Transport and Other Legislation Amendment Bill 2017

An Act to amend the Adult Proof of Age Card Act 2008, the Adult Proof of Age Card Regulation 2010, the Civil Partnerships Regulation 2012, the Heavy Vehicle National Law Act 2012, the Liquor Act 1992, the Police Powers and Responsibilities Act 2000, the Rail Safety National Law (Queensland) Act 2017, the State Penalties Enforcement Regulation 2014, the Tobacco and Other Smoking Products Act 1998, the Tow Truck Regulation 2009, the Transport Infrastructure Act 1994, the Transport Infrastructure (Dangerous Goods by Rail) Regulation 2008, the Transport Operations (Marine Safety) Act 1994, the Transport Operations (Marine Safety) Regulation 2016, the Transport Operations (Passenger Transport) Act 1994, the Transport Operations (Passenger Transport) Regulation 2005, the Transport Operations (Road Use Management) Act 1995, the Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2015, the Transport Operations (Road Use Management—Dangerous Goods) Regulation 2008, the Transport Operations (Road Use Management—Driver Licensing) Regulation 2010, the Transport Planning and Coordination Act 1994, the Transport Security (Counter-Terrorism) Act 2008 and the Working with Children (Risk Management and Screening) Regulation 2011 for particular purposes and to repeal the Transport Operations (Marine Safety) Transitional Regulation 2016

40Act amended

This part amends the Heavy Vehicle National Law Act 2012.

41Insertion of new s 43A

Part 5—
insert—

43AFees payable under Heavy Vehicle National Law (Queensland)

(1)This section provides for the fee payable for a matter under the Heavy Vehicle National Law (Queensland) if a provision of the Law refers to a fee that is or may be payable under a law of this jurisdiction for the matter.

(2)The fee payable for the matter, if any, is the amount prescribed under a regulation for the matter.

46Act amended

This part amends the Rail Safety National Law (Queensland) Act 2017.

47Amendment of s 3 (Definitions)

Section 3(1), definition local regulation—
omit.

59Act amended

This part amends the Transport Operations (Marine Safety) Act 1994.

60Replacement of s 10A (Meaning of Queensland regulated ship)

Section 10A—
omit, insert—

10AMeaning of Queensland regulated ship

A Queensland regulated ship is—

(a)a recreational ship; or

(b)an other Queensland regulated ship.

61Insertion of new s 10C

Part 1, division 3—
insert—

10CMeaning of other Queensland regulated ship

An other Queensland regulated ship is—

(a)a ship that is not a recreational ship or domestic commercial vessel; or

(b)a tender to a ship to which paragraph (a) applies.

62Amendment of sch 1 (Dictionary)

Schedule 1, definition other Queensland regulated ship, ‘10A(b)’—
omit, insert—

10C

63Act amended

This part amends the Transport Operations (Passenger Transport) Act 1994.

64Amendment of s 112 (Identity cards)

Section 112(3)(d)—
omit, insert—

(d)contain a unique identification number for the authorised person; and

(e)include an expiry date.

65Amendment of s 129I (Requirements for written report given under this division)

(1)Section 129I(2), ‘The’—
omit, insert—

Subject to subsection (3), the

(2)Section 129I(2), after paragraph (a)—
insert—

(aa)the transit officer’s unique identification number;

(3)Section 129I(2)(e), ‘paragraph (d)’—
omit, insert—

paragraph (e)

(4)Section 129I(2)(aa) to (n)—
renumber as section 129I(b) to (o).

(5)Section 129I—
insert—

(3)A written report given under section 129F must not include information mentioned in subsection (2)(a) or (c).

66Amendment of s 143AHA (Power to require person to leave public transport infrastructure if person committing particular offences)

(1)Section 143AHA—
insert—

(2A)The authorised person may exercise the power mentioned in subsection (2) in, or in an area adjacent to, the public transport infrastructure.

Examples of an area adjacent to public transport infrastructure—

•a footpath adjacent to a parked bus

•the side of a road adjacent to a light rail station or platform

•an area open to or used by the public that is adjacent to a busway

(2)Section 143AHA(2A) and (3)—
renumber as section 143AHA(3) and (4).

67Amendment of s 143AHB (Power to require person to leave or not enter public transport infrastructure if person contravening order)

(1)Section 143AHB—
insert—

(2A)The authorised person may exercise the power mentioned in subsection (2) in, or in an area adjacent to, the public transport infrastructure.

Examples of an area adjacent to public transport infrastructure—

•a footpath adjacent to a parked bus

•the side of a road adjacent to a light rail station or platform

•an area open to or used by the public that is adjacent to a busway

(2)Section 143AHB(4), ‘subsection (3)’—
omit, insert—

subsection (4)

(3)Section 143AHB(2A) to (4)—
renumber as section 143AHB(3) to (5).

68Insertion of new ch 13, pt 19

Chapter 13—
insert—

Part 19 Transitional provision for Transport and Other Legislation Amendment Act 2017

217Category A driver disqualifying offence

(1)Subject to subsection (3), for the purposes of a reference in this Act to a category A driver disqualifying offence, it is declared that—

(a)the reference includes a reference to a new category A driver disqualifying offence whether the offence was or is committed before or after the commencement; and

(b)a reference to a conviction of the offence includes a conviction of a new category A driver disqualifying offence whether the conviction happened before or after the commencement.

(2)The following paragraphs apply to a person who has been convicted of a new category A driver disqualifying offence before the commencement—

(a)if the person has applied for the grant or renewal of driver authorisation before the commencement and the application has not been finalised—

(i)the application is terminated on the commencement; and

(ii)the chief executive must refund to the applicant the application fee for the application;

(b)if the person has applied for an internal or external review of a decision of the chief executive relating to a refusal to grant or renew driver authorisation under section 28B because of the conviction and the review has not been decided on the commencement—the application for review is taken to have been withdrawn on the commencement;

(c)if, immediately before the commencement, the person has an entitlement to have driver authorisation granted or renewed under a decision of the chief executive or QCAT under a review of the decision of the chief executive—the entitlement is extinguished on the commencement;

(d)the person is not eligible to apply for driver authorisation, or a renewal of driver authorisation, after the commencement.

(3)If a person who has been convicted of a new category A driver disqualifying offence before the commencement holds driver authorisation on the commencement, subsection (1) does not apply in relation to the person for the term of the authorisation.

(4)In this section—

new category A driver disqualifying offence means an offence that is a category A disqualifying offence but, immediately before the commencement, was not a category A disqualifying offence.

Note—

Generally speaking, new category A driver disqualifying offences relate to attempted rape of an adult.

69Amendment of sch 1A (Driver disqualification offences)

Schedule 1A, part 1, division 1, item 14, from ‘, if’ to ‘child’—
omit.

70Amendment of sch 3 (Dictionary)

Schedule 3, definition relevant offence, paragraph (b), ‘section 143AHA(3)’—
omit, insert—

section 143AHA(4)

84Act amended

This part amends the Transport Planning and Coordination Act 1994.

85Replacement of s 8C (Impact of road works on local government road)

Section 8C—
omit, insert—

8CImpact of road works on identified local government roads

(1)This section applies in relation to road works to be carried out on a local government road if—

(a)the road forms part of a route used for a public passenger service and is identified in a road works guideline; or

(b)the road forms part of a route identified in a passenger transport implementation strategy or program under the Transport Operations (Passenger Transport) Act 1994; or

(c)the works will do either of the following while they are carried out or when they are finished—

(i)restrict or limit access to public passenger transport infrastructure;

Example for subparagraph (i)—

the temporary diversion of a bus route

(ii)result in the removal of public passenger transport infrastructure.

Example for subparagraph (ii)—

the temporary removal of a bus stop

(2)A person undertaking road works for the local government for the local government area in which the road is situated must comply with the road works guideline.

Maximum penalty—10 penalty units.

(3)If, before the road works are undertaken, the local government knows the works will restrict or limit access to a public passenger service or public passenger transport infrastructure while they are undertaken, the local government must notify the chief executive about the works—

(a)in writing; and

(b)at least 21 days before the works start.

(4)In this section—

road works guideline means a guideline made under section 8E for this section.

86Amendment of s 8D (Impact of change of management of local government road on public passenger transport)

(1)Section 8D, heading, ‘public passenger transport’—
omit, insert—

scheduled passenger services

(2)Section 8D(1) and (2)—
omit, insert—

(1)This section applies if—

(a)a local government proposes to make a change to the management of a local government road; and

(b)the change would have a significant adverse impact on the provision of a scheduled passenger service.

(2)The local government must apply to the chief executive for written approval to make the change.

(2A)Without limiting subsection (1)(b), a change to the management of a local government road that, if made, would adversely affect any of the following things is a change that would have a significant adverse impact on the provision of a scheduled passenger service—

(a)the route that may be taken for, or the number of stops that may be made during, the scheduled passenger service;

(b)the frequency of a scheduled journey for the scheduled passenger service;

(c)the time taken to complete a scheduled journey for the scheduled passenger service.

Examples of changes that may adversely affect a thing mentioned in paragraph (a), (b) or (c)—

•the closure of a road or lane

•the removal or alteration of a bus lane or transit lane

•a change in the direction of traffic flow along a road

•a change in priority settings on a road

•changing a roundabout to a signalised intersection

87Amendment of s 8E (Guidelines for pt 2A)

(1)Section 8E(4)—
omit, insert—

(4)The chief executive must—

(a)give a copy of the guidelines, and any amendment of the guidelines, to every local government affected by the guidelines; and

(b)for a guideline made for the purposes of section 8C—publish the guideline on the department’s website.

(4A)This section does not limit section 8C(2).

(2)Section 8E(4A) and (5)—
renumber as section 8E(5) and (6).

88Replacement of s 28 (Matters affecting compensation payable)

Section 28—
omit, insert—

28Value of particular works does not affect compensation payable

(1)This section applies—

(a)for deciding the amount of compensation payable to a person for land resumed under this part; and

(b)despite the Acquisition of Land Act 1967, section 20(2).

(2)The value of works carried out on the land after a notice of intention to resume the land has been sent to a person entitled to compensation for the land, or after agreement to acquire has been reached, must be disregarded.

89Omission of s 28AA (Declaration of area to be prescribed transit node)

Section 28AA—
omit.

90Amendment of s 28A (Definitions for pt 4A)

(1)Section 28A, heading, ‘pt 4A’—
omit, insert—

part

(2)Section 28A, definition construction contract—
omit.

91Amendment of s 28C (Construction contracts)

Section 28C—
insert—

(2)In this section—
construction contract means a contract concerning the construction of a busway.

92Amendment of s 36F (Keeping and using information obtained or kept under particular transport Acts or Adult Proof of Age Card Act 2008)

Section 36F, ‘Adult Proof of Age Card Act 2008’—
omit, insert—

Photo Identification Card Act 2008

93Insertion of new pt 7, div 3

Part 7—
insert—

Division 3 Provisions for Transport and Other Legislation Amendment Act 2017

43Definition for division

In this division—

pre-amended Act means this Act as in force immediately before the commencement.

44Existing road works on local government roads

(1)This section applies if road works to which section 8C of the pre-amended Act applied had started to be carried out but were not finished before the commencement.

(2)The pre-amended Act continues to apply in relation to the road works as if the Transport and Other Legislation Amendment Act 2017 had not been enacted.

45Existing applications for approval of management change

(1)This section applies if an application made under section 8D of the pre-amended Act had not been decided before the commencement.

(2)For deciding the application, the pre-amended Act continues to apply as if the Transport and Other Legislation Amendment Act 2017 had not been enacted.

94Amendment of sch 1 (Dictionary)

(1)Schedule 1, definition prescribed transit node—
omit.

(2)Schedule 1—
insert—

Acquisition Act, for part 4A, see section 28A.

agreement, for part 4A, see section 28A.

appeal court, for part 5, see section 29(b).

busway, for part 4A, see section 28A.

chief executive, for part 5, see section 30.

commencement, for part 4A, see section 28A.

constructing authority, for part 4A, see section 28A.

land acquisition, for part 4A, see section 28A.

notice of intention to resume, for part 4A, see section 28A.

original decision, for part 5, see section 29(a).

reviewed decision, for part 5, see section 34.

taking of land, for part 4A, see section 28A.

135Repeal

The Transport Operations (Marine Safety) Transitional Regulation 2016, No. 155 is repealed.

© State of Queensland 2017