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TRANSPORT OPERATIONS (PASSENGER TRANSPORT) AND OTHER LEGISLATION AMENDMENT BILL 2012

          Queensland



Transport Operations
(Passenger Transport) and
Other Legislation Amendment
Bill 2012

 


 

 

Queensland Transport Operations (Passenger Transport) and Other Legislation Amendment Bill 2012 Contents Page Part 1 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Part 2 Amendment of Transport Operations (Passenger Transport) Act 1994 3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4 Amendment of s 6 (Contents of passenger transport strategies). 7 5 Amendment of s 43 (Obligation to hold service contracts) . . . . . . 7 6 Amendment of s 48C (Term of emergency service contract) . . . . 7 7 Amendment of s 52 (Approval of basis for funding or other financial assistance by State) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 8 Insertion of new s 62AAA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 62AAA What is the integrated mass transit area . . . . . . . . . . 8 9 Amendment of s 62AAC (What is a TransLink service contract) . 8 10 Amendment of s 62AAG (Service contract for amended service contract area or route) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 11 Omission of ch 6, pt 4, div 1 (Special events in TransLink area) . 9 12 Omission of ch 6, pt 4, div 2, hdg (Special events in non-TransLink area) ........................................ 9 13 Insertion of new s 67B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 67B Definition for pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 14 Amendment and renumbering of s 67F (Declaration of special event) 10 15 Amendment and renumbering of s 67G (Coordination power for scheduled passenger services to special events) . . . . . . . . . . . . 10 16 Amendment and renumbering of s 67H (Chief executive's approval required for special event services) . . . . . . . . . . . . . . . . . . . . . . . 11

 


 

Transport Operations (Passenger Transport) and Other Legislation Amendment Bill 2012 Contents 17 Amendment and renumbering of s 67I (Special event approvals) 11 18 Insertion of new s 74AC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 74AC Fitting or using taximeter prohibited . . . . . . . . . . . . . . 12 19 Amendment of s 129E (Period of detention) . . . . . . . . . . . . . . . . 12 20 Replacement of s 129G (Written report to be given to police officer) 13 129G Written report to be given to police officer . . . . . . . . . 13 21 Amendment of s 129I (Requirements for written report given under this division) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 22 Amendment of s 129L (Responsible person to be notified of detention) .................................. 14 23 Amendment of s 129ZL (Application for a civil banning order). . . 14 24 Amendment of s 129ZO (Making a civil banning order) . . . . . . . . 15 25 Amendment of s 129ZS (Orders must be explained) . . . . . . . . . . 15 26 Omission of s 129ZT (Civil banning order to be given to interested persons) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 27 Amendment of s 143AHB (Power to require person to leave or not enter public transport infrastructure if person contravening exclusion order) ........................................ 16 28 Insertion of new ch 13, pt 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Part 13 Transitional and declaratory provisions for Transport Operations (Passenger Transport) and Other Legislation Amendment Act 2012 193 Definitions for pt 13. . . . . . . . . . . . . . . . . . . . . . . . . . . 17 194 Declaratory provision for s 62AAG(6). . . . . . . . . . . . . 18 29 Insertion of new ss 195 to 202 . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 195 Novation of TransLink contracts to the State . . . . . . . 18 196 Existing service contracts not affected . . . . . . . . . . . . 19 197 Transfer of TransLink assets and liabilities to the State 19 198 Successor in law . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 199 Registration of transferred assets. . . . . . . . . . . . . . . . 20 200 References to former body known as TransLink . . . . 20 201 Preservation of rights of employees . . . . . . . . . . . . . . 21 202 Special event declarations . . . . . . . . . . . . . . . . . . . . . 21 30 Insertion of new sch 1B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Schedule 1B Integrated mass transit area 31 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 23 Part 3 Repeal 32 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Page 2

 


 

Transport Operations (Passenger Transport) and Other Legislation Amendment Bill 2012 Contents Part 4 Minor and consequential amendments 33 Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Schedule Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Integrity Act 2009 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Public Service Act 2008 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Transport Infrastructure Act 1994 . . . . . . . . . . . . . . . . . . . . . . . . . 27 Transport Operations (Passenger Transport) Act 1994 . . . . . . . . 28 Transport Operations (Road Use Management) Act 1995 . . . . . . 30 Transport Planning and Coordination Act 1994 . . . . . . . . . . . . . . 30 Page 3

 


 

 

2012 A Bill for An Act to repeal the Transport Operations (TransLink Transit Authority) Act 2008, to amend the Transport Operations (Passenger Transport) Act 1994 and to make consequential or minor amendments of other Acts mentioned in the schedule, for particular purposes

 


 

Transport Operations (Passenger Transport) and Other Legislation Amendment Bill 2012 Part 1 Preliminary [s 1] The Parliament of Queensland enacts-- 1 Part 1 Preliminary 2 Clause 1 Short title 3 This Act may be cited as the Transport Operations (Passenger 4 Transport) and Other Legislation Amendment Act 2012. 5 Clause 2 Commencement 6 The following provisions commence on a day to be fixed by 7 proclamation-- 8 (a) sections 4, 5, 7 to 9, 11 to 17, 29, 30 and 31(2) and (4); 9 (b) parts 3 and 4; 10 (c) schedule. 11 Part 2 Amendment of Transport 12 Operations (Passenger 13 Transport) Act 1994 14 Clause 3 Act amended 15 This part amends the Transport Operations (Passenger 16 Transport) Act 1994. 17 Note-- 18 See also the amendments in the schedule. 19 Page 6

 


 

Transport Operations (Passenger Transport) and Other Legislation Amendment Bill 2012 Part 2 Amendment of Transport Operations (Passenger Transport) Act 1994 [s 4] Clause 4 Amendment of s 6 (Contents of passenger transport 1 strategies) 2 Section 6(4)-- 3 omit, insert-- 4 `(4) If there is an integrated regional transport plan under the 5 Transport Planning and Coordination Act 1994 for an area, 6 the passenger transport strategies for the area must not be 7 inconsistent with, and must give effect to, the plan.'. 8 Clause 5 Amendment of s 43 (Obligation to hold service contracts) 9 (1) Section 43(1)(a) and (b)-- 10 omit, insert-- 11 `(a) a service contract; or 12 (b) a written agreement with the chief executive; or 13 (c) with the chief executive's approval, a written agreement 14 with the holder of a service contract.'. 15 (2) Section 43(1), penalty, paragraph (b), `TransLink area'-- 16 omit, insert-- 17 `integrated mass transit area'. 18 (3) Section 43(2), words before paragraph (a)-- 19 omit, insert-- 20 `For a service contract area or route that is not in the 21 integrated mass transit area, a written agreement with the 22 chief executive mentioned in subsection (1)(b) may be made 23 only if--'. 24 Clause 6 Amendment of s 48C (Term of emergency service 25 contract) 26 Section 48C(2), `6 months'-- 27 omit, insert-- 28 `12 months'. 29 Page 7

 


 

Transport Operations (Passenger Transport) and Other Legislation Amendment Bill 2012 Part 2 Amendment of Transport Operations (Passenger Transport) Act 1994 [s 7] Clause 7 Amendment of s 52 (Approval of basis for funding or 1 other financial assistance by State) 2 Section 52(3)(a), `, other than a service contract for the 3 TransLink area,'-- 4 omit. 5 Clause 8 Insertion of new s 62AAA 6 Chapter 6, part 2, division 2AA, before section 62AAB-- 7 insert-- 8 `62AAA What is the integrated mass transit area 9 `(1) The integrated mass transit area is-- 10 (a) the service contract areas or routes mentioned in 11 schedule 1B; and 12 (b) another service contract area or route in the SEQ area, as 13 prescribed under a regulation. 14 `(2) In this section-- 15 SEQ area means the combined local government areas of the 16 following local governments under the Local Government Act 17 1993 as that Act was in force immediately before 15 March 18 2008-- 19 (a) the cities of Brisbane, Caloundra, Gold Coast, Ipswich, 20 Logan, Redcliffe and Toowoomba; 21 (b) the shires of Beaudesert, Boonah, Caboolture, Esk, 22 Gatton, Kilcoy, Laidley, Maroochy, Noosa, Pine Rivers 23 and Redland.'. 24 Clause 9 Amendment of s 62AAC (What is a TransLink service 25 contract) 26 (1) Section 62AAC, heading, `a TransLink service contract'-- 27 omit, insert-- 28 `an integrated mass transit service contract'. 29 Page 8

 


 

Transport Operations (Passenger Transport) and Other Legislation Amendment Bill 2012 Part 2 Amendment of Transport Operations (Passenger Transport) Act 1994 [s 10] (2) Section 62AAC(1), words before paragraph (a)-- 1 omit, insert-- 2 `An integrated mass transit service contract is a service 3 contract for a general route service in the integrated mass 4 transit area, under which contract'. 5 (3) Section 62AAC(2), `A TransLink'-- 6 omit, insert-- 7 `An integrated mass transit'. 8 Clause 10 Amendment of s 62AAG (Service contract for amended 9 service contract area or route) 10 Section 62AAG(6), definition specified kind, `42A'-- 11 omit, insert-- 12 `42'. 13 Clause 11 Omission of ch 6, pt 4, div 1 (Special events in TransLink 14 area) 15 Chapter 6, part 4, division 1-- 16 omit. 17 Clause 12 Omission of ch 6, pt 4, div 2, hdg (Special events in 18 non-TransLink area) 19 Chapter 6, part 4, division 2, heading-- 20 omit. 21 Clause 13 Insertion of new s 67B 22 Chapter 6, part 4-- 23 insert-- 24 `67B Definition for pt 4 25 `In this part-- 26 Page 9

 


 

Transport Operations (Passenger Transport) and Other Legislation Amendment Bill 2012 Part 2 Amendment of Transport Operations (Passenger Transport) Act 1994 [s 14] non-integrated mass transit area means an area other than 1 the integrated mass transit area.'. 2 Clause 14 Amendment and renumbering of s 67F (Declaration of 3 special event) 4 (1) Section 67F(1), `in a non-TransLink area'-- 5 omit. 6 (2) Section 67F(4), from `generally'-- 7 omit, insert-- 8 `generally-- 9 (a) if the event or events the subject of the declaration are to 10 be carried out in the integrated mass transit area--in the 11 integrated mass transit area; or 12 (b) otherwise--in the non-integrated mass transit area.'. 13 (3) Section 67F(5), `circulating in the non-TransLink area.'-- 14 omit, insert-- 15 `circulating-- 16 (a) if the event or events the subject of the declaration are to 17 be carried out in the integrated mass transit area--in the 18 integrated mass transit area; or 19 (b) otherwise--in the non-integrated mass transit area.'. 20 (4) Section 67F-- 21 renumber as section 67C. 22 Clause 15 Amendment and renumbering of s 67G (Coordination 23 power for scheduled passenger services to special 24 events) 25 (1) Section 67G, `in a non-TransLink area'-- 26 omit. 27 (2) Section 67G-- 28 Page 10

 


 

Transport Operations (Passenger Transport) and Other Legislation Amendment Bill 2012 Part 2 Amendment of Transport Operations (Passenger Transport) Act 1994 [s 16] renumber as section 67D. 1 Clause 16 Amendment and renumbering of s 67H (Chief executive's 2 approval required for special event services) 3 (1) Section 67H(1), `in a non-TransLink area'-- 4 omit. 5 (2) Section 67H(1), note-- 6 omit. 7 (3) Section 67H-- 8 renumber as section 67E. 9 Clause 17 Amendment and renumbering of s 67I (Special event 10 approvals) 11 (1) Section 67I(1), `67H(1)'-- 12 omit, insert-- 13 `67E(1)'. 14 (2) Section 67I(2), `circulating in the non-TransLink area.'-- 15 omit, insert-- 16 `circulating-- 17 (a) if a special event the subject of the approval is to be 18 carried out in the integrated mass transit area--in the 19 integrated mass transit area; or 20 (b) otherwise--in the non-integrated mass transit area.'. 21 (3) Section 67I-- 22 renumber as section 67F. 23 Clause 18 Insertion of new s 74AC 24 After section 74AB-- 25 insert-- 26 Page 11

 


 

Transport Operations (Passenger Transport) and Other Legislation Amendment Bill 2012 Part 2 Amendment of Transport Operations (Passenger Transport) Act 1994 [s 19] `74AC Fitting or using taximeter prohibited 1 `(1) The operator of a public passenger service must not equip a 2 vehicle that is used, or intended to be used, to provide the 3 service, other than a taxi, with a taximeter or a similar 4 instrument. 5 Maximum penalty--160 penalty units. 6 `(2) The operator of a public passenger service must not require or 7 allow the driver of a vehicle being used to provide the service, 8 other than a taxi, to use a taximeter or a similar instrument to 9 calculate, during or after a journey, the amount of the fare for 10 hiring the vehicle for the journey. 11 Maximum penalty--160 penalty units. 12 `(3) This section does not apply to the operator of a cross-border 13 taxi service. 14 `(4) In this section-- 15 hiring a vehicle, for a journey, includes hiring a vehicle for 16 the journey, hiring a driver for the journey or hiring both a 17 vehicle and a driver for the journey. 18 similar instrument means an instrument designed to calculate 19 the amount of a fare for hiring a vehicle for a journey during 20 or after the journey by reference to the time or distance 21 travelled or another matter relating to the journey.'. 22 Clause 19 Amendment of s 129E (Period of detention) 23 (1) Section 129E(1), `to arrange for the delivery of the person to a 24 police officer'-- 25 omit, insert-- 26 `in relation to the detention of the person'. 27 (2) Section 129E(2)-- 28 omit. 29 (3) Section 129E(4), `or (3)'-- 30 omit. 31 Page 12

 


 

Transport Operations (Passenger Transport) and Other Legislation Amendment Bill 2012 Part 2 Amendment of Transport Operations (Passenger Transport) Act 1994 [s 20] (4) Section 129E(4), examples, `(4)'-- 1 omit, insert-- 2 `(3)'. 3 (5) Section 129E(3) to (5)-- 4 renumber as section 129E(2) to (4). 5 Clause 20 Replacement of s 129G (Written report to be given to 6 police officer) 7 Section 129G-- 8 omit, insert-- 9 `129G Written report to be given to police officer 10 `(1) This section applies if a police officer takes a person detained 11 by a transit officer under this part into the police officer's 12 custody. 13 `(2) The transit officer must give a written report for the detention 14 to the police officer when, or immediately after, the police 15 officer takes the person into the police officer's custody.'. 16 Clause 21 Amendment of s 129I (Requirements for written report 17 given under this division) 18 (1) Section 129I(2)(j)-- 19 omit, insert-- 20 `(j) if the detained person is detained until a police officer 21 arrives to deal with the person under section 129E-- 22 (i) the name and rank of the police officer; and 23 (ii) when the police officer arrived to deal with the 24 detained person; and 25 (iii) if the police officer took the detained person into 26 the police officer's custody--when the police 27 officer took the detained person into the police 28 officer's custody;'. 29 Page 13

 


 

Transport Operations (Passenger Transport) and Other Legislation Amendment Bill 2012 Part 2 Amendment of Transport Operations (Passenger Transport) Act 1994 [s 22] (2) Section 129I(2)(k)(ii), `and'-- 1 omit. 2 Clause 22 Amendment of s 129L (Responsible person to be notified 3 of detention) 4 (1) Section 129L(1)(a)-- 5 omit, insert-- 6 `(a) under this part, a transit officer is detaining a person at a 7 place until a police officer arrives; and 8 (aa) the detained person is a child or a person with impaired 9 capacity; and'. 10 (2) Section 129L(1)(aa) and (b)-- 11 renumber as 129L(1)(b) and (c). 12 (3) Section 129L(2)-- 13 omit, insert-- 14 `(2) The transit officer must, as soon as practicable, advise the 15 responsible person for the child or person of the detention and 16 the place where the child or person is being detained.'. 17 Clause 23 Amendment of s 129ZL (Application for a civil banning 18 order) 19 (1) Section 129ZL(1)(c), after `or (2)'-- 20 insert-- 21 `(a) to (f)'. 22 (2) Section 129ZL-- 23 insert-- 24 `(1A) The application must state that, if the respondent would like 25 the court hearing the application to consider a matter 26 mentioned in section 129ZO(2)(g) to (i), the respondent must 27 provide information about the matter to the court.'. 28 Page 14

 


 

Transport Operations (Passenger Transport) and Other Legislation Amendment Bill 2012 Part 2 Amendment of Transport Operations (Passenger Transport) Act 1994 [s 24] (3) Section 129ZL(1A) to (3)-- 1 renumber as 129ZL(2) to (4). 2 Clause 24 Amendment of s 129ZO (Making a civil banning order) 3 (1) Section 129ZO, `, part 3'-- 4 omit. 5 (2) Section 129ZO(1)(a)-- 6 omit, insert-- 7 `(a) either-- 8 (i) within 12 months before the date of the application 9 for the civil banning order, the respondent 10 committed a relevant act of violence; or 11 (ii) within any 12-month period occurring in the 2 12 years before the date of the application for the civil 13 banning order, the respondent was served 10 or 14 more infringement notices for a relevant offence or 15 relevant offences; and'. 16 (3) Section 129ZO(7), definition dealt with, paragraph (d)-- 17 omit, insert-- 18 `(d) an order has been made against the respondent for the 19 relevant offence under section 38 of that Act.'. 20 Clause 25 Amendment of s 129ZS (Orders must be explained) 21 (1) Section 129ZS, heading, after `must be'-- 22 insert-- 23 `served and'. 24 (2) Section 129ZS, before subsection (1)-- 25 insert-- 26 `(1A) If a court makes a civil banning order or interim civil banning 27 order for a respondent, the order must be served on the 28 respondent.'. 29 Page 15

 


 

Transport Operations (Passenger Transport) and Other Legislation Amendment Bill 2012 Part 2 Amendment of Transport Operations (Passenger Transport) Act 1994 [s 26] (3) Section 129ZS(1), `(2)'-- 1 omit, insert-- 2 `(3)'. 3 (4) Section 129ZS(1) and (3), after `a respondent'-- 4 insert-- 5 `or a legal or other representative of the respondent'. 6 (5) Section 129ZS(3), `(4)'-- 7 omit, insert-- 8 `(5)'. 9 (6) Section 129ZS(5), `(2) or (4)'-- 10 omit, insert-- 11 `(3) or (5)'. 12 (7) Section 129ZS(1A) to (6)-- 13 renumber as section 129ZS(1) to (7). 14 Clause 26 Omission of s 129ZT (Civil banning order to be given to 15 interested persons) 16 Section 129ZT-- 17 omit. 18 Clause 27 Amendment of s 143AHB (Power to require person to 19 leave or not enter public transport infrastructure if 20 person contravening exclusion order) 21 (1) Section 143AHB, heading, `exclusion'-- 22 omit. 23 (2) Section 143AHB(1), after `an exclusion order'-- 24 insert-- 25 `or a civil banning order'. 26 (3) Section 143AHB(3), from `mentioned in'-- 27 Page 16

 


 

Transport Operations (Passenger Transport) and Other Legislation Amendment Bill 2012 Part 2 Amendment of Transport Operations (Passenger Transport) Act 1994 [s 28] omit, insert-- 1 `for contravening the order.'. 2 (4) Section 143AHB-- 3 insert-- 4 `(4) For subsection (3), a person has a reasonable excuse for 5 contravening the order if-- 6 (a) for an exclusion order--the person has a reasonable 7 excuse mentioned in section 129ZG(2); or 8 (b) for a civil banning order--the person has a reasonable 9 excuse mentioned in section 129ZZ(2).'. 10 Clause 28 Insertion of new ch 13, pt 13 11 Chapter 13-- 12 insert-- 13 `Part 13 Transitional and declaratory 14 provisions for Transport 15 Operations (Passenger 16 Transport) and Other 17 Legislation Amendment Act 18 2012 19 `193 Definitions for pt 13 20 `In this part-- 21 repealed Act means the Transport Operations (TransLink 22 Transit Authority) Act 2008. 23 transfer day means the day on which the Transport 24 Operations (Passenger Transport) and Other Legislation 25 Amendment Act 2012, section 32 commences. 26 TransLink means either of the following entities established 27 under the repealed Act-- 28 Page 17

 


 

Transport Operations (Passenger Transport) and Other Legislation Amendment Bill 2012 Part 2 Amendment of Transport Operations (Passenger Transport) Act 1994 [s 29] (a) the TransLink Transit Authority; 1 (b) the TransLink Transit Authority Employing Office. 2 `194 Declaratory provision for s 62AAG(6) 3 `It is declared that section 62AAG(6), definition specified 4 kind, as inserted in this Act by the Transport Operations 5 (TransLink Transit Authority) Act 2008, section 93, is taken 6 always to have referred to section 42.'. 7 Clause 29 Insertion of new ss 195 to 202 8 After section 194-- 9 insert-- 10 `195 Novation of TransLink contracts to the State 11 `(1) This section applies to a contract-- 12 (a) to which, immediately before the transfer day, 13 TransLink is a party; and 14 (b) that is not a service contract, work performance 15 arrangement or contract of employment. 16 `(2) The following apply despite any provision of the contract-- 17 (a) the State is taken to be a party to the contract instead of 18 TransLink; 19 (b) the State assumes TransLink's liabilities and rights 20 under the contract; 21 (c) a reference in the contract to TransLink is taken to be a 22 reference to the State; 23 (d) changes to the contract that are necessary for, or 24 incidental to, the matters in paragraphs (a) to (c) are 25 taken to have been made. 26 `(3) Subsection (2), or any thing done under it, does not-- 27 (a) discharge or otherwise affect the contract or the 28 performance of the contract by another party to it; or 29 Page 18

 


 

Transport Operations (Passenger Transport) and Other Legislation Amendment Bill 2012 Part 2 Amendment of Transport Operations (Passenger Transport) Act 1994 [s 29] (b) fulfil a condition allowing a person to terminate the 1 contract or be released, wholly or partly, from the 2 contract or a liability under it. 3 `(4) If the advice or consent of, or giving notice to, a person would 4 be necessary to give effect to any matter under subsection 5 (2)-- 6 (a) the advice is taken to have been obtained; and 7 (b) the consent or notice is taken to have been given. 8 `(5) In this section-- 9 contract includes a deed or other instrument, whether or not 10 for consideration. 11 `196 Existing service contracts not affected 12 `(1) To remove any doubt, it is declared that, subject to subsection 13 (2), the repeal of the repealed Act does not, of itself, alter or in 14 any way affect a service contract. 15 `(2) A service contract that, immediately before the transfer day, 16 was a TransLink service contract is taken to be an integrated 17 mass transit service contract. 18 `(3) In this section-- 19 TransLink service contract see section 62AAC as in force 20 immediately before the transfer day. 21 `197 Transfer of TransLink assets and liabilities to the State 22 `(1) At the beginning of the day on the transfer day-- 23 (a) TransLink is divested of all TransLink assets and 24 released from all TransLink liabilities; and 25 (b) TransLink assets become the assets of the State; and 26 (c) TransLink liabilities are assumed by the State. 27 `(2) This section does not limit or otherwise affect section 28 195(2)(b). 29 Page 19

 


 

Transport Operations (Passenger Transport) and Other Legislation Amendment Bill 2012 Part 2 Amendment of Transport Operations (Passenger Transport) Act 1994 [s 29] `(3) In this section-- 1 TransLink asset means an asset that, immediately before the 2 transfer day, is an asset of TransLink. 3 TransLink liability means a liability that, immediately before 4 the transfer day, is a liability of TransLink. 5 `198 Successor in law 6 `(1) The State is the successor in law of TransLink. 7 `(2) Without limiting subsection (1), proceedings by or against 8 TransLink, or that could have been started by or against 9 TransLink before the transfer day, may be continued or started 10 by or against the State. 11 `199 Registration of transferred assets 12 `(1) This section applies to the registrar of titles or other person 13 responsible for keeping a register for dealings about an asset 14 that, under section 197(1)(b), becomes an asset of the State. 15 `(2) The registrar or person must, if asked by the State in the 16 appropriate form, and on payment of any fee, record a transfer 17 of the asset to the State. 18 `(3) In this section-- 19 registrar of titles means a public official or authority 20 responsible for registering title to land and dealings affecting 21 land. 22 `200 References to former body known as TransLink 23 `(1) A reference in a document to TransLink is, if the context 24 permits, taken to be a reference to the State. 25 `(2) This section does not apply to an industrial instrument. 26 Page 20

 


 

Transport Operations (Passenger Transport) and Other Legislation Amendment Bill 2012 Part 2 Amendment of Transport Operations (Passenger Transport) Act 1994 [s 30] `201 Preservation of rights of employees 1 `(1) An employee of TransLink, other than the chief executive 2 officer of TransLink, is transferred to the department. 3 `(2) On the transfer mentioned in subsection (1)-- 4 (a) the employee retains and is entitled to all rights that 5 have accrued to the employee because of the person's 6 employment with TransLink; and 7 (b) the employee's service as an employee of TransLink is 8 taken to be service of a like nature in the public service 9 for deciding the employee's rights as a public service 10 employee; and 11 (c) the employee's continuity of service is not broken. 12 `202 Special event declarations 13 `(1) A special event declaration made under the previous 14 declaration provisions and in effect immediately before the 15 transfer day has effect from the transfer day as if it were a 16 declaration made under section 67C. 17 `(2) A written approval given under the previous approval 18 provisions and in effect before the transfer day has effect from 19 the transfer day as if it were the chief executive's written 20 approval given under section 67E. 21 `(3) In this section-- 22 previous approval provisions means sections 67D and 67H as 23 in force before the transfer day. 24 previous declaration provisions means sections 67B and 67F 25 as in force before the transfer day.'. 26 Clause 30 Insertion of new sch 1B 27 After schedule 1A-- 28 insert-- 29 Page 21

 


 

Transport Operations (Passenger Transport) and Other Legislation Amendment Bill 2012 Part 2 Amendment of Transport Operations (Passenger Transport) Act 1994 [s 30] `Schedule 1B Integrated mass transit area 1 section 62AAA 2 · Arana Hills, Albany Creek and Dayboro-Petrie service 3 contract area/route 4 · Bribie Island and Bribie Island-Caboolture service 5 contract area/route 6 · Brisbane service contract area/route 7 · Burbank/McKenzie service contract area/route 8 · Caboolture service contract area/route 9 · Camira/Springfield and Wacol Railway Station to Inala 10 Plaza via Carole Park, Ellengrove, Forest Lake and 11 Doolandalla service contract area/route 12 · Cleveland/Redland Bay service contract area/route 13 · Dakabin/Mango Hill (North Lakes) service contract area 14 · Deception Bay/Narangba service contract area/route 15 · Gold Coast service contract area 16 · Gold Coast-Coomera service contract area 17 · Ipswich/Goodna service contract area 18 · Logan service contract area 19 · Park Ridge and Beaudesert-Brisbane service contract 20 area/route 21 · Ormeau-Beenleigh service contract route 22 · Redcliffe, Kallangur, Petrie and Redcliffe-Brisbane 23 service contract area/route 24 · Samford Valley-Ferny Grove service contract route 25 · Strathpine and Murrumba Downs service contract 26 area/route 27 Page 22

 


 

Transport Operations (Passenger Transport) and Other Legislation Amendment Bill 2012 Part 2 Amendment of Transport Operations (Passenger Transport) Act 1994 [s 31] · Sunshine Coast service contract area 1 · Sunshine Coast service contract area no. 2'. 2 Clause 31 Amendment of sch 3 (Dictionary) 3 (1) Schedule 3, definition public transport infrastructure-- 4 omit. 5 (2) Schedule 3, definitions non-TransLink area, special event, 6 TransLink, TransLink area and TransLink service contract-- 7 omit. 8 (3) Schedule 3-- 9 insert-- 10 `cross-border taxi rank means a taxi rank identified, by a sign 11 erected or placed by the chief executive at the taxi rank, as a 12 taxi rank where a NSW taxi can ply or stand for hire by a 13 person intending to make a journey to New South Wales. 14 cross-border taxi service means a taxi service that is 15 provided-- 16 (a) by using a NSW taxi; and 17 (b) for only 1 or more of the following journeys-- 18 (i) a journey that starts in New South Wales and ends 19 in Queensland; 20 (ii) a journey that starts at a cross-border taxi rank and 21 ends in New South Wales and is not pre-booked; 22 (iii) a single passenger journey that starts and ends in 23 New South Wales. 24 Example of a single passenger journey-- 25 A passenger is picked up in Tweed Heads and is taken to 26 Coolangatta. The taxi waits for the passenger at 27 Coolangatta and then takes the passenger to Kirra and 28 waits again before returning the passenger to Tweed 29 Heads. 30 Page 23

 


 

Transport Operations (Passenger Transport) and Other Legislation Amendment Bill 2012 Part 2 Amendment of Transport Operations (Passenger Transport) Act 1994 [s 31] NSW taxi means a motor vehicle licensed as a taxi-cab under 1 the Passenger Transport Act 1990 (NSW), part 4, division 4. 2 public transport infrastructure means any of the following-- 3 (a) a railway; 4 (b) a train or other passenger vehicle being operated by a 5 railway manager or railway operator; 6 (c) a light rail; 7 (d) a light rail vehicle or other public passenger vehicle 8 being operated by a light rail manager, or light rail 9 operator, for a light rail; 10 (e) a bus or other motor vehicle being used for a general 11 route service; 12 (f) a busway as defined under the Transport Infrastructure 13 Act 1994; 14 (g) a ferry being used for a general route service; 15 (h) a station, platform or other structure or place for the 16 taking on and letting off of passengers of a vehicle 17 mentioned in paragraph (b), (d), (e) or (g), including the 18 following-- 19 (i) a railway station or platform; 20 (ii) a light rail station or platform; 21 (iii) facilities for passengers to interchange between the 22 same or different modes of transport; 23 Examples-- 24 · Cannon Hill bus interchange 25 · Roma Street busway/railway interchange 26 (iv) a bus station; 27 (v) a bus stop, including the area in the immediate 28 vicinity of the bus stop; 29 (vi) a jetty or other structure at which a ferry makes a 30 scheduled stop for a ferry service, and any 31 associated structure; 32 Page 24

 


 

Transport Operations (Passenger Transport) and Other Legislation Amendment Bill 2012 Part 2 Amendment of Transport Operations (Passenger Transport) Act 1994 [s 31] (vii) landscaping associated with a station, platform or 1 other structure or place; 2 (i) car parking and set down facilities for intending 3 passengers of a vehicle mentioned in paragraph (b), (d), 4 (e) or (g), including the following-- 5 (i) a car park under the control of a railway manager 6 or railway operator; 7 (ii) a car park under the control of a light rail manager, 8 or light rail operator; 9 (iii) a car park associated with a busway; 10 (j) any other structure or facilities for the use or 11 convenience of passengers of a vehicle mentioned in 12 paragraph (b), (d), (e) or (g). 13 Examples of other structures or facilities-- 14 overhead or underground walkways between railway platforms, 15 footpaths, seating, ticketing machines, public toilets, signage 16 taximeter means an instrument that is designed-- 17 (a) to record fares for individual and multiple hiring of a 18 taxi; and 19 (b) to show the fare for each hiring.'. 20 (4) Schedule 3-- 21 insert-- 22 `integrated mass transit area see section 62AAA. 23 integrated mass transit service contract see section 62AAC. 24 non-integrated mass transit area, for chapter 6, part 4, see 25 section 67B. 26 special event, for chapter 6, part 4, means an event the subject 27 of a declaration under section 67C.'. 28 Page 25

 


 

Transport Operations (Passenger Transport) and Other Legislation Amendment Bill 2012 Part 3 Repeal [s 32] Part 3 Repeal 1 Clause 32 Repeal 2 The Transport Operations (TransLink Transit Authority) Act 3 2008, No. 32 is repealed. 4 Part 4 Minor and consequential 5 amendments 6 Clause 33 Acts amended 7 The schedule amends the Acts it mentions. 8 Page 26

 


 

Transport Operations (Passenger Transport) and Other Legislation Amendment Bill 2012 Schedule Schedule Acts amended 1 section 33 2 Integrity Act 2009 3 1 Schedule 1, entry for the chief executive officer of the 4 TransLink Transit Authority-- 5 omit. 6 Public Service Act 2008 7 1 Schedule 1, entry for the TransLink Transit Authority 8 Employing Office-- 9 omit. 10 Transport Infrastructure Act 1994 11 1 Section 6(4)-- 12 omit, insert-- 13 `(4) If there is an integrated regional transport plan under the 14 Transport Planning and Coordination Act 1994 for an area, 15 the transport infrastructure strategies for the area must not be 16 inconsistent with, and must give effect to, the plan.'. 17 2 Section 20(1), `and any network plan under the Transport 18 Operations (TransLink Transit Authority) Act 2008'-- 19 omit. 20 Page 27

 


 

Transport Operations (Passenger Transport) and Other Legislation Amendment Bill 2012 Schedule Transport Operations (Passenger Transport) Act 1994 1 1 Section 26, editor's note, `Editor's note'-- 2 omit, insert-- 3 `Note'. 4 2 Amendment of various sections 5 Each of the following provisions is amended by omitting `a 6 TransLink service contract' and inserting `an integrated mass 7 transit service contract'-- 8 · section 46(1B) and (7A) 9 · section 51(2) 10 · section 62AACA, heading, (1)(b) and (4) 11 · section 62AAD(1)(a) 12 · section 62AAE(1)(a), (1)(b) and (2) 13 · section 62AAF 14 · section 62AAG(1)(b), (4) and (6) definition affected 15 operator, paragraph (a) 16 · section 62AAH(1)(b) 17 · section 62AAI(1) and (3)(a). 18 3 Amendment of various sections 19 Each of the following provisions is amended by omitting 20 `TransLink service contracts' and inserting `integrated mass 21 transit service contracts'-- 22 · section 54A 23 · section 62AACA(2)(b) 24 · section 62AAD(3) 25 · section 62AAE, heading 26 · section 62AAG(2)(b) 27 Page 28

 


 

Transport Operations (Passenger Transport) and Other Legislation Amendment Bill 2012 Schedule · section 62AAI(2)(a). 1 4 Chapter 6, part 2, division 2AA, heading, `TransLink'-- 2 omit, insert-- 3 `Integrated mass transit'. 4 5 Section 62AAD, heading, `TransLink'-- 5 omit, insert-- 6 `integrated mass transit'. 7 6 Section 62AAD, `new TransLink'-- 8 omit, insert-- 9 `new integrated mass transit'. 10 7 Section 62AAF, heading, `TransLink'-- 11 omit, insert-- 12 `integrated mass transit'. 13 8 Section 62AAI, heading, `TransLink'-- 14 omit, insert-- 15 `integrated mass transit'. 16 9 Section 62AAI, `the TransLink'-- 17 omit, insert-- 18 `the integrated mass transit'. 19 Page 29

 


 

Transport Operations (Passenger Transport) and Other Legislation Amendment Bill 2012 Schedule Transport Operations (Road Use Management) Act 1 1995 2 1 Section 8(4)-- 3 omit, insert-- 4 `(4) If there is an integrated regional transport plan under the 5 Transport Planning and Coordination Act 1994 for an area, a 6 road use management strategy for the area must not be 7 inconsistent with, and must give effect to, the plan.'. 8 Transport Planning and Coordination Act 1994 9 1 Section 3, definition transport Act, `and the Transport 10 Operations (TransLink Transit Authority) Act 2008'-- 11 omit. 12 © State of Queensland 2012 Page 30

 


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