This regulation may be cited as the Transport and Other Legislation Amendment Regulation 2023.
(1)Parts 2, 4 and 5 commence on 1 April 2023.(2)Part 3 commences on 1 May 2023.
Part 2 Amendment of State Penalties Enforcement Regulation 2014
This part amends the State Penalties Enforcement Regulation 2014.
4Amendment of sch 1 (Infringement notice offences and fines for nominated laws)
Schedule 1, entry for Transport Operations (Road Use Management—Dangerous Goods) Regulation 2018, entry for section 64(3)—
omit, insert—
s 64(2)
8
40
s 64(4)
8
40
Part 3 Amendment of Traffic Regulation 1962
This part amends the Traffic Regulation 1962.
6Amendment of sch 10 (Approved photographic detection devices)
Schedule 10, part 5—
insert—Acusensus Harmony TS1
7Amendment of sch 13 (Data blocks for digital speed camera systems)
(1)Schedule 13, before part 1—
insert—•‘date’ followed by a sequence of numbers is the date when the image was captured, in the order of day, month and year (ddmmyyyy)•‘direction’ followed by the word ‘Away’ or ‘Towards’ is the direction that the vehicle the speed of which was measured by the system (the target vehicle) was travelling in relation to the system’s camera. ‘Away’ indicates the target vehicle was travelling away from the camera and ‘Towards’ indicates the target vehicle was travelling towards the camera•‘dist interval’ followed by a number is the distance travelled, in centimetres, by the target vehicle from its location when an image of the vehicle was captured to its location when another image of the vehicle was captured•‘elapsed time’ followed by a number is the time elapsed, in seconds, from when an image of the target vehicle was captured to when another image of the vehicle was captured•‘image no’ followed by a number is the number allocated by the system to the image•‘lane’ followed by a number is the number given in the Traffic Camera Coding Manual for the lane in which the target vehicle was travelling when the image was captured, with the highest number being furthest from the camera•‘location’ followed by writing is the name of the location where the image was captured•‘model’ followed by writing is the model of the system used to make the image, even if the writing is accompanied by characters or markings included to identify a component of the model of the system•‘offence type’ followed by ‘Speed’ is the offence detected by the system. ‘Speed’ indicates the detection of an offence against the Queensland Road Rules, section 20•‘operator no’ followed by a number is the identification number for the last person who tested the system under section 210C(1)(b) or (c) before the image was captured•‘serial no’ followed by writing is the serial number of the system used to make the image•‘site code’ followed by a number is the number given in the Traffic Camera Coding Manual for the location of the target vehicle when the image was captured•‘speed’ followed by a number is the speed, in kilometres per hour, of the target vehicle measured by the system when the image was captured•‘speed limit’ followed by a number is the maximum speed limit, in kilometres per hour, for the place at which the image was captured when the image was captured•‘time’ followed by a sequence of numbers is the time in 24-hour clock mode when the image was captured in the order of hour, minute and second (hhmmss)•a shape or symbol overlaid on a vehicle shown in the image indicates the vehicle is the target vehicle.A data block may show the following information—•date: 01/05/2023•direction: Towards•dist interval: 1,000cm•elapsed time: 0.343s•image no: 185•lane: 1•location: Warren Street, Fortitude Valley•model: Acusensus Harmony TS1•offence type: Speed•operator no: 200•serial no: S2210626746•site code: 29206232•speed: 51km/h•speed limit: 40km/h•time: 15:14:22.The data block indicates the following—
•the image was captured 22 seconds after 3:14p.m. on 1 May 2023•the target vehicle was travelling towards the system’s camera that captured the image•the target vehicle travelled 1,000cm from its location when an image of the vehicle was captured to its location when another image of the vehicle was captured•the time elapsed from when an image of the target vehicle was captured to when another image of the vehicle was captured was 0.343 seconds•the image was allocated the number 185 by the system•the target vehicle was travelling in the lane given the number 1 in the Traffic Camera Coding Manual•the location where the image was captured was Warren Street, Fortitude Valley•the model of the system used to make the image was Acusensus Harmony TS1•the offence detected by the system is an offence against the Queensland Road Rules, section 20•the identification number for the last person who tested the system under section 210C(1)(b) or (c) before the image was captured was 200•the serial number of the system used to make the image was S2210626746•the target vehicle was located at the place given the number 29206232 in the Traffic Camera Coding Manual when the image was captured•the speed of the target vehicle measured by the system when the image was captured was 51km/h•the maximum speed limit at the place and time the image was captured was 40km/h.(2)Schedule 13, parts 1AA to 5—
renumber as schedule 13, parts 1 to 6.
8Amendment of sch 17 (Data blocks for digital driver behaviour camera systems)
(1)Schedule 17, ninth dot point, from ‘the person’—
omit, insert—the last person who tested the system under section 210EA(1)(b) or (c) before the image was captured
(2)Schedule 17, example, twentieth dot point, from ‘the person’—
omit, insert—the last person who tested the system under section 210EA(1)(b) or (c) before the image was captured was 481
Part 4 Amendment of Transport Infrastructure (Dangerous Goods by Rail) Regulation 2018
This part amends the Transport Infrastructure (Dangerous Goods by Rail) Regulation 2018.
10Replacement of s 13 (Meaning of bulk container)
Section 13—
omit, insert—(1)A bulk container is a system for containing solid substances, including any liner or coating, that—(a)is designed for transporting solid substances which are in direct contact with the system; and(b)is of a permanent character suitable for repeated use; and(c)is designed to facilitate the transport of solid substances by 1 or more modes of transport, without the need for the substances to be unloaded and reloaded when transferred from one mode to another; and(d)is fitted with devices that permit ready handling; and(e)has a capacity of not less than 1m³.freight containers, offshore bulk containers, skips, bulk bins, swap bodies, trough-shaped containers, roller containers, load compartments of vehicles and flexible containers(2)However, an IBC, large packaging or a portable tank is not a bulk container.
11Replacement of s 16 (Meaning of tank)
Section 16—
omit, insert—(1)Unless the context otherwise requires, a reference in this regulation to a tank is a reference to a portable tank, a rail tank wagon, or a receptacle used to contain a solid, liquid or gas.(2)However, a reference to a tank includes an item mentioned in subsection (1) that is used to transport a gas only if the item has a capacity of not less than 450L.(3)In this section—gas has the meaning given by section 2.2.1.1 of the ADG Code.
12Amendment of s 28 (Declaration of non-participating dangerous goods jurisdictions)
Section 28, ‘Transport and Infrastructure Council’—
omit, insert—Ministerial Council
13Amendment of s 29 (Dangerous goods—Act, sch 6, definition dangerous goods)
Section 29(2)—
omit, insert—(2)However, goods that satisfy the criteria stated, or referred to, in part 2 of the ADG Code are not dangerous goods if—(a)the chief executive has made a determination that the goods are not dangerous goods; or(b)the goods are described as not subject to the ADG Code in a special provision in chapter 3.3 of the ADG Code that is applied to the goods under column 6 of the dangerous goods list, and any condition included in that description is met.
14Amendment of s 59 (Duties of manufacturers about compliance plates for portable tanks, MEGCs and tank vehicles)
(1)Section 59(1)—
omit, insert—(1)A person who manufactures a portable tank for use in the transport of dangerous goods must attach a compliance plate to the tank in accordance with—(a)if the tank is not made of fibre reinforced plastic—chapter 6.7 of the ADG Code; or(b)if the tank is made of fibre reinforced plastic—chapter 6.7 and section 6.9.2.10 of the ADG Code.Maximum penalty—40 penalty units.
(1A)A person who manufactures an MEGC for use in the transport of dangerous goods must attach a compliance plate to the MEGC in accordance with chapter 6.7 of the ADG Code.Maximum penalty—40 penalty units.
(2)Section 59(2)(a), from ‘chapter 6.7’ to ‘permits’—
omit, insert—chapter 6.7 and, if applicable, section 6.9.2.10 of the ADG Code permit
(3)Section 59(2)(b), ‘that chapter’—
omit, insert—the provisions mentioned in paragraph (a)
(4)Section 59(3), ‘6.9.2.2’—
omit, insert—6.10.2.2
(5)Section 59(1A) to (3)—
renumber as section 59(2) to (4).
15Amendment of s 145 (Emergency plans)
Section 145(7), definition emergency plan, ‘Transport and Infrastructure Council’—
omit, insert—Ministerial Council
16Insertion of new ss 180B and 180C
After section 180A—
insert—180B Particular provision for ADG Code, edition 7.8
(1)This section applies if—(a)during the period starting on 1 April 2023 and ending on 31 March 2024, a person does an act, or omits to do an act, that would, but for this section, constitute an offence against a provision of this regulation; and(b)the act or omission would, but for this section, constitute an offence against the provision only because, for applying the provision, a reference in this regulation to the ADG Code is a reference to edition 7.8 of the ADG Code rather than edition 7.7 of the ADG Code.(2)The act or omission does not constitute an offence against the provision.180C Transitional arrangement if ADG Code or related instrument amended or remade
(1)This section applies if—(a)the ADG Code is amended or remade or a code, standard or rule applied or adopted by, or incorporated in, the ADG Code is amended or remade; and(b)the amendment or remake has the effect of imposing a new requirement on a person, or modifying an existing requirement applying to a person, under this regulation.(2)The new requirement or modified existing requirement does not apply in relation to the person until the relevant period for the amendment or remake ends.(3)For subsection (2), this regulation applies in relation to the person during the relevant period as if the amendment or remake had not taken effect.(4)However, if an existing requirement is modified, a person who complies with the modified existing requirement during the relevant period is taken to comply with the existing requirement.(5)This section is subject to any other section of this regulation that provides for when or how the new requirement or modified existing requirement applies in relation to the person.(6)In this section—relevant period, for an amendment or remake mentioned in subsection (1)(a), means the period starting on the day the amendment or remake takes effect and ending on the day 12 months after that day.requirement means a duty, obligation, requirement or restriction (however described).
17Amendment of sch 3 (Dictionary)
(1)Schedule 3, definitions freight container, inner packaging, large packaging, outer packaging, overpack, packaging, portable tank, rail wagon, Transport and Infrastructure Council and tube—
omit.(2)Schedule 3—
insert—freight container means a container that—(a)is of a permanent character suitable for repeated use; and(b)is designed to facilitate the transport of goods by 1 or more modes of transport, without the need for the goods to be unloaded and reloaded when the container is transferred from one mode to another; and(c)is fitted with devices that permit the ready stowage and handling of the container, particularly in relation to the transfer of the container from one mode of transport to another; and(d)is designed in a way that facilitates the ease of loading and unloading of goods from the container; and(e)for a container used to transport goods other than radioactive material—has an internal volume of not less than 1m³.inner packaging has the meaning given by section 1.2.1 of the ADG Code.intermediate packaging has the meaning given by section 1.2.1 of the ADG Code.large packaging means packaging that—(a)consists of outer packaging that contains articles or inner packagings; and(b)is designed for mechanical handling; and(c)has—(i)a net mass of more than 400kg or a capacity of more than 450L; and(ii)a volume of not more than 3m³.Ministerial Council means the body (however described) that consists of the Minister of the Commonwealth and the Minister of each State, who is responsible, or principally responsible, for matters relating to infrastructure and transport.outer packaging has the meaning given by section 1.2.1 of the ADG Code.overpack means an enclosure, other than large packaging, used to contain 1 or more packages in a way that forms 1 unit for convenience of stowage and handling during transport.•packages placed or stacked on a pallet and secured by strapping, shrink wrapping, stretch wrapping or another suitable way•packages placed in protective outer packaging such as in a box or cratepackaging includes—(a)inner packaging, intermediate packaging, outer packaging, an overpack, large packaging, an IBC, an MEGC, a tank (including the tank of a tank vehicle), a bulk container or freight container, a drum, a barrel, a jerry can, a box and a bag; and(b)any other components or materials used for containing the contents of the packaging or performing another safety function in relation to the transport of the packaging and its contents.portable tank means a tank used for the transport of a solid, liquid or gas that—(a)includes a shell fitted with service equipment and structural equipment necessary for the transport of the solid, liquid or gas; and(b)is capable of being loaded and unloaded without removing its structural equipment; and(c)has stabilising components external to its shell, and is capable of being lifted when full; and(d)is designed primarily to be loaded on to a vehicle or vessel and is equipped with skids, mountings or accessories to facilitate mechanical handling; and(e)for a tank used for transporting a substance of UN Class 1 and UN Class 3 to 9—is a multimodal tank; and(f)for a tank used for transporting non-refrigerated, liquefied gases of UN Class 2—is a multimodal tank having a capacity of more than 450L; and(g)for a tank used for transporting refrigerated, liquefied gases of UN Class 2—is a thermally insulated tank having a capacity of more than 450L; and(h)is not an item that is not considered to be a portable tank for the purposes of the ADG Code.See the definition of portable tank in section 1.2.1 of the ADG Code for the list of items that are not considered to be a portable tank for the purposes of the ADG Code.rail tank wagon means a rail wagon of which a tank forms an integral part.rail wagon means a unit of rolling stock that—(a)is designed to carry freight by rail; and(b)bears a unique identifying number or alphanumeric identifier.tube means a pressure receptacle of seamless or composite construction having a water capacity exceeding 150L but not more than 3,000L.(3)Schedule 3, definition ADG Code, note—
omit, insert—See sections 180A to 180C in relation to editions of the ADG Code.(4)Schedule 3, definition competent authorities panel, paragraph (b), ‘16 June’—
omit, insert—13 June
(5)Schedule 3, definition food packaging—
insert—(c)plastic wrapping intended for the packaging of food.
Part 5 Amendment of Transport Operations (Road Use Management—Dangerous Goods) Regulation 2018
This part amends the Transport Operations (Road Use Management—Dangerous Goods) Regulation 2018.
19Replacement of s 15 (Meaning of bulk container)
Section 15—
omit, insert—(1)A bulk container is a system for containing solid substances, including any liner or coating, that—(a)is designed for transporting solid substances which are in direct contact with the system; and(b)is of a permanent character suitable for repeated use; and(c)is designed to facilitate the transport of solid substances by 1 or more modes of transport, without the need for the substances to be unloaded and reloaded when transferred from one mode to another; and(d)is fitted with devices that permit ready handling; and(e)has a capacity of not less than 1m³.freight containers, offshore bulk containers, skips, bulk bins, swap bodies, trough-shaped containers, roller containers, load compartments of vehicles and flexible containers(2)However, an IBC, large packaging or a portable tank is not a bulk container.
20Replacement of s 18 (Meaning of tank)
Section 18—
omit, insert—(1)Unless the context otherwise requires, a reference in this regulation to a tank is a reference to a portable tank, a tank vehicle, or a receptacle used to contain a solid, liquid or gas.(2)However, a reference to a tank includes an item mentioned in subsection (1) that is used to transport a gas only if the item has a capacity of not less than 450L.(3)In this section—gas has the meaning given by section 2.2.1.1 of the ADG Code.
21Amendment of s 31 (Declaration of non-participating dangerous goods jurisdictions)
Section 31, ‘Transport and Infrastructure Council’—
omit, insert—Ministerial Council
22Amendment of s 32 (Dangerous goods—Act, sch 4, definition dangerous goods)
Section 32(2)—
omit, insert—(2)However, goods that satisfy the criteria stated, or referred to, in part 2 of the ADG Code are not dangerous goods if—(a)the chief executive has made a determination that the goods are not dangerous goods; or(b)the goods are described as not subject to the ADG Code in a special provision in chapter 3.3 of the ADG Code that is applied to the goods under column 6 of the dangerous goods list, and any condition included in that description is met.
23Amendment of s 64 (Duties of manufacturers about dangerous goods compliance plates for portable tanks, MEGCs and tank vehicles)
(1)Section 64(1)—
omit, insert—(1)A person who manufactures a portable tank for use in the transport of dangerous goods must attach a dangerous goods compliance plate to the tank in accordance with—(a)if the tank is not made of fibre reinforced plastic—chapter 6.7 of the ADG Code; or(b)if the tank is made of fibre reinforced plastic—chapter 6.7 and section 6.9.2.10 of the ADG Code.Maximum penalty—40 penalty units.
(1A)A person who manufactures an MEGC for use in the transport of dangerous goods must attach a dangerous goods compliance plate to the MEGC in accordance with chapter 6.7 of the ADG Code.Maximum penalty—40 penalty units.
(2)Section 64(2)(a), from ‘chapter 6.7’ to ‘permits’—
omit, insert—chapter 6.7 and, if applicable, section 6.9.2.10 of the ADG Code permit
(3)Section 64(2)(b), ‘that chapter’—
omit, insert—the provisions mentioned in paragraph (a)
(4)Section 64(3), ‘6.9.2.2’—
omit, insert—6.10.2.2
(5)Section 64(1A) to (3)—
renumber as section 64(2) to (4).
24Amendment of s 152 (Emergency Plans)
Section 152(7), definition emergency plan, ‘Transport and Infrastructure Council’—
omit, insert—Ministerial Council
25Amendment of s 206 (Applications for licences)
(1)Section 206(2)(c)—
omit.(2)Section 206(3)—
omit.(3)Section 206(4)—
renumber as section 206(3).
26Amendment of s 208 (Grant of dangerous goods vehicle licences)
(1)Section 208(1)—
insert—(e)the applicant has paid the fee payable under this regulation for the grant of the licence.(2)Section 208(2)(b), ‘6.9’—
omit, insert—6.10
After section 208—
insert—(1)A dangerous goods vehicle licence is granted for a period of 12 months starting on the day the licence is granted.(2)However, if the applicant already holds a dangerous goods vehicle licence, the dangerous goods vehicle licence is granted for the period equal to the remaining period for the licence already held by the applicant.
28Amendment of s 209 (Applications for renewal of licences)
Section 209(2) and (3)—
omit, insert—(2)The application must include the information mentioned in section 206(2).
29Amendment of s 210 (Renewal of licences)
(1)Section 210(1)—
insert—(e)the applicant has paid the fee payable under this regulation for the renewal of the licence.(2)Section 210(2)(b), ‘6.9’—
omit, insert—6.10
30Replacement of s 211 (Licence periods)
Section 211—
omit, insert—If the chief executive renews a dangerous goods vehicle licence—(a)the licence is renewed for a period of 12 months; and(b)the renewal period starts the day after the licence would otherwise expire.
31Amendment of s 220 (Chief executive may require licence documents to be replaced)
Section 220(1)—
insert—(e)a licensee is granted another dangerous goods vehicle licence and the chief executive decides to issue the licensee a single dangerous goods vehicle licence under section 208(4).
32Amendment of s 246 (Fees)
Section 246—
insert—(2)However, the fee payable for the grant of a dangerous goods vehicle licence for a period mentioned in section 208A(2) is the proportion of the fee stated in schedule 2, item 4 that is attributable to the number of months, rounded up to whole months, in the period.(3)Also, the fee payable for the renewal of a dangerous goods vehicle licence is the fee stated in schedule 2, item 4 as in force on 1 July in the financial year in which the period of the renewed licence starts.
33Insertion of new ss 249B and 249C
After section 249A—
insert—249B Particular provision for ADG Code, edition 7.8
(1)This section applies if—(a)during the period starting on 1 April 2023 and ending on 31 March 2024, a person does an act, or omits to do an act, that would, but for this section, constitute an offence against a provision of this regulation; and(b)the act or omission would, but for this section, constitute an offence against the provision only because, for applying the provision, a reference in this regulation to the ADG Code is a reference to edition 7.8 of the ADG Code rather than edition 7.7 of the ADG Code.(2)The act or omission does not constitute an offence against the provision.249C Transitional arrangement if ADG Code or related instrument amended or remade
(1)This section applies if—(a)the ADG Code is amended or remade or a code, standard or rule applied or adopted by, or incorporated in, the ADG Code is amended or remade; and(b)the amendment or remake has the effect of imposing a new requirement on a person, or modifying an existing requirement applying to a person, under this regulation.(2)The new requirement or modified existing requirement does not apply in relation to the person until the relevant period for the amendment or remake ends.(3)For subsection (2), this regulation applies in relation to the person during the relevant period as if the amendment or remake had not taken effect.(4)However, if an existing requirement is modified, a person who complies with the modified existing requirement during the relevant period is taken to comply with the existing requirement.(5)This section is subject to any other section of this regulation that provides for when or how the new requirement or modified existing requirement applies in relation to the person.(6)In this section—relevant period, for an amendment or remake mentioned in subsection (1)(a), means the period starting on the day the amendment or remake takes effect and ending on the day 12 months after that day.requirement means a duty, obligation, requirement or restriction (however described).
34Amendment of sch 2 (Fees)
Schedule 2, item 4, ‘Application for grant or renewal of a dangerous goods vehicle licence (s 206(3) or 209(2)(b))’—
omit, insert—Grant or renewal of a dangerous goods vehicle licence (s 208(1)(e) or 210(1)(e))
35Amendment of sch 3 (Dictionary)
(1)Schedule 3, definitions freight container, inner packaging, large packaging, outer packaging, overpack, packaging, portable tank, Transport and Infrastructure Council and tube—
omit.(2)Schedule 3—
insert—freight container means a container that—(a)is of a permanent character suitable for repeated use; and(b)is designed to facilitate the transport of goods by 1 or more modes of transport, without the need for the goods to be unloaded and reloaded when the container is transferred from one mode to another; and(c)is fitted with devices that permit the ready stowage and handling of the container, particularly in relation to the transfer of the container from one mode of transport to another; and(d)is designed in a way that facilitates the ease of loading and unloading of goods from the container; and(e)for a container used to transport goods other than radioactive material—has an internal volume of not less than 1m³.inner packaging has the meaning given by section 1.2.1 of the ADG Code.intermediate packaging has the meaning given by section 1.2.1 of the ADG Code.large packaging means packaging that—(a)consists of outer packaging that contains articles or inner packagings; and(b)is designed for mechanical handling; and(c)has—(i)a net mass of more than 400kg or a capacity of more than 450L; and(ii)a volume of not more than 3m³.Ministerial Council means the body (however described) that consists of the Minister of the Commonwealth and the Minister of each State, who is responsible, or principally responsible, for matters relating to infrastructure and transport.outer packaging has the meaning given by section 1.2.1 of the ADG Code.overpack means an enclosure, other than large packaging, used to contain 1 or more packages in a way that forms 1 unit for convenience of stowage and handling during transport.•packages placed or stacked on a pallet and secured by strapping, shrink wrapping, stretch wrapping or another suitable way•packages placed in protective outer packaging such as in a box or cratepackaging includes—(a)inner packaging, intermediate packaging, outer packaging, an overpack, large packaging, an IBC, an MEGC, a tank (including the tank of a tank vehicle), a bulk container or freight container, a drum, a barrel, a jerry can, a box and a bag; and(b)any other components or materials used for containing the contents of the packaging or performing another safety function in relation to the transport of the packaging and its contents.portable tank means a tank used for the transport of a solid, liquid or gas that—(a)includes a shell fitted with service equipment and structural equipment necessary for the transport of the solid, liquid or gas; and(b)is capable of being loaded and unloaded without removing its structural equipment; and(c)has stabilising components external to its shell, and is capable of being lifted when full; and(d)is designed primarily to be loaded on to a vehicle or vessel and is equipped with skids, mountings or accessories to facilitate mechanical handling; and(e)for a tank used for transporting a substance of UN Class 1 and UN Class 3 to 9—is a multimodal tank; and(f)for a tank used for transporting non-refrigerated, liquefied gases of UN Class 2—is a multimodal tank having a capacity of more than 450L; and(g)for a tank used for transporting refrigerated, liquefied gases of UN Class 2—is a thermally insulated tank having a capacity of more than 450L; and(h)is not an item that is not considered to be a portable tank for the purposes of the ADG Code.See the definition of portable tank in section 1.2.1 of the ADG Code for the list of items that are not considered to be a portable tank for the purposes of the ADG Code.tube means a pressure receptacle of seamless or composite construction having a water capacity exceeding 150L but not more than 3,000L.(3)Schedule 3, definition ADG Code, note—
omit, insert—See part 21, division 2, in relation to editions of the ADG Code.(4)Schedule 3, definition competent authorities panel, paragraph (b), ‘16 June’—
omit, insert—13 June
(5)Schedule 3, definition food packaging—
insert—(c)plastic wrapping intended for the packaging of food.