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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland TRANSPORT LEGISLATION AMENDMENT BILL 2002
Queensland TRANSPORT LEGISLATION AMENDMENT BILL 2002 TABLE OF PROVISIONS Section Page PART 1--PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 PART 2--AMENDMENT OF AURUKUN ASSOCIATES AGREEMENT ACT 1975 3 Act amended in pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 4 Insertion of new s 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 7 Changed references for Corporations Act . . . . . . . . . . . . . . . . . . . . . 8 PART 3--AMENDMENT OF CENTRAL QUEENSLAND COAL ASSOCIATES AGREEMENT ACT 1968 5 Act amended in pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 6 Replacement of title. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 7 Insertion of new s 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 1A Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 8 Amendment of s 2 (Execution of agreement authorised) . . . . . . . . . . . . . . . 9 9 Replacement of s 3 (Executed agreement to have force of law) . . . . . . . . . . 10 3 Agreement has force of law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 10 Amendment and relocation of s 4 (Variation of agreement) . . . . . . . . . . . . . 10 11 Insertion of new s 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 4 Variation of agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 12 Replacement of ss 4A and 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 5 Application of GST to rents after 30 June 2005 . . . . . . . . . . . . . . . . 10 13 Amendment of s 6 (Making of agreement authorised) . . . . . . . . . . . . . . . . . 11 14 Insertion of new ss 8 and 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
2 Transport Legislation Amendment Bill 2002 8 Making of 2002 agreement authorised . . . . . . . . . . . . . . . . . . . . . . . 11 9 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 15 Amendment of sch 1 (The agreement) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 SCHEDULE 1 THE ORIGINAL AGREEMENT 16 Amendment of sch 2, as inserted by 2001 Act No. 46 (Agreement). . . . . . . 12 PROPOSED 2001 AGREEMENT 17 Amendment of sch 2, as inserted by 1997 Act No. 72 (Central Queensland Coal Associates Amendment Agreement 1997) . . . . . . . . . . . . 12 SCHEDULE 2 FIRST PROPOSED 1997 AGREEMENT 18 Amendment of sch 3, as inserted by 1997 Act No. 72 (Central Queensland Coal Associates Amendment Agreement 1997) . . . . . . . . . . . . 13 SCHEDULE 3 SECOND PROPOSED 1997 AGREEMENT 19 Insertion of new sch 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 SCHEDULE 5 PROPOSED 2002 AGREEMENT PART 4--AMENDMENT OF QUEENSLAND NICKEL AGREEMENT ACT 1970 20 Act amended in pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 21 Insertion of new s 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 8 Changed references for Corporations Act . . . . . . . . . . . . . . . . . . . . . 17 PART 5--AMENDMENT OF TRANSPORT INFRASTRUCTURE ACT 1994 22 Act amended in pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 23 Omission of s 138 (Carrying dangerous goods) . . . . . . . . . . . . . . . . . . . . . . 17 24 Insertion of new s 138A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 25 Insertion of new s 155A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 155A Port authority is excluded matter for Corporations Act . . . . . . . . . . . 19 26 Amendment of s 215 (Boundary identification etc.) . . . . . . . . . . . . . . . . . . . 19 27 Amendment of s 218 (Expiry of division etc.) . . . . . . . . . . . . . . . . . . . . . . . 20 28 Amendment of s 221 (Continuation of Transport Infrastructure (Railways) Act 1991, ss 49 and 51). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
3 Transport Legislation Amendment Bill 2002 PART 6--AMENDMENT OF TRANSPORT LEGISLATION AMENDMENT ACT 2001 29 Act amended in pt 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 30 Omission of s 30 (Replacement of s 138 (Carrying dangerous goods)) . . . . 20 PART 7--AMENDMENT OF TRANSPORT OPERATIONS (MARINE POLLUTION) ACT 1995 31 Act amended in pt 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 32 Omission of s 2 (Commencement) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 33 Amendment of s 3 (Overall purpose) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 34 Insertion of new s 7A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 7A Meaning of "length overall" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 35 Omission of s 50 (Ships to have holding tanks) . . . . . . . . . . . . . . . . . . . . . . 21 36 Replacement of pt 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 PART 7--PREVENTION OF POLLUTION BY SEWAGE Division 1--Interpretation 45 Definitions for pt 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 46 Words and expressions used in Annex IV to MARPOL and this part 22 Division 2--Discharge of sewage 47 Discharge of untreated sewage into nil discharge waters for untreated sewage prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 48 Discharge of treated sewage into nil discharge waters for treated sewage prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 49 Declared ship operating in prescribed nil discharge waters to be fitted with sewage holding device . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 50 Discharge of sewage from declared ship into nil discharge waters for sewage prohibited. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 51 Shipboard sewage management plan . . . . . . . . . . . . . . . . . . . . . . . . . 25 Division 3--Defence 51A Defence to discharge offence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Division 4--General 51B Treatment system to be in proper working order. . . . . . . . . . . . . . . . 26 51C Other laws may also apply. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 37 Amendment of s 67 (Duty to report certain incidents) . . . . . . . . . . . . . . . . . 27 38 Insertion of new pt 11A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 PART 11A--INSURANCE
4 Transport Legislation Amendment Bill 2002 67A Ship's owner to have insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 39 Amendment of s 133 (Regulations). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 40 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 PART 8--AMENDMENT OF TRANSPORT OPERATIONS (MARINE SAFETY) ACT 1994 41 Act amended in pt 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 42 Omission of s 14 (Marine incidents required to be reported under Commonwealth Navigation Act). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 43 Insertion of new s 107A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 107A Damage to an aid to navigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 PART 9--AMENDMENT OF TRANSPORT OPERATIONS (PASSENGER TRANSPORT) ACT 1994 44 Act amended in pt 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 45 Omission of s 38A (What are temporary service contracts) . . . . . . . . . . . . . 30 46 Amendment of s 38B (Chief executive may enter into service contracts) . . 30 47 Amendment of s 41 (Other matters to be included in service contracts) . . . 31 48 Amendment of s 44 (Term of service contracts) . . . . . . . . . . . . . . . . . . . . . . 31 49 Amendment of s 45 (Conditions of service contracts) . . . . . . . . . . . . . . . . . 31 50 Amendment of s 46 (Review of holder's performance) . . . . . . . . . . . . . . . . 32 51 Amendment of s 47 (Breach of service contracts) . . . . . . . . . . . . . . . . . . . . 32 52 Insertion of new s 47A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 47A Renewal of service contracts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 53 Insertion of new ch 6, pt 1, div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Division 4--Emergency service contracts 48A Chief executive may enter into emergency service contract . . . . . . . 34 48B Entering into an emergency service contract . . . . . . . . . . . . . . . . . . . 34 48C Term of emergency service contract . . . . . . . . . . . . . . . . . . . . . . . . . 34 54 Omission of s 50 (Commercial and government funded service contracts) . 35 55 Amendment of s 54 (Special condition for commercial service contracts for restricted school services) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 56 Amendment of s 62 (Offer of new service contract) . . . . . . . . . . . . . . . . . . . 35 57 Amendment of s 62AC (Entitlement of satisfactorily performing existing operator under a service contract) . . . . . . . . . . . . . . . . . . . . . . . . . . 35
5 Transport Legislation Amendment Bill 2002 58 Amendment of s 62AD (First opportunity to offer may be given to existing operator of school services under a service contract or transitional provision) .................................... 36 59 Omission of ch 6, pt 2, div 3 (Entering into temporary service contracts to ensure continuity of existing service) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 60 Replacement of ch 13, pt 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 PART 1--TRANSITIONAL PROVISION FOR TRANSPORT LEGISLATION AMENDMENT ACT 2002 156 Continuation of temporary service contracts . . . . . . . . . . . . . . . . . . . 36 61 Amendment of sch 2 (Reviewable decisions) . . . . . . . . . . . . . . . . . . . . . . . . 36 62 Amendment of sch 3 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 PART 10--AMENDMENT OF TRANSPORT PLANNING AND COORDINATION ACT 1984 63 Act amended in pt 10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 64 Insertion of new s 10A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 10A SEQTA is excluded matter for Corporations Act. . . . . . . . . . . . . . . . 38 65 Insertion of new s 16A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 16A SEQTA board is excluded matter for Corporations Act . . . . . . . . . . 38 PART 11--REPEALS 66 Repeal of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
2002 A BILL FOR An Act to amend legislation administered by the Minister for Transport and the Minister for Main Roads, and for other purposes
s1 8 s4 Transport Legislation Amendment Bill 2002 The Parliament of Queensland enacts-- 1 PART 1--PRELIMINARY 2 1 Short title Clause 3 This Act may be cited as the Transport Legislation Amendment Act 2002. 4 2 Commencement Clause 5 (1) Part 3, sections 31, 32 and 35, and part 11 commence on assent. 6 (2) The remaining provisions of this Act commence on a day to be fixed 7 by proclamation. 8 PART 2--AMENDMENT OF AURUKUN ASSOCIATES 9 AGREEMENT ACT 1975 10 3 Act amended in pt 2 Clause 11 This Act amends the Aurukun Associates Agreement Act 1975. 12 4 Insertion of new s 7 Clause 13 After section 6-- 14 insert-- 15 `7 Changed references for Corporations Act 16 `(1) A reference in the definition "related company" in clause 2(1) of 17 part I of the agreement to a related company or related corporation as either 18 of those terms is defined by the Companies Act is a reference to a related 19 body corporate under the Corporations Act. 20 `(2) A reference in clause 7(2) of part VIII of the agreement to section 6 21 of the Companies Act is to be read as a reference to the Corporations Act, 22 section 9. 23
s5 9 s8 Transport Legislation Amendment Bill 2002 `(3) Any other reference in the agreement to the Companies Act is to be 1 read as a reference to the Corporations Act.'. 2 PART 3--AMENDMENT OF CENTRAL QUEENSLAND 3 COAL ASSOCIATES AGREEMENT ACT 1968 4 5 Act amended in pt 3 Clause 5 This part amends the Central Queensland Coal Associates Agreement 6 Act 1968. 7 6 Replacement of title Clause 8 Title-- 9 omit, insert-- 10 `An Act about an agreement between the State and various companies 11 for the mining of coal in central Queensland, and for related 12 purposes'. 13 7 Insertion of new s 1A Clause 14 After section 1-- 15 insert-- 16 `1A Definition 17 `In this Act-- 18 "the agreement" means the agreement made on 28 January 1969 as 19 authorised by section 2, as varied under this or another Act.'. 20 8 Amendment of s 2 (Execution of agreement authorised) Clause 21 Section 2, from `a copy'-- 22 omit, insert-- 23 `the form of which is set out in schedule 1.'. 24
s9 10 s 12 Transport Legislation Amendment Bill 2002 9 Replacement of s 3 (Executed agreement to have force of law) Clause 1 Section 3-- 2 omit, insert-- 3 `3 Agreement has force of law 4 `The agreement has the force of law as if it were enacted.'. 5 10 Amendment and relocation of s 4 (Variation of agreement) Clause 6 (1) Section 4, heading-- 7 omit, insert-- 8 `Making of 2001 agreement authorised'. 9 (2) Section 4(1), `schedule 2'-- 10 omit, insert-- 11 `schedule 4'. 12 (3) Section 4-- 13 renumber and relocate as section 7. 14 11 Insertion of new s 4 Clause 15 After section 3-- 16 insert-- 17 `4 Variation of agreement 18 `(1) The agreement may be varied only by further agreement between 19 the parties under the authority of an Act. 20 `(2) A variation of the agreement purported to be made other than under 21 subsection (1) is of no effect.'. 22 12 Replacement of ss 4A and 5 Clause 23 Sections 4A and 5-- 24 omit, insert-- 25 `5 Application of GST to rents after 30 June 2005 26 `(1) This section applies to rent payable after 30 June 2005 under-- 27
s 13 11 s 14 Transport Legislation Amendment Bill 2002 (a) this Act; or 1 (b) the agreement; or 2 (c) a lease granted under, or mentioned in, the agreement. 3 `(2) If the rent is for a supply for which GST is payable, the rent payable 4 is the total of-- 5 (a) the rent that would have been payable if the rent were not for a 6 supply for which GST is payable; and 7 (b) 10% of the rent that would have been payable if the rent were not 8 for a supply for which GST is payable. 9 `(3) Subsection (2) applies despite the following-- 10 (a) sections 3 and 4; 11 (b) the agreement; 12 (c) the Mineral Resources Act 1989.'. 13 13 Amendment of s 6 (Making of agreement authorised) Clause 14 Section 6, heading-- 15 omit, insert-- 16 `Making of 1997 agreements authorised'. 17 14 Insertion of new ss 8 and 9 Clause 18 After section 7 (as renumbered)-- 19 insert-- 20 `8 Making of 2002 agreement authorised 21 `(1) The Premier is authorised, for the State, to make an agreement (the 22 "2002 agreement") with the other parties named in the 2002 agreement. 23 `(2) The 2002 agreement must be substantially in the form set out in 24 schedule 5. 25 `(3) The Premier must notify the date of making of the 2002 agreement 26 by gazette notice. 27
s 15 12 s 17 Transport Legislation Amendment Bill 2002 `9 Regulation-making power 1 `The Governor in Council may make regulations under this Act.'. 2 15 Amendment of sch 1 (The agreement) Clause 3 Schedule 1, heading-- 4 omit, insert-- 5 `SCHEDULE 1 6 `THE ORIGINAL AGREEMENT 7 section 2'. 8 16 Amendment of sch 2, as inserted by 2001 Act No. 46 (Agreement) Clause 9 (1) Schedule 2, heading, `Agreement'-- 10 omit, insert-- 11 `PROPOSED 2001 AGREEMENT 12 section 7'. 13 (2) Schedule 2-- 14 renumber and relocate as schedule 4. 15 17 Amendment of sch 2, as inserted by 1997 Act No. 72 (Central Clause 16 Queensland Coal Associates Amendment Agreement 1997) 17 Schedule 2, heading-- 18 omit, insert-- 19
s 18 13 s 19 Transport Legislation Amendment Bill 2002 `SCHEDULE 2 1 `FIRST PROPOSED 1997 AGREEMENT 2 section 6'. 3 18 Amendment of sch 3, as inserted by 1997 Act No. 72 (Central Clause 4 Queensland Coal Associates Amendment Agreement 1997) 5 Schedule 2, heading-- 6 omit, insert-- 7 `SCHEDULE 3 8 `SECOND PROPOSED 1997 AGREEMENT 9 section 6'. 10 19 Insertion of new sch 5 Clause 11 After schedule 4 (as renumbered)-- 12 insert-- 13 `SCHEDULE 5 14 `PROPOSED 2002 AGREEMENT 15 section 8 16 AN AGREEMENT made the day of 2002 17 18 BETWEEN THE STATE OF QUEENSLAND 19
s 19 14 s 19 Transport Legislation Amendment Bill 2002 and BHP COAL PTY LTD ACN 010 595 721 (formerly BHP 1 Australia Coal Pty Ltd) (formerly Utah Development 2 Company), a company duly incorporated according to law 3 and having its registered office at Level 13, Riverside 4 Centre, 123 Eagle Street, Brisbane, Queensland ("BHPC") 5 and MITSUBISHI DEVELOPMENT PTY LTD ACN 009 6 779 873, a company duly incorporated according to law and 7 having its registered office at Level 32, AMP Place, 10 8 Eagle Street, Brisbane, Queensland ("Mitsubishi") 9 and UMAL CONSOLIDATED PTY LTD ACN 000 767 386 10 (formerly Utah Mining Australia Limited), a company duly 11 incorporated according to law and having its registered 12 office at Level 13, Riverside Centre, 123 Eagle Street, 13 Brisbane, Queensland ("UCL") 14 and QCT INVESTMENT PTY LTD ACN 010 487 831, a 15 company duly incorporated according to law and having its 16 registered office at Level 13, 123 Eagle Street, Brisbane, 17 Queensland ("QCT Investment") 18 and QCT MINING PTY LTD ACN 010 487 840, a company 19 duly incorporated according to law and having its registered 20 office at Level 13, 123 Eagle Street, Brisbane, Queensland 21 ("QCT Mining") 22 and QCT MANAGEMENT LIMITED ACN 010 472 036, a 23 company duly incorporated according to law and having its 24 registered office at Level 13, Riverside Centre, 123 Eagle 25 Street, Brisbane ("QCT Management") 26 and BHP QUEENSLAND COAL LIMITED ARBN 010 506 27 073, a company duly incorporated according to law and 28 having its registered office at Level 13, Riverside Centre, 29 123 Eagle Street, Brisbane, Queensland ("BHPQ") 30
s 19 15 s 19 Transport Legislation Amendment Bill 2002 and BHP QUEENSLAND COAL INVESTMENTS PTY 1 LTD ACN 098 876 825, a company duly incorporated 2 according to law and having its registered office at Level 3 13, Riverside Centre, 123 Eagle Street, Brisbane ("BHPQ 4 Investments") 5 RECITAL 6 BHPQ wishes to transfer its 8.50% interest in the benefits and obligations 7 under the agreement (including its 8.50% interest in its rights to, or as the 8 holder of, any lease, licence, easement, grant or other title granted to it 9 under the agreement) to its wholly-owned subsidiary, BHPQ Investments. 10 IT IS AGREED-- 11 `1 Definitions 12 In this agreement-- 13 "Act" means the Central Queensland Coal Associates Agreement 14 Act 1968. 15 "the agreement" means the agreement as defined in section 1A of the Act. 16 `2 Amendment of the agreement 17 The parties agree that the agreement is amended as follows-- 18 (1) In part I, clause 2, definition "Companies"-- 19 omit, insert-- 20 ` "Companies" means-- 21 (a) BHP Coal Pty Ltd; and 22 (b) Mitsubishi Development Pty Ltd; and 23 (c) Umal Consolidated Pty Ltd; and 24 (d) BHP Queensland Coal Investments Pty Ltd; and 25 (e) QCT Investment Pty Ltd; and 26 (f) QCT Mining Pty Ltd; and 27 (g) QCT Management Limited.'. 28 (2) In part IX, clauses 11 and 12, `BHP Queensland Coal Limited'-- 29
s 19 16 s 19 Transport Legislation Amendment Bill 2002 omit, insert-- 1 `BHP Queensland Coal Investments Pty Ltd'.'. 2 `3 When agreement takes effect 3 This agreement takes effect on-- 4 (a) if all the parties have signed it before 1 July 2002--1 July 2002; 5 or 6 (b) if paragraph (a) does not apply--the date the Premier signs it. 7 `4 Effect of agreement 8 The parties agree that on and from the date this agreement takes effect-- 9 (a) BHPQ is released and discharged from all the duties, obligations 10 and liabilities it has under the agreement to the extent of its 11 8.50% interest assigned to BHPQ Investments but not otherwise; 12 and 13 (b) BHPQ Investments agrees to be bound by the agreement as if it 14 had been party to it; and 15 (c) the companies hold the interests in the operations carried on 16 under the agreement as follows-- 17 BHPC 40.75% 18 Mitsubishi 15.53% 19 UCL 0.75% 20 BHPQ Investments 8.50% 21 QCT Investment 12.00% 22 QCT Mining 15.78% 23 QCT Management 6.69%. 24 25 26 SIGNED by the parties as follows .....'. 27
s 20 17 s 24 Transport Legislation Amendment Bill 2002 PART 4--AMENDMENT OF QUEENSLAND NICKEL 1 AGREEMENT ACT 1970 2 20 Act amended in pt 4 Clause 3 This part amends the Queensland Nickel Agreement Act 1970. 4 21 Insertion of new s 8 Clause 5 After section 7-- 6 insert-- 7 `8 Changed references for Corporations Act 8 `(1) A reference in the agreement to a related company of the Companies 9 or any of them within the meaning of The Companies Act 1961 to 1964 is a 10 reference to a related body corporate, under the Corporations Act, of the 11 Companies or any of them. 12 `(2) Any other reference in the agreement to the Companies Act is to be 13 read as a reference to the Corporations Act.'. 14 PART 5--AMENDMENT OF TRANSPORT 15 INFRASTRUCTURE ACT 1994 16 22 Act amended in pt 5 Clause 17 This part amends the Transport Infrastructure Act 1994. 18 23 Omission of s 138 (Carrying dangerous goods) Clause 19 Section 138-- 20 omit. 21 24 Insertion of new s 138A Clause 22 After section 137-- 23
s 24 18 s 24 Transport Legislation Amendment Bill 2002 insert-- 1 `138A Railways on State-controlled roads 2 `(1) This section applies if-- 3 (a) a railway manager-- 4 (i) holds a sublease of rail corridor land; or 5 (ii) has access to future railway land; and 6 (b) the route of the rail corridor land or future railway land-- 7 (i) is interrupted by a State-controlled road; and 8 (ii) continues on the other side of the State-controlled road. 9 `(2) The Minister may, by gazette notice, declare the part of the 10 State-controlled road where it interrupts the route to be a common area 11 ("common area") for the State-controlled road and the route of the rail 12 corridor land or future railway land. 13 `(3) If the Minister declares a common area-- 14 (a) the railway manager for the rail corridor land or future railway 15 land may construct, maintain and operate a railway on the 16 common area in a way not inconsistent with its use as a 17 State-controlled road; and 18 (b) the chief executive for chapter 5 may construct, maintain and 19 operate the State-controlled road on the common area in a way 20 not inconsistent with its use as a railway; and 21 (c) the chief executive for chapter 5 and the chief executive's agents 22 or employees do not have any liability for the railway or its use 23 or operation on the common area. 24 25 Examples for paragraph (a)-- 26 · a level crossing 27 · a bridge or other structure over the road 28 · a bridge or other structure that allows the railway to pass under the 29 road. `(4) After a common area is declared-- 30 (a) the chief executive must give a copy of the gazette notice to the 31 registrar of titles-- 32 (i) promptly after the gazette notice is published, if the land is 33 rail corridor land; or 34
s 25 19 s 26 Transport Legislation Amendment Bill 2002 (ii) promptly after the land is leased to the railway manager 1 under section 131(4), if the land is future railway land; and 2 (b) the registrar of titles must record the declaration on the relevant 3 lease of the rail corridor land to the State and the sublease in the 4 leasehold land register. 5 `(5) If a railway on a common area stops being used, the railway 6 manager for the railway is responsible for the cost of removing rail 7 transport infrastructure from the common area and restoring the road, 8 unless the chief executive and the railway manager otherwise agree. 9 `(6) In this section-- 10 "chief executive for chapter 5" means the chief executive of the 11 department that deals with the administration of chapter 5.'. 12 25 Insertion of new s 155A Clause 13 After section 155-- 14 insert-- 15 `155A Port authority is excluded matter for Corporations Act 16 `A port authority established under section 155 is declared to be an 17 excluded matter for the Corporations Act, section 5F in relation to the 18 following provisions of the Corporations Act-- 19 (a) parts 2D.1 and 2D.6; 20 (b) chapters 2K and 2L; 21 (c) parts 5.7, 5.7B, 5.9 and 5B.2.1'. 22 26 Amendment of s 215 (Boundary identification etc.) Clause 23 (1) Section 215(1), `within 5 years after the commencement'-- 24 omit, insert-- 25 `by the end of 30 June 2003'. 26 1 Corporations Act, part 2D.1 (Duties and powers), part 2D.6 (Disqualification from managing corporations), chapter 2K (Charges), chapter 2L (Debentures), part 5.7 (Winding up bodies other than companies), part 5.7B (Recovering property or compensation for the benefit of creditors of insolvent company), part 5.9 (Miscellaneous) and part 5B.2 (Registrable bodies)
s 27 20 s 30 Transport Legislation Amendment Bill 2002 (2) Section 215(7)-- 1 omit. 2 27 Amendment of s 218 (Expiry of division etc.) Clause 3 Section 218(2), `7 years after it commences'-- 4 omit, insert-- 5 `on 30 June 2003'. 6 28 Amendment of s 221 (Continuation of Transport Infrastructure Clause 7 (Railways) Act 1991, ss 49 and 51) 8 (1) Section 221(4)-- 9 omit, insert-- 10 `(4) This section expires on 30 June 2003.'. 11 (2) Section 221(5)-- 12 omit. 13 PART 6--AMENDMENT OF TRANSPORT 14 LEGISLATION AMENDMENT ACT 2001 15 29 Act amended in pt 6 Clause 16 This part amends the Transport Legislation Amendment Act 2001. 17 30 Omission of s 30 (Replacement of s 138 (Carrying dangerous Clause 18 goods)) 19 Section 30-- 20 omit. 21
s 31 21 s 35 Transport Legislation Amendment Bill 2002 PART 7--AMENDMENT OF TRANSPORT 1 OPERATIONS (MARINE POLLUTION) ACT 1995 2 31 Act amended in pt 7 Clause 3 This part amends the Transport Operations (Marine Pollution) Act 1995. 4 32 Omission of s 2 (Commencement) Clause 5 omit. 6 33 Amendment of s 3 (Overall purpose) Clause 7 Section 3(2), after the third bullet point-- 8 insert-- 9 `· Annex IV (which deals with pollution by sewage)'. 10 34 Insertion of new s 7A Clause 11 Part 1, division 3-- 12 insert-- 13 `7A Meaning of "length overall" 14 `(1) The "length overall" of a ship is the distance in the fore and aft line 15 from the foremost part of the hull of the ship to the aftermost part of the 16 hull of the ship taken at the upper weather tight deck or, for an open ship, at 17 the height of the gunwale. 18 `(2) However, the length overall of the ship does not include the length 19 of appendages to the hull. 20 21 Example-- 22 A bowsprit or boarding platform is not taken into account when measuring the length 23 overall of a ship.'. 35 Omission of s 50 (Ships to have holding tanks) Clause 24 Section 50-- 25 omit. 26
s 36 22 s 36 Transport Legislation Amendment Bill 2002 36 Replacement of pt 7 Clause 1 Part 7-- 2 omit, insert-- 3 `PART 7--PREVENTION OF POLLUTION BY SEWAGE 4 `Division 1--Interpretation 5 `45 Definitions for pt 7 6 `In this part-- 7 "culpable person", for a discharge of treated sewage or untreated sewage 8 from a ship, means-- 9 (a) the ship's owner; or 10 (b) the ship's master; or 11 (c) another member of the ship's crew whose act caused or 12 contributed to the discharge, unless the member was acting under 13 the direct supervision of the master or of someone authorised by 14 the master for the purpose. 15 "declared ship" see section 49. 16 "discharge offence" means an offence against section 47, 48 or 50. 17 "sewage holding device" means-- 18 (a) a container or receptacle that is designed or constructed to 19 receive sewage and hold it inside the container or receptacle for 20 disposal; or 21 22 Example for paragraph (a)-- 23 A portable toilet or holding tank. (b) a treatment system that is fitted with, or connected to, a container 24 or receptacle mentioned in paragraph (a). 25 `46 Words and expressions used in Annex IV to MARPOL and this 26 part 27 `(1) Words and expressions used in Annex IV to MARPOL and this part 28 have the same meanings in this part they have in the annex. 29
s 36 23 s 36 Transport Legislation Amendment Bill 2002 `(2) Subsection (1) applies whether or not a particular word or 1 expression is defined in Annex IV. 2 `(3) Except as far as the context or subject matter otherwise indicates or 3 requires, if a word or expression is defined in Annex IV to MARPOL and 4 this part-- 5 (a) this part's definition does not limit or exclude, but may extend, 6 the meaning of the word or expression given under Annex IV; 7 and 8 (b) the definitions are to be read in the context of each other and the 9 other provisions of this Act, but, if the definitions so read are 10 inconsistent, the Annex IV definition is displaced. 11 `Division 2--Discharge of sewage 12 `47 Discharge of untreated sewage into nil discharge waters for 13 untreated sewage prohibited 14 `(1) If untreated sewage is discharged from a ship into nil discharge 15 waters for untreated sewage, each culpable person for the discharge 16 commits an offence. 17 Maximum penalty--850 penalty units. 18 `(2) The nil discharge waters for untreated sewage are the coastal waters 19 prescribed under a regulation for this section. 20 `(3) This section applies despite the Criminal Code, sections 23 and 24.2 21 `48 Discharge of treated sewage into nil discharge waters for treated 22 sewage prohibited 23 `(1) If treated sewage is discharged from a ship into nil discharge waters 24 for treated sewage, each culpable person for the discharge commits an 25 offence. 26 Maximum penalty--850 penalty units. 27 2 See the footnote to section 26(2) for information about sections 23 and 24 of the Code.
s 36 24 s 36 Transport Legislation Amendment Bill 2002 `(2) The nil discharge waters for treated sewage are the coastal waters 1 prescribed under a regulation for this section. 2 `(3) This section applies despite the Criminal Code, sections 23 and 24. 3 `49 Declared ship operating in prescribed nil discharge waters to be 4 fitted with sewage holding device 5 `(1) The owner or master of a declared ship must not operate the 6 declared ship in nil discharge waters for treated sewage or untreated 7 sewage from a declared ship, unless the declared ship is fitted with a 8 sewage holding device. 9 Maximum penalty--850 penalty units. 10 `(2) A declared ship is taken not to be fitted with a sewage holding 11 device unless a sewage holding device fitted to the ship is appropriate 12 having regard to-- 13 (a) the person capacity of the ship prescribed under the Transport 14 Operations (Marine Safety) Act 1994; and 15 (b) the duration of the ship's journey in the nil discharge waters. 16 `(3) The nil discharge waters for treated sewage or untreated sewage 17 from a declared ship are the coastal waters prescribed under a regulation 18 for this section. 19 `(4) In this section-- 20 "declared ship" means a ship declared under a regulation to be a ship to 21 which this section applies. 22 "operate", a declared ship, includes anchor, berth or moor the declared 23 ship. 24 `50 Discharge of sewage from declared ship into nil discharge waters 25 for sewage prohibited 26 `(1) If treated sewage or untreated sewage is discharged from a declared 27 ship into the nil discharge waters for treated sewage or untreated sewage 28 from a declared ship under section 49, each culpable person for the 29 discharge commits an offence. 30 Maximum penalty--850 penalty units. 31 `(2) This section applies despite the Criminal Code, sections 23 and 24. 32
s 36 25 s 36 Transport Legislation Amendment Bill 2002 `51 Shipboard sewage management plan 1 `(1) This section applies to a ship declared under a regulation for this 2 section. 3 `(2) If a ship does not have on board a shipboard sewage management 4 plan, the ship's owner and master each commit an offence. 5 Maximum penalty--850 penalty units. 6 `(3) If a ship has on board a shipboard sewage management plan but is 7 not fitted with any equipment that may be required to implement the plan, 8 the ship's owner and master each commit an offence. 9 Maximum penalty--850 penalty units. 10 `(4) A regulation may prescribe minimum requirements for a shipboard 11 sewage management plan. 12 `Division 3--Defence 13 `51A Defence to discharge offence 14 `(1) Each of the following is a defence to a prosecution for a discharge 15 offence-- 16 (a) the discharge was necessary for the purpose of securing the 17 safety of a ship or saving life at sea; 18 (b) the discharge resulted from damage, other than intentional 19 damage, to the ship or its equipment and all reasonable 20 precautions were taken after the damage happened or the 21 discharge was discovered to prevent or minimise the discharge. 22 `(2) For subsection (1)(b), damage to a ship or its equipment is 23 intentional damage only if the damage arose in circumstances in which the 24 ship's owner, master or another member of the ship's crew-- 25 (a) acted with intent to cause damage; or 26 (b) acted recklessly and with knowledge that damage would 27 probably result. 28
s 36 26 s 36 Transport Legislation Amendment Bill 2002 `Division 4--General 1 `51B Treatment system to be in proper working order 2 `(1) This section applies if-- 3 (a) a ship is operating in coastal waters that are outside the nil 4 discharge waters for treated sewage under section 48 but within 5 the nil discharge waters for untreated sewage under section 47; 6 and 7 (b) the ship is fitted with a treatment system. 8 `(2) The owner or master of the ship or a member of the ship's crew 9 responsible for the operation of the treatment system must ensure that the 10 treatment system is not operated, or available to be operated, to discharge 11 the sewage into the coastal waters unless the system is in proper working 12 order. 13 Maximum penalty--350 penalty units. 14 `(3) In a proceeding for an offence against subsection (2), the fact that at 15 a particular time an indicator on a treatment system was indicating that the 16 system was malfunctioning is evidence that the system was not in proper 17 working order at the time. 18 `(4) In this section-- 19 "malfunctioning" includes the following-- 20 (a) faulty; 21 (b) in need of attention; 22 (c) not in proper working order; 23 (d) out of order. 24 `51C Other laws may also apply 25 `This part does not limit another law imposing more stringent 26 requirements about the discharge of sewage into coastal waters. 27 28 Example of another law-- 29 Transport Infrastructure (Sunshine Coast Waterways) Management Plan 2000'.
s 37 27 s 38 Transport Legislation Amendment Bill 2002 37 Amendment of s 67 (Duty to report certain incidents) Clause 1 Section 67(1), definition "reportable incident"-- 2 omit, insert-- 3 ` "reportable incident" means-- 4 (a) a discharge or probable discharge of-- 5 (i) oil or a noxious liquid substance that happens in coastal 6 waters; or 7 (ii) untreated sewage in the nil discharge waters for untreated 8 sewage under section 47; or 9 (iii) treated sewage in the nil discharge waters for treated sewage 10 under section 48; or 11 (iv) for a declared ship, treated sewage or untreated sewage in 12 the nil discharge waters for treated sewage or untreated 13 sewage under section 49; or 14 (b) the jettisoning of a harmful substance carried in packaged form 15 from a ship that happens in coastal waters; 16 but does not include a discharge or jettisoning exempted by 17 regulation.'. 18 38 Insertion of new pt 11A Clause 19 After section 67-- 20 insert-- 21 `PART 11A--INSURANCE 22 `67A Ship's owner to have insurance 23 `(1) This section applies if a ship is more than 35 m in length overall. 24 `(2) The ship's owner must have an insurance policy that, to the limits 25 applying under a regulation, is sufficient to pay for-- 26 (a) the clean up costs of the discharge of a pollutant from the ship 27 into coastal waters; and 28
s 39 28 s 40 Transport Legislation Amendment Bill 2002 (b) the costs of salvage or removal of the ship from coastal waters if 1 the ship is abandoned or wrecked. 2 Maximum penalty--850 penalty units.'. 3 39 Amendment of s 133 (Regulations) Clause 4 (1) Section 133, heading-- 5 omit, insert-- 6 `Regulation-making power'. 7 (2) Section 133(2)(e)-- 8 omit, insert-- 9 `(e) the standard of treatment systems;'. 10 40 Amendment of schedule (Dictionary) Clause 11 (1) Schedule, definitions "commencement", "existing ship", "high 12 sensitivity zone", "holding tank", "large ship", "length overall", "low 13 sensitivity zone", "medium ship", "moderate sensitivity zone", "new 14 ship", "small ship" and "toilet"-- 15 omit. 16 (2) Schedule-- 17 insert-- 18 ` "culpable person", for part 7, see section 45. 19 "declared ship", for part 7, see section 45. 20 "length overall", of a ship, see section 7A. 21 "sewage holding device", for part 7, see section 45. 22 "sewage quality characteristics" means any of the following-- 23 (a) faecal coliforms; 24 (b) suspended solids; 25 (c) biochemical oxygen demand; 26 (d) dissolved oxygen; 27 (e) total nitrogen; 28
s 41 29 s 42 Transport Legislation Amendment Bill 2002 (f) total phosphorus; 1 (g) total residual chlorine; 2 (h) viruses; 3 (i) another thing prescribed under a regulation. 4 "toilet" includes urinal. 5 "treated sewage" means sewage that has been treated in a treatment 6 system so that the levels of sewage quality characteristics in the 7 sewage are reduced to not more than the levels prescribed under a 8 regulation. 9 "treatment system" means a system, installed on a ship, for treating 10 sewage that-- 11 (a) is able to reduce the levels of sewage quality characteristics in 12 sewage to not more than the levels for treated sewage; and 13 (b) conforms with the standard prescribed under a regulation. 14 "untreated sewage" means sewage, other than treated sewage.'. 15 (3) Schedule, definition "sewage", after `human'-- 16 insert-- 17 `faecal'. 18 PART 8--AMENDMENT OF TRANSPORT 19 OPERATIONS (MARINE SAFETY) ACT 1994 20 41 Act amended in pt 8 Clause 21 This part amends the Transport Operations (Marine Safety) Act 1994. 22 42 Omission of s 14 (Marine incidents required to be reported under Clause 23 Commonwealth Navigation Act) 24 Section 14-- 25 omit. 26
s 43 30 s 46 Transport Legislation Amendment Bill 2002 43 Insertion of new s 107A Clause 1 Part 9-- 2 insert-- 3 `107A Damage to an aid to navigation 4 `(1) This section applies if a ship damages or destroys an aid to 5 navigation. 6 `(2) The master and the owner of the ship are jointly and severally liable 7 for the expense of repairing or reinstating the aid to navigation. 8 `(3) The amount of the expense may be recovered as a debt by the State 9 by action in a court of competent jurisdiction from the master and the 10 owner of the ship.'. 11 PART 9--AMENDMENT OF TRANSPORT 12 OPERATIONS (PASSENGER TRANSPORT) ACT 1994 13 44 Act amended in pt 9 Clause 14 This part amends the Transport Operations (Passenger Transport) Act 15 1994. 16 45 Omission of s 38A (What are temporary service contracts) Clause 17 Section 38A-- 18 omit. 19 46 Amendment of s 38B (Chief executive may enter into service Clause 20 contracts) 21 Section 38B(2)-- 22 omit. 23
s 47 31 s 49 Transport Legislation Amendment Bill 2002 47 Amendment of s 41 (Other matters to be included in service Clause 1 contracts) 2 (1) Section 41(1)-- 3 insert-- 4 `(ca) establish principles for fare collection; and'. 5 (2) Section 41(1)-- 6 insert-- 7 `(ea) require the holder to charge fares decided by the chief executive; 8 and'. 9 48 Amendment of s 44 (Term of service contracts) Clause 10 (1) Section 44(1), `5'-- 11 omit, insert-- 12 `not more than 7'. 13 (2) Section 44(2)-- 14 omit. 15 (3) Section 44(3), `section 47'-- 16 omit, insert-- 17 `sections 47 and 47A'. 18 (4) Section 44(3), as amended-- 19 renumber as section 44(2). 20 49 Amendment of s 45 (Conditions of service contracts) Clause 21 Section 45-- 22 insert-- 23 `(2) A service contract may provide for payment, by the holder, of an 24 amount to the chief executive for a breach of a key performance indicator. 25 `(3) The payment can not be more than the equivalent of 4 penalty units. 26 `(4) The payment is payable on demand by the chief executive and may 27 be recovered as a debt payable to the chief executive. 28
s 50 32 s 51 Transport Legislation Amendment Bill 2002 `(5) This section does not limit section 47 or the chief executive's right to 1 damages for a breach of service contract, including damages arising out of 2 a breach of a key performance indicator. 3 `(6) In this section-- 4 "key performance indicator", for a service contract, means a term of the 5 service contract identified in the contract as a key performance 6 indicator.'. 7 50 Amendment of s 46 (Review of holder's performance) Clause 8 Section 46(2), `other than' to `a temporary service contract'-- 9 omit, insert-- 10 `other than an emergency service contract'. 11 51 Amendment of s 47 (Breach of service contracts) Clause 12 (1) Section 47, heading-- 13 omit, insert-- 14 `47 Amendment, suspension or cancellation of service contracts for 15 breach of service contracts'. 16 (2) Section 47(1), `if the holder contravenes a condition of the 17 contract.'-- 18 omit, insert-- 19 `if-- 20 (a) the holder contravenes a condition of the contract; or 21 (b) the chief executive reasonably believes a contravention of the 22 contract by the holder is imminent.'. 23 (3) Section 47-- 24 insert-- 25 `(3) The chief executive may, by notice given to a holder, immediately 26 amend, suspend or cancel the holder's service contract if the chief 27 executive reasonably believes that the holder is unable to provide any or all 28 of the services required under the contract. 29
s 52 33 s 52 Transport Legislation Amendment Bill 2002 `(4) A holder may claim compensation from the State if the holder incurs 1 a cost, damage or loss because of the amendment, suspension or 2 cancellation of the holder's service contract under subsection (3). 3 `(5) Compensation or costs that may be recovered under subsection (4) 4 may be claimed and ordered in a proceeding brought in a court having 5 jurisdiction for the recovery of a debt in the amount claimed. 6 `(6) A court may order the payment of compensation only if it is 7 satisfied-- 8 (a) there were no reasonable grounds for believing that the holder 9 was unable to provide any or all of the services required under 10 the contract; and 11 (b) it is just to make the order in the circumstances of the particular 12 case. 13 `(7) A regulation may prescribe matters that may, or must, be taken into 14 account by the court when considering whether it is just to order 15 compensation. 16 `(8) Subsection (4) has effect to the exclusion of any other remedy. 17 `(9) The amendment, suspension or cancellation of a service contract 18 under this section is declared to be an excluded matter for the Corporations 19 Act, section 5F in relation to the Corporations Act, section 440C.3'. 20 52 Insertion of new s 47A Clause 21 After section 47-- 22 insert-- 23 `47A Renewal of service contracts 24 `(1) Despite section 44(1), a service contract, other than an emergency 25 service contract, may contain a provision giving the holder of the contract 26 the option of renewing the contract for 1 further term only. 27 `(2) However, the option for renewal may not be exercised if the chief 28 executive has given the holder a notice under subsection (3). 29 3 Corporations Act, section 440C (Owner or lessor cannot recover property used by company)
s 53 34 s 53 Transport Legislation Amendment Bill 2002 `(3) The chief executive may, for this section, decide that the holder's 1 performance under the contract has been unsatisfactory and give the holder 2 written notice of the decision and the reasons for it. 3 `(4) This section does not limit section 62.'. 4 53 Insertion of new ch 6, pt 1, div 4 Clause 5 After section 48-- 6 insert-- 7 `Division 4--Emergency service contracts 8 `48A Chief executive may enter into emergency service contract 9 `The chief executive may enter into a service contract if the chief 10 executive is satisfied the contract is necessary as a matter of urgency-- 11 (a) to establish a public passenger service; or 12 (b) to ensure the continuity of a public passenger service; or 13 (c) to provide a public passenger service in an interim period while 14 another service contract for the service is being offered or 15 negotiated. 16 `48B Entering into an emergency service contract 17 `(1) The chief executive may-- 18 (a) invite offers from the public or operators, in whatever way the 19 chief executive considers appropriate, for an emergency service 20 contract; and 21 (b) decide the period within which offers must be made. 22 `(2) Despite subsection (1), the chief executive may enter into an 23 emergency service contract without inviting offers for the contract if 24 satisfied the contract is necessary to ensure the continuity of a public 25 passenger service. 26 `48C Term of emergency service contract 27 `(1) An emergency service contract is, despite section 44(1), for the term 28 of not more than 2 years decided by the chief executive. 29
s 54 35 s 57 Transport Legislation Amendment Bill 2002 `(2) However, if the chief executive has entered into an emergency 1 service contract without inviting offers for the contract, the contract can not 2 be for a term of more than 6 months.'. 3 54 Omission of s 50 (Commercial and government funded service Clause 4 contracts) 5 Section 50-- 6 omit. 7 55 Amendment of s 54 (Special condition for commercial service Clause 8 contracts for restricted school services) 9 Section 54, `commercial'-- 10 omit. 11 56 Amendment of s 62 (Offer of new service contract) Clause 12 Section 62(3)-- 13 omit, insert-- 14 `(3) This section does not apply in relation to an existing contract-- 15 (a) that is-- 16 (i) an emergency service contract; or 17 (ii) a prescribed school service contract; or 18 (iii) a service contract in relation to which an option to renew 19 may be exercised; or 20 (b) that states that this section does not apply to it.'. 21 57 Amendment of s 62AC (Entitlement of satisfactorily performing Clause 22 existing operator under a service contract) 23 Section 62AC(5)-- 24 omit, insert-- 25 `(5) This section does not apply in relation to a contract-- 26
s 58 36 s 61 Transport Legislation Amendment Bill 2002 (a) that is an emergency service contract; or 1 (b) that states that this section does not apply to it.'. 2 58 Amendment of s 62AD (First opportunity to offer may be given to Clause 3 existing operator of school services under a service contract or 4 transitional provision) 5 (1) Section 62AD(4)-- 6 renumber as section 62AD(5). 7 (2) Section 62AD-- 8 insert-- 9 `(4) This section does not apply in relation to an emergency service 10 contract.'. 11 59 Omission of ch 6, pt 2, div 3 (Entering into temporary service Clause 12 contracts to ensure continuity of existing service) 13 Chapter 6, part 2, division 3-- 14 omit. 15 60 Replacement of ch 13, pt 1 Clause 16 Chapter 13, part 1-- 17 omit, insert-- 18 `PART 1--TRANSITIONAL PROVISION FOR 19 TRANSPORT LEGISLATION AMENDMENT ACT 2002 20 `156 Continuation of temporary service contracts 21 `A temporary service contract entered into under this Act as in force 22 immediately before the commencement of this section continues for its 23 term as a service contract under this Act unless it is sooner cancelled or 24 terminated under this Act.'. 25 61 Amendment of sch 2 (Reviewable decisions) Clause 26 Schedule 2, entry for section 47(1)-- 27
s 62 37 s 64 Transport Legislation Amendment Bill 2002 omit, insert-- 1 `47(1) or (3)Amendment, suspension or cancellation of District or a service contract Magistrates 47A(3) Contract holder's performance has been Magistrates'. unsatisfactory 62 Amendment of sch 3 (Dictionary) Clause 2 (1) Schedule 3, definitions "commercial service contract", 3 "government funded service contract" and "temporary service 4 contract"-- 5 omit. 6 (2) Schedule 3-- 7 insert-- 8 ` "emergency service contract" means a contract entered into under 9 section 48A. 10 "reasonably believes" means believes on reasonable grounds.'. 11 PART 10--AMENDMENT OF TRANSPORT PLANNING 12 AND COORDINATION ACT 1984 13 63 Act amended in pt 10 Clause 14 This part amends the Transport Planning and Coordination Act 1994. 15 64 Insertion of new s 10A Clause 16 After section 10-- 17 insert-- 18
s 65 38 s 66 Transport Legislation Amendment Bill 2002 `10A SEQTA is excluded matter for Corporations Act 1 `SEQTA is declared to be an excluded matter for the Corporations Act, 2 section 5F in relation to the Corporations Act, parts 5.7 and 5.7B.4'. 3 65 Insertion of new s 16A Clause 4 After section 16-- 5 insert-- 6 `16A SEQTA board is excluded matter for Corporations Act 7 `The SEQTA board is declared to be an excluded matter for the 8 Corporations Act, section 5F in relation to the Corporations Act, parts 5.7 9 and 5.7B.'. 10 PART 11--REPEALS 11 66 Repeal of legislation Clause 12 The following legislation is repealed-- 13 · Central Queensland Coal Associates (Variation of Agreement) 14 Order 19925 15 · Central Queensland Coal Associates Agreement Regulation 1995 16 SL No. 245 17 · Central Queensland Coal Associates Agreement Regulation 1997 18 SL No. 117. 19 4 Corporations Act, parts 5.7 (Winding up bodies other than companies) and 5.7B (Recovering property or compensation for the benefit of creditors of insolvent company) 5 pubd gaz 15 May 1992 pp 427-35
39 Transport Legislation Amendment Bill 2002 1 © State of Queensland 2002
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