
129ZU No costs to be awarded . . . . . . . . . . . . . . . . . . . . . . . 79
129ZV No filing fee is payable . . . . . . . . . . . . . . . . . . . . . . . . 79
129ZW Standard of proof . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
129ZX General application of rules of court . . . . . . . . . . . . . 79
129ZY Interaction with criminal proceedings . . . . . . . . . . . . . 79
129ZZ Contravention of civil banning order or interim civil
banning order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
Division 3 Appeals
129ZZA Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
129ZZB Time for appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
129ZZC Starting appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
129ZZD Registrar to give respondent copies of particular
documents ......................... 83
129ZZE Stay of operation of decision . . . . . . . . . . . . . . . . . . . 83
129ZZF District Court's powers on appeal. . . . . . . . . . . . . . . . 83
129ZZG No costs on appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . 84
Division 4 Miscellaneous
129ZZH Service of documents. . . . . . . . . . . . . . . . . . . . . . . . . 84
Page 6
Transport and Other Legislation Amendment Bill 2011
Contents
129ZZI Police commissioner must provide information
relevant to applications. . . . . . . . . . . . . . . . . . . . . . . . 85
89 Amendment of s 148 (Inquiries about person's suitability to hold
accreditation or authorisation) . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
90 Insertion of new s 148BA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
148BA Obtaining information from chief executive (corrective
services) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
91 Insertion of new ch 13, pt 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
Part 11 Transitional provisions for Transport and Other
Legislation Amendment Act 2011
189 Application of amended provisions about driver
disqualifying offences in relation to driver
authorisations ........................ 88
190 Application of ch 11, pt 4B immediately before the
commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
191 Application of ch 11, pt 4C . . . . . . . . . . . . . . . . . . . . . 89
92 Amendment of sch 1 (Disqualifying offences--provisions of the
Criminal Code) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
93 Amendment of sch 1A (Driver disqualification offences) . . . . . . . 90
94 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 94
Part 12 Amendment of Transport Operations (Road Use
Management) Act 1995
95 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
96 Amendment of s 31 (Power to stop private vehicles) . . . . . . . . . . 97
97 Amendment of s 49 (Power to require documents to be
produced) ................................. 97
98 Amendment of s 77 (Restricted release of person's prescribed
authority and traffic history information) . . . . . . . . . . . . . . . . . . . . 97
99 Insertion of new s 77AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
77AA Restricted oral release of particular information. . . . . 98
100 Amendment of s 79 (Vehicle offences involving liquor or other
drugs) ................................... 98
101 Amendment of s 79A (When is a person over the limit) . . . . . . . . 101
102 Amendment of s 79B (Immediate suspension or disqualification) 101
103 Amendment of s 79E (Court may allow particular person whose
licence is suspended under s 79B to drive) . . . . . . . . . . . . . . . . . 101
104 Amendment of s 79G (When person is disqualified while section
79E order applies) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
105 Amendment of s 80 (Breath and saliva tests, and analysis and
laboratory tests) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
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Transport and Other Legislation Amendment Bill 2011
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106 Amendment of s 81 (Notices to offenders for certain first
offences) ................................... 104
107 Amendment of s 86 (Disqualification of drivers of motor vehicles
for certain offences) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
108 Amendment of s 87 (Issue of restricted licence to disqualified
person) ................................... 105
109 Amendment of s 90A (Definitions for ss 90B-90D) . . . . . . . . . . . 106
110 Amendment of s 91I (Definitions for pt 3B). . . . . . . . . . . . . . . . . . 106
111 Amendment of s 91Q (Deciding application for interlock
exemption) ................................... 107
112 Omission of s 170A (Expiry and amendment of certain
provisions) ................................ 107
113 Insertion of new ch 7, pt 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
Part 16 Transitional provision for Transport and Other
Legislation Amendment Act 2011
223 Amendment of Transport Operations (Road Use
Management--Driver Licensing) Regulation 2010. . . 108
114 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 108
Part 13 Amendment of Transport Operations (Road Use
Management--Driver Licensing) Regulation 2010
115 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
116 Amendment of s 90 (Definitions for pt 13) . . . . . . . . . . . . . . . . . . 108
Part 14 Amendment of Transport Planning and Coordination Act
1994
117 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
118 Amendment of s 27 (Power of chief executive to lease, sell or
otherwise dispose of land) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
119 Replacement of s 27A (Power of chief executive to dispose of
land subject to easement) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
27A Power of chief executive to dispose of land . . . . . . . . 109
Part 15 Amendment of Transport (Rail Safety) Act 2010
120 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
121 Amendment of s 42 (Exemption may be granted) . . . . . . . . . . . . 112
122 Amendment of s 43 (Application for exemption). . . . . . . . . . . . . . 112
123 Amendment of s 44 (What applicant must demonstrate and
conditions that may be imposed) . . . . . . . . . . . . . . . . . . . . . . . . . 112
124 Insertion of new pt 12A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
Part 12A Protection for whistleblowers
267A Application of pt 12A . . . . . . . . . . . . . . . . . . . . . . . . . 113
267B General limitation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
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Transport and Other Legislation Amendment Bill 2011
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267C Liability for conduct unaffected . . . . . . . . . . . . . . . . . . 114
125 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 114
Page 9
2011
A Bill
for
An Act to amend the Adult Proof of Age Card Act 2008, Building
Act 1975, Criminal Code, Electrical Safety Act 2002, Electricity
Act 1994, Environmental Protection Act 1994, Tow Truck Act
1973, Transport Infrastructure Act 1994, Transport Operations
(Marine Safety) Act 1994, Transport Operations (Passenger
Transport) Act 1994, Transport Operations (Road Use
Management) Act 1995, Transport Operations (Road Use
Management--Driver Licensing) Regulation 2010, Transport
Planning and Coordination Act 1994 and Transport (Rail Safety)
Act 2010 for particular purposes
Transport and Other Legislation Amendment Bill 2011
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Transport and Other Legislation 4
Amendment Act 2011. 5
Clause 2 Commencement 6
(1) The following provisions commence on a day to be fixed by 7
proclamation-- 8
� part 4 9
� section 72 10
� sections 100(1) to (10), 101 to 110, 113 and 114 11
� part 13. 12
(2) The following provisions commence on 1 August 2011-- 13
� section 77 14
� section 89 15
� section 90 16
� section 91, other than to the extent it inserts section 191. 17
(3) The following provisions commence on 1 September 2011-- 18
� section 80 19
� sections 82 to 88 20
� section 91, to the extent it inserts section 191. 21
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Transport and Other Legislation Amendment Bill 2011
Part 2 Amendment of Adult Proof of Age Card Act 2008
[s 3]
Part 2 Amendment of Adult Proof of 1
Age Card Act 2008 2
Clause 3 Act amended 3
This part amends the Adult Proof of Age Card Act 2008. 4
Clause 4 Amendment of s 30 (Restricted release of information in 5
APA register) 6
(1) Section 30, heading, after `Restricted'-- 7
insert-- 8
`written'. 9
(2) Section 30(1) and (2), after `may release'-- 10
insert-- 11
`, in writing,'. 12
Clause 5 Insertion of new s 30A 13
Part 4-- 14
insert-- 15
`30A Restricted oral release of information in APA register 16
`(1) The chief executive may orally release, to a person, 17
information kept in the APA register about the person's adult 18
proof of age card. 19
`(2) However, subsection (1) applies only if the chief executive is 20
satisfied that the person is the person to whom the information 21
relates. 22
Example for subsection (2)-- 23
The chief executive may be satisfied as required under subsection (2) if 24
a person correctly answers a series of questions, or produces a 25
document, for identifying the person.'. 26
Page 13
Transport and Other Legislation Amendment Bill 2011
Part 3 Amendment of Building Act 1975
[s 6]
Part 3 Amendment of Building Act 1
1975 2
Clause 6 Act amended 3
This part amends the Building Act 1975. 4
Clause 7 Amendment of s 246W (Definitions for ch 8B) 5
(1) Section 246W, definitions road and State-controlled road-- 6
omit. 7
(2) Section 246W-- 8
insert-- 9
`road means-- 10
(a) for a road under the control of a local government--any 11
part of the surface of the road on which motor vehicles 12
ordinarily travel; or 13
(b) a local government franchised road within the meaning 14
of the Transport Infrastructure Act. 15
State-controlled road means-- 16
(a) a road or land, or part of a road or land, declared under 17
the Transport Infrastructure Act, section 24 to be a 18
State-controlled road; or 19
(b) a franchised road within the meaning of the Transport 20
Infrastructure Act.'. 21
Clause 8 Amendment of s 246Z (Designation of transport noise 22
corridor--transport chief executive) 23
Section 246Z(2)(b), from `caused by'-- 24
omit, insert-- 25
`caused by-- 26
Page 14
Transport and Other Legislation Amendment Bill 2011
Part 4 Amendment of Criminal Code
[s 9]
(i) rolling stock operating on the railway land at the 1
distance has been measured, in a way approved by 2
the chief executive, to be at least 70db(A); or 3
(ii) traffic on the State-controlled road at the distance 4
has been measured, in a way approved by the chief 5
executive, to be at least 58db(A).'. 6
Part 4 Amendment of Criminal Code 7
Clause 9 Code amended 8
This part amends the Criminal Code. 9
Clause 10 Amendment of s 328A (Dangerous operation of a vehicle) 10
Section 328A(6), definition prescribed offence, paragraph (c), 11
after `79(1),'-- 12
insert-- 13
`(1F),'. 14
Part 5 Amendment of Electrical Safety 15
Act 2002 16
Clause 11 Act amended 17
This part amends the Electrical Safety Act 2002. 18
Clause 12 Amendment of s 7 (Application of Act to railways) 19
(1) Section 7, heading, after `railways'-- 20
insert-- 21
Page 15
Transport and Other Legislation Amendment Bill 2011
Part 6 Amendment of Electricity Act 1994
[s 13]
`and light rail'. 1
(2) Section 7, after `railway'-- 2
insert-- 3
`or light rail'. 4
Clause 13 Amendment of sch 2 (Dictionary) 5
(1) Schedule 2-- 6
insert-- 7
`light rail see the Transport Infrastructure Act 1994, schedule 8
6. 9
light rail manager, for a light rail, see the Transport 10
Infrastructure Act 1994, schedule 6.'. 11
(2) Schedule 2, definition, electricity entity, paragraph (c), `that is 12
exempted by the Electricity Act, section 20Q'-- 13
omit, insert-- 14
`, or light rail manager for a light rail, that is exempted by the 15
Electricity Act, section 20Q or 20QA,'. 16
Part 6 Amendment of Electricity Act 17
1994 18
Clause 14 Act amended 19
This part amends the Electricity Act 1994. 20
Clause 15 Insertion of new s 20QA 21
After section 20Q-- 22
insert-- 23
Page 16
Transport and Other Legislation Amendment Bill 2011
Part 6 Amendment of Electricity Act 1994
[s 16]
`20QA Exemptions for light rail franchisee and light rail 1
manager 2
`(1) A light rail franchisee for a light rail franchise agreement, or a 3
light rail manager for a light rail, is exempted from section 4
88A in relation to the supply of electricity used-- 5
(a) in connection with the building or use of electrical 6
installations and other works required under a light rail 7
franchise agreement; or 8
(b) for powering rolling stock and railway signals for a light 9
rail. 10
`(2) In this section-- 11
light rail franchisee means a franchisee for a light rail 12
franchise agreement under the Transport Infrastructure Act 13
1994, schedule 6.'. 14
Clause 16 Amendment of s 102 (Works on roads) 15
(1) Section 102-- 16
insert-- 17
`(2A) Subsection (2B) applies if the electricity entity proposes to do 18
a thing mentioned in subsection (1)(a) on a road on which 19
light rail is located. 20
`(2B) Before giving the written agreement mentioned in subsection 21
(2), the road authority must consult with the light rail operator 22
for the light rail.'. 23
(2) Section 102(3), after `The road authority'-- 24
insert-- 25
`or light rail operator for a light rail'. 26
Clause 17 Amendment of s 106 (Public entity may require electricity 27
entity to alter position of works) 28
Section 106-- 29
insert-- 30
Page 17
Transport and Other Legislation Amendment Bill 2011
Part 6 Amendment of Electricity Act 1994
[s 18]
`(3) In this section-- 1
publicly controlled place does not include a light rail.'. 2
Clause 18 Amendment of s 109 (Works impairing railway signalling 3
or communication lines) 4
Section 109-- 5
insert-- 6
`(4) In this section-- 7
railway operator includes the following-- 8
(a) light rail manager for a light rail; 9
(b) light rail operator for a light rail.'. 10
Clause 19 Amendment of s 110 (Building by railway operator of 11
signalling or communication line likely to be affected by 12
electricity entity's works etc.) 13
Section 110-- 14
insert-- 15
`(3) In this section-- 16
railway operator includes the following-- 17
(a) light rail manager for a light rail; 18
(b) light rail operator for a light rail.'. 19
Clause 20 Amendment of sch 5 (Dictionary) 20
Schedule 5-- 21
insert-- 22
`light rail see the Transport Infrastructure Act 1994, schedule 23
6. 24
light rail manager, for a light rail, see the Transport 25
Infrastructure Act 1994, schedule 6. 26
Page 18
Transport and Other Legislation Amendment Bill 2011
Part 7 Amendment of Environmental Protection Act 1994
[s 21]
light rail operator, for a light rail, see the Transport 1
Infrastructure Act 1994, schedule 6.'. 2
Part 7 Amendment of Environmental 3
Protection Act 1994 4
Clause 21 Act amended 5
This part amends the Environmental Protection Act 1994. 6
Clause 22 Amendment of sch 1 (Exclusions relating to 7
environmental nuisance or environmental harm) 8
Schedule 1, part 1, section 3-- 9
insert-- 10
`(j) an act done or omission made under an approved 11
compliance management plan under the Transport 12
Infrastructure Act 1994, section 477G.'. 13
Part 8 Amendment of Tow Truck Act 14
1973 15
Clause 23 Act amended 16
This part amends the Tow Truck Act 1973. 17
Clause 24 Amendment of s 19H (Restricted release of information) 18
(1) Section 19H, heading, after `Restricted'-- 19
insert-- 20
`written'. 21
Page 19
Transport and Other Legislation Amendment Bill 2011
Part 9 Amendment of Transport Infrastructure Act 1994
[s 25]
(2) Section 19H(1) and (2), after `may release'-- 1
insert-- 2
`, in writing,'. 3
Clause 25 Insertion of new s 19I 4
Part 3, division 3-- 5
insert-- 6
`19I Restricted oral release of particular information 7
`(1) The chief executive may orally release, to a person, 8
information kept under this Act about the person's driver's 9
certificate or assistant's certificate. 10
`(2) However, subsection (1) applies only if the chief executive is 11
satisfied that the person is the person to whom the information 12
relates. 13
Example for subsection (2)-- 14
The chief executive may be satisfied as required under subsection (2) if 15
the person correctly answers a series of questions, or produces a 16
document, for identifying the person.'. 17
Part 9 Amendment of Transport 18
Infrastructure Act 1994 19
Clause 26 Act amended 20
This part amends the Transport Infrastructure Act 1994. 21
Clause 27 Amendment of s 30 (Obligations in carrying out of works 22
or operation of roads by the chief executive) 23
Section 30, `price competitive'-- 24
Page 20
Transport and Other Legislation Amendment Bill 2011
Part 9 Amendment of Transport Infrastructure Act 1994
[s 28]
omit, insert-- 1
`value for money'. 2
Clause 28 Amendment of s 84A (Declaration of land as State toll 3
road corridor land) 4
Section 84A-- 5
insert-- 6
`(6A) If land has been declared under subsection (1) (the original 7
State toll road corridor land), the area of the original State 8
toll road corridor land may be increased by a subsequent 9
declaration of land under subsection (1) (the additional State 10
toll road corridor land). 11
`(6B) If a declaration of land under subsection (1) (the additional 12
State toll road corridor land declaration) increases the area 13
of the original State toll road corridor land-- 14
(a) subsections (4) and (5) do not apply to the additional 15
State toll road corridor land declaration; and 16
(b) for section 84C(5)(d), the terms that apply to the lease of 17
the land to the State are the terms for the lease of the 18
original State toll road corridor land applying 19
immediately before the additional State toll road 20
corridor land declaration is made; and 21
(c) the additional State toll road corridor land declaration 22
must state-- 23
(i) the lease reference number for the lease under 24
section 84C(4) of the original State toll corridor 25
land; and 26
(ii) if the additional State toll road corridor land is to 27
be added to a lease under section 84C(6) or (6A) of 28
the original State toll road corridor land--the 29
dealing number for the lease. 30
Note-- 31
For the effect of a declaration of additional State toll road corridor land 32
on leases, see sections 84C and 84CA.'. 33
Page 21
Transport and Other Legislation Amendment Bill 2011
Part 9 Amendment of Transport Infrastructure Act 1994
[s 29]
Clause 29 Amendment of s 84C (Effect on land of State toll road 1
corridor land declaration) 2
Section 84C-- 3
insert-- 4
`(10A) If the Minister makes an additional State toll road corridor 5
land declaration, this section is subject to section 84CA.'. 6
Clause 30 Insertion of new s 84CA 7
After section 84C-- 8
insert-- 9
`84CA Effect of additional State toll road corridor land 10
declaration on leases 11
`(1) This section applies if the Minister makes an additional State 12
toll road corridor land declaration. 13
`(2) For applying section 84C to the additional State toll road 14
corridor land, the following apply-- 15
(a) despite section 84C(4)-- 16
(i) the Minister administering the Land Act 1994 is 17
taken to have amended the lease of the original 18
State toll road corridor land (the amended 19
perpetual lease) under the Land Act 1994, section 20
360A, to include the additional State toll road 21
corridor land; and 22
(ii) the chief executive must lodge with the registrar of 23
titles the documents that the registrar considers 24
necessary to evidence the amended perpetual lease 25
in the leasehold land register; 26
(b) a reference in section 84C(5) to the lease is taken to be a 27
reference to the amended perpetual lease; 28
(c) a reference in section 84C(5)(c) to the State toll road 29
corridor land includes a reference to the additional State 30
toll road corridor land; 31
Page 22
Transport and Other Legislation Amendment Bill 2011
Part 9 Amendment of Transport Infrastructure Act 1994
[s 30]
(d) despite section 84C(5)(d), the terms that apply to the 1
amended perpetual lease are the terms mentioned in 2
section 84A(6B)(b); 3
(e) without limiting section 84C(6) or (6A), the additional 4
State toll road corridor land may be added to a lease 5
under the subsection of the original State toll road 6
corridor land. 7
`(3) If the additional State toll road corridor land is to be added to 8
a sublease-- 9
(a) the sublease is taken to be amended (the amended 10
sublease) to include the additional State toll road 11
corridor land; and 12
(b) a reference in section 84C(8)(b) to the State toll road 13
corridor land includes a reference to the additional State 14
toll road corridor land. 15
`(4) If the additional State toll road corridor land is to be added to 16
a sub-sublease, the sub-sublease is taken to be amended (the 17
amended sub-sublease) to include the additional State toll 18
road corridor land. 19
`(5) Also, if subsection (3) or (4) applies, the following apply-- 20
(a) the Land Act 1994, section 336(3) and (4) do not apply 21
to an amendment of the sublease or sub-sublease to 22
include the additional State toll road corridor land; 23
(b) the chief executive must lodge with the registrar of titles 24
the documents the registrar considers necessary to 25
evidence the amended sublease or amended 26
sub-sublease in the leasehold land register; 27
(c) the amended sublease or amended sub-sublease operates 28
as if it had been originally issued or executed as 29
amended. 30
`(6) For subsections (2)(a)(ii) and (5)(b), no fee is payable for 31
lodging the documents. 32
`(7) In this section-- 33
Page 23
Transport and Other Legislation Amendment Bill 2011
Part 9 Amendment of Transport Infrastructure Act 1994
[s 31]
sublease means a lease of original State toll road corridor land 1
under section 84C(6). 2
sub-sublease means a lease of original State toll road corridor 3
land under section 84C(6A).'. 4
Clause 31 Amendment of s 105GA (Declaration) 5
Section 105GA(1)-- 6
insert-- 7
`(c) land, or part of land, other than the land mentioned in 8
paragraph (a) or (b) that is-- 9
(i) mentioned in section 105H(1)(a), (b), (c), (d) or 10
(e); and 11
(ii) the subject of an approved tollway project.'. 12
Clause 32 Amendment of s 105H (Declaration of land as local 13
government tollway corridor land) 14
(1) Section 105H(1)(b), `, other than a State-controlled road'-- 15
omit. 16
(2) Section 105H(1)(d), after `paragraph (b)'-- 17
insert-- 18
`or (e)'. 19
(3) Section 105H(1)-- 20
insert-- 21
`(e) non-freehold land (including a reserve or part of a 22
reserve) under the Land Act 1994, other than land 23
mentioned in paragraph (b) on or within which road 24
transport infrastructure or rail transport infrastructure is 25
situated.'. 26
(4) Section 105H(2)-- 27
omit. 28
(5) Section 105H(3)-- 29
Page 24
Transport and Other Legislation Amendment Bill 2011
Part 9 Amendment of Transport Infrastructure Act 1994
[s 32]
omit, insert-- 1
`(3) The Minister may, by gazette notice, declare land mentioned 2
in subsection (1) to be local government tollway corridor 3
land.'. 4
(6) Section 105H(4)-- 5
omit, insert-- 6
`(4) In deciding whether to make the declaration under subsection 7
(3), the Minister must have regard to-- 8
(a) whether the local government has complied with any 9
conditions to which, under this Act, the approved 10
tollway project or the declaration of a local government 11
tollway is subject; and 12
(b) another matter the Minister considers relevant to the 13
declaration under subsection (3).'. 14
(7) Section 105H(6), (7) and (9), `(2) or'-- 15
omit. 16
(8) Section 105H-- 17
insert-- 18
`(10) If land has been declared under subsection (3) (the original 19
local government tollway corridor land), the area of the 20
original local government tollway corridor land may be 21
increased by a subsequent declaration of land under 22
subsection (3) (the additional local government tollway 23
corridor land). 24
`(11) If a declaration of land under subsection (3) (the additional 25
local government tollway corridor land declaration) 26
increases the area of the original local government tollway 27
corridor land-- 28
(a) subsections (7) and (8) do not apply to the additional 29
local government tollway corridor land declaration; and 30
(b) for section 105J(5)(d), the terms that apply to the lease 31
of the land to the State are the terms for the lease of the 32
original local government tollway corridor land 33
Page 25
Transport and Other Legislation Amendment Bill 2011
Part 9 Amendment of Transport Infrastructure Act 1994
[s 33]
applying immediately before the additional local 1
government tollway corridor land declaration is made; 2
and 3
(c) the additional local government tollway corridor land 4
declaration must state-- 5
(i) the lease reference number for the lease under 6
section 105J(4) of the original local government 7
tollway corridor land; and 8
(ii) the dealing number for the lease of the original 9
local government tollway corridor land under 10
section 105J(6); and 11
(iii) if the additional local government tollway corridor 12
land is to be added to a lease under section 105J(9) 13
or (10) of the original local government tollway 14
corridor land--the dealing number for the lease. 15
Note-- 16
For the effect of a declaration of additional local government tollway 17
corridor land on leases see sections 105J and 105JAA.'. 18
Clause 33 Amendment of s 105I (Local government tollway corridor 19
land on rail corridor land) 20
Section 105I(3), (4) and (8), `(2) or'-- 21
omit. 22
Clause 34 Amendment of s 105J (Effect on land of local government 23
tollway corridor land declaration) 24
Section 105J-- 25
insert-- 26
`(13A) If the Minister makes an additional local government tollway 27
corridor land declaration, this section is subject to section 28
105JAA.'. 29
Page 26
Transport and Other Legislation Amendment Bill 2011
Part 9 Amendment of Transport Infrastructure Act 1994
[s 35]
Clause 35 Insertion of new s 105JAA 1
After section 105J-- 2
insert-- 3
`105JAA Effect of additional local government tollway corridor 4
land declaration on leases 5
`(1) This section applies if the Minister makes an additional local 6
government tollway corridor land declaration. 7
`(2) For applying section 105J to the additional local government 8
tollway corridor land, the following apply-- 9
(a) despite section 105J(4)-- 10
(i) the Minister administering the Land Act 1994 is 11
taken to have amended the lease of the original 12
local government tollway corridor land (the 13
amended perpetual lease) under the Land Act 14
1994, section 360A, to include the additional local 15
government tollway corridor land; and 16
(ii) the chief executive must lodge with the registrar of 17
titles the documents that the registrar considers 18
necessary to evidence the amended perpetual lease 19
in the leasehold land register; 20
(b) a reference in section 105J(5) to the lease is taken to be 21
a reference to the amended perpetual lease; 22
(c) a reference in section 105J(5)(c) to the local government 23
tollway corridor land includes a reference to the 24
additional local government tollway corridor land; 25
(d) despite section 105J(5)(d), the terms that apply to the 26
amended perpetual lease are the terms mentioned in 27
section 105H(11)(b); 28
(e) despite section 105J(6), the sublease is taken to be 29
amended (the amended sublease) to include the 30
additional local government tollway corridor land; 31
(f) despite section 105J(8)(a), the terms of the amended 32
sublease are the same as the terms of the sublease 33
Page 27
Transport and Other Legislation Amendment Bill 2011
Part 9 Amendment of Transport Infrastructure Act 1994
[s 35]
immediately before the additional local government 1
tollway corridor land declaration is made; 2
(g) a reference in section 105J(8)(b) to the land includes a 3
reference to the additional local government tollway 4
corridor land; 5
(h) without limiting section 105J(9) and (10), the additional 6
local government tollway corridor land may be added to 7
a lease under the subsection of the original local 8
government tollway corridor land; 9
(i) the Land Act 1994, section 336(3) and (4) do not apply 10
to an amendment of the sublease to include the 11
additional local government tollway corridor land; 12
(j) the chief executive must lodge in the leasehold land 13
register the documents the registrar of titles considers 14
necessary to give effect to the amended sublease; 15
(k) the amended sublease operates as if it had been 16
originally issued or executed as amended. 17
`(3) If the additional local government tollway corridor land is to 18
be added to a sub-sublease-- 19
(a) the sub-sublease is taken to be amended (the amended 20
sub-sublease) to include the additional local 21
government tollway corridor land; and 22
(b) the Land Act 1994, section 336(3) and (4) do not apply 23
to an amendment of the sub-sublease to include the 24
additional local government tollway corridor land; and 25
(c) the chief executive must lodge with the registrar of titles 26
the documents the registrar considers necessary to 27
evidence the amended sub-sublease in the leasehold 28
land register; and 29
(d) the amended sub-sublease operates as if it had been 30
originally issued or executed as amended. 31
`(4) For subsections (2)(a)(ii) and (j) and (3)(c), no fee is payable 32
for lodging the documents. 33
`(5) In this section-- 34
Page 28
Transport and Other Legislation Amendment Bill 2011
Part 9 Amendment of Transport Infrastructure Act 1994
[s 36]
sublease means the lease of the original local government 1
tollway corridor land under section 105J(6). 2
sub-sublease means a lease of original local government 3
tollway corridor land under section 105J(9) or (10).'. 4
Clause 36 Amendment of s 106 (Ways of achieving objectives) 5
Section 106(b)-- 6
insert-- 7
`(iii) allow rail transport infrastructure to be constructed 8
and maintained in an effective and efficient way; 9
and 10
(iv) otherwise allow rail transport infrastructure to be 11
managed and operated in an effective and efficient 12
way; and'. 13
Clause 37 Amendment of s 108 (Purpose of pt 2) 14
Section 108(a), `railway authorisation'-- 15
omit, insert-- 16
`railway or the chief executive authorisation'. 17
Clause 38 Amendment of s 109 (Definitions for pt 2) 18
(1) Section 109, definition authority-- 19
omit. 20
(2) Section 109-- 21
insert-- 22
`authority means-- 23
(a) if the chief executive is the relevant person--the 24
authority to enter land under section 109A; or 25
(b) if an investigator is the relevant person--the 26
investigator's authority.'. 27
Page 29
Transport and Other Legislation Amendment Bill 2011
Part 9 Amendment of Transport Infrastructure Act 1994
[s 39]
relevant person means the chief executive and an 1
investigator.'. 2
Clause 39 Insertion of new s 109A 3
After section 109-- 4
insert-- 5
`109A Chief executive may enter land to investigate 6
potential rail corridor 7
`(1) The chief executive, or someone authorised in writing by the 8
chief executive, may-- 9
(a) enter and re-enter any land for the purpose of 10
investigating the land's potential and suitability as a rail 11
corridor; and 12
(b) to the extent reasonably necessary or convenient for that 13
purpose-- 14
(i) do anything on the land; or 15
(ii) bring anything onto the land; or 16
(iii) temporarily leave machinery, equipment or other 17
items on the land. 18
Examples of things the chief executive may do on the land-- 19
� conduct surveys and take soil samples 20
� clear vegetation, or otherwise disturb the land, to the extent 21
reasonably necessary 22
� construct temporary access tracks using the land or using 23
materials brought onto the land 24
`(2) Before land is entered for the first time under subsection (1), 25
the chief executive must give a written notice to the owner or 26
occupier of the land. 27
`(3) The notice must state-- 28
(a) the chief executive, or someone authorised in writing by 29
the chief executive, intends to investigate the land; and 30
Page 30
Transport and Other Legislation Amendment Bill 2011
Part 9 Amendment of Transport Infrastructure Act 1994
[s 40]
(b) a general outline of the things intended to be done on the 1
land, including, for example, the construction of any 2
temporary access track; and 3
(c) the approximate period during which the land is to be 4
entered under subsection (1); and 5
(d) the entry is not an indication of a commitment or 6
approval by the State, the chief executive or any other 7
person in relation to any proposal, and in particular, 8
does not commit the State to acquiring any land as a rail 9
corridor. 10
`(4) The chief executive may enter the land only if-- 11
(a) the owner or occupier of the land gives written consent 12
to the entry; or 13
(b) at least 7 days have passed since the notice was given. 14
`(5) In this section-- 15
land does not include a part of a place where a person 16
resides.'. 17
Clause 40 Amendment of s 115 (Investigator to issue associated 18
person with identification) 19
(1) Section 115, heading, `Investigator'-- 20
omit, insert-- 21
`Relevant person'. 22
(2) Section 115(1), (3) and (6), `an investigator'-- 23
omit, insert-- 24
`a relevant person'. 25
(3) Section 115(1), `the investigator's'-- 26
omit, insert-- 27
`the relevant person's'. 28
(4) Section 115(1), (2) and (3), `the investigator'-- 29
omit, insert-- 30
Page 31
Transport and Other Legislation Amendment Bill 2011
Part 9 Amendment of Transport Infrastructure Act 1994
[s 41]
`the relevant person'. 1
(5) Section 115-- 2
insert-- 3
`(7) If the request under subsection (4) is made of the chief 4
executive, the chief executive must immediately state the 5
chief executive's name and state the chief executive is 6
authorised to investigate the land under section 109A. 7
`(8) If the chief executive (the official), or someone authorised in 8
writing by the chief executive (also the official), investigates 9
land under section 109A and the owner or occupier of the land 10
is not present, before leaving the land, the official must leave a 11
notice in a conspicuous position and in a reasonably secure 12
way stating the following-- 13
(a) the official's name and business address or telephone 14
number; 15
(b) the action taken by the official under section 109A; 16
(c) when the action was taken. 17
`(9) In this section-- 18
`associated person, if the chief executive intends to 19
investigate land under section 109A, includes a person 20
authorised by the chief executive under section 109A.'. 21
Clause 41 Amendment of s 116 (Pretending to be an investigator 22
etc.) 23
Section 116-- 24
insert-- 25
`(c) to be the chief executive investigating land under section 26
109A; or 27
(d) to be a person authorised by the chief executive under 28
section 109A.'. 29
Page 32
Transport and Other Legislation Amendment Bill 2011
Part 9 Amendment of Transport Infrastructure Act 1994
[s 42]
Clause 42 Amendment of s 117 (Investigator to take care in acting 1
under authority) 2
(1) Section 117, heading, `Investigator'-- 3
omit, insert-- 4
`Relevant person'. 5
(2) Section 117, `An investigator'-- 6
omit, insert-- 7
`A relevant person'. 8
(3) Section 117(c), `investigator's'-- 9
omit, insert-- 10
`relevant person's'. 11
Clause 43 Amendment of s 118 (Compensation payable by 12
investigator) 13
(1) Section 118, heading, `investigator'-- 14
omit, insert-- 15
`relevant person'. 16
(2) Section 118(1), `an investigator'-- 17
omit, insert-- 18
`the relevant person'. 19
(3) Section 118(1) and (2)(b), `the investigator'-- 20
omit, insert-- 21
`the relevant person'. 22
(4) Section 118(1)(a), `investigator's'-- 23
omit, insert-- 24
`the relevant person's'. 25
(5) Section 118-- 26
insert-- 27
Page 33
Transport and Other Legislation Amendment Bill 2011
Part 9 Amendment of Transport Infrastructure Act 1994
[s 44]
`(5) In this section-- 1
associated person, if the chief executive intends to investigate 2
land under section 109A, includes a person authorised by the 3
chief executive under section 109A.'. 4
Clause 44 Amendment of s 169 (Closing railway crossings) 5
Section 169(3)-- 6
omit. 7
Clause 45 Amendment of s 247 (Chief executive taken to be owner 8
of rail corridor land and non-rail corridor land for 9
particular circumstances under Planning Act) 10
Section 247-- 11
insert-- 12
`(1A) Also, this section applies if, under the Planning Act, section 13
264, an application in relation to land that is rail corridor land 14
or non-rail corridor land is required to be supported by 15
evidence under section 264.'. 16
Clause 46 Amendment of s 249 (Railways on particular roads) 17
(1) Section 249(6), definition relevant person-- 18
insert-- 19
`(e) for a local government road--the local government.'. 20
(2) Section 249(6), definition relevant road-- 21
insert-- 22
`(e) a local government road.'. 23
Clause 47 Amendment of s 255 (Interfering with railway) 24
(1) Section 255(1), `must not interfere with a railway unless'-- 25
omit, insert-- 26
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Part 9 Amendment of Transport Infrastructure Act 1994
[s 48]
`in or on a railway corridor must not interfere with a railway 1
under the control of a railway manager unless'. 2
(2) Section 255(1)(a), `railway's manager'-- 3
omit, insert-- 4
`railway manager's'. 5
(3) Section 255(1)-- 6
insert-- 7
`(c) the interference is otherwise approved, authorised or 8
permitted under this Act or another Act.'. 9
(4) Section 255-- 10
insert-- 11
`(6) In this section-- 12
interfere with, a railway, means-- 13
(a) carry out works in or on a railway corridor; or 14
(b) otherwise interfere with the railway or its operation. 15
railway corridor means-- 16
(a) land subleased to a railway manager under section 240; 17
or 18
(b) commercial corridor land; or 19
(c) future railway land under the control of a railway 20
manager; or 21
(d) land described in schedule 4; or 22
Note-- 23
See section 241 (Railway tunnel easements). 24
(e) a railway crossing.'. 25
Clause 48 Amendment of s 260 (Works for existing railways) 26
(1) Section 260(4)-- 27
insert-- 28
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[s 49]
`(c) construct or maintain works for a change of use of the 1
neighbouring land by its owner or occupier.'. 2
(2) Section 260(13)-- 3
insert-- 4
`change of use, of the neighbouring land, means a change of 5
the use (the new use) of the land, if the new use would result 6
in works that would have been required to be carried out under 7
this section in relation to the previous use of the land being 8
insufficient for the convenient new use of the land.'. 9
Clause 49 Amendment of s 262 (Application of Land Act 1994) 10
(1) Section 262, `land, non-rail corridor land or a lease granted 11
under the lease'-- 12
omit, insert-- 13
`land or non-rail corridor land, or a lease granted under the 14
lease, or a concurrent sublease'. 15
(2) Section 262-- 16
insert-- 17
`(2) In this section-- 18
concurrent sublease means concurrent sublease granted 19
under section 477C(1) of all or part of land relating to a 20
declared project mentioned in the Infrastructure Investment 21
(Asset Restructuring and Disposal) Act 2009, section 5(1)(c) 22
or (d).'. 23
Clause 50 Amendment of s 303AB (Licence in relation to busway 24
land or busway transport infrastructure) 25
(1) Section 303AB-- 26
insert-- 27
`(3A) If a licence granted under subsection (1) in relation to busway 28
land is cancelled or surrendered, the registrar of titles must 29
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[s 51]
record the cancellation or surrender against the land in the 1
appropriate register.'. 2
(2) Section 303AB(8)-- 3
omit, insert-- 4
`(8) To remove any doubt, it is declared that the Land Act 1994 5
does not apply to the grant of a licence under this section. 6
`(9) In this section-- 7
busway land includes private agreement land or State land-- 8
(a) on which busway transport infrastructure is, or is 9
proposed to be, situated; or 10
(b) required for the construction of busway transport 11
infrastructure works. 12
private agreement land means land-- 13
(a) held by a person other than the State; and 14
(b) that is the subject of an agreement-- 15
(i) in relation to busway transport infrastructure 16
between the person and the State; and 17
(ii) providing for the granting of a licence under this 18
section.'. 19
Clause 51 Insertion of new s 303AC 20
After section 303AB-- 21
insert-- 22
`303AC Compensation for licence granted under s 303AB 23
`(1) This section applies if the chief executive grants a licence for 24
a purpose under section 303AB (a relevant activity) in 25
relation to busway land or busway transport infrastructure 26
under that section. 27
`(2) An owner or occupier of the land or infrastructure may claim 28
compensation from the chief executive for loss or damage 29
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[s 52]
caused by a relevant activity, including by the taking or 1
consumption of materials. 2
`(3) However, compensation is payable only if written notice of 3
the claim or proposed claim is given to the chief executive-- 4
(a) after the loss or damage happens, but within 1 year after 5
the relevant activity ends; or 6
(b) at a later time allowed by the chief executive. 7
`(4) In the absence of agreement between the owner or occupier 8
and the chief executive about the payment of compensation, 9
payment of compensation may be claimed and ordered in a 10
proceeding brought in the Land Court. 11
`(5) The Land Court may order compensation to be paid only if it 12
is satisfied it is just to make the order in the circumstances of 13
the particular case. 14
`(6) Compensation paid under this section for loss or damage 15
caused to land must not be more than the compensation that 16
would have been awarded if the land had been acquired under 17
the Acquisition of Land Act 1967.'. 18
Clause 52 Amendment of s 308 (Powers of chief executive for 19
busway transport infrastructure works contracts etc.) 20
Section 308(7), `price competitive'-- 21
omit, insert-- 22
`value for money'. 23
Clause 53 Amendment of s 316 (Definition for div 4) 24
(1) Section 316, definition busway land, from `land--' to `on 25
which'-- 26
omit, insert-- 27
`land that is State land, or private agreement land, on which'. 28
(2) Section 316-- 29
insert-- 30
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[s 54]
`(2) In this section-- 1
private agreement land means land-- 2
(a) held by a person other than the State; and 3
(b) that is subject to an agreement for public utility plant on 4
the land, between the person and the State.'. 5
Clause 54 Amendment of s 352 (Definition for pt 3) 6
Section 352, definition road, paragraph (b), after `road'-- 7
insert-- 8
`or local government road'. 9
Clause 55 Amendment of s 354 (Effect on land of light rail 10
declaration) 11
Section 354(5)-- 12
omit, insert-- 13
`(5) The Minister administering the Land Act 1994-- 14
(a) is taken to have leased the light rail land to the State 15
under the Land Act 1994, section 17(2) when the 16
declaration is made; and 17
(b) must lodge a document evidencing the lease in the 18
leasehold land register.'. 19
Clause 56 Amendment of s 355A (Licence in relation to light rail 20
land or infrastructure) 21
(1) Section 355A-- 22
insert-- 23
`(3A) If a licence granted under subsection (1) in relation to light 24
rail land is cancelled or surrendered, the registrar of titles must 25
record the cancellation or surrender against the land in the 26
appropriate register.'. 27
(2) Section 355AB(8)-- 28
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Transport and Other Legislation Amendment Bill 2011
Part 9 Amendment of Transport Infrastructure Act 1994
[s 57]
omit, insert-- 1
`(8) To remove any doubt, it is declared that the Land Act 1994 2
does not apply to the grant of a licence under this section. 3
`(9) In this section-- 4
light rail land includes private agreement land or State land-- 5
(a) on which light rail transport infrastructure is, or is 6
proposed to be, situated; or 7
(b) required for the construction of light rail transport 8
infrastructure works. 9
private agreement land means land-- 10
(a) held by a person other than the State; and 11
(b) that is the subject of an agreement-- 12
(i) in relation to light rail transport infrastructure 13
between the person and the State; and 14
(ii) providing for the grant of a licence under this 15
section.'. 16
Clause 57 Insertion of new s 355B 17
After section 355A-- 18
insert-- 19
`355B Compensation for licence granted under s 355A 20
`(1) This section applies if the chief executive grants a licence for 21
a purpose under section 355A (a relevant activity) in relation 22
to light rail land or light rail transport infrastructure under that 23
section. 24
`(2) An owner or occupier of the land or infrastructure may claim 25
compensation from the chief executive for loss or damage 26
caused by a relevant activity, including by the taking or 27
consumption of materials. 28
`(3) However, compensation is payable only if written notice of 29
the claim or proposed claim is given to the chief executive-- 30
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Transport and Other Legislation Amendment Bill 2011
Part 9 Amendment of Transport Infrastructure Act 1994
[s 58]
(a) after the loss or damage happens, but within 1 year after 1
the relevant activity ends; or 2
(b) at a later time allowed by the chief executive. 3
`(4) In the absence of agreement between the owner or occupier 4
and the chief executive about the payment of compensation, 5
payment of compensation may be claimed and ordered in a 6
proceeding brought in the Land Court. 7
`(5) The Land Court may order compensation to be paid only if it 8
is satisfied it is just to make the order in the circumstances of 9
the particular case. 10
`(6) Compensation paid under this section for loss or damage 11
caused to land must not be more than the compensation that 12
would have been awarded if the land had been acquired under 13
the Acquisition of Land Act 1967.'. 14
Clause 58 Amendment of s 358 (Permitted construction by local 15
government of roads over or under light rail land) 16
Section 358(7)-- 17
omit. 18
Clause 59 Amendment of s 360A (Powers of chief executive for light 19
rail transport infrastructure works contracts etc.) 20
Section 360A(7), `price competitive'-- 21
omit, insert-- 22
`value for money'. 23
Clause 60 Amendment of s 364 (Definitions for div 3) 24
(1) Section 364, definition light rail land, from `land--' to `on 25
which'-- 26
omit, insert-- 27
`land that is State land, or private agreement land, on which'. 28
(2) Section 364-- 29
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Transport and Other Legislation Amendment Bill 2011
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[s 61]
insert-- 1
`(2) In this section-- 2
private agreement land means land-- 3
(a) held by a person other than the State; and 4
(b) that is subject to an agreement, in relation to public 5
utility plant, between the person and the State.'. 6
Clause 61 Omission of ch 10, pt 4, div 4A, sdiv 3 (Interface 7
management) 8
Chapter 10, part 4, division 4A, subdivision 3-- 9
omit. 10
Clause 62 Amendment of s 377R (Limited compensation for 11
easements etc. or damage relating to overhead wiring for 12
a light rail) 13
Section 377R(9), definition light rail overhead wiring 14
damage, `damage caused by the construction of'-- 15
omit, insert-- 16
`physical damage caused by the construction of, or affixation 17
of attachments for,'. 18
Clause 63 Insertion of new ch 15A 19
After section 475ZE-- 20
insert-- 21
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Transport and Other Legislation Amendment Bill 2011
Part 9 Amendment of Transport Infrastructure Act 1994
[s 63]
`Chapter 15A Transport interface 1
management 2
`475ZF Purpose of ch 15A 3
`The purpose of this chapter is to provide for a regime for 4
dealing with transport interface issues in transport interface 5
management areas. 6
`475ZG Definitions for ch 15A 7
`In this chapter-- 8
transport interface means an interface between-- 9
(a) a transport interface object; and 10
(b) either or both of the following-- 11
(i) a thing (including a building, another structure or 12
road) that is in the immediate vicinity of, or 13
otherwise affects or is affected by, the transport 14
interface object; 15
(ii) a place (including a building, another structure or 16
road) at, on or in which an activity that affects or is 17
affected by the transport interface object is carried 18
out. 19
transport interface agreement see section 475ZH. 20
transport interface issue means an issue that arises because of 21
a transport interface. 22
Examples of issues that may be transport interface issues-- 23
� access to a thing located partly on land owned or occupied by 24
someone else 25
� access to a thing that can only be accessed for a particular purpose 26
(for example, maintenance) by entering land owned or occupied by 27
someone else 28
� shared responsibility for safety and maintenance of shared facilities 29
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Transport and Other Legislation Amendment Bill 2011
Part 9 Amendment of Transport Infrastructure Act 1994
[s 63]
� disruption of, or delays in, carrying out activities at a place caused 1
by the presence of a thing, or carrying out of activities, at an 2
adjacent or nearby place 3
transport interface management area means land or part of 4
land declared as a transport interface management area under 5
section 475ZI. 6
transport interface object means any of the following-- 7
(a) a busway; 8
(b) busway land; 9
(c) busway transport infrastructure; 10
(d) busway transport infrastructure works; 11
(e) light rail; 12
(f) light rail land; 13
(g) light rail transport infrastructure; 14
(h) light rail transport infrastructure works. 15
`475ZH Meaning and scope of transport interface agreement 16
`(1) A transport interface agreement is an agreement that 17
provides for the following-- 18
(a) identifying transport interface issues for the transport 19
interface covered by the agreement; 20
(b) measures for managing the identified transport interface 21
issues, and implementing the measures; 22
(c) the evaluation, testing and, if necessary, revision of the 23
measures mentioned in paragraph (b); 24
(d) the roles and responsibilities of each party to the 25
agreement in relation to the measures mentioned in 26
paragraph (b); 27
(e) the procedures by which each party will monitor 28
compliance with the obligations under the agreement; 29
(f) a process for keeping the agreement under review and 30
how any review will be conducted and implemented; 31
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Transport and Other Legislation Amendment Bill 2011
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[s 63]
(g) enforcing rights or obligations under the agreement, 1
including, for example, a dispute resolution process. 2
`(2) A transport interface agreement-- 3
(a) may provide for a matter by applying, adopting or 4
incorporating a matter contained in another document 5
(with or without modification); and 6
(b) may consist of 2 or more documents. 7
`(3) A transport interface agreement must be consistent with-- 8
(a) the objectives of this Act mentioned in section 2; and 9
(b) the objectives of other transport laws. 10
`475ZI Declaration of transport interface management area 11
`(1) The chief executive may, by gazette notice, declare land or 12
part of land to be a transport interface management area if-- 13
(a) there is a transport interface on the land or part; and 14
(b) the chief executive reasonably believes-- 15
(i) the transport interface creates or is likely to create 16
transport interface issues; and 17
(ii) transport interface arrangements should be in place 18
to deal with the transport interface issues or 19
potential transport interface issues. 20
`(2) Before making the declaration, the chief executive must-- 21
(a) give the persons the chief executive considers may be 22
affected by the declaration written notice of the chief 23
executive's proposal to make the declaration; and 24
Example of a person who may be affected by the declaration-- 25
a person who owns, manages, controls or is otherwise 26
responsible for a thing or place in relation to which the transport 27
interface issues or potential transport interface issues exist 28
(b) give the persons a reasonable opportunity to make 29
submissions to the chief executive in relation to the 30
proposed declaration; and 31
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Transport and Other Legislation Amendment Bill 2011
Part 9 Amendment of Transport Infrastructure Act 1994
[s 63]
(c) have regard to any submissions made by the persons. 1
`(3) Land declared to be a transport interface management area 2
must be-- 3
(a) identified specifically in the gazette notice; or 4
(b) identified generally in the gazette notice, and identified 5
specifically in documents described in the gazette notice 6
and available for perusal at an office of the department 7
mentioned in the gazette notice. 8
`(4) The identification of land declared to be a transport interface 9
management area may, but need not, be by reference to strata 10
occupied by the land. 11
`(5) In this section-- 12
transport interface arrangements means-- 13
(a) transport interface agreements; or 14
(b) arrangements under section 475ZL. 15
`475ZJ Particular persons may enter into transport interface 16
agreement 17
`(1) This section applies if-- 18
(a) there is a transport interface; and 19
(b) a person (first person) owns, manages, controls or is 20
otherwise responsible for a transport interface object the 21
subject of the transport interface; and 22
Examples of a person for paragraph (b)-- 23
the chief executive, light rail franchisee, light rail manager 24
(c) another person (second person) owns, manages, 25
controls or is otherwise responsible for a relevant thing 26
or place in relation to the transport interface; and 27
Examples of persons for paragraph (c)-- 28
owner or occupier, a local government, chief executive, public 29
utility plant provider 30
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Transport and Other Legislation Amendment Bill 2011
Part 9 Amendment of Transport Infrastructure Act 1994
[s 63]
(d) the transport interface is in a transport interface 1
management area. 2
`(2) The first person and second person may enter into a transport 3
interface agreement for the transport interface. 4
`(3) In this section-- 5
relevant thing or place, in relation to a transport interface, 6
means a thing or place mentioned in section 475ZG, definition 7
transport interface, paragraph (b)(i) or (ii). 8
`475ZK Failure to enter into transport interface agreement 9
`(1) This section applies if the chief executive is satisfied-- 10
(a) that, under section 475ZJ, a person is seeking to enter 11
into a transport interface agreement with another person 12
and the agreement has not been entered into because the 13
other person-- 14
(i) is unreasonably refusing or failing to enter into a 15
transport interface agreement with the person; or 16
(ii) is unreasonably delaying the negotiation of a 17
transport interface agreement with the person; or 18
(b) that-- 19
(i) section 475ZJ applies in relation to persons for a 20
transport interface in a transport interface 21
management area; and 22
(ii) the persons have not made a reasonable attempt to 23
enter into a transport interface agreement for the 24
interface; and 25
(iii) it has been at least 60 days after the declaration of 26
the transport interface management area. 27
`(2) The chief executive may give the persons mentioned in 28
subsection (1)(a) or (b) a written notice (a preliminary notice) 29
that-- 30
(a) states the chief executive's powers under this chapter, 31
including that the chief executive may give a direction 32
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Transport and Other Legislation Amendment Bill 2011
Part 9 Amendment of Transport Infrastructure Act 1994
[s 63]
under section 475ZL at any time after a stated date that 1
is at least 28 days after the preliminary notice is given; 2
and 3
(b) includes copies of this section and section 475ZL; and 4
(c) identifies the transport interface issues that the chief 5
executive reasonably considers should be dealt with by a 6
transport interface agreement between the persons. 7
`(3) The preliminary notice may contain suggested terms for 8
inclusion in a transport interface agreement to deal with the 9
transport interface issues mentioned in subsection (2)(c). 10
`(4) The chief executive may, by written notice, ask a person to 11
whom a preliminary notice was given for information the 12
chief executive reasonably requires for giving a direction 13
under section 475ZL. 14
`(5) A person to whom a written notice is given under subsection 15
(4) must comply with the notice, unless the person has a 16
reasonable excuse. 17
Maximum penalty for subsection (5)--60 penalty units. 18
`475ZL Direction about arrangement that is to apply 19
`(1) This section applies if-- 20
(a) the chief executive gives persons a preliminary notice 21
under section 475ZK; and 22
(b) the persons have not entered into a transport interface 23
agreement to deal with the transport interface issues 24
identified in the preliminary notice by the date stated in 25
the preliminary notice. 26
`(2) The chief executive may-- 27
(a) decide the arrangements that are to apply in relation to 28
the transport interface issues identified in the 29
preliminary notice; and 30
(b) direct the persons to implement the arrangements by a 31
stated date. 32
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Transport and Other Legislation Amendment Bill 2011
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[s 63]
`(3) A direction under subsection (2)(b) may be given at any time 1
after a day that is at least 28 days after the preliminary notice 2
is given. 3
`(4) A direction given under subsection (2)(b) must be written and 4
state the following-- 5
(a) the arrangements decided by the chief executive that are 6
to apply in relation to the transport interface issues 7
identified in the preliminary notice; 8
(b) the date by which the arrangements must be 9
implemented. 10
`(5) A person to whom a direction is given under subsection (2)(b) 11
must comply with the direction, unless the person has a 12
reasonable excuse. 13
Maximum penalty for subsection (5)--200 penalty units. 14
`475ZM Guidelines about transport interfaces etc. 15
`(1) The chief executive may make guidelines about the 16
following-- 17
(a) how persons may identify transport interface issues that 18
may affect them; 19
(b) measures that may be implemented to deal with 20
particular transport interface issues; 21
(c) standard terms that may be included in transport 22
interface agreements. 23
`(2) The chief executive must-- 24
(a) publish the guidelines, and the provisions of any 25
document applied, adopted or incorporated by the 26
guidelines, on the department's website; and 27
Editor's note-- 28
On the day of the commencement of this section the guidelines, 29
and the provisions of any document applied, adopted or 30
incorporated by the guidelines, are available on the department's 31
website at . 32
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Transport and Other Legislation Amendment Bill 2011
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[s 64]
(b) make copies of the guidelines, and the provisions of any 1
document applied, adopted or incorporated by the 2
guidelines, available for inspection-- 3
(i) without charge; and 4
(ii) during normal business hours; and 5
(iii) at the places the chief executive considers 6
appropriate.'. 7
Clause 64 Amendment of s 477C (Concurrent subleases for 8
declared projects) 9
After section 477C(1)-- 10
insert-- 11
`Note-- 12
See section 262 for the application of particular provisions of the Land 13
Act 1994 to a concurrent sublease granted under this section of all or 14
part of land relating to a declared project mentioned in the Infrastructure 15
Investment (Asset Restructuring and Disposal) Act 2009, section 5(1)(c) 16
or (d).'. 17
Clause 65 Insertion of new ss 477F and 477G 18
After section 477E-- 19
insert-- 20
`477F Watercourse crossings 21
`(1) Subject to this or another Act, the chief executive may-- 22
(a) survey and resurvey a watercourse crossing; and 23
(b) construct, augment, improve, maintain, operate and 24
replace a watercourse crossing; and 25
(c) name and number a watercourse crossing. 26
`(2) In this section-- 27
transport infrastructure includes active transport 28
infrastructure within the meaning of the Transport Planning 29
and Coordination Act 1994, section 8A(3). 30
Page 50
Transport and Other Legislation Amendment Bill 2011
Part 9 Amendment of Transport Infrastructure Act 1994
[s 65]
watercourse means land that is the property of the State under 1
the Land Act 1994, section 9 or 13A(1) or (2). 2
Editor's note-- 3
Land Act 1994, sections 9 (Land adjacent to tidal boundary or right line 4
tidal boundary owned by State) and 13A (Land adjacent to non-tidal 5
boundary (watercourse) or non-tidal boundary (lake) owned by State) 6
watercourse crossing-- 7
(a) means transport infrastructure that is, or is proposed to 8
be, situated over, under, on or in a watercourse; but 9
(b) does not include river crossings under the City of 10
Brisbane Act 2010, section 77. 11
`477G Chief executive may approve compliance 12
management plan 13
`(1) This section applies if the chief executive grants, or proposes 14
to grant, a licence to a person (the relevant person). 15
`(2) The chief executive may ask, or give consent to, the relevant 16
person to submit a plan (a compliance management plan) 17
addressing 1 or more compliance matters for the licence. 18
`(3) If subsection (2) applies, the relevant person may submit to 19
the chief executive a compliance management plan for the 20
compliance matter. 21
`(4) A compliance management plan may apply, adopt or 22
incorporate another plan or a part of another plan. 23
Example of a plan-- 24
a plan for the construction or scheduling of works 25
`(5) The chief executive may approve a compliance management 26
plan for a compliance matter only if the chief executive-- 27
(a) has consulted the relevant agency; and 28
(b) is satisfied the compliance matter is adequately 29
addressed in the compliance management plan. 30
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Transport and Other Legislation Amendment Bill 2011
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[s 65]
`(6) If the chief executive approves the compliance management 1
plan, the chief executive must give written notice to the 2
relevant person stating-- 3
(a) that the plan is approved; and 4
(b) the date the approved compliance management plan 5
takes effect and the date the approved compliance 6
management plan expires; and 7
(c) the compliance matters addressed in the approved 8
compliance management plan (the approved 9
compliance matters). 10
`(7) If the relevant person complies with the approved compliance 11
management plan, the relevant person is taken to have met the 12
requirements for the approved compliance matters under the 13
relevant laws. 14
`(8) In this section-- 15
address, a compliance matter, means demonstrate how the 16
purpose of the relevant law will be satisfied in relation to the 17
compliance matter. 18
approval, under a relevant law for a compliance matter, 19
includes an authorisation or permit. 20
compliance matter, for a licence, means a matter-- 21
(a) regulated by an Act; and 22
(b) relating to the construction or establishment of the 23
transport infrastructure under the licence. 24
Examples-- 25
� the closure of a road, to facilitate construction activities, for which 26
an order may be obtained under the Transport Operations (Road 27
Use Management) Act 1995 or a local law 28
� construction activities emitting dust, light, noise or odour, to which 29
standards apply under the Environmental Protection Act 1994 or a 30
local law 31
licence means a licence to construct or establish transport 32
infrastructure granted under this Act. 33
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Transport and Other Legislation Amendment Bill 2011
Part 9 Amendment of Transport Infrastructure Act 1994
[s 66]
relevant agency, for a compliance matter, means an entity 1
administering a relevant law for the compliance matter. 2
Examples-- 3
the chief executive of a department or a local government 4
relevant law, for a compliance matter, means a law-- 5
(a) under which approval is required for the compliance 6
matter; or 7
(b) under which a standard applies for the compliance 8
matter; or 9
(c) that provides for a relevant agency for the compliance 10
matter to enforce compliance with the relevant law; or 11
(d) that otherwise regulates the compliance matter.'. 12
Clause 66 Insertion of new ch 21, pt 3 13
Chapter 21-- 14
insert-- 15
`Part 3 Validation and transitional 16
provisions for Transport and 17
Other Legislation Amendment 18
Act 2011 19
`578 Declaration and validation for watercourse crossings 20
`It is declared that the chief executive has, and always had, the 21
powers conferred on the chief executive under section 477F. 22
`579 Interfering with railway 23
`Section 255 as in force on the commencement of this section 24
applies to an approval sought but not finally decided before 25
the commencement. 26
Page 53
Transport and Other Legislation Amendment Bill 2011
Part 9 Amendment of Transport Infrastructure Act 1994
[s 66]
`580 Interface management 1
`(1) A declaration of a light rail interface management area under 2
repealed section 377L that is in effect immediately before the 3
commencement is taken to be a transport interface 4
management area declared under section 475ZI. 5
`(2) A written notice given under repealed section 377L(2)(a) 6
before the commencement is taken to be a written notice given 7
under 475ZI(2)(a). 8
`(3) A submission made under repealed section 377L(2)(b) before 9
the commencement is taken to be a submission made under 10
475ZI(2)(b). 11
`(4) A light rail interface agreement within the meaning of 12
repealed section 377K that is in force immediately before the 13
commencement is taken to be a transport interface agreement 14
under chapter 15A. 15
`(5) A preliminary notice given under repealed section 377N(3) 16
before the commencement is taken to be a preliminary notice 17
given under 475ZK(2). 18
`(6) A written notice given under repealed section 377N(5) before 19
the commencement is taken to be a written notice given under 20
475ZK(4). 21
`(7) A direction given under repealed section 377O(2)(b) before 22
the commencement is taken to be a direction given under 23
475ZL(2)(b). 24
`(8) A guideline made under repealed section 377P(1) before the 25
commencement is taken to be a guideline made under 26
475ZM(1). 27
`(9) In this section-- 28
commencement means commencement of this section. 29
repealed, in relation to a provision of this Act, means the 30
provision as it was in force from time to time before the 31
commencement. 32
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Transport and Other Legislation Amendment Bill 2011
Part 9 Amendment of Transport Infrastructure Act 1994
[s 67]
`581 Internal review of approvals for interfering with railway 1
`(1) This section applies to a railway manager's refusal, on or after 2
the commencement of this section, to approve an interference 3
with a railway under section 255(1)(a). 4
`(2) For section 485, the refusal is an original decision even if the 5
approval was first sought before the commencement of this 6
section.'. 7
Clause 67 Amendment of sch 3 (Reviews and appeals) 8
Schedule 3-- 9
insert-- 10
`255(1)(a) refusal to approve interference with QCAT
railway
255(2) imposition of a condition QCAT'.
Clause 68 Amendment of sch 6 (Dictionary) 11
(1) Schedule 6, definitions interfere with a railway, light rail 12
interface, light rail interface agreement, light rail interface 13
issue, light rail interface management area and relevant 14
person-- 15
omit. 16
(2) Schedule 6-- 17
insert-- 18
`additional local government tollway corridor land, for 19
chapter 6, part 8, division 3, see section 105H(10). 20
additional local government tollway corridor land 21
declaration, for chapter 6, part 8, division 3, see section 22
105H(11). 23
additional State toll road corridor land, for chapter 6, part 6, 24
division 2, see section 84A(6A). 25
additional State toll road corridor land declaration, for 26
chapter 6, part 6, division 2, see section 84A(6B). 27
Page 55
Transport and Other Legislation Amendment Bill 2011
Part 9 Amendment of Transport Infrastructure Act 1994
[s 68]
appropriate register see the Land Act 1994, schedule 6. 1
dealing number, for a lease under section 84C(6) or (6A) or 2
105J(6), (9) or (10), means a number assigned to the lease by 3
the registrar of titles. 4
lease reference number, for a lease mentioned in section 5
84C(4) or 105J(4), means the number for the lease recorded 6
by the registrar of titles in the leasehold land register. 7
light rail operator, for a light rail, means a person who is 8
accredited, as a rail transport operator in relation to railway 9
operations for light rail, under the Rail Safety Act. 10
original local government tollway corridor land, for chapter 11
6, part 8, division 3, see section 105H(10). 12
original State toll road corridor land, for chapter 6, part 6, 13
division 2, see section 84A(6A). 14
railway crossing means a level crossing, bridge or another 15
structure used to cross over or under a railway. 16
relevant person-- 17
(a) for chapter 7, part 2, see section 109; or 18
(b) for chapter 13, see section 438. 19
State land means any of the following-- 20
(a) unallocated State land; 21
(b) a road, including a State-controlled road and local 22
government road; 23
(c) trust land under the Land Act 1994; 24
(d) lease land under the Land Act 1994; 25
(e) a watercourse crossing; 26
(f) land otherwise held by or vested in the State. 27
transport interface, for chapter 15A, see section 475ZG. 28
transport interface agreement, for chapter 15A, see section 29
475ZG. 30
Page 56
Transport and Other Legislation Amendment Bill 2011
Part 10 Amendment of Transport Operations (Marine Safety) Act 1994
[s 69]
transport interface issue, for chapter 15A, see section 1
475ZG. 2
transport interface management area, for chapter 15A, see 3
section 475ZG. 4
transport interface object, for chapter 15A, see section 5
475ZG. 6
watercourse crossing see section 477F.'. 7
(3) Schedule 6, definition light rail land, paragraph 2(b)-- 8
omit. 9
(4) Schedule 6, definition light rail manager, `an accredited'-- 10
omit, insert-- 11
`accredited under the Rail Safety Act as a'. 12
(5) Schedule 6, definition rolling stock, `and light rail vehicle'-- 13
omit. 14
(6) Schedule 6, definition rolling stock, `or light rail'-- 15
omit. 16
Part 10 Amendment of Transport 17
Operations (Marine Safety) Act 18
1994 19
Clause 69 Act amended 20
This part amends the Transport Operations (Marine Safety) 21
Act 1994. 22
Clause 70 Amendment of s 63I (Restricted release of information) 23
(1) Section 63I, heading, after `Restricted'-- 24
insert-- 25
Page 57
Transport and Other Legislation Amendment Bill 2011
Part 10 Amendment of Transport Operations (Marine Safety) Act 1994
[s 71]
`written'. 1
(2) Section 63I(1) and (2), after `may release'-- 2
insert-- 3
`, in writing,'. 4
(3) Section 63I(7)-- 5
omit. 6
Clause 71 Insertion of new s 63J 7
Part 5, division 3B-- 8
insert-- 9
`63J Restricted oral release of particular information 10
`(1) The chief executive may orally release, to a person, 11
information kept under this Act about the person's marine 12
licence or marine history. 13
`(2) However, subsection (1) applies only if the chief executive is 14
satisfied that the person is the person to whom the information 15
relates. 16
Example for subsection (2)-- 17
The chief executive may be satisfied as required under subsection (2) if 18
the person correctly answers a series of questions, or produces a 19
document, for identifying the person.'. 20
Clause 72 Amendment of s 202E (Other limitations on ordering a 21
restricted licence) 22
Section 202E(2)(d)(i), `79(2)'-- 23
omit, insert-- 24
`79(1F) or (2)'. 25
Clause 73 Amendment of schedule (Dictionary) 26
Schedule-- 27
insert-- 28
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Transport and Other Legislation Amendment Bill 2011
Part 11 Amendment of Transport Operations (Passenger Transport) Act 1994
[s 74]
`marine history, of a person, means the history of the 1
contraventions for which the person has been dealt with under 2
this Act or the Transport Operations (Marine Pollution) Act 3
1995.'. 4
Part 11 Amendment of Transport 5
Operations (Passenger 6
Transport) Act 1994 7
Clause 74 Act amended 8
This part amends the Transport Operations (Passenger 9
Transport) Act 1994. 10
Clause 75 Amendment of s 12 (What is operator accreditation) 11
Section 12(2)(a), `by a railway operator;'-- 12
omit, insert-- 13
`by-- 14
(i) a railway operator; or 15
(ii) a light rail operator for a light rail;'. 16
Clause 76 Amendment of s 24 (What is driver authorisation) 17
Section 24(2)(a), `by a railway operator;'-- 18
omit, insert-- 19
`by-- 20
(i) a railway operator; or 21
(ii) a light rail operator for a light rail;'. 22
Page 59
Transport and Other Legislation Amendment Bill 2011
Part 11 Amendment of Transport Operations (Passenger Transport) Act 1994
[s 77]
Clause 77 Amendment of s 28B (Driver authorisation--category B 1
driver disqualifying offences) 2
(1) Section 28B-- 3
insert-- 4
`(3A) Subsection (4) applies only if the person has been convicted 5
of a category B driver disqualifying offence that is also a 6
serious offence or disqualifying offence under the CCYPCG 7
Act to the extent that any qualification under the CCYPCG 8
Act applies to the serious offence or disqualifying offence. 9
`(4A) For subsection (4), the chief executive may give to the 10
children's commissioner the information, including any 11
written representations mentioned under subsection (3)(c), the 12
chief executive reasonably considers necessary for the 13
children's commissioner to consider whether an exceptional 14
case exists. 15
`(4B) Also for subsection (4), the chief executive is taken to have 16
made the request under that subsection if the chief executive 17
obtains confirmation, using the online validation service on 18
the website of the children's commission, that a person is the 19
holder of a current positive notice under the CCYPCG Act. 20
`(5A) However, if subsection (4B) applies, the children's 21
commissioner is taken to have advised the chief executive that 22
the children's commissioner considers that an exceptional 23
case exists. 24
Editor's note-- 25
On the commencement of this section, the online validation of a positive 26
notice can be accessed on the children's commission website at 27
.'. 28
(2) Section 28B(6), after `exclusion action'-- 29
insert-- 30
`if the children's commissioner's advice was requested under 31
subsection (4)'. 32
(3) Section 28B-- 33
insert-- 34
Page 60
Transport and Other Legislation Amendment Bill 2011
Part 11 Amendment of Transport Operations (Passenger Transport) Act 1994
[s 78]
`(9) In this section-- 1
children's commission means the Commission for Children 2
and Young People and Child Guardian under the CCYPCG 3
Act.'. 4
Clause 78 Amendment of s 35H (Restricted release of information) 5
(1) Section 35H, heading, after `Restricted'-- 6
insert-- 7
`written'. 8
(2) Section 35H(1) and (2), after `may release'-- 9
insert-- 10
`, in writing,'. 11
Clause 79 Insertion of new s 35I 12
Chapter 4, part 3-- 13
insert-- 14
`35I Restricted oral release of particular information 15
`(1) The chief executive may orally release, to a person, 16
information kept under this Act about the person's driver 17
authorisation. 18
`(2) However, subsection (1) applies only if the chief executive is 19
satisfied that the person is the person to whom the information 20
relates. 21
Example for subsection (2)-- 22
The chief executive may be satisfied as required under subsection (2) if 23
the person correctly answers a series of questions, or produces a 24
document, for identifying the person.'. 25
Clause 80 Insertion of new ch 4A 26
After chapter 4, part 3-- 27
insert-- 28
Page 61
Transport and Other Legislation Amendment Bill 2011
Part 11 Amendment of Transport Operations (Passenger Transport) Act 1994
[s 80]
`Chapter 4A Taxi service bailment 1
agreements 2
`35J Purpose of ch 4A 3
`The purpose of this chapter is to provide minimum 4
requirements for taxi service bailment agreements. 5
`35K Application of ch 4A 6
This chapter does not apply if an authorised driver is 7
employed by an accredited operator. 8
`35L What is a taxi service bailment agreement 9
`(1) A taxi service bailment agreement is an agreement between 10
an accredited operator and an authorised driver (the parties) 11
for the bailment of a taxi for which the accredited operator is 12
responsible that-- 13
(a) is in writing; and 14
(b) is signed by both parties; and 15
(c) includes the information prescribed under a regulation 16
for the taxi service bailment agreement. 17
`(2) A taxi service bailment agreement need not be limited to the 18
bailment by an accredited operator of a particular taxi 19
providing a taxi service. 20
`35M Accredited operator must ensure taxi service 21
bailment agreement entered into 22
`(1) This section applies to an accredited operator of a taxi service. 23
`(2) The accredited operator must not permit an authorised driver 24
to drive a taxi for which the accredited operator is responsible 25
unless the accredited operator has entered into a taxi service 26
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Transport and Other Legislation Amendment Bill 2011
Part 11 Amendment of Transport Operations (Passenger Transport) Act 1994
[s 80]
bailment agreement for the bailment of the taxi with the 1
authorised driver. 2
Maximum penalty--40 penalty units. 3
`35N Accredited operator may only enter into taxi service 4
bailment agreement with set pay in arrangement in 5
particular circumstances 6
`(1) An accredited operator of a taxi service must not enter into a 7
taxi service bailment agreement providing for a set pay in 8
arrangement with an authorised driver unless the authorised 9
driver has held driver authorisation for at least 12 months, 10
consecutively or cumulatively, within the 5 years before the 11
agreement is entered into. 12
Maximum penalty--40 penalty units. 13
`(2) In this section-- 14
set pay in amount, for a taxi service bailment agreement for 15
the bailment of a taxi, means a fixed amount for the bailment 16
of the taxi that does not relate to the takings of the authorised 17
driver of the taxi. 18
set pay in arrangement, for a taxi service bailment agreement 19
between an accredited operator of the taxi service and an 20
authorised driver for the bailment of a taxi, means an 21
arrangement between the accredited operator and authorised 22
driver stating the authorised driver pays the accredited 23
operator a set pay in amount. 24
`35O Accredited operator must give authorised driver copy 25
of taxi service bailment agreement 26
`An accredited operator who has entered into a taxi service 27
bailment agreement with an authorised driver must give a 28
copy of the taxi service bailment agreement to the authorised 29
driver. 30
Maximum penalty--20 penalty units. 31
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[s 80]
`35P Accredited operator must keep a copy of taxi service 1
bailment agreement 2
`An accredited operator of a taxi service entering into a taxi 3
service bailment agreement with an authorised driver must, 4
unless the accredited operator has a reasonable excuse, keep a 5
copy of the agreement for-- 6
(a) the duration of the agreement; and 7
(b) 5 years from the day the agreement ends. 8
Maximum penalty--20 penalty units. 9
Note-- 10
See the Electronic Transactions (Queensland) Act 2001, section 20 11
about keeping written documents. 12
`35Q Authorised driver must not drive taxi unless taxi 13
service bailment agreement entered into 14
`An authorised driver must not drive a taxi for an accredited 15
operator unless a taxi service bailment agreement with the 16
accredited operator is entered into. 17
Maximum penalty--10 penalty units. 18
`35R Authorised person may request particular information 19
`(1) An authorised person may ask an accredited operator to give 20
the authorised person-- 21
(a) a copy of a taxi service bailment agreement the 22
accredited operator has entered into with an authorised 23
driver; or 24
(b) if the accredited operator states that an authorised driver 25
is an employee of the accredited operator--a statutory 26
declaration that the authorised driver is an employee of 27
the accredited operator. 28
`(2) When making a request under subsection (1), the authorised 29
officer must warn the accredited operator it is an offence to 30
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Transport and Other Legislation Amendment Bill 2011
Part 11 Amendment of Transport Operations (Passenger Transport) Act 1994
[s 81]
fail to comply with the request, unless the accredited operator 1
has a reasonable excuse. 2
`(3) An accredited operator must, unless the accredited operator 3
has a reasonable excuse, comply with the request under 4
subsection (1). 5
Maximum penalty--20 penalty units. 6
`(4) It is a reasonable excuse to fail to comply with-- 7
(a) a request made under subsection (1)(a), if there is no 8
taxi service bailment agreement in force between the 9
accredited operator and authorised driver at the time the 10
request is made; or 11
(b) a request made under section (1)(b), if the authorised 12
driver is not an employee of the accredited operator at 13
the time the request is made. 14
`(5) In this section-- 15
authorised person means an authorised person under section 16
111(1) or (2)(a). 17
statutory declaration means a declaration made under the 18
Oaths Act 1867.'. 19
Clause 81 Insertion of new s 101A 20
Chapter 9-- 21
insert-- 22
`101A Application of standards to light rail operators 23
`Standards do not apply to a light rail operator for a light rail 24
in relation to a public passenger service provided using a fixed 25
track vehicle.'. 26
Clause 82 Amendment of s 129Y (Definitions for pt 4B) 27
(1) Section 129Y, heading, `Definitions'-- 28
omit, insert-- 29
`Definition'. 30
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Transport and Other Legislation Amendment Bill 2011
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[s 83]
(2) Section 129Y, definitions exclusion order, proper officer, 1
public transport network and relevant offence-- 2
omit. 3
Clause 83 Amendment of s 129ZA (Court may make exclusion 4
order) 5
(1) Section 129ZA(2)(b)-- 6
omit, insert-- 7
`(b) the court is satisfied that, unless the order is made, the 8
person would pose an unacceptable risk to-- 9
(i) the good order or management of the public 10
transport network; or 11
(ii) the safety and welfare of persons using the public 12
transport network.'. 13
(2) Section 129ZA(3), from `the order--'-- 14
omit, insert-- 15
`that, unless the order is made, the person would pose an 16
unacceptable risk to-- 17
(a) the good order or management of the public transport 18
network; or 19
(b) the safety and welfare of persons using the public 20
transport network.'. 21
Clause 84 Amendment of s 129ZB (Matters court must consider in 22
deciding whether to make exclusion order) 23
(1) Section 129ZB(1)-- 24
insert-- 25
`(aa) whether the person is subject to a civil banning order;'. 26
(2) Section 129ZB(1)(b), `would cause substantial'-- 27
omit, insert-- 28
`is likely to cause undue'. 29
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Transport and Other Legislation Amendment Bill 2011
Part 11 Amendment of Transport Operations (Passenger Transport) Act 1994
[s 85]
Clause 85 Amendment of s 129ZC (Exclusion order to be explained 1
if person before the court) 2
Section 129ZC-- 3
insert-- 4
`(1A) If the person (the relevant person) in relation to whom a court 5
made an exclusion order did not appear before the court when 6
the court made the order, before serving the order on the 7
person, the person serving the order must explain, or cause to 8
be explained, to the relevant person-- 9
(a) the purpose, terms and effect of the exclusion order; and 10
(b) the consequences of contravening the exclusion order; 11
and 12
(c) that the exclusion order may be varied or revoked on the 13
application of the relevant person or an authorised 14
person.'. 15
Clause 86 Amendment of s 129ZD (Amendment or revocation of 16
exclusion order generally) 17
Section 129ZD(2), `6 months'-- 18
omit, insert-- 19
`3 months'. 20
Clause 87 Amendment of s 129ZG (Offence to contravene exclusion 21
order) 22
(1) Section 129ZG(2)(c)(iii), after `relates'-- 23
insert-- 24
`reasonably'. 25
(2) Section 129ZG(2)(c), example, after `A person to whom an 26
exclusion order'-- 27
insert-- 28
`applies'. 29
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Transport and Other Legislation Amendment Bill 2011
Part 11 Amendment of Transport Operations (Passenger Transport) Act 1994
[s 88]
Clause 88 Insertion of new ch 11, pt 4C 1
Chapter 11-- 2
insert-- 3
`Part 4C Powers of court to make civil 4
banning orders for protecting 5
the public or property 6
`Division 1 Preliminary 7
`129ZH Definitions for pt 4C 8
`In this part-- 9
act of violence includes an attempted or threatened act of 10
violence. 11
authorised person means-- 12
(a) the chief executive; or 13
(b) a police officer. 14
civil banning order see section 129ZJ(1). 15
interim civil banning order see section 129ZP(2). 16
respondent see section 129ZJ(1). 17
`129ZI Purpose of pt 4C 18
`The purpose of this part is to provide for the making of civil 19
banning orders to help-- 20
(a) ensure the safety and security of persons using the 21
public transport network; and 22
(b) preserve the amenity and condition of the public 23
transport network; and 24
(c) protect revenue from the public transport network. 25
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Transport and Other Legislation Amendment Bill 2011
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[s 88]
`Division 2 Orders 1
`129ZJ What is a civil banning order 2
`(1) A civil banning order is an order made in relation to a person 3
who is an adult (the respondent) that prohibits the respondent, 4
until a stated date, from doing, or attempting to do, any of the 5
following-- 6
(a) using the public transport network for a period of not 7
more than 12 months; or 8
(b) restricting, for a period of not more than 12 months, a 9
person's use of the public transport network in 1 or more 10
of the following ways-- 11
(i) restricting the general route services or public 12
transport infrastructure the person may use; 13
(ii) restricting the days, or the times or periods of a 14
day, when the person may use the public transport 15
network; 16
Examples-- 17
� restricting the use of the public transport network to 18
during the day only 19
� restricting the use of the public transport network to 20
weekdays only 21
(iii) restricting the purpose for which the person may 22
use the public transport network. 23
Examples-- 24
� restricting the use of the public transport network to 25
travel to and from work or an educational institution 26
� restricting the use of the public transport network to 27
travel to and from a hospital or another place 28
providing medical treatment 29
`(2) The stated date in the civil banning order must be a date no 30
later than 12 months after-- 31
(a) if an interim civil banning order is made--the day on 32
which the interim civil banning order is made; or 33
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Transport and Other Legislation Amendment Bill 2011
Part 11 Amendment of Transport Operations (Passenger Transport) Act 1994
[s 88]
(b) otherwise--the day on which the civil banning order is 1
made. 2
`(3) A civil banning order takes effect-- 3
(a) if the respondent or a legal or other representative of the 4
respondent is present at the hearing of the 5
application--when it is made; or 6
(b) otherwise--when the order is served on the respondent. 7
`129ZK Who may apply for a civil banning order 8
`An authorised person may apply to a Magistrates Court for a 9
civil banning order to be made in relation to a respondent. 10
`129ZL Application for a civil banning order 11
`(1) An application for a civil banning order in relation to a 12
respondent must state the following-- 13
(a) the name of the respondent; 14
(b) the details of the order sought; 15
(c) the information necessary to satisfy the court of the 16
matters mentioned in section 129ZO(1) or (2); 17
(d) the details of any previous application for a civil 18
banning order for the respondent and the outcome of the 19
application; 20
(e) that affidavits in response to the application may be filed 21
under section 129ZM; 22
(f) that the application may, under section 129ZN(2), be 23
decided in the respondent's absence. 24
`(2) The application must be accompanied by any affidavit the 25
authorised person intends to rely on at the hearing of the 26
application. 27
`(3) The application, with any accompanying affidavit, must be-- 28
(a) filed in the court; and 29
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Transport and Other Legislation Amendment Bill 2011
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[s 88]
(b) served on the respondent within 10 business days after 1
being filed. 2
`129ZM Response by respondent 3
`(1) The respondent may file affidavits to be relied on by the 4
respondent for the hearing of the application. 5
`(2) The respondent must file the affidavits within 28 business 6
days after the day the application is filed. 7
`129ZN Hearing of application 8
`(1) If a respondent appears before the court that is to hear and 9
decide an application for a civil banning order, the court 10
may-- 11
(a) hear and decide the application; or 12
(b) adjourn the application, whether or not it makes an 13
interim civil banning order; or 14
(c) dismiss the application. 15
`(2) If a respondent fails to appear before the court that is to hear 16
and decide the application for a civil banning order and the 17
court is satisfied that a copy of the application has been served 18
on the respondent, the court may-- 19
(a) proceed to hear and decide the application in the 20
absence of the respondent; or 21
(b) adjourn the application, whether or not it makes an 22
interim civil banning order; or 23
(c) dismiss the application. 24
`129ZO Making a civil banning order 25
`(1) The court may make a civil banning order for a respondent if 26
satisfied-- 27
(a) within 12 months before the date of the application for 28
the civil banning order-- 29
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Transport and Other Legislation Amendment Bill 2011
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[s 88]
(i) the respondent committed a relevant act of 1
violence; or 2
(ii) the respondent has been served 10 or more 3
infringement notices for a relevant offence or 4
relevant offences; and 5
(b) if paragraph (a)(ii) applies, the infringement notices 6
have been dealt with under the State Penalties 7
Enforcement Act 1999, part 3; and 8
(c) unless the order is made, the respondent would pose an 9
unacceptable risk to-- 10
(i) the good order or management of the public 11
transport network; or 12
(ii) the safety and welfare of persons using the public 13
transport network. 14
`(2) In considering whether to make, or the terms of, the order, the 15
court must have regard to all of the circumstances of the case, 16
including the following-- 17
(a) whether the respondent is, or has been, subject to 18
another civil banning order; 19
(b) whether the respondent is subject to a condition, relating 20
to the use of the public transport network, under the Bail 21
Act 1980, section 11; 22
(c) whether the respondent, or any other person, was 23
charged with an offence arising out of the act of 24
violence mentioned in subsection (1)(a)(i) and the result 25
of any proceeding in relation to the charge; 26
(d) whether the respondent, or any other person, was 27
charged with an offence arising out of a relevant offence 28
mentioned in subsection (1)(a)(ii) and the result of any 29
proceeding in relation to the charge; 30
(e) whether the respondent is subject to an exclusion order; 31
(f) the respondent's criminal history; 32
(g) whether the making of the order is likely to cause undue 33
hardship to the respondent or the respondent's family-- 34
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Transport and Other Legislation Amendment Bill 2011
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[s 88]
(i) by depriving the respondent of the respondent's 1
way of earning a living; or 2
(ii) in another way, including, for example, by 3
depriving the respondent of the ability-- 4
(A) to study; or 5
(B) to maintain the respondent's health or the 6
health of a member of the respondent's 7
family; 8
(h) the effect the order would have on the respondent's 9
safety and wellbeing, having regard to the respondent's 10
age and any physical, intellectual or psychiatric 11
disability; 12
(i) any other of the respondent's personal circumstances 13
and the likely effect of the order on those circumstances. 14
`(3) This section does not limit the matters to which the court may 15
have regard in considering whether or not to make, or the 16
terms of, a civil banning order under this part in relation to a 17
person. 18
`(4) The court may impose any conditions it considers necessary 19
on a civil banning order. 20
`(5) The court may make a civil banning order whether or not the 21
respondent has been charged with, convicted of, acquitted of, 22
or sentenced for an offence arising out of the act of violence 23
mentioned in subsection (1)(a)(i). 24
`(6) For subsection (7), definition dealt with, a reference in the 25
State Penalties Enforcement Act 1999, part 3 to an alleged 26
offender is taken to be a reference to the respondent. 27
`(7) In this section-- 28
dealt with, for an infringement notice for a relevant offence 29
served on a respondent, means one of the following has 30
happened under the State Penalties Enforcement Act 1999, 31
part 3-- 32
(a) the respondent has paid the fine for the infringement 33
notice in full; 34
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Transport and Other Legislation Amendment Bill 2011
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[s 88]
(b) the respondent has elected to have the matter of the 1
relevant offence dealt with by a Magistrates Court and 2
the matter has been finally decided against the 3
respondent; 4
(c) the respondent has applied for approval to pay the fine 5
for the infringement notice by instalments; 6
(d) the respondent's liability under the infringement notice 7
has otherwise been discharged against the respondent 8
under that Act, other than having been withdrawn under 9
section 28, or cancelled under section 30, of that Act. 10
relevant act of violence means an act of violence-- 11
(a) committed by a person on the public transport network, 12
against another person or property, without a reasonable 13
excuse; and 14
(b) of a nature that would cause a person on public transport 15
infrastructure to reasonably fear bodily harm to any 16
person or damage to property. 17
`129ZP Interim civil banning order 18
`(1) This section applies if an authorised person has made an 19
application, under section 129ZL, for a civil banning order for 20
a respondent. 21
`(2) The authorised person may apply to a Magistrates Court for 22
an order (an interim civil banning order) for the respondent 23
to be in force until-- 24
(a) the court finally decides the application for the civil 25
banning order; or 26
(b) the application for the civil banning order otherwise 27
ends. 28
`(3) The application for the interim civil banning order must 29
state-- 30
(a) the information necessary to satisfy the court of the 31
matters mentioned in subsection (7); and 32
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Transport and Other Legislation Amendment Bill 2011
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[s 88]
(b) that affidavits in response to the application may be filed 1
under subsection (5); and 2
(c) that the application may, under subsection (8), be 3
decided in the respondent's absence. 4
`(4) The application, with any accompanying affidavit, must be-- 5
(a) filed in the court; and 6
(b) served on the respondent within 5 business days after 7
being filed. 8
`(5) The respondent may file affidavits to be relied on by the 9
respondent for the hearing of the application. 10
`(6) The respondent must file the affidavits within 15 business 11
days after the day the application is filed. 12
`(7) The court may make the interim civil banning order if the 13
court is satisfied-- 14
(a) the application has been served on the respondent; and 15
(b) there are reasonable grounds for believing there is 16
sufficient basis to make a civil banning order. 17
`(8) The interim civil banning order may be made whether or not 18
the respondent appears before the court or makes submissions. 19
`(9) An interim civil banning order may prohibit the respondent 20
from doing, or attempting to do, anything that a person may 21
be prohibited from doing by a civil banning order. 22
`(10) An interim civil banning order takes effect-- 23
(a) if the respondent or a legal or other representative of the 24
respondent is present at the hearing of the 25
application--when it is made; or 26
(b) otherwise--when the order is served on the respondent. 27
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`129ZQ Varying or revoking civil banning order for changes 1
in circumstances 2
`(1) The following persons may apply (the applicant) to the 3
Magistrates Court for an order to vary or revoke a civil 4
banning order-- 5
(a) an authorised person; 6
(b) the respondent. 7
`(2) However, the respondent may not, without the leave of the 8
court, make the application until at least 3 months after the 9
civil banning order is made. 10
`(3) The application must-- 11
(a) be in the approved form; and 12
(b) be accompanied by-- 13
(i) an affidavit made by the applicant outlining why 14
the variation or revocation mentioned in the 15
application is necessary; and 16
(ii) the information, or details of the information, the 17
applicant intends to rely on for the application. 18
`(4) Within 14 business days after the application is filed, the 19
applicant must give a copy of the application to-- 20
(a) if the applicant is the respondent--the authorised 21
person; or 22
(b) if the applicant is an authorised person--the respondent. 23
`(5) The authorised person and respondent are each entitled to be 24
heard at the hearing of the application. 25
`(6) If the respondent makes the application, subsection (3) does 26
not prevent the respondent from producing further evidence at 27
the hearing of the application. 28
`(7) The court may vary or revoke a civil banning order only if the 29
court-- 30
(a) has had regard to-- 31
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(i) the matters mentioned in section 129ZO so far as 1
they are relevant to the application; and 2
(ii) whether the respondent has, without a reasonable 3
excuse under section 129ZZ, contravened the civil 4
banning order; and 5
(b) is satisfied there has been a material change in the 6
circumstances of the respondent that justifies the 7
variation or revocation; and 8
(c) considers the justice of the case requires the variation or 9
revocation. 10
`129ZR Court may make civil banning order by consent 11
`(1) The Magistrates Court may make a civil banning order in a 12
form agreed to by an authorised person and the respondent. 13
`(2) The order may include only matters that may be dealt with 14
under this part. 15
`129ZS Orders must be explained 16
`(1) Subsection (2) applies if a respondent appears before a court 17
hearing an application for a civil banning order or an interim 18
civil banning order for the respondent. 19
`(2) Before making the order, the court must explain, or cause to 20
be explained, to the respondent-- 21
(a) the purpose, terms and effect of the order; and 22
(b) the consequences of contravening the order; and 23
(c) for a civil banning order--that the order may be varied 24
or revoked on the application of the respondent or an 25
authorised person. 26
`(3) Subsection (4) applies if a respondent did not appear before a 27
court when the court made a civil banning order or an interim 28
civil banning order for the respondent. 29
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`(4) Before serving the order on the respondent, the person serving 1
the order must explain, or cause to be explained, to the 2
respondent-- 3
(a) the purpose, terms and effect of the order; and 4
(b) the consequences of contravening the order; and 5
(c) for a civil banning order--that the order may be varied 6
or revoked on the application of the respondent or an 7
authorised person. 8
`(5) The explanation under subsection (2) or (4) must be made in 9
language or in a way likely to be readily understood by the 10
respondent. 11
`(6) Failure to comply with this section does not affect the validity 12
of the civil banning order. 13
`129ZT Civil banning order to be given to interested persons 14
`(1) The proper officer of the Magistrates Court that makes a civil 15
banning order, or an order varying or revoking a civil banning 16
order, in relation to a respondent must as soon as possible-- 17
(a) reduce the order to writing in the approved form; and 18
(b) cause a copy of the order to be given or sent to-- 19
(i) the respondent; and 20
(ii) the commissioner of the police service, or someone 21
authorised to accept the order on the 22
commissioner's behalf; and 23
(iii) the chief executive; and 24
(iv) the chief executive officer under the Transport 25
Operations (TransLink Transit Authority) Act 26
2008. 27
`(2) The written order prepared under subsection (1) must 28
include-- 29
(a) the name of the respondent; and 30
(b) the period for which the order applies; and 31
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(c) the prohibitions or restrictions that the order imposes. 1
`(3) Failure to comply with this section does not affect the validity 2
of the order. 3
`129ZU No costs to be awarded 4
`The Magistrates Court must not award costs on proceedings 5
under this division unless the court dismisses the application 6
as frivolous or vexatious or another abuse of process. 7
`129ZV No filing fee is payable 8
`A fee is not payable for making an application, or filing 9
another document, under this part. 10
`129ZW Standard of proof 11
`A question of fact in proceedings under this part, other than 12
proceedings for an offence, is to be decided on the balance of 13
probabilities. 14
`129ZX General application of rules of court 15
`The Uniform Civil Procedure Rules 1999 apply in relation to 16
applications made to the court under this part to the extent the 17
rules are consistent with this part. 18
`129ZY Interaction with criminal proceedings 19
`(1) An application under this part may be made and a court may, 20
as authorised by this Act, dispose of the application, even if a 21
person concerned in the application has been charged with an 22
offence arising out of the act of violence on which the 23
application is based. 24
`(2) Subsection (4) applies if the person against whom-- 25
(a) a civil banning order has been made; or 26
(b) a court has refused to make a civil banning order; or 27
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(c) proceedings are current (current proceedings) in which 1
a civil banning order or an order varying or revoking a 2
civil banning order is sought; 3
is charged with an offence mentioned in subsection (1). 4
`(3) Also, subsection (4) applies if the person is charged with an 5
offence mentioned in subsection (1) and the court has done 6
either of the following relating to a civil banning order naming 7
the person as the respondent-- 8
(a) revoked, or refused to revoke, the civil banning order; 9
(b) varied, or refused to vary, the civil banning order, 10
including the conditions imposed on the order. 11
`(4) A reference to-- 12
(a) making, or refusing to make, the order, or a revocation 13
or variation; or 14
(b) the existence of current proceedings; or 15
(c) the fact that evidence of a particular nature or content 16
was given in-- 17
(i) the proceedings in which the order, revocation or 18
variation was made or refused; or 19
(ii) the current proceedings; 20
is inadmissible in the trial of the person for an offence arising 21
out of the act of violence on which the application for the 22
order, revocation, or variation, or relevant to the current 23
proceedings, is based. 24
`(5) To remove any doubt, it is declared that, subject to this 25
section, an application, proceeding or order under this part in 26
relation to the conduct of the person does not affect any 27
proceeding against the person for an offence arising out of the 28
same conduct. 29
`(6) The person may be punished for the offence mentioned in 30
subsection (5) despite any order made against the person 31
under this part. 32
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`(7) In this section-- 1
civil banning order includes an interim civil banning order. 2
`129ZZ Contravention of civil banning order or interim civil 3
banning order 4
`(1) A person must not, without reasonable excuse, contravene a 5
civil banning order. 6
Maximum penalty--40 penalty units or 6 months 7
imprisonment. 8
`(2) It is a reasonable excuse for a person to contravene a civil 9
banning order applying to the person-- 10
(a) if, when the contravention happened, the person was not 11
aware, and was reasonably not aware, that the order had 12
been made; or 13
(b) if the person is contravening the order because of an 14
emergency; or 15
(c) if-- 16
(i) the person has applied for an order to vary the civil 17
banning order; and 18
(ii) the court has not decided the application; and 19
(iii) the contravention of the civil banning order 20
reasonably relates to the changed circumstances in 21
relation to which the application is made. 22
Example for paragraph (c)-- 23
A person to whom a civil banning order applies has a reasonable 24
excuse if-- 25
(a) the person has applied for an order to vary the civil banning 26
order because-- 27
(i) it restricts the person's use of the public transport 28
network to only permit travel to and from the person's 29
place of work; and 30
(ii) the person's place of work has changed; and 31
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(b) the person uses the public transport network, in 1
contravention of the civil banning order, to travel to and 2
from the new place of work while the Magistrates Court is 3
considering the application. 4
`(3) If the Magistrates Court convicts a person of an offence 5
against subsection (1), the court may, in addition to or instead 6
of sentencing the person under subsection (1), vary the civil 7
banning order. 8
`(4) In this section, other than subsection (2)(c)-- 9
civil banning order includes an interim civil banning order. 10
`Division 3 Appeals 11
`129ZZA Appeals 12
`An authorised person or a respondent in relation to whom a 13
decision of the Magistrates Court under this part has been 14
made may appeal against the decision to the District Court. 15
`129ZZB Time for appeal 16
`(1) An appeal must be started within 1 month after the decision is 17
made (the appeal period). 18
`(2) On application, the District Court may extend the appeal 19
period. 20
`129ZZC Starting appeal 21
`(1) A person starts an appeal by filing a notice of appeal with the 22
registrar. 23
`(2) The notice must-- 24
(a) be signed by the person or the person's lawyer; and 25
(b) state, briefly and precisely, the grounds of the appeal. 26
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`(3) If the notice is not filed in the appeal period, the person must 1
also file with the registrar a notice of application for extension 2
of time for filing the notice. 3
`129ZZD Registrar to give respondent copies of particular 4
documents 5
`The registrar must give the respondent to an appeal copies of 6
any of the following documents filed with the registrar for the 7
appeal-- 8
(a) the notice of appeal; 9
(b) a notice of application for extension of time for filing a 10
notice mentioned in paragraph (a). 11
`129ZZE Stay of operation of decision 12
`An appeal does not stay the operation of the decision. 13
`129ZZF District Court's powers on appeal 14
`(1) An appeal is by way of rehearing. 15
`(2) The District Court-- 16
(a) has all the powers and duties of the court that made the 17
decision appealed from; and 18
(b) may draw inferences of fact, not inconsistent with the 19
findings of the court; and 20
(c) may, on special grounds, receive further evidence as to 21
questions of fact, either orally in court, by affidavit or in 22
another way; and 23
(d) may order that the matter be remitted for rehearing to 24
the court in which the decision appealed from was 25
made. 26
`(3) Subsection (2)(a) does not limit the powers that the District 27
Court has in its civil jurisdiction. 28
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`(4) The decision of the District Court upon an appeal is final and 1
conclusive. 2
`129ZZG No costs on appeal 3
`The District Court must not award costs on an appeal under 4
this division unless the court dismisses the appeal as frivolous 5
or vexatious or another abuse of process. 6
`Division 4 Miscellaneous 7
`129ZZH Service of documents 8
`(1) This section applies if a provision of this part requires a 9
respondent to be served with a document. 10
`(2) The document must be served personally on the respondent. 11
`(3) However, if, despite reasonable attempts being made, a 12
document is unable to be personally served on a respondent, 13
an authorised person may apply to the Magistrates Court to 14
authorise substituted service under subsection (4). 15
`(4) If it appears to the court that it is not reasonably practicable to 16
serve the document personally on the respondent, the court 17
may authorise another way of serving it (substituted service). 18
Example of substituted service-- 19
by personal service of the document on a relative, guardian or other 20
person with whom the respondent is known to associate 21
`(5) When serving a document that requires the appearance of a 22
respondent in a court, the person serving the document must 23
explain the contents of the document to the respondent in 24
language likely to be understood by the respondent, having 25
regard, for example, to the respondent's age and cultural, 26
educational and social background. 27
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`129ZZI Police commissioner must provide information 1
relevant to applications 2
`(1) The chief executive may ask the commissioner of the police 3
service to give the chief executive the information the chief 4
executive requires to make, or to consider making, an 5
application for a civil banning order in relation to a person. 6
`(2) Without limiting subsection (1), the information may include 7
the following-- 8
(a) the criminal history of the person; 9
(b) police statements in relation to any act of violence 10
committed by the person; 11
(c) statements of witnesses or victims of any act of violence 12
committed by the person; 13
(d) other evidentiary material relating to any act of violence 14
committed by the person. 15
`(3) Subject to subsection (4), the commissioner must provide the 16
information requested. 17
`(4) The obligation of the commissioner to comply with the chief 18
executive's request applies only to information in the 19
possession of the commissioner or to which the commissioner 20
has access.'. 21
Clause 89 Amendment of s 148 (Inquiries about person's suitability 22
to hold accreditation or authorisation) 23
(1) Section 148(2), after `criminal history'-- 24
insert-- 25
`or whether the person is or has been subject to a relevant 26
order for an offence mentioned in schedule 1A, part 1'. 27
(2) Section 148-- 28
insert-- 29
`(6) If the police commissioner gives the chief executive 30
information under subsection (2) about a person who is or has 31
been subject to a relevant order for an offence mentioned in 32
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schedule 1A, part 1, the information must include the 1
following information about the person-- 2
(a) that the person is or has been subject to a relevant order 3
for an offence mentioned in schedule 1A, part 1; 4
(b) if the person is or has been subject to a relevant order 5
that is a disqualification order under the CCYPCG 6
Act--the duration and details of the disqualification 7
order; 8
(c) if the person is or has been subject to an offender 9
prohibition order-- 10
(i) a brief description of the conduct that gave rise to 11
the order; and 12
(ii) the duration and details of the order, including 13
whether it is or was a temporary offender 14
prohibition order or a final offender prohibition 15
order.'. 16
Clause 90 Insertion of new s 148BA 17
After section 148B-- 18
insert-- 19
`148BA Obtaining information from chief executive (corrective 20
services) 21
`(1) Without limiting section 148, the chief executive may, by 22
written notice, ask the chief executive (corrective services) 23
whether-- 24
(a) a person applying for driver authorisation is or has been 25
subject to a relevant order; or 26
(b) a person holding driver authorisation is or has been 27
subject to a relevant order. 28
`(2) The chief executive (corrective services) must give the chief 29
executive notice of the information requested under 30
subsection (1). 31
`(3) The notice mentioned in subsection (2) must-- 32
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(a) be in writing; and 1
(b) state the following-- 2
(i) the person's name; 3
(ii) that the person is or has been subject to the relevant 4
order. 5
`(4) The chief executive (corrective services) and the chief 6
executive may enter into a written arrangement by which 7
written notices are given under subsection (1). 8
`(5) Without limiting subsection (4), the arrangement may provide 9
for the written notices to be given electronically. 10
`(6) However, if written notices under subsection (1) are to be 11
given electronically and, under an Act, there is a limitation on 12
who may access the information mentioned in the notices or 13
the purposes for which that information may be used, the 14
arrangement must provide for the limitation. 15
`(7) The disclosure of information by the chief executive 16
(corrective services) under this section is authorised despite 17
any other Act or law, including a law imposing an obligation 18
to maintain confidentiality about the information. 19
Note-- 20
See section 148C for the confidentiality of information under this Act. 21
`(8) In this section-- 22
chief executive (corrective services) means the chief 23
executive of the department in which the Corrective Services 24
Act 2006 is administered.'. 25
Clause 91 Insertion of new ch 13, pt 11 26
Chapter 13-- 27
insert-- 28
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`Part 11 Transitional provisions for 1
Transport and Other 2
Legislation Amendment Act 3
2011 4
`189 Application of amended provisions about driver 5
disqualifying offences in relation to driver 6
authorisations 7
`(1) A postcommencement provision applies in relation to an 8
application for driver authorisation made but not decided 9
before the commencement. 10
`(2) Also, a postcommencement provision applies to a person who 11
holds driver authorisation granted or renewed before the 12
commencement. 13
`(3) In this section-- 14
commencement means the commencement of this section. 15
postcommencement provisions means the following 16
provisions as in force on and from the commencement-- 17
(a) section 28B; 18
(b) schedule 3, definition, category A driver disqualifying 19
offence; 20
(c) schedule 3, definition, category B driver disqualifying 21
offence; 22
(d) schedule 3, definition, category C driver disqualifying 23
offence; 24
(e) schedule 1A. 25
`190 Application of ch 11, pt 4B immediately before the 26
commencement 27
`(1) Chapter 11, part 4B immediately before the commencement 28
of this section applies in relation to a relevant application in 29
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relation to a person made but not decided before the 1
commencement of this section. 2
`(2) In this section-- 3
relevant application, in relation to a person, means an 4
application under chapter 11, part 4B for the following-- 5
(a) an exclusion order in relation to the person; 6
(b) an order varying or revoking an exclusion order in 7
relation to a person. 8
`191 Application of ch 11, pt 4C 9
`(1) Chapter 11, part 4C does not apply to an act of violence 10
committed by a person before the commencement of this 11
section. 12
`(2) Chapter 11, part 4C does not apply in relation to an 13
infringement notice served on a person before the 14
commencement of this section.'. 15
Clause 92 Amendment of sch 1 (Disqualifying offences--provisions 16
of the Criminal Code) 17
(1) Schedule 1, part 1, item 19-- 18
omit. 19
(2) Schedule 1-- 20
insert-- 21
`Part 3 Provisions repealed by 22
Criminal Code and Other Acts 23
Amendment Act 2008 24
`1 chapter 42 (Frauds by trustees and officers of companies and 25
corporations--false accounting)'. 26
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Clause 93 Amendment of sch 1A (Driver disqualification offences) 1
(1) Schedule 1A, authorising provision, `definition driver 2
disqualifying offence'-- 3
omit, insert-- 4
`definitions category A driver disqualifying offence, category 5
B driver disqualifying offence and category C driver 6
disqualifying offence'. 7
(2) Schedule 1A, part 1, before division 1-- 8
insert-- 9
`Division 1A Classification of Computer Games 10
and Images Act 1995 11
1 section 23 (Demonstration of an objectionable computer game 12
before a minor) 13
2 section 26(3) (Possession of objectionable computer game) 14
3 section 27(3) and (4) (Making objectionable computer game) 15
4 section 28 (Obtaining minor for objectionable computer 16
game) 17
`Division 1B Classification of Films Act 1991 18
1 section 41(3) (Possession of objectionable film) 19
2 section 42(3) and (4) (Making objectionable film) 20
3 section 43 (Procurement of minor for objectionable film) 21
`Division 1C Classification of Publications Act 22
1991 23
1 section 12 (Sale etc. of prohibited publication or child abuse 24
photograph) 25
2 section 13 (Possession of prohibited publication) 26
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3 section 14 (Possession of child abuse publication or child 1
abuse photograph) 2
4 section 15 (Exhibition or display of prohibited publication or 3
child abuse photograph) 4
5 section 16 (Leaving prohibited publication or child abuse 5
photograph in or on public place) 6
6 section 17(1) (Producing prohibited publication) 7
7 section 17(2) (Producing prohibited publication) 8
8 section 17(3) and (4) (Producing prohibited publication) 9
9 section 18 (Procurement of minor for RC publication or child 10
abuse photograph) 11
10 section 20 (Leaving prohibited publication or child abuse 12
photograph in or on private premises)'. 13
(3) Schedule 1A, part 1, division 1, items 3, 8 and 11-- 14
omit. 15
(4) Schedule 1A, part 1, division 1-- 16
insert-- 17
`3 section 213 (Owner etc. permitting abuse of children on 18
premises) 19
6A section 218 (Procuring sexual acts by coercion etc.), if the 20
offence was committed against a child 21
8 section 219 (Taking child for immoral purposes) 22
8A section 221 (Conspiracy to defile), if the offence was 23
committed against a child 24
10A section 228A (Involving child in making child exploitation 25
material) 26
10B section 228B (Making child exploitation material) 27
10C section 228C (Distributing child exploitation material) 28
10D section 228D (Possessing child exploitation material) 29
11 section 229B (Maintaining a sexual relationship with a child) 30
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12A section 229G (Procuring engagement in prostitution), only if 1
an offender was or could have been liable as mentioned in 2
section 229G(2) 3
12B section 229H (Knowingly participating in provision of 4
prostitution), only if an offender was or could have been liable 5
as mentioned in section 229H(2) 6
12C section 229I (Persons found in places reasonably suspected of 7
being used for prostitution etc.), only if an offender was or 8
could have been liable as mentioned in section 229I(2) 9
12D section 229L (Permitting young person etc. to be at place used 10
for prostitution) 11
12E section 300 (Unlawful homicide), only if the unlawful killing 12
is murder under section 302 and was committed against a 13
child 14
14 section 350 (Attempt to commit rape), if the offence was 15
committed against a child 16
15 section 351 (Assault with intent to commit rape), if the 17
offence was committed against a child 18
16 section 352 (Sexual assaults), if the offence was committed 19
against a child'. 20
(5) Schedule 1A, part 1-- 21
insert-- 22
`Division 4 Criminal Code (Cwlth) 23
1 section 270.6 (Sexual servitude offences), only if an offender 24
was or could have been liable as mentioned in section 270.8 25
2 section 270.7 (Deceptive recruiting for sexual services), only 26
if an offender was or could have been liable as mentioned in 27
section 270.8 28
3 section 474.19 (Using a carriage service for child 29
pornography material) 30
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4 section 474.20 (Possessing, controlling, producing, supplying 1
or obtaining child pornography material for use through a 2
carriage service) 3
5 section 474.22 (Using a carriage service for child abuse 4
material) 5
6 section 474.23 (Possessing, controlling, producing, supplying 6
or obtaining child abuse material for use through a carriage 7
service) 8
7 section 474.26 (Using a carriage service to procure persons 9
under 16 years of age) 10
8 section 474.27 (Using a carriage service to "groom" persons 11
under 16 years of age) 12
`Division 5 Customs Act 1901 (Cwlth) 13
1 section 233BAB (Special offence relating to tier 2 goods), if 14
the offence involved child pornography or child abuse 15
material 16
`Division 6 Provisions of the Crimes Act 1914 17
(Cwlth) repealed by the Crimes 18
Legislation Amendment (Sexual 19
Offences Against Children) Act 20
2010 (Cwlth) 21
1 section 50BA (Sexual intercourse with child under 16) 22
2 section 50BB (Inducing child under 16 to engage in sexual 23
intercourse) 24
3 section 50BC (Sexual conduct involving child under 16) 25
4 section 50BD (Inducing child under 16 to be involved in 26
sexual conduct) 27
5 section 50DA (Benefiting from offence against this Part) 28
6 section 50DB (Encouraging offence against this Part)'. 29
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(6) Schedule 1A, part 2, entry for the Drugs Misuse Act 1986-- 1
omit. 2
(7) Schedule 1A, part 3, division 1, item 17-- 3
omit. 4
(8) Schedule 1A, part 3-- 5
insert-- 6
`Division 3 Provisions of the Criminal Code 7
repealed by the Criminal Code and 8
Other Acts Amendment Act 2008 9
`1 chapter 42 (Frauds by trustees and officers of companies and 10
corporations--false accounting)'. 11
Clause 94 Amendment of sch 3 (Dictionary) 12
(1) Schedule 3, definitions authorised person, proper officer, 13
public transport network and relevant offence, for chapter 11, 14
part 4 and chapter 11, part 4B-- 15
omit. 16
(2) Schedule 3-- 17
insert-- 18
`act of violence, for chapter 11, part 4C, see section 129ZH. 19
authorised person-- 20
(a) for chapter 11, part 4C--see section 129ZH; or 21
(b) otherwise--means a person who is-- 22
(i) an authorised person under section 111(1); or 23
(ii) appointed as an authorised person under section 24
111(2); or 25
(iii) a transit officer. 26
CCYPCG Act means the Commission for Children and Young 27
People and Child Guardian Act 2000. 28
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civil banning order, for chapter 11, part 4C, see section 1
129ZJ(1). 2
copy, of a taxi service bailment agreement, includes any 3
change of the taxi service bailment agreement. 4
imprisonment order means an imprisonment order under the 5
CCYPCG Act. 6
interim civil banning order, for chapter 11, part 4C, see 7
section 129ZP(2). 8
light rail manager, for a light rail, see the Transport 9
Infrastructure Act 1994, schedule 6. 10
light rail operator, for a light rail, see the Transport 11
Infrastructure Act 1994, schedule 6. 12
proper officer, of a court making a civil banning order or 13
exclusion order, has the meaning given by the Penalties and 14
Sentences Act 1992, section 4. 15
public transport network means the following-- 16
(a) all general route services; 17
(b) all public transport infrastructure associated with a 18
general route service. 19
relevant offence-- 20
(a) for chapter 11, part 4--see section 126P; or 21
(b) for chapter 11, part 4B or 4C--means an offence against 22
a relevant provision as defined under section 23
143AHA(3). 24
relevant order means-- 25
(a) an imprisonment order; or 26
(b) the obligations or an order mentioned in the CCYPCG 27
Act, section 170(b). 28
respondent, for chapter 11, part 4C, see section 129ZJ(1).'. 29
(3) Schedule 3, definition category A driver disqualifying offence, 30
from `17 years' to `the Criminal Code'-- 31
Page 95
Transport and Other Legislation Amendment Bill 2011
Part 11 Amendment of Transport Operations (Passenger Transport) Act 1994
[s 94]
omit, insert-- 1
`17 years and for which an imprisonment order is or was 2
imposed, or for which the person is subject to the obligations 3
or an order mentioned in the CCYPCG Act, section 170(b)-- 4
(a) an offence against a provision of an Act'. 5
(4) Schedule 3, definition category B driver disqualifying offence, 6
paragraph (a)(i), `Commission for Children and Young People 7
and Child Guardian Act 2000'-- 8
omit, insert-- 9
`CCYPCG Act'. 10
(5) Schedule 3, definition category B driver disqualifying offence, 11
paragraph (b)-- 12
omit, insert-- 13
`(b) an offence mentioned in the definition category A driver 14
disqualifying offence, paragraph (a), (b) or (c) if-- 15
(i) the offence was committed by a person when the 16
person was under 17 years; and 17
(ii) an imprisonment order was or is not imposed; and 18
(iii) the person is not subject to any obligations or 19
orders mentioned in the CCYPCG Act, section 20
170(b).'. 21
for which the person is not subject to a relevant order'. 22
(6) Schedule 3, definition public transport infrastructure-- 23
insert-- 24
`(ca) a light rail; 25
(cb) a light rail vehicle or other public passenger vehicle 26
being operated by a light rail manager, or light rail 27
operator, for a light rail; 28
(cc) a car park under the control of a light rail manager, or 29
light rail operator, for a light rail; 30
Page 96
Transport and Other Legislation Amendment Bill 2011
Part 12 Amendment of Transport Operations (Road Use Management) Act 1995
[s 95]
(cd) facilities for passengers to interchange between light rail 1
and other modes of transport under the control of a light 2
rail manager, or light rail operator, for a light rail;'. 3
Part 12 Amendment of Transport 4
Operations (Road Use 5
Management) Act 1995 6
Clause 95 Act amended 7
This part amends the Transport Operations (Road Use 8
Management) Act 1995. 9
Clause 96 Amendment of s 31 (Power to stop private vehicles) 10
Section 31(1), note-- 11
omit. 12
Clause 97 Amendment of s 49 (Power to require documents to be 13
produced) 14
Section 49(2D), note-- 15
omit. 16
Clause 98 Amendment of s 77 (Restricted release of person's 17
prescribed authority and traffic history information) 18
(1) Section 77, heading, after `Restricted'-- 19
insert-- 20
`written'. 21
(2) Section 77(1) and (2), after `may release'-- 22
insert-- 23
`, in writing,'. 24
Page 97
Transport and Other Legislation Amendment Bill 2011
Part 12 Amendment of Transport Operations (Road Use Management) Act 1995
[s 99]
Clause 99 Insertion of new s 77AA 1
After section 77-- 2
insert-- 3
`77AA Restricted oral release of particular information 4
`(1) The chief executive may orally release, to a person, 5
information kept under this Act about the person's prescribed 6
authority or traffic history. 7
`(2) However, subsection (1) applies only if the chief executive is 8
satisfied that the person is the person to whom the information 9
relates. 10
Example for subsection (2)-- 11
The chief executive may be satisfied as required under subsection (2) if 12
the person correctly answers a series of questions, or produces a 13
document, for identifying the person.'. 14
Clause 100 Amendment of s 79 (Vehicle offences involving liquor or 15
other drugs) 16
(1) Section 79(1D) and (1E), `subsection (2)'-- 17
omit, insert-- 18
`subsection (1F), (2)'. 19
(2) Section 79-- 20
insert-- 21
`(1F) Offence of driving etc. while over middle alcohol limit but not 22
over high alcohol limit 23
Any person who, while the person is over the middle alcohol 24
limit but is not over the high alcohol limit-- 25
(a) drives a motor vehicle, tram, train or vessel; or 26
(b) attempts to put in motion a motor vehicle, tram, train or 27
vessel; or 28
(c) is in charge of a motor vehicle, tram, train or vessel; 29
Page 98
Transport and Other Legislation Amendment Bill 2011
Part 12 Amendment of Transport Operations (Road Use Management) Act 1995
[s 100]
is guilty of an offence and liable to a penalty not exceeding 20 1
penalty units or to imprisonment for a term not exceeding 6 2
months.'. 3
(3) Section 79(2), `high'-- 4
omit, insert-- 5
`middle'. 6
(4) Section 79(2F) to (2I) and (4), `subsection (2)'-- 7
omit, insert-- 8
`subsection (1F), (2)'. 9
(5) Section 79(4)(b)-- 10
omit, insert-- 11
`(b) that at the material time the defendant-- 12
(i) was over the middle alcohol limit; or 13
(ii) was over the general alcohol limit; or 14
(iii) was a person to whom subsection (2A), (2B), (2D), 15
(2J), (2K) or (2L) referred and was over the no 16
alcohol limit;'. 17
(6) Section 79(4A), `subsection (2)'-- 18
omit, insert-- 19
`subsection (1F) or (2)'. 20
(7) Section 79(6), after `(1)(c),'-- 21
insert-- 22
`(1F)(c),'. 23
(8) Section 79(6)(a)(iv)(A) and (B)-- 24
renumber as section 79(6)(a)(iv)(B) and (C). 25
(9) Section 79(6)(a)(iv)-- 26
insert-- 27
`(A) the middle alcohol limit; or'. 28
(10) Section 79(6)(d) and (9), after `subsection (1),'-- 29
Page 99
Transport and Other Legislation Amendment Bill 2011
Part 12 Amendment of Transport Operations (Road Use Management) Act 1995
[s 100]
insert-- 1
`(1F),'. 2
(11) Section 79(9), from `until the time'-- 3
omit, insert-- 4
`until-- 5
(a) the court revokes the order in the interests of justice; or 6
(b) the time when the charge is heard and decided or 7
otherwise disposed of.'. 8
(12) Section 79(9A), `subject to subsection (10)'-- 9
omit, insert-- 10
`subject to the following-- 11
(a) subsection (10); 12
(b) the Bail Act 1980, section 20(3AA) to the extent the 13
section provides that the person need not appear 14
personally if the person is represented by the person's 15
lawyer.'. 16
(13) Section 79(10), from `if it is satisfied'-- 17
omit, insert-- 18
`if it is satisfied-- 19
(a) on medical or other evidence placed before the court 20
that the person's failure to appear before it was caused 21
by any medical or other circumstance making the person 22
physically incapable of appearing before the court; or 23
(b) making the order would not otherwise be in the interests 24
of justice.'. 25
(14) Section 79, after subsection (10)-- 26
insert-- 27
`(10AA) A Magistrates Court has and may exercise a discretion to 28
make an order revoking an order made under subsection (9) if 29
it is satisfied revoking the order is in the interests of justice.'. 30
Page 100
Transport and Other Legislation Amendment Bill 2011
Part 12 Amendment of Transport Operations (Road Use Management) Act 1995
[s 101]
Clause 101 Amendment of s 79A (When is a person over the limit) 1
Section 79A-- 2
insert-- 3
`(2A) For this Act, a person is over the middle alcohol limit if-- 4
(a) the concentration of alcohol in the person's blood is, or 5
is more than, 100mg of alcohol in 100mL of blood; or 6
(b) the concentration of alcohol in the person's breath is, or 7
is more than, 0.100g of alcohol in 210L of breath.'. 8
Clause 102 Amendment of s 79B (Immediate suspension or 9
disqualification) 10
Section 79B(1), after paragraph (a)-- 11
insert-- 12
`(ab) charged under section 79(1F) with an offence; or'. 13
Clause 103 Amendment of s 79E (Court may allow particular person 14
whose licence is suspended under s 79B to drive) 15
Section 79E(1)(a), after `79B(1)(a),'-- 16
insert-- 17
`(ab),'. 18
Clause 104 Amendment of s 79G (When person is disqualified while 19
section 79E order applies) 20
Section 79G(3), definition suspended licence, after 21
`79B(1)(a),'-- 22
insert-- 23
`(ab),'. 24
Clause 105 Amendment of s 80 (Breath and saliva tests, and analysis 25
and laboratory tests) 26
(1) Section 80(2), subsection heading, after `breath'-- 27
Page 101
Transport and Other Legislation Amendment Bill 2011
Part 12 Amendment of Transport Operations (Road Use Management) Act 1995
[s 105]
insert-- 1
`or saliva'. 2
(2) Section 80(2), (15G) and (16F), `2 hours'-- 3
omit, insert-- 4
`3 hours'. 5
(3) Section 80(2), after `by the person'-- 6
insert-- 7
`, a specimen of saliva for a saliva test by the person, or both'. 8
(4) Section 80(2AA)-- 9
omit. 10
(5) Section 80(2B)(a), (2C), (3), (5), (5A), (6)(b) and (8C), `, 11
(2AA)'-- 12
omit. 13
(6) Section 80(4)-- 14
omit, insert-- 15
`(4) Time limits for requirement for specimen 16
`A requirement must not be made under subsection (2) or (2A) 17
unless it is made as soon as practicable and within 3 hours 18
after the event happens that authorises the police officer to 19
make the requirement under the subsection.'. 20
(7) Section 80(8D)(b)-- 21
omit, insert-- 22
`(b) the requirement is made as soon as practicable and 23
within 3 hours of the event that authorises the police 24
officer to make the authorising requirement.'. 25
(8) Section 80(8J), after `Operator of'-- 26
insert-- 27
`saliva'. 28
(9) Section 80(8J), `breath analysing instrument or'-- 29
Page 102
Transport and Other Legislation Amendment Bill 2011
Part 12 Amendment of Transport Operations (Road Use Management) Act 1995
[s 105]
omit. 1
(10) Section 80(8J)(b), from `the specimen of breath' to `analysis 2
or'-- 3
omit. 4
(11) Section 80(10)(a)-- 5
omit, insert-- 6
`(a) is a person whom a police officer may require under 7
subsection (2) or (2A) to provide a specimen of breath 8
for a breath test or a specimen of saliva for a saliva test; 9
and'. 10
(12) Section 80(10E), `mentioned in subsection (10)(a)(i)'-- 11
omit, insert-- 12
`whom a police officer may require under subsection (2) or 13
(2A) to provide a specimen of breath for a breath test'. 14
(13) Section 80(10EA), `mentioned in subsection (10)(a)(ii)'-- 15
omit, insert-- 16
`whom a police officer may require under subsection (2) or 17
(2A) to provide a specimen of saliva for a saliva test'. 18
(14) Section 80(15), `must deliver--'-- 19
omit, insert-- 20
`must--'. 21
(15) Section 80(15)(a)-- 22
omit, insert-- 23
`(a) either-- 24
(i) if the specimen was analysed by the police officer 25
who made the requisition--retain 1 copy of the 26
certificate; or 27
(ii) otherwise--deliver 1 copy of the certificate to the 28
police officer who made the requisition; and'. 29
(16) Section 80(15)(b), `the other'-- 30
Page 103
Transport and Other Legislation Amendment Bill 2011
Part 12 Amendment of Transport Operations (Road Use Management) Act 1995
[s 106]
omit, insert-- 1
`deliver the other'. 2
(17) Section 80(15B), `and must deliver'-- 3
omit, insert-- 4
`and must'. 5
(18) Section 80(15B)(g)-- 6
omit, insert-- 7
`(g) either-- 8
(i) if the operator of the breath analysing instrument is 9
the police officer who made the requisition--retain 10
1 copy of the certificate; or 11
(ii) otherwise--deliver 1 copy of the certificate to the 12
police officer who made the requisition; and'. 13
(19) Section 80(15B)(h), `the other copy'-- 14
omit, insert-- 15
`deliver the other copy'. 16
(20) Section 80(16F), `Two'-- 17
omit, insert-- 18
`Three'. 19
Clause 106 Amendment of s 81 (Notices to offenders for certain first 20
offences) 21
Section 81(1) and (2)-- 22
omit, insert-- 23
`(1) A police officer may serve a notice on a person if-- 24
(a) the police officer believes on reasonable grounds that 25
the person has committed an offence against-- 26
(i) section 79(2), (2A), (2B), (2D), (2K) or (2L); or 27
Page 104
Transport and Other Legislation Amendment Bill 2011
Part 12 Amendment of Transport Operations (Road Use Management) Act 1995
[s 107]
(ii) section 79(2J) while the person is the holder of a 1
restricted licence; and 2
(b) the person has not, within the 5 years before the alleged 3
offence, been convicted of an offence against section 79 4
or 80(11).'. 5
Clause 107 Amendment of s 86 (Disqualification of drivers of motor 6
vehicles for certain offences) 7
(1) Section 86(1)(b), (1F), (1G) and (2), `79(2)'-- 8
omit, insert-- 9
`79(1F), (2)'. 10
(2) Section 86(2)(e), after `restricted licence'-- 11
insert-- 12
`, if paragraph (ea) does not apply'. 13
(3) Section 86(2)-- 14
insert-- 15
`(ea) if the person is convicted of an offence in relation to a 16
motor vehicle against section 79(1F)--for a period of 17
not less than 3 months and not more than 12 months 18
from the date of the conviction from holding or 19
obtaining a Queensland driver licence; or'. 20
(4) Section 86(2B), (2D), (2F), (3E) and (3F), `79(2)'-- 21
omit, insert-- 22
`79(1F), (2)'. 23
Clause 108 Amendment of s 87 (Issue of restricted licence to 24
disqualified person) 25
(1) Section 87(5)(db)(i), `79(2)'-- 26
omit, insert-- 27
`79(1F) or (2)'. 28
(2) Section 87(5B)-- 29
Page 105
Transport and Other Legislation Amendment Bill 2011
Part 12 Amendment of Transport Operations (Road Use Management) Act 1995
[s 109]
insert-- 1
`(da) if the disqualification for which the application is made 2
resulted from the applicant's conviction for an offence 3
against section 79(1F)--a suspension under section 79B 4
resulting from the applicant being charged with the 5
offence; or'. 6
(3) Section 87-- 7
insert-- 8
`(5C) For subsection (5)(f), if-- 9
(a) the disqualification for which the application is made 10
resulted from the applicant's conviction for an offence 11
against section 79(1F); and 12
(b) immediately before the disqualification, the applicant's 13
provisional or open licence was suspended under section 14
79B(2) as a result of the applicant being charged with 15
the offence; 16
despite section 127(4), the applicant is the holder of a 17
provisional or open licence immediately before the 18
disqualification.'. 19
Clause 109 Amendment of s 90A (Definitions for ss 90B-90D) 20
Section 90A, definition designated offence, paragraph (a)(i), 21
and definition drink driving offence, paragraph (a)(ii), after 22
`79(1),'-- 23
insert-- 24
`(1F),'. 25
Clause 110 Amendment of s 91I (Definitions for pt 3B) 26
Section 91I, definition drink driving offence, paragraph (g), 27
`79(2)'-- 28
omit, insert-- 29
`79(1F), (2)'. 30
Page 106
Transport and Other Legislation Amendment Bill 2011
Part 12 Amendment of Transport Operations (Road Use Management) Act 1995
[s 111]
Clause 111 Amendment of s 91Q (Deciding application for interlock 1
exemption) 2
Section 91Q(3)(a)-- 3
omit, insert-- 4
`(a) that one of the following applies in relation to the 5
applicant's principal place of residence (the applicant's 6
residence)-- 7
(i) the shortest reasonable distance, or shortest 8
reasonable travelling time, using a motor vehicle, 9
between the applicant's residence and the nearest 10
place of business of a prescribed interlock installer 11
(the nearest place of business) is greater than the 12
distance or time prescribed under a regulation; 13
(ii) the applicant's residence is at a location, prescribed 14
under a regulation, from which the nearest place of 15
business is not reasonably accessible using a motor 16
vehicle; or 17
(iii) the applicant's residence is outside both of the 18
following-- 19
(A) a radius prescribed under a regulation from 20
the nearest place of business; 21
(B) an area in which a prescribed interlock 22
installer provides or operates a mobile 23
service for the installation of interlocks; or'. 24
Clause 112 Omission of s 170A (Expiry and amendment of certain 25
provisions) 26
Section 170A-- 27
omit. 28
Clause 113 Insertion of new ch 7, pt 16 29
After section 222-- 30
insert-- 31
Page 107
Transport and Other Legislation Amendment Bill 2011
Part 13 Amendment of Transport Operations (Road Use Management--Driver Licensing)
Regulation 2010
[s 114]
`Part 16 Transitional provision for 1
Transport and Other 2
Legislation Amendment Act 3
2011 4
`223 Amendment of Transport Operations (Road Use 5
Management--Driver Licensing) Regulation 2010 6
`The amendment of a regulation by the Transport and Other 7
Legislation Amendment Act 2011 does not affect the power of 8
the Governor in Council to further amend the regulation or to 9
repeal it.'. 10
Clause 114 Amendment of sch 4 (Dictionary) 11
Schedule 4-- 12
insert-- 13
`middle alcohol limit see section 79A.'. 14
Part 13 Amendment of Transport 15
Operations (Road Use 16
Management--Driver 17
Licensing) Regulation 2010 18
Clause 115 Regulation amended 19
This part amends the Transport Operations (Road Use 20
Management--Driver Licensing) Regulation 2010. 21
Clause 116 Amendment of s 90 (Definitions for pt 13) 22
Section 90, definition suspended licence, after `79B(1)(a),'-- 23
Page 108
Transport and Other Legislation Amendment Bill 2011
Part 14 Amendment of Transport Planning and Coordination Act 1994
[s 117]
insert-- 1
`(ab),'. 2
Part 14 Amendment of Transport 3
Planning and Coordination Act 4
1994 5
Clause 117 Act amended 6
This part amends the Transport Planning and Coordination 7
Act 1994. 8
Clause 118 Amendment of s 27 (Power of chief executive to lease, 9
sell or otherwise dispose of land) 10
Section 27, heading, after `land'-- 11
insert-- 12
`for transport purpose'. 13
Clause 119 Replacement of s 27A (Power of chief executive to 14
dispose of land subject to easement) 15
Section 27A-- 16
omit, insert-- 17
`27A Power of chief executive to dispose of land 18
`(1) This section applies if-- 19
(a) land has been acquired under this part, and is no longer 20
required by the chief executive as the constructing 21
authority, under the Acquisition of Land Act 1967; and 22
(b) the chief executive intends to offer the land to the former 23
owner. 24
Page 109
Transport and Other Legislation Amendment Bill 2011
Part 14 Amendment of Transport Planning and Coordination Act 1994
[s 119]
`(2) Also, this section applies despite the Acquisition of Land Act 1
1967, section 41. 2
`(3) Subsection (4) applies if the chief executive reasonably 3
believes an easement over all or part of the land is necessary 4
to ensure the structural and operational integrity of transport 5
infrastructure. 6
`(4) The chief executive must lodge with the registrar of titles the 7
documents that the registrar considers necessary to evidence 8
the easement in favour of the chief executive in the 9
appropriate register. 10
`(5) The chief executive must, within 7 years after the date of 11
acquisition, give notice of the chief executive's intention (the 12
chief executive's notice) to offer the land to the former owner. 13
`(6) The chief executive's notice must-- 14
(a) be in writing; and 15
(b) state that-- 16
(i) the chief executive intends to sell the land; and 17
(ii) if the chief executive has registered the easement 18
mentioned in subsection (4)--the easement has 19
been registered and the nature and terms of the 20
easement; and 21
(iii) the former owner must, within 28 days after the 22
notice is given (the relevant time), give written 23
notice to the chief executive (the former owner's 24
notice) about whether the former owner is 25
interested in buying the land; and 26
(iv) if the chief executive does not receive the former 27
owner's notice within the relevant time, the formal 28
offer lapses and the chief executive may dispose of 29
the land subject to any easement mentioned in 30
subsection (3). 31
`(7) Subsection (8) applies if the chief executive-- 32
Page 110
Transport and Other Legislation Amendment Bill 2011
Part 14 Amendment of Transport Planning and Coordination Act 1994
[s 119]
(a) receives, within the relevant time, the former owner's 1
notice stating the former owner is not interested in 2
buying the land; or 3
(b) does not receive the former owner's notice within the 4
relevant time. 5
`(8) The chief executive may, for the State, dispose of the land 6
subject to any easement in favour of the chief executive. 7
`(9) Subsection (10) applies if the chief executive receives, within 8
the relevant time, the former owner's notice stating the former 9
owner is interested in buying the land. 10
`(10) The chief executive must offer (the formal offer) the land, 11
subject to any easement, for sale to the former owner at a price 12
(the sale price) decided by the chief executive. 13
`(11) The formal offer must be in writing. 14
`(12) In deciding the price at the which the land may be sold under 15
subsection (8) or the sale price, the chief executive must take 16
into account-- 17
(a) a valuation by a registered valuer; and 18
(b) the policies and systems relating to the management of 19
government assets; and 20
(c) the existence of any easement. 21
`(13) A person contracting or otherwise dealing with the chief 22
executive is not concerned to inquire whether the 23
requirements of this section have been complied with, and the 24
title of the person to land acquired from the chief executive is 25
not affected by a failure to comply with the requirements. 26
`(14) In this section-- 27
former owner see the Acquisition of Land Act 1967, section 28
41(2). 29
registered valuer means a valuer registered under the Valuers 30
Registration Act 1992.'. 31
Page 111
Transport and Other Legislation Amendment Bill 2011
Part 15 Amendment of Transport (Rail Safety) Act 2010
[s 120]
Part 15 Amendment of Transport (Rail 1
Safety) Act 2010 2
Clause 120 Act amended 3
This part amends the Transport (Rail Safety) Act 2010. 4
Clause 121 Amendment of s 42 (Exemption may be granted) 5
Section 42(1) and (3), `private isolated'-- 6
omit, insert-- 7
`low risk'. 8
Clause 122 Amendment of s 43 (Application for exemption) 9
Section 43(1), `private isolated'-- 10
omit, insert-- 11
`low risk'. 12
Clause 123 Amendment of s 44 (What applicant must demonstrate 13
and conditions that may be imposed) 14
Section 44(2)(b)(i)-- 15
omit. 16
Clause 124 Insertion of new pt 12A 17
After section 267-- 18
insert-- 19
Page 112
Transport and Other Legislation Amendment Bill 2011
Part 15 Amendment of Transport (Rail Safety) Act 2010
[s 124]
`Part 12A Protection for 1
whistleblowers 2
`267A Application of pt 12A 3
`This part applies to a person other than a person who makes a 4
disclosure as a public officer under the Public Interest 5
Disclosure Act 2010. 6
`267B General limitation 7
`(1) A person (the disclosing person) is not civilly or criminally 8
liable for disclosing information to an official about a person's 9
conduct, whether committed before or after the 10
commencement of this section, that the disclosing person 11
honestly believes, on reasonable grounds, contravenes this 12
Act. 13
`(2) Without limiting subsection (1)-- 14
(a) in a proceeding for defamation, the disclosing person 15
has a defence of absolute privilege for publishing the 16
disclosed information; and 17
(b) if the disclosing person would otherwise be required to 18
maintain confidentiality about the disclosed information 19
under an Act, agreement, oath, rule of law or practice, 20
the disclosing person does not-- 21
(i) contravene the Act, oath, rule of law or practice by 22
making the disclosure; or 23
(ii) breach the agreement by making the disclosure. 24
`(3) In this section-- 25
agreement includes a contract or deed. 26
Page 113
Transport and Other Legislation Amendment Bill 2011
Part 15 Amendment of Transport (Rail Safety) Act 2010
[s 125]
`267C Liability for conduct unaffected 1
`(1) The liability of the disclosing person for his or her own 2
conduct is not affected only because the disclosing person 3
discloses the conduct to an official. 4
`(2) However, a court may have regard to the disclosure if-- 5
(a) the disclosing person is prosecuted for an offence 6
involving the conduct; and 7
(b) the disclosing person's conduct was in compliance with 8
an express instruction of a rail transport operator or 9
someone authorised by a rail transport operator to give 10
the instruction. 11
`(3) Subsection (2) does not limit the Penalties and Sentences Act 12
1992.'. 13
Clause 125 Amendment of sch 3 (Dictionary) 14
(1) Schedule 3, definition private isolated railway-- 15
omit. 16
(2) Schedule 3-- 17
insert-- 18
`disclosing person see section 267B(1). 19
low risk railway means a railway not connected to or 20
associated with-- 21
(a) railway tracks, or any other rail infrastructure, of 22
another railway; or 23
(b) a rail or public road crossing. 24
rail or public road crossing means a part of a public road's 25
road transport infrastructure, as defined under the Transport 26
Infrastructure Act 1994, schedule 6, that is-- 27
(a) a level crossing as defined under the Queensland Road 28
Rules, section 120; or 29
Page 114
Transport and Other Legislation Amendment Bill 2011
Part 15 Amendment of Transport (Rail Safety) Act 2010
[s 125]
(b) an area where a footpath, as defined under the Transport 1
Operations (Road Use Management) Act 1995, schedule 2
4, crosses a railway at substantially the same level; or 3
(c) an area where a shared path, as defined under the 4
Queensland Road Rules, section 242, crosses a railway 5
at substantially the same level; or 6
(d) a bridge carrying a public road over a railway; or 7
(e) a bridge carrying a railway over a public road; or 8
(f) a lane of a public road on which rolling stock moves 9
alongside road vehicles on the public road.'. 10
(3) Schedule 3, definition rail or road crossing, paragraph (b), 11
after `Transport'-- 12
insert-- 13
`Operations'. 14
� State of Queensland 2011
Page 115
AMENDMENTS TO BILL
Transport and Other Legislation Amendment Bill 2011
Transport and Other Legislation
Amendment Bill 2011
Amendments agreed to during Consideration
1 Clause 2 (Commencement)
Page 12, line 17--
omit, insert--
`� section 91, other than to the extent it inserts sections 190
and 191
� section 93
� section 94(3), (4) and (5).'.
2 Clause 2 (Commencement)
Page 12, line 21, `section 191'--
omit, insert--
`sections 190 and 191'.
3 Clause 31 (Amendment of s 105GA (Declaration))
Page 24, line 9, after `or (b)'--
insert--
`,'.
4 Clause 32 (Amendment of s 105H (Declaration of land as
local government tollway corridor land))
Page 24, line 24, after `paragraph (b)'--
insert--
`,'.
Page 1
Transport and Other Legislation Amendment Bill 2011
5 Clause 38 (Amendment of s 109 (Definitions for pt 2))
Page 29, line 26, `--the'--
omit, insert--
`--a rail feasibility'.
6 Clause 38 (Amendment of s 109 (Definitions for pt 2))
Page 30, line 1, `and'--
omit, insert--
`or'.
7 Clause 51 (Insertion of new s 303AC)
Page 37, lines 26 and 27, `or busway transport infrastructure
under that section'--
omit, insert--
`under that section or busway transport infrastructure'.
8 Clause 56 (Amendment of s 355A (Licence in relation to
light rail land or infrastructure))
Page 39, line 28, `355AB(8)'--
omit, insert--
`355A(8)'.
9 Clause 57 (Insertion of new s 355B)
Page 40, lines 23 and 24, `or light rail transport infrastructure
under that section'--
omit, insert--
`under that section or light rail transport infrastructure'.
10 Clause 63 (Insertion of new ch 15A)
Page 44, line 9, after `land'--
Page 2
Transport and Other Legislation Amendment Bill 2011
insert--
`and other land that is State land on which busway transport
infrastructure is situated'.
11 Clause 63 (Insertion of new ch 15A)
Page 44, line 13, after `land'--
insert--
`and other land that is State land on which light rail transport
infrastructure is situated'.
12 Clause 68 (Amendment of sch 6 (Dictionary))
Page 57, lines 10 to 12--
omit, insert--
`(4) Schedule 6, definition light rail manager, after `operations'--
insert--
`, under the Rail Safety Act,'.
13 Clause 80 (Insertion of new ch 4A)
Page 65, lines 7 to 15--
omit, insert--
`(4) In this section--'.
14 Clause 94 (Amendment of sch 3 (Dictionary))
Page 95, line 31, `17 years'--
omit, insert--
`when the person'.
15 Clause 94 (Amendment of sch 3 (Dictionary))
Page 96, lines 2 to 4--
Page 3
Transport and Other Legislation Amendment Bill 2011
omit, insert--
`who is subject to an obligation or order mentioned in the
CCYPCG Act, section 170(b), or by a person when the person
was at least 17 years and for which an imprisonment order is
or was imposed--'.
16 Clause 94 (Amendment of sch 3 (Dictionary))
Page 96, lines 11 to 22--
omit, insert--
`(5) Schedule 3, definition category B driver disqualifying offence,
paragraph (b), `person was under 17 years.'--
omit, insert--
`person was--
(i) under 17 years, whether or not an imprisonment
order is or was imposed, if the person is not subject
to an obligation or an order mentioned in the
CCYPCG Act, section 170(b); or
(ii) at least 17 years and--
(A) no imprisonment order is or was imposed;
and
(B) the person is not subject to an obligation or
order mentioned in the CCYPCG Act,
section 170(b).'.'.
� State of Queensland 2011
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