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Queensland
TRANSPORT LEGISLATION
AMENDMENT BILL 1999
Queensland
TRANSPORT LEGISLATION
AMENDMENT BILL 1999
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
PART 2--AMENDMENT OF TRAFFIC ACT 1949
3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
4 Omission of pt 4 (Offences in relation to public transport) . . . . . . . . . . . . . 10
5 Omission of s 62 (Court may order penalty be paid to aggrieved
person) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
PART 3--AMENDMENT OF TRANSPORT INFRASTRUCTURE
ACT 1994
6 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
7 Amendment of title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
8 Amendment of s 2 (Objectives of this Act) . . . . . . . . . . . . . . . . . . . . . . . . . . 11
9 Amendment of s 9 (Obligations about government supported
transport infrastructure) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
10 Amendment of s 10 (Report on giving effect to s 9) . . . . . . . . . . . . . . . . . . 12
11 Insertion of new ch 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
CHAPTER 4A--AIR TRANSPORT INFRASTRUCTURE
20A Air transport infrastructure funding programs . . . . . . . . . . . . . . . . . . . 12
20B Report on implementation of program . . . . . . . . . . . . . . . . . . . . . . . . 13
12 Amendment of s 22 (Definitions for ch 5) . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
13 Amendment of s 47 (Ancillary works and encroachments) . . . . . . . . . . . . . 14
14 Amendment of s 49 (Alteration etc. of ancillary works and
encroachments) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
2
Transport Legislation Amendment
15 Amendment of ch 5, pt 5, div 2, sdiv 2, hdg (Special
arrangements for means of access) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
16 Amendment of s 50 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
17 Replacement of ss 51-56 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
51 Limited access roads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
51A Local government to be consulted on proposed declaration
or policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
51B Information in s 51 gazette notice about a declaration . . . . . . . . . . 17
51C Information in s 51 gazette notice about new or
replacement policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
51D Amendment of policy for a limited access road in limited
circumstances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
51E Gazette notices must show location of limited access road . . . . . . 20
51F Advertisement of gazette notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
51G Offence for limited access roads . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
52 Management of access between individual properties and
State-controlled roads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
52A Chief executive may require additional information from
applicant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
52B Decision under s 52(1) may impose construction or
financial obligation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
52C Limitation on new decisions under s 52(1) . . . . . . . . . . . . . . . . . . . . 22
52D Road access works within State-controlled road . . . . . . . . . . . . . . . . 23
52E Notice of decision under s 52(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
52F Other persons may, by notice, also become bound by a
decision under s 52(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
52G Direction to owner or occupier to apply for permitted road
access location . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
53 Offences about road access locations and road access
works, relating to decisions under s 52(1) . . . . . . . . . . . . . . . . . . . . . 25
54 Chief executive may take steps to prevent or deal with
contravention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
55 Chief executive may supply or contribute to new access
arrangements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
56 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
18 Amendment of s 57 (Cases where compensation not payable) . . . . . . . . . . 28
3
Transport Legislation Amendment
19 Insertion of new s 57A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
57A Conditions in development approval under Integrated
Planning Act 1997 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
20 Amendment of s 75 (Scope of chapter) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
21 Insertion of new s 84A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
84A Annual levy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
22 Amendment of s 104 (Power of authorised person to investigate
incident) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
23 Omission of ss 105-108 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
24 Amendment of s 181A (Meaning of "miscellaneous transport
infrastructure") . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
25 Insertion of new ch 8B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
CHAPTER 8B--PUBLIC MARINE TRANSPORT
INFRASTRUCTURE
PART 1--PUBLIC MARINE FACILITIES
187B Appointment of manager of public marine facility . . . . . . . . . . . . . . 32
187C Manager's responsibility for maintenance and injuries etc. . . . . . . . 33
187D Management by chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
187E Management by local government . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
187F Management by port authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
187G Management by another person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
187H Exercise of manager's powers to be consistent with conditions . . . 35
187I Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
187J When manager may resign . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
187K Removal of improvements added by manager . . . . . . . . . . . . . . . . . 36
187L Regulation prevails over action taken by a manager under
this part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
187M Object of pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
187N Functions of chief executive under pt 2 . . . . . . . . . . . . . . . . . . . . . . . 38
187O Waterway transport management plan . . . . . . . . . . . . . . . . . . . . . . . . 38
187P Contents of a waterway transport management plan . . . . . . . . . . . . 39
187Q Notice of draft waterway transport management plan . . . . . . . . . . . 39
187R Other laws prevail over waterway transport management plan . . . . 39
4
Transport Legislation Amendment
26 Insertion of new s 240A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
240A Expiries under this part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
27 Replacement of ch 10, pt 4, div 5, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
28 Insertion of new ch 11, pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
PART 2--TRANSITIONAL PROVISIONS FOR THE
TRANSPORT LEGISLATION AMENDMENT ACT 1999
263 Definitions for pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
264 Transitional--access-limited roads . . . . . . . . . . . . . . . . . . . . . . . . . . 41
265 Transitional--previous decisions about access . . . . . . . . . . . . . . . . . 42
266 Transitional--ancillary works and encroachments . . . . . . . . . . . . . . 42
29 Insertion of new s 267 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
267 Transitional--wharf or other harbour work . . . . . . . . . . . . . . . . . . . . . 43
30 Amendment of sch 1 (Subject matter for regulations) . . . . . . . . . . . . . . . . . 44
31 Insertion of new sch 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
SCHEDULE 1A--SUBJECT MATTER FOR WATERWAY
TRANSPORT MANAGEMENT PLANS
32 Amendment of sch 2, hdg (Appeals) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
33 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
PART 4--AMENDMENT OF THE TRANSPORT OPERATIONS
(MARINE POLLUTION) ACT 1995
34 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
35 Insertion of new s 55A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
55A Shipboard waste management plan . . . . . . . . . . . . . . . . . . . . . . . . . . 48
36 Amendment of s 111 (Definitions for part) . . . . . . . . . . . . . . . . . . . . . . . . . . 48
37 Amendment of s 115 (Claims on security) . . . . . . . . . . . . . . . . . . . . . . . . . . 49
38 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
PART 5--AMENDMENT OF TRANSPORT OPERATIONS
(PASSENGER TRANSPORT) ACT 1994
39 Act amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
40 Amendment of s 14 (Operator accreditation standards) . . . . . . . . . . . . . . . . 50
41 Insertion of new s 22A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
22A Operator accreditation is evidence of being the operator . . . . . . . . . 50
42 Amendment of s 26 (Driver authorisation standards) . . . . . . . . . . . . . . . . . . 50
5
Transport Legislation Amendment
43 Insertion of new s 29A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
29A Restricted driver authorisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
44 Amendment of s 39 (Scope of service contracts) . . . . . . . . . . . . . . . . . . . . . 51
45 Insertion of new s 42A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
42A Other declarations that service contracts are required . . . . . . . . . . . 51
46 Amendment of 43 (Obligation to hold service contracts) . . . . . . . . . . . . . . 52
47 Amendment of s 44 (Term of service contracts) . . . . . . . . . . . . . . . . . . . . . . 52
48 Amendment of s 46 (Review of holder's performance) . . . . . . . . . . . . . . . . 52
49 Replacement of s 48 (Transfer or surrender of service contracts) . . . . . . . . 52
48 Transfer or surrender of service contracts etc. . . . . . . . . . . . . . . . . . . 52
50 Omission of s 53 (Special consideration for government funded
service contracts for the transport of eligible school children) . . . . . . . . . . 53
51 Replacement of ch 6, pt 2, div 2, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
52 Amendment of s 56 (Entitlement of existing operators) . . . . . . . . . . . . . . . . 54
53 Amendment of s 57 (Entering into a service contract for a
scheduled passenger service) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
54 Amendment of s 60 (Amendments of service contracts) . . . . . . . . . . . . . . . 54
55 Amendment of s 62 (Offer of new service contract) . . . . . . . . . . . . . . . . . . . 55
56 Insertion of new ch 6, pt 2, div 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
Division 2A--Inviting offers for prescribed school service contracts
62AA Application of div 2A to previous prescribed school
service contracts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
62AB Entitlement of an existing operator providing substantially
the same service under a transitional provision . . . . . . . . . . . . . . . . 56
62AC Entitlement of satisfactorily performing existing operator
under a service contract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
62AD First opportunity to offer may be given to existing operator
of school services under a service contract or transitional
provision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
62AE When public offer must be invited, and when offers may
be invited in another way . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
62AF Prohibition on making offers to allow first opportunity . . . . . . . . . . . 59
57 Amendment of s 74 (Conditions of taxi service licences) . . . . . . . . . . . . . . 59
58 Insertion of new s 74AB . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
74AB Prohibitions on using taxis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
6
Transport Legislation Amendment
59 Amendment of s 100 (Direction to comply with standards) . . . . . . . . . . . . . 61
60 Amendment of s 119 (Protection from liability) . . . . . . . . . . . . . . . . . . . . . . 62
61 Amendment of s 129 (Power to require production of certain
documents) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
62 Amendment of s 130 (False or misleading information) . . . . . . . . . . . . . . . 63
63 Amendment of s 131 (False, misleading or incomplete documents) . . . . . 63
64 Replacement of ss 135 and 136 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
135 Obstructing authorised person or authorised person for a railway . . 64
136 Impersonating authorised person or authorised person for a
railway . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
65 Amendment of s 140 (Power to require person to leave train etc.) . . . . . . . 64
66 Insertion of new ch 11A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
CHAPTER 11A--FARE EVASION AND OTHER
MISCONDUCT ON VEHICLES OTHER THAN TRAINS
143AB Application of ch 11A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
143AC Definitions for ch 11A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
143AD Fare evasion and obtaining hire of vehicle by fraud etc. . . . . . . . . 65
143AE Vehicle and equipment not to be interfered with . . . . . . . . . . . . . . . 66
143AF Creating disturbance or nuisance on vehicle . . . . . . . . . . . . . . . . . . 66
143AG Direction to leave, or not to enter, vehicle . . . . . . . . . . . . . . . . . . . . 66
143AH Direction to leave vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
143AI Direction not to be given in particular circumstances . . . . . . . . . . . 67
143AJ Person given direction to be told particular things . . . . . . . . . . . . . . 67
143AK Offence to contravene direction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
67 Insertion of new s 154A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
154A Direction to pay operator the penalty recovered for fare
evasion etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
68 Amendment of s 161 (Arrangements for school transport--fixed
term contracts) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
69 Amendment of s 162 (Arrangements for school transport--other
contracts) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
70 Amendment of sch 2 (Reviewable decisions) . . . . . . . . . . . . . . . . . . . . . . . . 69
71 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
7
Transport Legislation Amendment
PART 6--AMENDMENT OF TRANSPORT OPERATIONS
(ROAD USE MANAGEMENT) ACT 1995
72 Act amended in schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
PART 7--REPEAL OF SEA CARRIAGE OF GOODS (STATE)
ACT 1930
73 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 72
MINOR AMENDMENTS OF TRANSPORT OPERATIONS
(ROAD USE MANAGEMENT) ACT 1995
1999
A BILL
FOR
An Act to amend legislation administered by the Minister for
Transport and Minister for Main Roads
s1 10 s5
Transport Legislation Amendment
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
title 3
Short
Clause 1. This Act may be cited as the Transport Legislation Amendment Act 4
1999. 5
6
Commencement
Clause 2. This Act commences on a day to be fixed by proclamation. 7
PART 2--AMENDMENT OF TRAFFIC ACT 1949 8
amended in pt 2 9
Act
Clause 3. This part amends the Traffic Act 1949. 10
of pt 4 (Offences in relation to public transport) 11
Omission
Clause 4. Part 4-- 12
omit. 13
of s 62 (Court may order penalty be paid to aggrieved 14
Omission
person) 15
Clause 5. Section 62-- 16
omit. 17
s6 11 s9
Transport Legislation Amendment
ART 3--AMENDMENT OF TRANSPORT 1
P
INFRASTRUCTURE ACT 1994 2
amended in pt 3 3
Act
Clause 6. This part amends the Transport Infrastructure Act 1994. 4
of title 5
Amendment
Clause 7. Title, at the end-- 6
insert-- 7
`and related matters'.Clause 8
of s 2 (Objectives of this Act) 9
Amendment
8. Section 2(2)-- 10
insert-- 11
`(f) for air--to promote basic access to air services, and regional 12
development, by making provision about air transport 13
infrastructure; 14
(g) for public marine transport--to establish a regime under which-- 15
(i) public marine facilities are effectively and efficiently 16
managed; and 17
(ii) the use of waterways for transport purposes is effectively 18
and efficiently managed.'. 19
of s 9 (Obligations about government supported 20
Amendment
transport infrastructure) 21
Clause 9.(1) Section 9, `, and the boards of Queensland Rail and each port 22
authority,'-- 23
omit. 24
s 10 12 s 11
Transport Legislation Amendment
(2) Section 9(a), `entity'-- 1
omit, insert-- 2
`chief executive'. 3
of s 10 (Report on giving effect to s 9) 4
Amendment
Clause 10. Section 10, `, Queensland Rail and each port authority'-- 5
omit. 6
of new ch 4A 7
Insertion
Clause 11. After section 20-- 8
insert-- 9
`CHAPTER 4A--AIR TRANSPORT 10
INFRASTRUCTURE 11
transport infrastructure funding programs 12
`Air
`20A.(1) The chief executive may develop, for the Minister's approval, 13
an air transport infrastructure funding program. 14
`(2) The purpose of a program is to facilitate basic access to air transport 15
services and regional development. 16
`(3) An air transport infrastructure funding program must include a 17
program of government funding to facilitate the upgrading or building of 18
runways, landing strips or ancillary works. 19
`(4) The chief executive may, with the Minister's approval, amend an air 20
transport infrastructure funding program. 21
`(5) The chief executive may develop guidelines, consistent with the 22
objectives of this Act and government policy, for assessing funding 23
applications under a program. 24
`(6) The chief executive must make any current program or guidelines 25
publicly available. 26
s 12 13 s 12
Transport Legislation Amendment
on implementation of program 1
`Report
`20B. Each annual report of the department must include a report on the 2
implementation of the air transport infrastructure funding program for the 3
year of the report.'. 4
of s 22 (Definitions for ch 5) 5
Amendment
Clause 12.(1) Section 22, definition "ancillary works and encroachments", 6
paragraph (a)(i)-- 7
omit, insert-- 8
`(i) cane railways;'. 9
(2) Section 22, definition "ancillary works and encroachments", 10
paragraph (a)(ix), before `pipes' and `tanks'-- 11
insert-- 12
`water'. 13
(3) Section 22 definition "ancillary works and encroachments", after 14
paragraph (a)(ix)-- 15
insert-- 16
`(ixa) pipes; 17
(ixb) tanks;'. 18
(4) Section 22, definition "ancillary works and encroachments", 19
paragraph (a)(xi)-- 20
omit, insert-- 21
`(xi) road access works'. 22
(5) Section 22, definition "ancillary works and encroachments", 23
paragraph (a)(xv), `or'-- 24
omit. 25
(6) Section 22, definition "ancillary works and encroachments", 26
paragraph (a)-- 27
insert-- 28
`(xvi) pumps and bowsers; or'. 29
s 13 14 s 13
Transport Legislation Amendment
(7) Section 22, definition "means of access"-- 1
omit. 2
(8) Section 22-- 3
insert-- 4
"road access works" means-- 5
(a) a physical means of entry or exit for traffic between land and a 6
road; or 7
8
Example--
9
a driveway.
(b) road works providing entry or exit for traffic between works 10
mentioned in paragraph (a) and the part of the road formed or 11
prepared for use by general traffic. 12
13
Example--
14
An acceleration or deceleration lane, or a laneway, lane or track, connecting a
15
driveway of a property adjacent to a road to a lane on the road designed to carry
16
through traffic.'.
of s 47 (Ancillary works and encroachments) 17
Amendment
Clause 13.(1) Section 47(6)-- 18
renumber as section 47(7). 19
(2) Section 47-- 20
insert-- 21
`(6) If approval is required under subsection (2) for ancillary works and 22
encroachments that are road access works, the approval-- 23
(a) may only be given if there is a permitted road access location 24
under a decision in force under section 52(1) in relation to the 25
road access works;1 and 26
1 For an application to obtain a permitted road access location, see section 52
(Management of access between individual properties and State-controlled
roads)
s 14 15 s 15
Transport Legislation Amendment
(b) is in force only while the decision specifying the permitted road 1
access location remains in force.'. 2
of s 49 (Alteration etc. of ancillary works and 3
Amendment
encroachments) 4
Clause 14.(1) Section 49(4)(b)-- 5
renumber as section 49(4)(c). 6
(2) Section 49(4)(a)-- 7
omit, insert-- 8
`(a) by themselves or with other factors-- 9
(i) are creating or may in the future create a traffic hazard; or 10
(ii) are reducing or may in the future reduce safety; or 11
(iii) are having or may in the future have an adverse effect on 12
traffic operations; or 13
(b) require emergency action; or'. 14
(3) Section 49(4)(c) as renumbered, after `become'-- 15
insert-- 16
` or may in the future become'. 17
(4) Section 49(5), `a means of access'-- 18
omit, insert-- 19
`road access works'. 20
of ch 5, pt 5, div 2, sdiv 2, hdg (Special arrangements for 21
Amendment
means of access) 22
Clause 15. Chapter 5, part 5, division 2, subdivision 2, heading-- 23
omit, insert-- 24
`Subdivision 2--Special arrangements about access'. 25
s 16 16 s 17
Transport Legislation Amendment
of s 50 (Definitions) 1
Amendment
Clause 16.(1) Section 50, definition "approved means of access"-- 2
omit. 3
(2) Section 50-- 4
insert-- 5
` "declaration" has the meaning given by section 51(1). 6
"land", adjacent to a State-controlled road, includes land that is not 7
adjacent to the road but is benefited by an easement, registered under 8
the Land Title Act 1994-- 9
(a) that is over land that is adjacent to the road; and 10
(b) that starts at the boundary between the land mentioned in 11
paragraph (a) and the road. 12
"owner" includes a lessee under the Land Act 1994. 13
"permitted road access location" means a permitted road access location 14
under a decision in force under section 52(1). 15
"road access location" means a location on a property boundary 16
between land and a road for the entry or exit of traffic.'. 17
of ss 51-56 18
Replacement
Clause 17. Sections 51 to 56-- 19
omit, insert-- 20
access roads 21
`Limited
`51.(1) The chief executive, by gazette notice complying with 22
sections 51B and 51C, may declare part or all of a State-controlled road to 23
be a limited access road (a "declaration"). 24
`(2) For each limited access road proposed to be declared, the chief 25
executive must make a policy about the application of section 52 to access 26
between the limited access road and adjacent land. 27
s 17 17 s 17
Transport Legislation Amendment
`(3) For a State-controlled road that is a limited access road under 1
section 264(1),2 the chief executive may-- 2
(a) develop a policy about the application of section 52 to access 3
between the road and adjacent land; and 4
(b) publish a gazette notice complying with section 51C about the 5
policy. 6
`(4) If a gazette notice mentioned in subsection (1) or (3) is published for 7
a limited access road, the chief executive-- 8
(a) must ensure there is always a policy for the road while it is a 9
limited access road; and 10
(b) by gazette notice complying with section 51C, may replace the 11
policy as it exists at any time for the road; and 12
(c) without a gazette notice, may amend the policy under 13
section 51D; and 14
(d) must apply the policy as made, amended or replaced. 15
government to be consulted on proposed declaration or policy 16
`Local
`51A. The chief executive must, before giving effect to a proposal to 17
publish a gazette notice to make, amend or revoke a declaration or to make, 18
amend or replace a policy for a limited access road-- 19
(a) notify each local government, that the chief executive considers is 20
affected by the proposal, of the proposal; and 21
(b) give each notified local government a reasonable opportunity to 22
make a submission to the chief executive on the proposal. 23
in s 51 gazette notice about a declaration 24
`Information
`51B. A gazette notice under section 51(1) must state-- 25
(a) the reasons for the declaration; and 26
2 Section 264 (Transitional--access-limited roads)
s 17 18 s 17
Transport Legislation Amendment
(b) that any person whose interests are affected by the declaration 1
may-- 2
(i) under section 1963--ask for the decision to be reviewed and 3
appeal against the reviewed decision; and 4
(ii) under the Transport Planning and Coordination Act 1994, 5
part 54--ask for the decision or the reviewed decision to be 6
stayed. 7
in s 51 gazette notice about new or replacement policy 8
`Information
`51C.(1) A gazette notice under section 51(1), (3)(b) or (4)(b) for a 9
limited access road must state the following-- 10
(a) that there is a policy, that will be applied, about the application of 11
section 52 to access between the road and adjacent land; 12
(b) if the policy is replacing another policy, that a policy identified in 13
the notice is being replaced; 14
(c) the text of section 51G; 15
(d) either-- 16
(i) the text of the policy; or 17
(ii) a notice that the policy is available for inspection, free of 18
charge, during business hours at stated places; 19
(e) that the policy may be amended at any time without a gazette 20
notice if-- 21
(i) the amendment merely changes or repeals specific provision 22
for 1 or more particular properties; and 23
(ii) the owner or occupier of each property has been given 24
written notice of the amendment; 25
3 Section 196 (Review of and appeals against decisions)
4 Transport Planning and Coordination Act 1994, part 5 (Review of and appeals
against decisions)
s 17 19 s 17
Transport Legislation Amendment
(f) that any person whose interests are affected by a policy, or, if the 1
policy is a replacement policy, any change of the policy being 2
replaced, may-- 3
(i) under section 196--ask for the decision to be reviewed and 4
appeal against the reviewed decision; and 5
(ii) under the Transport Planning and Coordination Act 1994, 6
part 5--ask for the decision or the reviewed decision to be 7
stayed. 8
`(2) If the policy for the limited access road is replacing another policy, 9
the rights mentioned in subsection (1)(f) of a person mentioned in 10
subsection (1)(f) are limited to any change the policy makes to the replaced 11
policy. 12
of policy for a limited access road in limited 13
`Amendment
circumstances 14
`51D.(1) The chief executive may amend a policy for a limited access, as 15
opposed to replacing the policy, if-- 16
(a) the amendment is a mere change or repeal of a specific provision 17
for 1 or more particular properties; and 18
(b) the chief executive has given the owner or occupier of each 19
property written notice of the amendment. 20
`(2) The written notice mentioned in subsection (1)(b) must state-- 21
(a) the notice is given under this section; and 22
(b) the reasons for the decision; and 23
(c) that any person whose interests are affected by the decision 24
may-- 25
(i) under section 196--ask for the decision to be reviewed and 26
appeal against the reviewed decision; and 27
(ii) under the Transport Planning and Coordination Act 1994, 28
part 5--ask for the decision or the reviewed decision to be 29
stayed. 30
s 17 20 s 17
Transport Legislation Amendment
notices must show location of limited access road 1
`Gazette
`51E. A gazette notice under section 51 must contain enough information 2
to allow the location of the limited access road to be identified, for example 3
by including the following information-- 4
(a) the points at which the limited access road starts or ends; 5
(b) its alignment; 6
(c) the boundaries of the State-controlled road to which limitation of 7
access is to be applied. 8
of gazette notice 9
`Advertisement
`51F.The publishing of a gazette notice under section 51 must be 10
advertised in a newspaper circulating in the area of the limited access road, 11
or if there is no newspaper circulating in the area, in a newspaper circulating 12
throughout the State. 13
for limited access roads 14
`Offence
`51G. A person must not construct or change a physical means of entry 15
or exit for traffic between land and a limited access road without first 16
obtaining a decision under section 52(1) that authorises the construction or 17
change. 18
Maximum penalty--200 penalty units. 19
of access between individual properties and 20
`Management
State-controlled roads 21
`52.(1) The chief executive may, for 1 or more State-controlled roads and 22
particular adjacent land, on application by a person with an interest in the 23
land or the chief executive's own initiative, make a written decision stating 24
any of the following-- 25
(a) the location or locations at which access between the land and the 26
road is permitted (a "permitted road access location"); 27
(b) restrictions on the use of a permitted road access location; 28
(c) conditions on the use of a permitted road access location; 29
s 17 21 s 17
Transport Legislation Amendment
(d) where particular road access works, or a stated type of road 1
access works, must be situated; 2
(e) conditions or restrictions on the use of road access works; 3
(f) that access at a location or locations is no longer permitted; 4
(g) that road access works for construction at a place must be of a 5
stated type, standard or extent or be constructed in a stated way; 6
(h) that either the type, construction or extent of existing road access 7
works must be changed in a way stated by the chief executive or 8
the use of the works must be discontinued; 9
(i) that all access between the road and the land is prohibited or no 10
longer prohibited; 11
(j) that stated existing road access works must be removed by the 12
owner within a stated reasonable time; 13
(k) without limiting paragraphs (f) to (j), that anything mentioned in 14
paragraphs (a) to (e) is changed or must be changed as stated in 15
the decision. 16
`(2) A condition or restriction under subsection (1) may, for example, be 17
any of the following-- 18
(a) a prohibition on the use of the permitted road access location or 19
road access works by pedestrians; 20
(b) a prohibition on turns by vehicles going in or out of the land; 21
(c) a restriction on the type and number of vehicles the owner, 22
occupier or person who applied for the decision may allow to use 23
the permitted road access location; 24
(d) a requirement that the owner, occupier or person who applied for 25
the decision take reasonable, or stated reasonable, steps to ensure 26
the permitted road access location is used by others in accordance 27
with the conditions; 28
(e) a restriction on when the permitted road access location may be 29
used. 30
`(3) All or part of a decision may be limited to a stated period by 31
reference to time or circumstance. 32
s 17 22 s 17
Transport Legislation Amendment
`(4) A decision must be consistent with any policy under section 51 that 1
is applicable to the decision. 2
executive may require additional information from applicant 3
`Chief
`52A. The chief executive may-- 4
(a) require an applicant for a decision under section 52(1) to give the 5
chief executive any additional information the chief executive 6
reasonably needs to decide the application; and 7
(b) refuse to consider the application until the applicant gives the 8
required information. 9
under s 52(1) may impose construction or financial 10
`Decision
obligation 11
`52B. A decision under subsection 52(1) made on application by a 12
person with an interest in the land, other than on an application in 13
compliance with a direction given under section 52G, may include either or 14
both of the following conditions-- 15
(a) that the applicant construct, pay for, or contribute to the cost of, 16
stated road access works to be constructed to a stated standard; 17
(b) that the applicant maintain, pay for, or contribute to the cost of, 18
maintaining stated road access works to a stated standard. 19
on new decisions under s 52(1) 20
`Limitation
`52C. If there is a permitted road access location for land, the chief 21
executive may make a new decision under section 52(1) for the land on the 22
chief executive's own initiative only if the chief executive considers the 23
permitted road access location, road access works associated with it, or the 24
use of either of them-- 25
(a) by themselves, or with other factors-- 26
(i) are creating or may in the future create a traffic hazard; or 27
(ii) are reducing or may in the future reduce safety; or 28
s 17 23 s 17
Transport Legislation Amendment
(iii) are having or may in the future have an adverse effect on 1
traffic operations; or 2
(b) require emergency action; or 3
(c) has become or may in the future become an obstacle to-- 4
(i) the carrying out of road works on a State-controlled road; or 5
(ii) the construction, augmentation, alteration or maintenance of 6
ancillary works and encroachments, or public utility plant, 7
on a State-controlled road. 8
access works within State-controlled road 9
`Road
`52D.(1) To remove doubt, it is declared that-- 10
(a) a decision under section 52(1) does not give rise to any rights 11
whether beneficial or otherwise in any property that is on, or part 12
of, a State-controlled road; and 13
(b) section 52 does not limit the chief executive's powers to change, 14
remove, construct or deal with road access works to the extent 15
they are on, or part of, a State-controlled road. 16
`(2) Also, it is declared that the chief executive is not obliged to consider 17
making or obliged to make a decision for a person under section 52(1) in 18
relation to road access works to the extent they are on, or part of, a 19
State-controlled road if none of the following circumstances relevant to the 20
decision exist-- 21
(a) action by the chief executive in substance changing the effect of a 22
previous decision, binding on the person, in force under 23
section 52(1) about anything mentioned in section 52(1)(a) to (c); 24
(b) action by the chief executive affecting a written agreement under 25
this Act between the chief executive and the person bound by a 26
decision under 52(1). 27
`(3) Subsection (2) does not limit the discretion of the chief executive 28
under section 52(1). 29
s 17 24 s 17
Transport Legislation Amendment
of decision under s 52(1) 1
`Notice
`52E.(1) If the chief executive makes a decision under section 52(1), the 2
chief executive must give written notice of the decision to each of the 3
following persons-- 4
(a) the owner of the land; 5
(b) the occupier of the land; 6
(c) any person who may have applied for the decision. 7
`(2) The notice must state the following-- 8
(a) the notice is given under this section; 9
(b) the reasons for the decision; 10
(c) the person is bound by the decision because of section 53; 11
(d) the text of section 53; 12
(e) that any person whose interests are affected by the decision 13
may-- 14
(i) under section 196--ask for the decision to be reviewed and 15
appeal against the reviewed decision; and 16
(ii) under the Transport Planning and Coordination Act 1994, 17
part 5--ask for the decision or the reviewed decision to be 18
stayed; 19
(f) that there is no guarantee of the continuation of road access 20
arrangements, as this depends on future traffic safety and 21
efficiency circumstances. 22
`(3) A person who has an interest in particular land may ask the chief 23
executive, in writing, to give the person a copy of any decision in force 24
under section 52(1) for the land. 25
`(4) The chief executive must give the person the copy. 26
persons may, by notice, also become bound by a decision 27
`Other
under s 52(1) 28
`52F.(1) If a particular person is not already bound by a decision under 29
section 52(1), the chief executive may-- 30
s 17 25 s 17
Transport Legislation Amendment
(a) give the person a copy of the decision and of section 53; and 1
(b) notify the person, in writing, that the person is bound, under this 2
section, by the decision. 3
`(2) A person notified under subsection (1) is bound by the decision. 4
to owner or occupier to apply for permitted road access 5
`Direction
location 6
`52G.(1) This section applies to land adjacent to a State-controlled road, 7
if there is no decision in force under section 52(1) for the land. 8
`(2) The chief executive may give a person who is the owner or occupier 9
of the land a written direction that the person must do either or both of the 10
following-- 11
(a) within 28 days of the direction, apply under section 52(1) to have 12
the chief executive make a decision about access between the land 13
and the State-controlled road; 14
(b) not use, or permit anyone else to use, any road access location on 15
any boundary between the land and the State-controlled road until 16
the person has applied to the chief executive for a decision under 17
section 52(1). 18
`(3) The direction must state the penalty for not complying with the 19
direction. 20
`(4) A person given a direction under subsection (2) must comply with 21
the direction. 22
Maximum penalty for subsection (4)--200 penalty units. 23
about road access locations and road access works, relating 24
`Offences
to decisions under s 52(1) 25
`53.(1) This section applies to-- 26
(a) a person who has been given notice under section 52E or 52F of 27
a decision under section 52(1) about access between a State- 28
controlled road and adjacent land; and 29
s 17 26 s 17
Transport Legislation Amendment
(b) all present owners of that adjacent land if the decision was made 1
in conjunction with a development approval issued under the 2
Integrated Planning Act 1997;5 and 3
(c) all future owners of that adjacent land if-- 4
(i) the decision was made in conjunction with a development 5
approval issued under the Integrated Planning Act 1997; and 6
(ii) the approval does not indicate that the decision does not 7
apply to future owners.6 8
`(2) A person to whom this section applies must not-- 9
(a) obtain access between the land and the State-controlled road other 10
than at a location at which access is permitted under the decision; 11
or 12
(b) obtain access using road access works to which the decision 13
applies, if the works do not comply with the decision and the 14
noncompliance was within the person's control; or 15
(c) obtain any other access between the land and the road contrary to 16
the decision; or 17
(d) use a road access location or road access works contrary to the 18
decision; or 19
(e) contravene a condition stated in the decision; or 20
(f) permit another person to do a thing mentioned in paragraphs (a) 21
to (e); or 22
(g) fail to remove road access works in accordance with the decision. 23
Maximum penalty--200 penalty units. 24
`(3) However, subsection (2)(g) does not apply to a person who is bound 25
by the decision because of section 52F. 26
5 For access to approval details, see the Integrated Planning Act 1997,
section 5.7.4 (Documents assessment manager must keep available for
inspection and purchase)
6 For access to approval details, see the Integrated Planning Act 1997,
section 5.7.4 (Documents assessment manager must keep available for
inspection and purchase)
s 17 27 s 17
Transport Legislation Amendment
executive may take steps to prevent or deal with contravention 1
`Chief
`54.(1) The chief executive may take reasonable and necessary steps to 2
prevent, or protect the public from the consequences of, a person's 3
contravention of section 53. 4
`(2) If the chief executive takes steps under subsection (1), because a 5
person contravenes or attempts to contravene section 53, the chief executive 6
may recover from the person as a debt the reasonable costs of taking the 7
steps. 8
executive may supply or contribute to new access arrangements 9
`Chief
`55. (1) This section applies if a decision under section 52(1) has an 10
effect mentioned in section 56(1) or (2), and section 57 does not prevent the 11
payment of compensation or remove the chief executive's liability to pay 12
compensation. 13
`(2) The chief executive may enter into an agreement with the owner, or 14
the owner and the occupier, of the land for-- 15
(a) the supply by the chief executive of, or a contribution towards the 16
supply by the chief executive of, alternative road access works 17
between the State-controlled road and the adjacent land or 18
between the adjacent land and another road; or 19
(b) the carrying out, or a contribution towards the carrying out, of 20
other works in relation to the land. 21
22
`Compensation
`56.(1) This section applies if a decision under section 52(1) has the 23
effect that all access between a State-controlled road and particular adjacent 24
land is prohibited and-- 25
(a) there is-- 26
(i) no practical alternative road access location for the land, that 27
is, the land becomes effectively landlocked; and 28
(ii) no previous decision in force under section 52(1) under 29
which the land was effectively landlocked; or 30
s 18 28 s 18
Transport Legislation Amendment
(b) there is a permitted road access location between the land and the 1
road, and paragraph (a) does not apply. 2
`(2) This section also applies if a decision under section 52(1) has the 3
effect of changing in substance the effect of a previous decision in force 4
under section 52(1) about anything mentioned in 52(1)(a) to (c) other than 5
in a way that has the effect mentioned in subsection (1). 6
`(3) However, this section only applies if the owner or occupier claiming 7
compensation is adversely affected by the decision and-- 8
(a) an agreement can not be reached with the chief executive under 9
section 55; or 10
(b) the chief executive decides it is not practicable to take action under 11
section 55. 12
`(4) The owner or occupier may recover as a debt from the chief 13
executive compensation for the diminution in value because of the 14
prohibition or change. 15
`(5) To remove doubt, it is declared that-- 16
(a) in deciding compensation, access to the land that could be made 17
available at other locations must be taken into account; and 18
(b) compensation is not payable to the extent that the diminution in 19
value is attributable to a prohibition or change that affects-- 20
(i) the supply of access to a traffic stream; or 21
(ii) road works mentioned in paragraph (b) of the definition 22
"road access works".'. 23
of s 57 (Cases where compensation not payable) 24
Amendment
Clause 18.(1) Section 57(3)-- 25
omit. 26
(2) Section 57(4)-- 27
renumber as section 57(3). 28
s 18 29 s 18
Transport Legislation Amendment
(3) Section 57-- 1
insert-- 2
`(4) Also, the chief executive is not liable to pay compensation for the 3
effect of a decision under section 52(1) made on an application by a person 4
with an interest in the land in any of the following circumstances-- 5
(a) if-- 6
(i) there is a proposed, ongoing or completed development of 7
the land that involves a material change of use of premises 8
or a reconfiguration of a lot; and 9
(ii) the development was taken into account in making the 10
decision, and the decision has the effect mentioned in 11
section 56(1)(a); 12
(b) if-- 13
(i) there is a proposed, ongoing or completed development of 14
the land that-- 15
(A) involves a material change of use of premises or a 16
reconfiguration of a lot; or 17
(B) has had or is likely to have a significant impact on 18
traffic safety or efficiency on the State-controlled road 19
to which the decision relates; and 20
(ii) the development was taken into account in making the 21
decision, and the decision has the effect mentioned in 22
section 56(1)(b); 23
(c) if the decision has the effect mentioned in section 56(2). 24
`(5) Subsection (4) applies whether or not the application results from 25
action taken under section 52G. 26
`(6) For subsection (4)(a) and (b), "development", "material change of 27
use", "premises" and "reconfiguration of a lot" have the meaning given by 28
the Integrated Planning Act 1997, schedule 10.7'. 29
7 Integrated Planning Act 1997, schedule 10 (Dictionary)
s 19 30 s 21
Transport Legislation Amendment
of new s 57A 1
Insertion
Clause 19. Chapter 5, part 5, division 2, subdivision 2, after section 57-- 2
insert-- 3
in development approval under Integrated Planning Act 4
`Conditions
1997 5
`57A. For sections 55 to 57, if-- 6
(a) a development approval under the Integrated Planning Act 1997 7
includes conditions about access between land and a 8
State-controlled road; and 9
(b) the conditions were included because of the chief executive's 10
response as a concurrence agency for the development 11
application; and 12
(c) the development approval has not lapsed under that Act; 13
a decision, that includes the conditions, is taken to be in force under 14
section 52(1) for the proposed development of the land.'. 15
of s 75 (Scope of chapter) 16
Amendment
Clause 20. Section 75(2)(e)-- 17
omit, insert-- 18
`(e) a cane railway; or'. 19
of new s 84A 20
Insertion
Clause 21. After section 84-- 21
insert-- 22
levy 23
`Annual
`84A.(1) A regulation may impose levies on railway managers relating 24
to their accreditation on a basis prescribed under the regulation. 25
`(2) A regulation may impose levies on railway operators relating to their 26
accreditation on a basis prescribed under the regulation. 27
s 22 31 s 22
Transport Legislation Amendment
`(3) The chief executive must give the railway manager or railway 1
operator written notice of the amount of a levy. 2
`(4) The chief executive may recover the amount of a levy as a debt owed 3
to the chief executive.'. 4
of s 104 (Power of authorised person to investigate 5
Amendment
incident) 6
Clause 22.(1) Section 104(5), `breath'-- 7
omit. 8
(2) Section 104(6), `or examination'-- 9
omit, insert-- 10
`mentioned in subsection (5)'. 11
(3) Section 104-- 12
insert-- 13
`(6A) The medical examination mentioned in subsection (5) must take 14
place within a reasonable time after the authorised person forms the 15
reasonable suspicions about the employee under the subsection.'. 16
(4) Section 104(10), `or examination'-- 17
omit, insert-- 18
`mentioned in subsection (5)'. 19
(5) Section 104-- 20
insert-- 21
`(11) In this section-- 22
` "alcohol test" includes-- 23
(a) a preliminary test to give an indication of the presence or absence 24
of alcohol in a person's breath; and 25
(b) a test to analyse a person's blood or breath to determine the 26
person blood alcohol concentration. 27
s 23 32 s 25
Transport Legislation Amendment
"drug" means-- 1
(a) every substance or article which is a dangerous drug under and 2
within the meaning of the Drugs Misuse Act 1986; or 3
(b) any other substance, article, preparation or mixture (with the 4
exception of liquor) whether gaseous, liquid, solid, or in any other 5
form that, when consumed or used by any person, deprives the 6
person either temporarily or permanently of any of the person's 7
normal mental or physical faculties.'. 8
of ss 105-108 9
Omission
Clause 23. Sections 105 to 108-- 10
omit. 11
of s 181A (Meaning of "miscellaneous transport 12
Amendment
infrastructure") 13
Clause 24. Section 181A(2), before `and'-- 14
insert-- 15
`, air transport infrastructure, public marine transport infrastructure'. 16
of new ch 8B 17
Insertion
Clause 25. After section 187A-- 18
insert-- 19
HAPTER 8B--PUBLIC MARINE TRANSPORT 20
`C
INFRASTRUCTURE 21
ART 1--PUBLIC MARINE FACILITIES 22
`P
of manager of public marine facility 23
`Appointment
`187B.(1) The Governor in Council may, by regulation, appoint a person 24
(the "manager") to manage a public marine facility. 25
s 25 33 s 25
Transport Legislation Amendment
1
Examples of persons who may be appointed--
2
A local government, a port authority, the chief executive or the person who is for
3
the time being the manager of a resort.
`(2) The appointment may only be made if the person consents to the 4
appointment. 5
`(3) The appointment may be on conditions stated under the regulation, 6
including the payment of a fee to the chief executive for moorings in the 7
facility. 8
`(4) Under a regulation, a condition may be changed if the manager 9
consents to the change. 10
`(5) However, the consent of the manager is not required to change the 11
fee payable under a regulation to the chief executive for moorings in the 12
facility. 13
`(6) Subsection (3) does not limit the power to impose, under a 14
regulation, fees for moorings in a public marine facility, whether or not a 15
manager has been appointed to manage the facility. 16
responsibility for maintenance and injuries etc. 17
`Manager's
`187C.(1) The manager is responsible for maintaining the public marine 18
facility in good condition to a standard appropriate to its use. 19
`(2) The facility is taken, for the purposes of all adverse civil proceedings 20
in relation to death, injury, damage or loss, to be solely owned, occupied 21
and under the management, control and responsibility of the manager. 22
`(3) However, subsection (2) does not apply to the extent any death, 23
injury, damage or loss is attributable to a structural defect in the facility 24
unless-- 25
(a) the defect is attributable to the manager's failure to-- 26
(i) properly construct, extend or alter the facility in accordance 27
with a sanction under a provision continuing to have effect 28
under section 236;8 or 29
8 Section 236 (Continuation of certain provisions of Harbours Act requiring
approval for certain matters)
s 25 34 s 25
Transport Legislation Amendment
(ii) properly maintain the facility; or 1
(b) the defect or its continuation is attributable to a contravention by 2
the manager of the conditions of the manager's appointment. 3
by chief executive 4
`Management
`187D.(1) If, apart from this section, there is no current manager of a 5
public marine facility, the chief executive is taken to be the manager of the 6
facility until the chief executive or someone else is appointed as the manager 7
under section 187B. 8
`(2) If the chief executive is the manager of a public marine facility, the 9
chief executive-- 10
(a) has any powers, conferred under a regulation, to limit or prohibit 11
the use of the facility; and 12
(b) may exercise any other of the chief executive's powers, and do 13
anything the chief executive considers necessary or convenient, 14
for the facility's effective and efficient management. 15
`(3) This section does not limit a power the chief executive has apart 16
from this section. 17
by local government 18
`Management
`187E. If a local government is the manager of a public marine facility, 19
the local government-- 20
(a) has, for the facility, all the functions, powers and obligations of a 21
local government under the Local Government Act 1993; and 22
(b) may make local laws and do anything it considers necessary or 23
convenient for the facility's effective and efficient management. 24
by port authority 25
`Management
`187F. If a port authority is the manager of a public marine facility, the 26
port authority-- 27
s 25 35 s 25
Transport Legislation Amendment
(a) has, for the facility, all the functions, powers and obligations of a 1
port authority under chapter 7 or the Government Owned 2
Corporations Act 1993; and 3
(b) may exercise its powers, and do anything it considers necessary 4
or convenient for the facility's effective and efficient 5
management. 6
by another person 7
`Management
`187G. If the manager of a public marine facility is not the chief 8
executive, a local government or a port authority, the manager's 9
management powers include any power, conferred under a regulation, to 10
limit or prohibit the use of the facility. 11
of manager's powers to be consistent with conditions 12
`Exercise
`187H. Anything done by a manager under sections 187D to 187G must 13
be consistent with any conditions imposed on the manager's appointment. 14
15
`Fees
`187I.(1) The manager of a public marine facility may impose fees 16
payable to the manager for the use of the facility, whether as a condition of 17
an approval to use the facility or otherwise. 18
`(2) The fee may, for example, be imposed by reference to-- 19
(a) ships using the facility; or 20
(b) goods or passengers loaded, unloaded or transhipped to or from 21
ships using the facility; or 22
(c) vehicular access to the facility. 23
`(3) However, a fee may not be imposed for the genuine, transient 24
private recreational use of a boat ramp, jetty, landing or pontoon. 25
26
Example of transient use--
27
Loading fishing gear onto a ship that only takes 15 minutes.
`(4) Also, if the manager is-- 28
s 25 36 s 25
Transport Legislation Amendment
(a) the chief executive--the amount of the fee must be prescribed 1
under a regulation; and 2
(b) a local government--the amount of the fee must be prescribed 3
under a local law; and 4
(c) a port authority--the amount of the fee must be fixed by a 5
resolution of the board of the port authority. 6
`(5) A manager, other than the chief executive, 9 who imposes a fee under 7
this section may recover the fee as a debt owing to the manager. 8
`(6) This section does not limit the powers a manager has apart from this 9
section. 10
manager may resign 11
`When
`187J. A manager may resign with the consent of the Governor in 12
Council. 13
of improvements added by manager 14
`Removal
`187K.(1) If a manager resigns under section 187J or the manager's 15
appointment is revoked, the manager may, within the next 3 months, 16
remove any improvements to the facility added by the manager that do not 17
form an integral part of the facility. 18
`(2) Any of those improvements not removed within the 3 months then 19
become the State's property. 20
`(3) This section does not apply to improvements that were funded by 21
the State or intended to become State-owned under an agreement between 22
the State and the manager or under the conditions of the manager's 23
appointment. 24
9 For the recovery of fees payable to the chief executive see section 188.
s 25 37 s 25
Transport Legislation Amendment
prevails over action taken by a manager under this part 1
`Regulation
`187L.(1) If there is any inconsistency between a regulation and action 2
taken under this part by a manager, the regulation prevails to the extent of 3
the inconsistency. 4
5
Example--
6
A regulation about the management of public marine facilities prevails over a
7
local law made for the purposes of this part to the extent they are inconsistent.
`(2) Subsection (1) applies whether the action was taken before or after 8
the regulation. 9
ART 2--MANAGEMENT OF WATERWAYS 10
`P
of pt 2 11
`Object
`187M.(1) This part recognises that particular waterways require a 12
system of regulation to balance demands on the use, by water traffic, of the 13
waterways and associated infrastructure. 14
`(2) The object of this part is to promote the overall effective and efficient 15
use of waterways for transport by establishing a management regime that-- 16
(a) is consistent with the objectives of other transport laws; and 17
(b) promotes community input; and 18
(c) supplements other relevant laws; and 19
(d) reflects a coordinated approach to meeting community transport 20
needs. 21
`(3) To achieve the object, particular regard must be had to-- 22
(a) alternative means that do not involve regulation through waterway 23
transport management plans; and 24
(b) transport infrastructure needs; and 25
(c) the need to facilitate both recreational and commercial use of 26
waterways; and 27
s 25 38 s 25
Transport Legislation Amendment
(d) the impact of proposed waterway transport management plans on 1
community transport needs. 2
of chief executive under pt 2 3
`Functions
`187N. The chief executive has the following functions under this part-- 4
(a) to consult with public authorities, industry, interested groups and 5
persons, and the public; 6
(b) to assess current and future demands of water traffic and for the 7
use of waterways; 8
(c) to plan for the effective and efficient management of-- 9
(i) water traffic and associated infrastructure; and 10
(ii) the use of waterways; 11
(d) to prepare proposals for transport management plans under this 12
part; 13
(e) to make recommendations to the Minister for this part. 14
transport management plan 15
`Waterway
`187O.(1) The Minister may make a transport management plan under 16
this Act for an area ( a "waterway transport management plan"). 17
`(2) A waterway transport management plan is subordinate legislation. 18
`(3) A waterway transport management plan is not effective until it is 19
approved by the Governor in Council. 20
`(4) A waterway transport management plan applies to-- 21
(a) waters within the area described in the waterway transport 22
management plan; and 23
(b) watercraft infrastructure specified in the plan; and 24
(c) the airspace above the area to a height above the surface specified 25
in the plan. 26
s 25 39 s 25
Transport Legislation Amendment
of a waterway transport management plan 1
`Contents
`187P. A waterway transport management plan may provide for a matter 2
mentioned in schedule 1A or a matter about which a regulation may be 3
made.10 4
of draft waterway transport management plan 5
`Notice
`187Q.(1) The chief executive must give public notice of a draft 6
waterway transport management plan. 7
`(2) The notice must be published-- 8
(a) once a week for 2 consecutive weeks in a newspaper circulating 9
generally throughout the State; and 10
(b) if the waterway transport management plan applies only to a 11
particular area of the State--in a newspaper circulating generally 12
in the area. 13
`(3) The notice must state the following-- 14
(a) the addresses where copies of the draft waterway transport 15
management plan may be inspected and, on payment of the fee 16
prescribed by regulation, purchased; 17
(b) an invitation for submissions on the draft plan from public 18
authorities, industry, interested groups and persons, and the 19
public; 20
(c) a day, not earlier than 1 month from the first publication of a 21
notice under subsection (2)(a), by which submissions may be 22
made to the chief executive. 23
`(4) The chief executive must consider all submissions made by that day. 24
laws prevail over waterway transport management plan 25
`Other
`187R.(1) If there is any inconsistency between a waterway transport 26
management plan and another law the other law prevails to the extent of the 27
inconsistency. 28
10 Schedule 1A (Subject matter for waterway transport management plans)
s 26 40 s 28
Transport Legislation Amendment
`(2) Subsection (1) applies whether the waterway transport management 1
plan was made before or after the other law. 2
`(3) In this section-- 3
"another law" means any subordinate legislation and action taken under 4
part 1.'. 5
of new s 240A 6
Insertion
Clause 26. Chapter 10, part 3, after section 240-- 7
insert-- 8
under this part 9
`Expiries
`240A. If a provision of this part allows a regulation to prescribe an 10
earlier day than the day stated in the provision for the expiry of a section, a 11
regulation may be made prescribing an earlier day than the stated day for 12
part of the section.'. 13
of ch 10, pt 4, div 5, hdg 14
Replacement
Clause 27. Chapter 10, part 4, division 5, heading-- 15
omit, insert-- 16
`CHAPTER 11--FURTHER TRANSITIONAL 17
PROVISIONS 18
`PART 1--TRANSITIONAL PROVISIONS FOR THE 19
INTEGRATED PLANNING ACT 1997'. 20
of new ch 11, pt 2 21
Insertion
Clause 28. Chapter 11, after section 262-- 22
insert-- 23
s 28 41 s 28
Transport Legislation Amendment
ART 2--TRANSITIONAL PROVISIONS FOR THE 1
`P
TRANSPORT LEGISLATION AMENDMENT ACT 2
1999 3
for pt 2 4
`Definitions
`263. In this part-- 5
"amendment Act" means the Transport Legislation Amendment Act 1999. 6
"repealed section 51" means section 51 repealed by section 17 of the 7
amendment Act. 8
"repealed section 52" means section 52 repealed by section 17 of the 9
amendment Act. 10
roads 11
`Transitional--access-limited
`264.(1) A State-controlled road or part of a State-controlled road that 12
immediately before the commencement of this section was an 13
access-limited road is taken to be a limited access road declared under 14
section 51. 15
`(2) For subsection (1), an access-limited road includes a State-controlled 16
road, or part of a State-controlled road, to which access was limited 17
immediately before the commencement of repealed section 51 to the extent 18
not inconsistent with a declaration made under repealed section 51.11 19
`(3) A policy made under repealed section 51 in force immediately 20
before the commencement of this section is taken, with necessary changes, 21
to be a policy gazetted under section 51(3). 22
11 Repealed section 51 (Access-limited roads)
s 28 42 s 28
Transport Legislation Amendment
decisions about access 1
`Transitional--previous
`265.(1) A decision under repealed section 5212 in force immediately 2
before the commencement of this section (a "previous decision") is taken, 3
from the commencement, with necessary changes, to be a decision under 4
section 52(1). 5
`(2) A decision prohibiting or limiting access to a State-controlled road in 6
force immediately before the commencement of repealed section 52, to the 7
extent not inconsistent with a decision under the repealed section 52 in force 8
immediately before the commencement of this section, (a "previous 9
decision") is taken from the commencement, with necessary changes, to be 10
a decision under section 52(1). 11
`(3) Without limiting subsection (1) or (2)-- 12
(a) a location at which access was permitted under the previous 13
decision is taken to be a permitted road access location; and 14
(b) means of access, under the previous decision, that are physical 15
works are taken to be road access works. 16
works and encroachments 17
`Transitional--ancillary
`266.(1) A reference in a gazette notice to an approval or contract under 18
section 47, 13 published, given or made before the commencement of this 19
section, is taken to be a reference to road access works. 20
`(2) Anything that, immediately before the commencement of this 21
section was a means of access constructed, maintained or operated under an 22
approval, requirements or a contract under section 47, is taken from the 23
commencement, for sections 55 to 57, to be road access works relating to a 24
permitted road access location under a decision under section 52(1). 25
12 Repealed section 52 (Management of access between individual properties and
State-controlled roads)
13 Section 47 (Ancillary works and encroachments)
s 29 43 s 29
Transport Legislation Amendment
of new s 267 1
Insertion
Clause 29. Chapter 11, part 2 -- 2
insert-- 3
or other harbour work 4
`Transitional--wharf
`267.(1) This section applies if management and control of a wharf or 5
other harbour work was vested in a person under the repealed Harbours Act 6
1955, section 14014 immediately before the commencement of this section. 7
`(2) From the commencement, the person is taken to be appointed under 8
section 187B as the manager of the public marine facility constituted by the 9
harbour work ("the facility"). 10
`(3) A provision of a by-law under the Local Government Act 1936, or 11
local law, about the facility that was in force immediately before the 12
commencement continues in force from the commencement until the 13
manager makes a local law under section 187E that replaces, or is 14
inconsistent with, the provision. 15
`(4) A resolution of the board of a port authority about the facility that 16
was in force immediately before the commencement continues in force 17
from the commencement until the port authority takes action under 18
section 187F that replaces, or is inconsistent with, the resolution. 19
`(5) Despite subsections (3) and (4), an amount that immediately before 20
the commencement was fixed under section 140(4A) of the repealed 21
Harbours Act 1955 in relation to the facility continues to be fixed from the 22
commencement until a fee is imposed, under section 187I for the facility for 23
any matter. 24
`(6) A right, permit or license granted under any of the following by- 25
laws, that was in force immediately before the commencement, is taken 26
from the commencement to be an approval granted by the chief executive as 27
manager of the facility-- 28
· Bowen Harbour Board By-law 1977, by-laws 1,2,9 and 10 29
· Mooloolaba Boat Harbour By-law 1976 30
14 Repealed Harbours Act 1955, section 140 (Management of government wharf
may be vested in harbour board, etc.)
s 30 44 s 31
Transport Legislation Amendment
· Rosslyn Bay Boat Harbour By-law 1980 1
· Snapper Creek and Urangan Boat Harbours By-law 1976.'. 2
of sch 1 (Subject matter for regulations) 3
Amendment
Clause 30.(1) Schedule 1, item 1, `access-limited'-- 4
omit, insert-- 5
`limited access'. 6
(2) Schedule 1, item 8-- 7
omit, insert-- 8
`8. Allowing the chief executive to give a fee concession or a full or part 9
refund of a fee or levy.'. 10
(3) Schedule 1-- 11
insert-- 12
`19. The management of public marine facilities by the chief executive, 13
including matters about abandoned property, property moored, left, moved 14
or parked contrary to a notice or direction, the appointment and powers of 15
authorised officers and fees for producing or preparing documents. 16
`20. A levy on a person who has a tenure over boat harbour land 17
managed by the chief executive as a contribution towards the dredging and 18
maintenance of public marine transport infrastructure. 19
`21. How a levy is to be calculated, the date by which it must be paid, 20
and for the payment of a levy by instalments. 21
`22. The suspension or cancellation of an accreditation for non-payment 22
of a levy. 23
`23. Protection of, and consequences of damage to, State-owned or State- 24
controlled transport infrastructure, including a State-controlled road, a future 25
State-controlled road and ancillary works and encroachments on them.'. 26
of new sch 1A 27
Insertion
Clause 31. After schedule 1-- 28
insert-- 29
s 32 45 s 32
Transport Legislation Amendment
`SCHEDULE 1A--SUBJECT MATTER FOR 1
WATERWAY TRANSPORT MANAGEMENT PLANS 2
section 187P 3
1. Regulating the mooring and anchoring of watercraft. 4
2. Regulating the types of water traffic that may use certain waters or 5
certain marine infrastructure. 6
3. Regulating, when and for how long, watercraft may remain at a place 7
or locality. 8
4. Regulating living on board watercraft. 9
5. Regulating recreational activities involving the use of waterways or 10
watercraft, for example, private or commercial skiing, use of personal 11
watercraft, diving, parasailing and sailing. 12
6. Nuisances caused by the use of watercraft or persons on board 13
watercraft or by cargo or things associated with the use of watercraft or 14
waterways infrastructure. 15
7. A levy on marina owners, as a contribution towards dredging and 16
maintenance of public marine transport infrastructure. 17
8. The appointment of authorised persons and their powers. 18
9. The issue of directions by authorised persons under a waterway 19
transport management plan. 20
10. Protection of public marine transport infrastructure and recovery of 21
expenses incurred as a result of a contravention of a waterway transport 22
management plan from a person contravening it.'. 23
of sch 2, hdg (Appeals) 24
Amendment
Clause 32.(1) Schedule 2, heading-- 25
omit, insert-- 26
`REVIEWS AND APPEALS'. 27
s 33 46 s 33
Transport Legislation Amendment
(2) Schedule 2-- 1
insert-- 2
`51(1) Decision to declare a limited Planning and
access road Environment
51 Policy for limited access road Planning and
made , replaced or amended Environment'.
(3) Schedule 2, item for section 54-- 3
omit. 4
of sch 3 (Dictionary) 5
Amendment
Clause 33.(1) Schedule 3, definitions "approved means of access" and "sugar 6
tramway" -- 7
omit. 8
(2) Schedule 3-- 9
insert-- 10
` "air transport infrastructure" includes transport infrastructure relating 11
to aircraft or to the operation of aircraft. 12
"cane railway" means a tramway or railway-- 13
(a) operated, entirely or partly, on-- 14
(i) an easement under the Sugar Industry Act 1991, part 11; or 15
(ii) an easement under the Sugar Milling Rationalisation Act 16
1991, part 4; or 17
(iii) an access right under the Sugar Industry Act 1999, chapter 2, 18
part 4; and 19
(b) used, or proposed to be used, to transport sugar cane, sugar or 20
sugar cane by-products; and 21
(c) that does not transport passengers or other freight for reward. 22
"maintain" includes repair. 23
s 33 47 s 33
Transport Legislation Amendment
"personal watercraft" means a power driven ship that is designed to be 1
operated by a person standing, crouching or kneeling on it or sitting 2
astride it. 3
"public marine facility" means public marine transport infrastructure, 4
including-- 5
(a) land or waters associated with the infrastructure that are affected 6
by its use; and 7
(b) land or waters specified for the infrastructure under a regulation 8
made with the objective of clarifying what are the land or waters 9
associated with the infrastructure that are affected by its use. 10
11
Examples--
12
1. An area of land and waters, specified under a regulation, that constitutes a boat
13
harbour.
14
2. Breakwaters, jetties, landings, mooring piles, pontoons, carparks and land or
15
waters affected by the use of the infrastructure.
"public marine transport infrastructure" means State-owned or State- 16
controlled transport infrastructure relating to Queensland waters, other 17
than port or miscellaneous transport infrastructure. 18
"tenure", over boat harbour land, means a lease, licence, permit or other 19
authority conferring a right of possession or occupation for the land. 20
"water traffic" includes a hovercraft and a vehicle, person, aircraft or other 21
craft on or in water. 22
"watercraft" includes any thing that is water traffic or a device, for 23
example, a sailboard, used for the movement of persons who are on or 24
in water.'. 25
(3) Schedule 3, definition "transport infrastructure", after `port'-- 26
insert-- 27
`, air, public marine'. 28
s 34 48 s 36
Transport Legislation Amendment
ART 4--AMENDMENT OF THE TRANSPORT 1
P
OPERATIONS (MARINE POLLUTION) ACT 1995 2
amended in pt 4 3
Act
Clause 34. This part amends the Transport Operations (Marine Pollution) Act 4
1995. 5
of new s 55A 6
Insertion
Clause 35. Part 8, division 3, after section 55-- 7
insert-- 8
waste management plan 9
`Shipboard
`55A.(1) This section applies to a ship-- 10
(a) with a gross tonnage of at least 400 tons; or 11
(b) designed to sleep at least 15 persons. 12
`(2) If the ship does not have on board a shipboard waste management 13
plan, the ship's owner and master each commit an offence. 14
Maximum penalty--850 penalty units. 15
`(3) If the ship is not fitted with any equipment that may be required to 16
implement the plan, the ship's owner and master each commit an offence. 17
Maximum penalty--850 penalty units. 18
`(4) A regulation may prescribe minimum requirements for a shipboard 19
waste management plan.'. 20
of s 111 (Definitions for part) 21
Amendment
Clause 36. Section 111, definition "discharge expenses", paragraph (a)-- 22
insert-- 23
s 37 49 s 39
Transport Legislation Amendment
`(v) the exercise of a power by an authorised officer or the chief 1
executive under part 12, division 6 or 7;15 and'. 2
of s 115 (Claims on security) 3
Amendment
Clause 37.(1) Section 115(1), `a discharge of a pollutant from a ship into coastal 4
waters'-- 5
omit, insert-- 6
`the detained ship'. 7
(2) Section 115(2), after `State'-- 8
insert-- 9
`jointly and severally by the owner and the master of the ship from which 10
the pollutant was discharged or was likely to be discharged'. 11
of schedule (Dictionary) 12
Amendment
Clause 38.(1) Schedule-- 13
insert-- 14
` "damage", in an express reference to damage to a ship or its equipment, 15
does not include any existing defect in the ship or its equipment 16
resulting from an event, a lack of maintenance or anything else.'. 17
ART 5--AMENDMENT OF TRANSPORT 18
P
OPERATIONS (PASSENGER TRANSPORT) ACT 1994 19
amended in pt 5 20
Act
Clause 39. This part amends the Transport Operations (Passenger Transport) 21
Act 1994. 22
15 Part 12, division 6 (Response action to discharge and authorised officer's
emergency powers) or 7 (Power of intervention)
s 40 50 s 43
Transport Legislation Amendment
of s 14 (Operator accreditation standards) 1
Amendment
Clause 40.(1) Section 14(e)-- 2
renumber as section 14(f). 3
(2) Section 14-- 4
insert-- 5
`(e) the operator's responsibility to comply with or ensure that a 6
driver complies with an Act, or a provision of an Act, that would 7
promote safety or customer service; and'. 8
of new s 22A 9
Insertion
Clause 41. Chapter 3, after section 22-- 10
insert-- 11
accreditation is evidence of being the operator 12
`Operator
`22A. In a proceeding for an offence against this Act, evidence that a 13
person-- 14
(a) is involved in providing a public passenger service; and 15
(b) is accredited to operate the service; 16
is evidence that the person is the operator of the service.'. 17
of s 26 (Driver authorisation standards) 18
Amendment
Clause 42. Section 26-- 19
insert-- 20
`(e) require compliance with another Act, or a provision of another 21
Act, that would promote safety or customer service.'. 22
of new s 29A 23
Insertion
Clause 43. After section 29-- 24
insert-- 25
s 44 51 s 45
Transport Legislation Amendment
driver authorisation 1
`Restricted
`29A.(1) A regulation may make provision about an operator, who holds 2
operator accreditation to operate a public passenger service, granting on 3
behalf of the chief executive a restricted driver authorisation to authorise a 4
person to operate a public passenger vehicle while, and only while, it is 5
being used by the operator to provide the service. 6
`(2) Without limiting subsection (1), a regulation may-- 7
(a) limit the persons to whom restricted driver authorisation may be 8
granted; or 9
(b) exclude an operator from granting restricted driver authorisation; 10
or 11
(c) provide for restrictions applying to a driver under restricted driver 12
authorisation.'. 13
of s 39 (Scope of service contracts) 14
Amendment
Clause 44. Section 39(b) to (d)-- 15
omit, insert-- 16
`(b) services for the administration of taxi services; and 17
(c) ferry services; and 18
(d) long distance scheduled passenger services; and'. 19
of new s 42A 20
Insertion
Clause 45. After section 42-- 21
insert-- 22
declarations that service contracts are required 23
`Other
`42A. A regulation may declare that, on and from a day to be fixed by 24
the chief executive by gazette notice, a service contract will be required to 25
provide a scheduled passenger service that is a ferry service operating in a 26
specified area or on specified route.'. 27
s 46 52 s 49
Transport Legislation Amendment
of 43 (Obligation to hold service contracts) 1
Amendment
Clause 46. Section 43-- 2
insert-- 3
`(2) A person must not provide a service for which a service contract is 4
required under section 42A unless the person is entitled to provide the 5
service under a service contract. 6
Maximum penalty--30 penalty units.'. 7
of s 44 (Term of service contracts) 8
Amendment
Clause 47. Section 44(3), from `the following'-- 9
omit, insert-- 10
`section 47.'. 11
of s 46 (Review of holder's performance) 12
Amendment
Clause 48. Section 46, before subsection (1)-- 13
insert-- 14
`(1A) This section does not apply to a prescribed school service contract 15
or a ferry service contract.'. 16
of s 48 (Transfer or surrender of service contracts) 17
Replacement
Clause 49. Section 48-- 18
omit, insert-- 19
or surrender of service contracts etc. 20
`Transfer
`48.(1) The holder of a service contract may, with the chief executive's 21
approval-- 22
(a) transfer to another person all the holder's rights and liabilities in 23
relation to providing future services under the contract; or 24
s 50 53 s 51
Transport Legislation Amendment
(b) if the contract relates to more than 1 area, route or service, transfer 1
to another person all the holder's rights and liabilities in relation to 2
providing future services under the contract for 1 or more of the 3
areas, routes or services; or 4
(c) surrender the contract. 5
`(2) On the transfer of rights and liabilities under subsection (1), for all 6
purposes of this Act-- 7
(a) the transferee becomes the holder of a new service contract 8
consisting of the transferred rights and liabilities for the remaining 9
period of the original contract; and 10
(b) the transferor becomes the holder of a new service contract for the 11
balance of the original rights and liabilities under the contract. 12
13
Example--
14
If an original service contract is for 2 school service routes, and 1 of the routes is
15
transferred under this section, there are now 2 separate contracts for the purposes of
16
an entitlement to a first opportunity to an offer for a new contract under
17
section 62AC.'.
of s 53 (Special consideration for government funded service 18
Omission
contracts for the transport of eligible school children) 19
Clause 50. Section 53-- 20
omit. 21
of ch 6, pt 2, div 2, hdg 22
Replacement
Clause 51. Chapter 6, part 2, division 2, heading-- 23
omit, insert-- 24
`Division 2--General provisions for service contracts for scheduled 25
service'. 26
s 52 54 s 54
Transport Legislation Amendment
of s 56 (Entitlement of existing operators) 1
Amendment
Clause 52. Section 56(1)(b), after `for'-- 2
insert-- 3
`part or all of'. 4
of s 57 (Entering into a service contract for a scheduled 5
Amendment
passenger service) 6
Clause 53.(1) Section 57(3)(b)-- 7
omit, insert-- 8
`(b) the holder makes an offer that the chief executive decides is 9
unacceptable under section 59.'. 10
(2) Section 57-- 11
insert-- 12
`(5) Despite subsection (3)(b), if-- 13
(a) the holder makes an offer within the time allowed under 14
subsection (3)(a); and 15
(b) the chief executive considers the offer substantially meets the 16
requirements of an offer that would be acceptable under 17
section 59; 18
the chief executive may defer inviting public offers to allow an opportunity 19
for a contract to be concluded with the holder.'. 20
of s 60 (Amendments of service contracts) 21
Amendment
Clause 54.(1) Section 60(2)(a), `written'-- 22
omit. 23
(2) Section 60(2)(b), `action within 28 days.'-- 24
omit, insert-- 25
`action-- 26
(i) for a prescribed school service contract--within 14 days; or 27
s 55 55 s 55
Transport Legislation Amendment
(ii) for another service contract--within 28 days.'. 1
(3) Section 60-- 2
insert-- 3
`(2A) The notice under subsection (2)(a) must be in writing, unless the 4
service contract is a prescribed school service contract.'. 5
(4) Section 60(4)(a) and (b)-- 6
omit, insert-- 7
`(a) the holder makes no offer-- 8
(i) for a prescribed school service contract--within 28 days 9
after notice was given under subsection (3); or 10
(ii) for another service contract--within 60 days after notice was 11
given under subsection (3); or 12
(b) the holder makes an offer that the chief executive decides is 13
unacceptable under section 59. 14
`(5) Despite subsection (4), if-- 15
(a) the holder makes an offer within the time allowed under 16
subsection (4); and 17
(b) the chief executive considers the offer substantially meets the 18
requirements of an offer that would be acceptable under 19
section 59; 20
the chief executive may defer inviting public offers to allow an opportunity 21
for a contract to be concluded with the holder.'. 22
of s 62 (Offer of new service contract) 23
Amendment
Clause 55. Section 62(3), after `to it'-- 24
insert-- 25
`or to a prescribed school service contract'. 26
s 56 56 s 56
Transport Legislation Amendment
of new ch 6, pt 2, div 2A 1
Insertion
Clause 56. After section 62A-- 2
insert-- 3
2A--Inviting offers for prescribed school service contracts 4
`Division
of div 2A to previous prescribed school service contracts 5
`Application
`62AA. A reference in this division to a prescribed school service 6
contract that has been entered into with the chief executive includes a 7
contract entered before the commencement of this division. 8
of an existing operator providing substantially the same 9
`Entitlement
service under a transitional provision 10
`62AB.(1) This section applies if-- 11
(a) an operator is providing a school service for an area or route 12
under a transitional authority; and 13
(b) the chief executive proposes to enter into a prescribed school 14
service contract for the same, or substantially the same, area or 15
route. 16
`(2) The chief executive must give the operator the first opportunity to 17
offer for the contract by giving the operator a notice under subsection (3). 18
`(3) The notice must invite the operator to make an offer, in a stated way, 19
for the contract within a stated time of not less than 60 days. 20
`(4) In this section-- 21
"transitional authority" means a contract, licence, or permit mentioned in 22
section 159, 161 or 162. 23
of satisfactorily performing existing operator under a 24
`Entitlement
service contract 25
`62AC.(1) This section applies if-- 26
(a) an operator is providing a school service for an area or route 27
under a prescribed school service contract; and 28
s 56 57 s 56
Transport Legislation Amendment
(b) the chief executive proposes, at the end of the contract's term, to 1
enter into a prescribed school service contract for the same, or 2
substantially the same, area or route; and 3
(c) no notice has been given to the operator under subsection (4) for 4
the contract. 5
`(2) The chief executive must give the operator the first opportunity to 6
offer for the contract by giving the operator a notice under subsection (3). 7
`(3) The notice must invite the operator to make an offer, in a stated way, 8
for the contract within a stated period of not less than 60 days. 9
`(4) The chief executive may, for this section, decide that a contract 10
holder's performance under the contract has been unsatisfactory and give 11
the holder written notice of the decision and the reasons for it. 12
`(5) This section does not apply to the holder of an existing contract that 13
states that this section does not apply to the contract. 14
opportunity to offer may be given to existing operator of school 15
`First
services under a service contract or transitional provision 16
`62AD.(1) This section applies if-- 17
(a) no operator is entitled under section 62AB or 62AC to a first 18
opportunity to offer for the contract; and 19
(b) 1 or more operators are providing school services for a school 20
under a service contract or transitional authority; and 21
(c) the chief executive proposes to enter into a prescribed school 22
service contract for school services for the school. 23
`(2) The chief executive may give each operator the first opportunity to 24
offer for the contract by giving a notice under subsection (3) to each 25
operator. 26
`(3) The notice must invite the operator to make an offer, in a stated way, 27
for the contract within a stated time of not less than 60 days. 28
`(4) In this section-- 29
"transitional authority" means a contract, licence, or permit mentioned in 30
section 159, 161 or 162. 31
s 56 58 s 56
Transport Legislation Amendment
public offer must be invited, and when offers may be invited in 1
`When
another way 2
`62AE.(1) This section applies if the chief executive proposes to enter 3
into a prescribed school service contract and-- 4
(a) no operator is entitled to, or is to be given, the first opportunity to 5
make an offer for the contract under section 62AB, 62AC or 6
62AD; or 7
(b) an operator has been given a notice under section 62AB, 62AC or 8
62AD inviting the operator to offer for the contract and-- 9
(i) the operator fails to make an offer within the time stated in 10
the notice; or 11
(ii) the operator refuses the invitation; or 12
(iii) the operator makes an offer that the chief executive decides 13
is unacceptable under section 59. 14
`(2) The chief executive must, by public notice, invite offers from the 15
public, within a stated reasonable time, for a service contract to provide the 16
service. 17
`(3) However if-- 18
(a) an operator makes an offer, within the time stated in a notice 19
given under section 62AB, 62AC or 62AD; and 20
(b) the chief executive considers the offer substantially meets the 21
requirements of an offer that would be acceptable under 22
section 59; 23
the chief executive may defer inviting public offers to allow an opportunity 24
for a contract to be concluded with the operator. 25
`(4) The chief executive may invite offers, other than by public notice 26
under subsection (2), in any way the chief executive considers appropriate, 27
but only if the chief executive has already invited offers from the public 28
under subsection (2). 29
`(5) A time allowed to a person, under a notice or otherwise, for making 30
an offer does not prevent the person from making an offer or further offer 31
after that time. 32
s 57 59 s 58
Transport Legislation Amendment
on making offers to allow first opportunity 1
`Prohibition
`62AF.(1) This section applies if the chief executive proposes to enter 2
into a prescribed school service contract and 1 or more operators are entitled 3
to, or are to be given, the first opportunity to make an offer for the contract 4
under section 62AB, 62AC or 62AD. 5
`(2) The chief executive must not invite anyone else to offer for the 6
contract other than under section 62AE(2) or (4).'. 7
of s 74 (Conditions of taxi service licences) 8
Amendment
Clause 57.(1) Section 74(4), after `service'-- 9
insert-- 10
`under a taxi service'. 11
(2) Section 74(4), penalty, after `penalty'-- 12
insert-- 13
`for subsection (4)'. 14
(3) Section 74(5)-- 15
insert as heading-- 16
`Notice to be kept in taxi'. 17
(4) Section 74(5)-- 18
renumber as section 74AA. 19
(5) Section 74(6)-- 20
omit. 21
of new s 74AB 22
Insertion
Clause 58. After section 74AA, as renumbered-- 23
insert-- 24
on using taxis 25
`Prohibitions
`74AB.(1) The operator of a taxi service must not use a taxi to provide a 26
public passenger service-- 27
s 58 60 s 58
Transport Legislation Amendment
(a) in a taxi service area outside the area stated in the licence for the 1
taxi; or 2
(b) in a way that contravenes a restriction to which the licence is 3
subject. 4
Maximum penalty--40 penalty units. 5
`(2) The driver of a taxi must not use the taxi to provide a public 6
passenger service-- 7
(a) in a taxi service area outside the area stated in the licence for the 8
taxi; or 9
(b) in a way that contravenes a restriction to which the licence is 10
subject. 11
Maximum penalty--40 penalty units. 12
`(3) However, the driver or operator does not contravene 13
subsection (1)(a) or (2)(a) while the taxi is being used-- 14
(a) to complete a single passenger journey that started within the taxi 15
area stated in the licence; or 16
(b) to provide a public passenger service under a contract with a 17
government entity. 18
19
Example of a single passenger journey--
20
A passenger is picked up in Brisbane and is taken to Southport. The taxi waits for
21
the passenger at Southport and then takes the passenger to Ipswich and waits again
22
before returning the passenger to Brisbane.
`(4) In this section-- 23
"government entity" means-- 24
(a) any State or the Commonwealth; or 25
(b) a department, service, agency, authority, commission, 26
corporation, instrumentality, board, office, or other entity, 27
established for a government purpose of any State or the 28
Commonwealth; or 29
(c) a part of an entity mentioned in paragraph (b).'. 30
s 59 61 s 59
Transport Legislation Amendment
of s 100 (Direction to comply with standards) 1
Amendment
Clause 59.(1) Section 100(1)-- 2
omit, insert-- 3
`100.(1) If the chief executive considers a person has not complied, or is 4
not complying, with a provision of a standard, the chief executive may give 5
the person a written direction to comply with the standard. 6
`(2) If the failure to comply relates to a matter mentioned in 7
subsection (3), the direction may be-- 8
(a) to comply with the provision in relation to all public passenger 9
vehicles at all times within the next 3 years after the notice is 10
given; or 11
(b) to immediately stop failing to comply with the provision, and to 12
comply with the provision in relation to all public passenger 13
vehicles at all times within the next 3 years after the notice is 14
given. 15
`(3) The matters are-- 16
(a) fatigue, or another matter about a driver's fitness to drive or 17
operate a vehicle; or 18
(b) the condition of a vehicle; or 19
(c) the safe operation of a vehicle, including overloading and the 20
seating or standing of passengers. 21
`(4) If the failure to comply relates to a matter mentioned in 22
subsection (3) or to another matter, the direction may be to comply with the 23
provision at all times within the 3 year period starting on a stated day in 24
relation to-- 25
(a) all public passenger vehicles; or 26
(b) all public passenger services. 27
`(5) The stated day must be at least 5 working days after the day the 28
direction is given. 29
`(6) A direction must state-- 30
(a) each failure to comply with the direction, without a reasonable 31
excuse, is a separate offence; and 32
s 60 62 s 60
Transport Legislation Amendment
(b) the maximum penalty for each offence; and 1
(c) the direction does not relieve the person from the obligation to 2
comply with another provision of this or another Act.'. 3
(2) Section 100(2)-- 4
renumber as section 100(7). 5
(3) Section 100(7), as renumbered, penalty, `for subsection (2)'-- 6
omit. 7
(4) Section 100-- 8
insert-- 9
`(8) This section does not limit, and is not limited by, another provision 10
of this or another Act. 11
12
Example--
13
Noncompliance with a standard may, under a regulation, be made an offence or a
14
ground for cancellation of driver authorisation or operator accreditation.'.
of s 119 (Protection from liability) 15
Amendment
Clause 60.(1) Section 119(2), after `this Act'-- 16
insert-- 17
`or the Transport Infrastructure Act 1994'. 18
(2) Section 119-- 19
insert-- 20
`(4) For subsection (3)(a), a person is employed by a railway manager or 21
operator if the person is-- 22
(a) an employee, agent or contractor of the railway manager or 23
operator; or 24
(b) an employee of an agent or contractor mentioned in 25
paragraph (a).'. 26
s 61 63 s 63
Transport Legislation Amendment
of s 129 (Power to require production of certain 1
Amendment
documents) 2
Clause 61.(1) Section 129(1), `it.'-- 3
omit, insert-- 4
`either or both of the following-- 5
(a) the accreditation, authorisation, licence or contract; 6
(b) photographic identification issued in official form in or outside 7
Australia.'. 8
(2) Section 129(3), `the document'-- 9
omit, insert-- 10
`a document mentioned in subsection (1)(a) and produced under 11
subsection (2)'. 12
of s 130 (False or misleading information) 13
Amendment
Clause 62. Section 130(1)(a) and (b), after `authorised person'-- 14
insert-- 15
`, authorised person for a railway'. 16
of s 131 (False, misleading or incomplete documents) 17
Amendment
Clause 63.(1) Section 131(1) and (2), after `authorised person'-- 18
insert-- 19
`, authorised person for a railway'. 20
(2) Section 131-- 21
insert-- 22
`(4) In this section-- 23
"document" includes a report under this or another Act.'. 24
s 64 64 s 65
Transport Legislation Amendment
of ss 135 and 136 1
Replacement
Clause 64. Section 135-- 2
omit, insert-- 3
authorised person or authorised person for a railway 4
`Obstructing
`135.(1) A person must not obstruct an authorised person or an 5
authorised person for a railway (an "official") in the exercise of a power 6
under this or another Act, unless the person has a reasonable excuse. 7
Maximum penalty--60 penalty units. 8
`(2) If a person has obstructed an official under subsection (1) and the 9
official decides to exercise the power, the official must, if practicable, warn 10
the person-- 11
(a) that the official considers the person's conduct is obstructing the 12
official; and 13
(b) that it is an offence to obstruct the official, unless the person has a 14
reasonable excuse. 15
authorised person or authorised person for a railway 16
`Impersonating
`136. A person must not pretend to be an authorised person or an 17
authorised person for a railway. 18
Maximum penalty--80 penalty units.'. 19
of s 140 (Power to require person to leave train etc.) 20
Amendment
Clause 65. Section 140(1)(a), `146;5'-- 21
omit, insert-- 22
`144 or 146;16'. 23
16 Transport Infrastructure Act 1994, section 144 (Interfering with railway) or 146
(Trespassing on railway)
s 66 65 s 66
Transport Legislation Amendment
of new ch 11A 1
Insertion
Clause 66. After section 143A-- 2
insert-- 3
`CHAPTER 11A--FARE EVASION AND OTHER 4
MISCONDUCT ON VEHICLES OTHER THAN 5
TRAINS 6
of ch 11A 7
`Application
`143AB. This chapter applies to public passenger vehicles other than 8
trains. 9
for ch 11A 10
`Definitions
`143AC. In this chapter-- 11
"driver", of a vehicle, includes a conductor on or near the vehicle who is 12
operating in relation to the vehicle. 13
"fare", for a taxi, includes a charge a taxi driver may charge under a 14
regulation for cleaning a taxi soiled by the passenger. 15
"over-travel", a fare, means remain on the vehicle after the place, distance 16
or time covered by the fare has been reached. 17
evasion and obtaining hire of vehicle by fraud etc. 18
`Fare
`143AD.(1) A passenger on a public passenger vehicle must not evade 19
or attempt to evade part or all of the lawful fare for the vehicle's use or hire. 20
Maximum penalty--40 penalty units or 6 months imprisonment. 21
`(2) A person must not obtain or attempt to obtain the use or hire of a 22
public passenger vehicle by fraud or misrepresentation. 23
Maximum penalty--40 penalty units or 6 months imprisonment. 24
s 66 66 s 66
Transport Legislation Amendment
and equipment not to be interfered with 1
`Vehicle
`143AE.(1) A person must not wilfully and unlawfully interfere with a 2
public passenger vehicle. 3
Maximum penalty--40 penalty units or 6 months imprisonment. 4
`(2) In this section-- 5
"interfere with" means damage, deface or otherwise improperly interfere. 6
"vehicle" includes the vehicle's equipment. 7
disturbance or nuisance on vehicle 8
`Creating
`143AF. A person must not create a disturbance or nuisance while on a 9
public passenger vehicle, unless the person has a reasonable excuse. 10
Maximum penalty--40 penalty units or 6 months imprisonment. 11
to leave, or not to enter, vehicle 12
`Direction
`143AG.(1) This section applies if the driver of a public passenger 13
vehicle or an authorised person believes, on reasonable grounds that a 14
person who is on, or about to enter, a public passenger vehicle-- 15
(a) is causing, or is likely to cause, a nuisance or annoyance to the 16
driver or passengers on the vehicle; or 17
(b) is causing, or is likely to cause, a danger to the person or others; 18
or 19
(c) is contravening, or has just contravened, section 143AE in 20
relation to the vehicle; or 21
(d) has evaded or attempted to evade payment of the required fare for 22
using or hiring the vehicle. 23
`(2) The driver or an authorised person may direct the person to leave, or 24
not to enter, the vehicle. 25
s 66 67 s 66
Transport Legislation Amendment
to leave vehicle 1
`Direction
`143AH.(1) If a person on a public passenger vehicle has paid a fare for 2
travel on the vehicle but over-travels the fare paid, the driver or an 3
authorised person may direct the person to leave the vehicle. 4
`(2) If a person is on a public passenger vehicle that is hired by someone 5
else, without the hirer's permission, the driver or an authorised person may 6
direct the person to leave the vehicle. 7
`(3) If-- 8
(a) a person is about to enter, or has just entered, a public passenger 9
vehicle, or a compartment of a public passenger vehicle, that 10
appears already to have its full complement of passengers; and 11
(b) the driver or an authorised person tells the person, in a general 12
way, that the vehicle or compartment is full and that the person 13
can not board the vehicle or compartment or remain on the 14
vehicle or in the compartment; and 15
(c) the person fails to leave the vehicle or compartment; 16
the driver or an authorised person may direct the person to leave the vehicle 17
or compartment. 18
not to be given in particular circumstances 19
`Direction
`143AI. A driver or authorised person must not give a direction under 20
this part-- 21
(a) if complying with the direction is likely to endanger the safety of 22
a person; or 23
(b) if the direction is given to a school child and is inconsistent with a 24
code of conduct prescribed under a regulation. 25
Maximum penalty--5 penalty units. 26
given direction to be told particular things 27
`Person
`143AJ. The person giving a direction under this part must tell, in a 28
general way, the person to whom the direction is given-- 29
s 67 68 s 67
Transport Legislation Amendment
(a) the reason that the person has been directed to leave the vehicle; 1
and 2
(b) that it is an offence to fail to comply with the direction, unless the 3
person has a reasonable excuse. 4
5
Example of paragraph (a)--
6
The reason is that you are being a nuisance to other passengers.
to contravene direction 7
`Offence
`143AK. A person must not contravene a direction given to the person 8
under section 143AG or 143AH, unless the person has a reasonable excuse. 9
Maximum penalty--5 penalty units. 10
of new s 154A 11
Insertion
Clause 67. After section 154-- 12
insert-- 13
to pay operator the penalty recovered for fare evasion etc. 14
`Direction
`154A.(1). This section applies to an offence or alleged offence under 15
this Act in relation to a fare, ticket or ticket concession for a public 16
passenger service. 17
`(2) The court may direct that part or all of a fine or penalty recovered for 18
an offence to which this section applies be paid to a stated person aggrieved 19
by the commission of the offence. 20
`(3) The chief executive may direct that part or all of the penalties paid 21
under infringement notices for alleged offences to which this section applies 22
be paid to the operator providing the public passenger service. 23
`(4) While the direction under subsection (3) remains in force, penalties 24
recovered under the infringement notices are to be paid in accordance with 25
the direction.'. 26
s 68 69 s 71
Transport Legislation Amendment
of s 161 (Arrangements for school transport--fixed term 1
Amendment
contracts) 2
Clause 68. Section 161-- 3
insert-- 4
`(2A) To remove any doubt, it is declared that a declaration taken to have 5
been made under subsection (2) for a service stops having affect when this 6
section ceases to apply to the operator of the service.'. 7
of s 162 (Arrangements for school transport--other 8
Amendment
contracts) 9
Clause 69. Section 162-- 10
insert-- 11
`(2A) To remove any doubt, it is declared that a declaration taken to have 12
been made under subsection (2) for a service stops having affect when this 13
section ceases to apply to the operator of the service.'. 14
of sch 2 (Reviewable decisions) 15
Amendment
Clause 70. Schedule 2-- 16
insert-- 17
`62AC(4) Contract holder's performance has been Magistrates'. 18
unsatisfactory
of sch 3 (Dictionary) 19
Amendment
Clause 71.(1) Schedule 3, definitions "excluded public passenger service" and 20
"means of access"-- 21
omit. 22
(2) Schedule 3-- 23
insert-- 24
` "driver service" includes a service of actually providing a vehicle, on hire 25
or otherwise, if a driver for the vehicle is offered or available by, 26
through or on behalf of the operator. 27
s 71 70 s 71
Transport Legislation Amendment
"excluded public passenger service" means any of the following-- 1
(a) a community transport service; 2
(b) a courtesy transport service; 3
(c) a limousine service; 4
(d) an unscheduled long distance passenger service. 5
"infringement notice" means an infringement notice under the Justices Act 6
1886, part 4A or the State Penalties Enforcement Act 1999, part 3. 7
"prescribed school service contract" means a service contract-- 8
(a) to provide a service for which no declaration has been made 9
under section 42;17 and 10
(b) that is, or is part of, an arrangement under section 144.18 11
"restricted driver authorisation" means driver authorisation that is 12
restricted under section 29A. 13
"unscheduled long distance passenger service" means a pre-booked 14
public passenger service by road-- 15
(a) that is unscheduled; and 16
(b) by which all passengers on the service are carried on a journey of 17
at least 40 km to a general destination that has been predetermined 18
by the operator of the service; and 19
(c) no passenger's journey is entirely within-- 20
(i) a single service contract area or route, other than for a service 21
for the administration of taxi services; or 22
(ii) a single taxi service area.'. 23
(3) Schedule 3, definition "public passenger service", before `but does 24
not'-- 25
insert-- 26
`and includes a driver service and a service for the administration of taxi 27
services'. 28
17 Section 42 (Declaration that service contract are required)
18 Section 144 (Transport arrangements for pupils)
s 72 71 s 73
Transport Legislation Amendment
ART 6--AMENDMENT OF TRANSPORT 1
P
OPERATIONS (ROAD USE MANAGEMENT) ACT 2
1995 3
amended in schedule 4
Act
Clause 72. The schedule amends the Transport Operations (Road Use 5
Management) Act 1995. 6
PART 7--REPEAL OF SEA CARRIAGE OF GOODS 7
(STATE) ACT 1930 8
9
Repeal
Clause 73. The Sea Carriage of Goods (State) Act 1930 is repealed. 10
11
72
Transport Legislation Amendment
CHEDULE 1
¡S
INOR AMENDMENTS OF TRANSPORT 2
M
OPERATIONS (ROAD USE MANAGEMENT) ACT 3
1995 4
section 72 5
1. Section 36(1), after `owner'-- 6
insert-- 7
`or registered operator'. 8
2. Section 37(1), after `owner'-- 9
insert-- 10
`, registered operator'. 11
3. Section 37(3), after `owner'-- 12
insert-- 13
`or registered operator'. 14
4. Section 57B(3), definition "influencing person", after `owner'-- 15
insert-- 16
`or registered operator'. 17
5. Section 60(2)(d), `registered as the owner'-- 18
omit, insert-- 19
`recorded as the registered operator'. 20
73
Transport Legislation Amendment
SCHEDULE (continued)
6. Section 63(2), from `person'-- 1
omit, insert-- 2
`following person-- 3
(a) if the thing is a vehicle that has a registered operator--the 4
registered operator; 5
(b) if the thing is anything else--the person who appears to be its 6
owner.'. 7
7. Section 146(1)(i), after `owners'-- 8
insert-- 9
`or registered operators'. 10
8. Section 147(1)(a)(ix), after `owners'-- 11
insert-- 12
`or registered operators'. 13
9. Section 148, paragraph (b)(i), example, `ownership of the vehicle is 14
otherwise'-- 15
omit, insert-- 16
`the registration is'. 17
10. Section 165(1), after `owner'-- 18
insert-- 19
`or registered operator'. 20
74
Transport Legislation Amendment
SCHEDULE (continued)
11. Section 170(1) and (2), `the owner'-- 1
omit, insert-- 2
`the registered operator'. 3
12. Section 170(1), `an owner'-- 4
omit, insert-- 5
`a registered operator'. 6
13. Section 170(1), `owner's'-- 7
omit, insert-- 8
`registered operator's'. 9
14. Section 170(3), `owner'-- 10
omit, insert-- 11
`operator'. 12
15. Schedule 4, dictionary-- 13
insert-- 14
` "registered operator" means a person-- 15
(a) in whose name the vehicle is registered under a transport Act or a 16
corresponding law; or 17
(b) who has given notice to the chief executive for the purpose of 18
having the vehicle registered in the person's name under a 19
transport Act.'. 20
© State of Queensland 1999
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