Transport Operations (Passenger Transport) Amendment Regulation (No. 2) 2019

1Short title

This regulation may be cited as the Transport Operations (Passenger Transport) Amendment Regulation (No. 2) 2019.

2Regulation amended

This regulation amends the Transport Operations (Passenger Transport) Regulation 2018.

3Amendment of s 31 (Conditions on driver authorisation—Act, s 32)

Section 31, heading, ‘s 32’—
omit, insert—

s 29

4Replacement of s 76 (Service contract route prescribed as integrated mass transit area—Act, s 62AAA)

Section 76—
omit, insert—

76Integrated mass transit area—Act, s 62AAA

For section 62AAA(1)(b) of the Act, the following service contract areas or routes are prescribed—

(a)the service contract area or route called the Yarrabilba service contract area;

(b)the service contract area or route called the Southern Bay Islands Group service contract route.

5Amendment of s 139 (Person not to display card unless person holds driver authorisation (booked hire and taxi))

(1)Section 139(1), from ‘taxi while the taxi’—
omit, insert—

vehicle.

(2)Section 139(2), ‘in the taxi’—
omit, insert—

in the vehicle

(3)Section 139(2), before the penalty—
insert—

Note—

A person does not hold driver authorisation (booked hire and taxi) if, for example, the term of the authorisation has ended or the authorisation is cancelled or surrendered under part 3.

6Amendment of s 148 (Person not to display card unless person holds driver authorisation (booked hire and taxi))

(1)Section 148(1)(b), from ‘a taxi’—
omit, insert—

a vehicle.

(2)Section 148(2), ‘in the taxi’—
omit, insert—

in the vehicle

(3)Section 148(2), before the penalty—
insert—

Note—

A person does not hold driver authorisation (booked hire and taxi) if, for example, the term of the authorisation has ended or the authorisation is cancelled or surrendered under part 3.

7Replacement of pt 16, div 2, hdg

Part 16, division 2, heading—
omit, insert—

Division 2 Other authorised persons

Subdivision 1 Authorised persons for Gold Coast light rail

8Amendment of s 268 (Powers)

Section 268(1)(a)(vii), ‘and (4)’—
omit.

9Insertion of new pt 16, div 2, sdiv 2

Part 16, division 2—
insert—

Subdivision 2 Authorised person for service contract

268A Appointment

For section 111(2)(f) of the Act, each of the following persons is prescribed as a person the chief executive may appoint under that section to be an authorised person for a service contract—

(a)an employee of, or a contractor for, an operator who is required to provide a public passenger service for an area or route under a service contract;

(b)an employee of a contractor mentioned in paragraph (a).

268B Powers

(1)For section 114(2) of the Act, the powers of an authorised person for a service contract are limited to the powers given under the following provisions of the Act—

(a)section 127;

(b)section 143ADA;

(c)section 143ADB;

(d)section 143AG;

(e)section 143AH;

(f)section 143AHA(1);

(g)section 143AHB(1);

(h)section 143AHC;

(i)section 143AHD.

(2)However, the powers given under section 127 of the Act are limited to being exercised for serving an infringement notice for an offence against—

(a)the following provisions of the Act—

(i)section 143AC;

(ii)section 143ADA(4);

(iii)section 143ADB(4);

(iv)section 143AE(1);

(v)section 143AK; or

(b)the following provisions of this regulation—

(i)section 232;

(ii)section 233(1);

(iii)section 234(1);

(iv)section 251;

(v)section 252(1);

(vi)section 253(2).

(3)Also, the power given under section 143AHA(1) of the Act is limited to being exercised for giving a direction under the section for an offence against the following relevant provisions for that section—

(a)section 143AC of the Act;

(b)section 143AE(1) of the Act;

(c)section 252(1) of this regulation.

Note—

Section 252(2) prescribes section 252 as a relevant provision for section 143AHA(4) of the Act, definition relevant provision, paragraph (c).

(4)In addition, the powers are limited to being exercised only in relation to—

(a)the public passenger service provided under the service contract mentioned in section 268A(a); or

(b)public transport infrastructure used to provide the public passenger service mentioned in paragraph (a).

10Insertion of new pt 17, div 4

Part 17—
insert—

Division 4 Transitional provisions for Transport Operations (Passenger Transport) Amendment Regulation (No. 2) 2019

304Definitions for division

In this division—

new taxi driver display card means a taxi driver display card as defined under schedule 9 as in force from the commencement.

old taxi driver display card means a taxi driver display card as defined under schedule 9 as in force immediately before the commencement.

transitional period means the period—

(a)starting on the commencement; and

(b)ending 2 months after the commencement.

305Application of s 137 during transitional period

During the transitional period, section 137 applies as if a reference in the section to a taxi driver display card included a reference to an old taxi driver display card.

306Effect of particular old taxi driver display cards

(1)This section applies to an old taxi driver display card that—

(a)was in force immediately before the commencement; or

(b)is issued during the transitional period under section 137 as applied under section 305.

(2)The old taxi driver display card—

(a)is taken, for part 6, division 8, other than section 137, to be a new taxi driver display card; and

(b)continues in force until the card expires.

11Amendment of sch 9 (Dictionary)

Schedule 9, definition taxi driver display card, paragraph (a)—
omit, insert—

(a)is headed ‘Authorised Driver—Booked Hire and Taxi’; and