Transport Operations (Road Use Management) (Road Safety) and Other Legislation Amendment Regulation 2019

1Short title

This regulation may be cited as the Transport Operations (Road Use Management) (Road Safety) and Other Legislation Amendment Regulation 2019.

2Commencement

Parts 2 and 3 commence on 1 February 2020.

3Regulation amended

This part amends the State Penalties Enforcement Regulation 2014.

4Amendment of sch 1 (Infringement notice offences and fines for nominated laws)

(1)Schedule 1, entry for Transport Operations (Road Use Management—Driver Licensing) Regulation 2010, entry for section 68(2)—
omit, insert—

s 68(2)

71/2

(2)Schedule 1, entry for Transport Operations (Road Use Management—Road Rules) Regulation 2009, entry for section 300(1)—
omit, insert—

s 300(1)

71/2

5Regulation amended

This part amends the Transport Operations (Road Use Management—Driver Licensing) Regulation 2010.

6Amendment of s 78A (Additional demerit points for mobile phone offences)

Section 78A(2), ‘3’—
omit, insert—

4

7Amendment of sch 3 (Demerit points)

(1)Schedule 3, after section 3C—
insert—

3DParticular licence holders using mobile phones

The number of points for a contravention of section 68(2) of this regulation is 4.

3EUsing mobile phones

The number of points for a contravention of the Queensland Road Rules, section 300(1) is 4.

(2)Schedule 3, sections 29 and 31—
omit.

8Regulation amended

This part amends the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2010.

9Amendment of s 17 (Deciding applications)

(1)Section 17—
insert—

(1B)The chief executive may refuse an application for the registration of a vehicle if all of the following apply—

(a)the vehicle, or a part of the vehicle, is subject to the Consumer Goods (Motor Vehicles With Affected Takata Airbag Inflators and Specified Spare Parts) Recall Notice 2018 (Cwlth) (the recall notice);

(b)the ACCC gives the chief executive written advice that—

(i)the supplier of the vehicle is considered to have complied with its obligations to replace affected airbag inflators under the recall notice; and

(ii)an affected airbag inflator fitted within the vehicle has not been replaced in compliance with the recall notice;

(c)the chief executive reasonably believes that each affected airbag inflator fitted within the vehicle has not been replaced in compliance with the recall notice.

(2)Section 17(2), ‘Subsections (1) and (1A)’—
omit, insert—

Subsections (1), (1A) and (1B)

10Amendment of sch 7 (Grounds for cancellation of registration of registered vehicle)

Schedule 7—
insert—

7A ground exists to cancel the registration of a registered vehicle if—

(a)the vehicle, or a part of the vehicle, is subject to the Consumer Goods (Motor Vehicles With Affected Takata Airbag Inflators and Specified Spare Parts) Recall Notice 2018 (Cwlth) (the recall notice); and

(b)the ACCC gives the chief executive written advice that—

(i)the supplier of the vehicle is considered to have complied with its obligations to replace affected airbag inflators under the recall notice; and

(ii)an affected airbag inflator fitted within the vehicle has not been replaced in compliance with the recall notice; and

(c)the chief executive reasonably believes that each affected airbag inflator fitted within the vehicle has not been replaced in compliance with the recall notice.

11Amendment of sch 8 (Dictionary)

Schedule 8—
insert—

ACCC means the Australian Competition and Consumer Commission established by the Competition and Consumer Act 2010 (Cwlth).

affected airbag inflator means an Affected Takata Airbag Inflator under the Consumer Goods (Motor Vehicles With Affected Takata Airbag Inflators and Specified Spare Parts) Recall Notice 2018 (Cwlth), section 4.

supplier, of a vehicle, means a Supplier under the Consumer Goods (Motor Vehicles With Affected Takata Airbag Inflators and Specified Spare Parts) Recall Notice 2018 (Cwlth), section 4.