State Transport Act and Another Act Amendment Act 1990 (Qld)

253 STATE TRANSPORT A CT AN D ANOTHER A CT AME NDM ENT A No. 16 of 1990 ANALYSIS OF CONTENTS 1. Short title 2. Commencement PART I-PRELIMINARY PART II-AMENDMENT OF STATE TRANSPORT ACT 3. Principal Act and citation as amended 4. Amendment of s. 3. Parts of Act 5. Amendment of s. 5 . Interpretation 6. Amendment of s. 15. Application of this Part 7. Amendment of s. 16. Interpretation 8. New Part IIIA Issue etc ., of license Fees Offences 9. `Amendment of s. 45. Application of Part 10. Amendment of s. 46. Use of vehicle for two or more purposes at any and the same time 11. Repeal of and new Part VIII Owner of aircraft not to carry passengers , etc., for hire or reward Licensing of air transport Commissioner to invite applications 12. New ss. 59, 60 and 61 Application Fees for licenses Form and terms and conditions of license 13. New ss. 61A, 61B and 61c Period of license Renewal of license Transfer of license

254 14. New ss. 61D, 61E and 61F Extension of license Cancellation and suspension of license Surrender of license 15. New s. 61G Regulations for air transport 16. New Part IXA Interpretation Constitution of Corporation Corporation represents Crown 17. New s. 65D Provision of transport facilities for pupils 18. Amendment of s. 68. Forgery of license, &c 19. Amendment of s. 70. General powers of authorised officers 20. Amendment of s. 72. Assaulting, &c., authorised officers 21. Repeal of and new s. 75 Tabling of Orders in Council 22. Amendment of Schedule Rental vehicle operator ' s licenses Penalty notices Smoking Stop signs Conveyance of pupils 23. Licenses PART III-SAVINGS AND TRANSITIONAL PART IV-AMENDMENT OF EDUCATION ACT 24. Principal Act and citation as amended 25. Amendment of s. 2. Parts and Divisions 26. Repeal of Part III

255 ELIZABETHAE SECUNDAE REGINAE No. 1 6 of 1990 An Act to amend the State T ransport Act 1960 -1985, and the EducationAct 1964- 1988 as subsequently amended, in certain particulars and for related purposes [ASSENTED TO 25TH MAY, 1990]

256 State Transport Act and Another Act Amendment Act 1990, No. 16 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- PART I-PRELIMINARY 1. Short Title . This Act may be cited as the State Transport Act and Another Act Amendment Act 1990. 2. Commencement . (1) This Act, other than the provisions referred to in subsection (2), shall commence on the day on which this Act is assented to for and on behalf of Her Majesty. (2) Sections 4 (a) and (b), 5 (a) and (f), 8 to 15 (both inclusive), 19 (a) (iv), 22 (e) and 23 or such of them as are specified in the Proclamation shall commence on the day or days appointed by Proclamation for their commencement. PART II-AMENDMENT OF STATE TRANSPORT ACT 3. Principal Act and citation as amended . (1) In this Part the StateTransport Act 1960-1985 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the State Transport Act 1960-1990. 4. Amendment of s. 3. Parts of Act. Section 3 of the Principal Act is amended by- (a) inserting after the words "PART III-VEHICLES FOR HIRE, SS. 15-24;" the words "PART IIIA-RENTAL VEHICLES, ss. 24A-24c;"; (b) omitting all words from and including the words "PART VIII" to and including the words "Licensing, s. 61;" and substituting the words "PART VIII-AIR TRANSPORT, ss. 56-61G;"; (c) inserting after the words "PART IX-SAFETY, ss. 62-65;" the words "PART IXA-TRANSPORTATION OF PUPILS, ss. 65A-65D;". 5. Amendment of s. 5 . Interpretation . Section 5 of the Principal Act is amended in subsection (1), by- (a) inserting immediately before the definition "Ambulance" the following definition:- " "Aircraft"-A machine that can derive support in the atmosphere from the reactions of the air;"; (b) in the definition "Load capacity", inserting after the words "In relation to a" the word "motor"; (c) in the definition "Motor vehicle", inserting after the words "Any vehicle" the words "used on a road and"; (d) in the definition "Overhang", inserting after the words "That portion of a" the word "motor";

State Transport Act and Another Act Amendment Act 1990, 257 No.16 (e) in the definition "Percentage overhang", inserting after the words "wheel base of a" the word "motor"; (f) inserting after the definition "Primary producer" the following definitions:- "Rental vehicle"-A vehicle kept or let for hire (otherwise than under a hire-purchase agreement) without the services of a driver; "Rental vehicle operator's license"-A license (including any renewal of a license) granted under Part IIIA and in force at any material time;"; (g) in the definition "Tare", inserting after the words "The weight of the" the word "motor"; (h) in the definition "Total weight", inserting before the word "vehicle" the word "motor"; (i) in the definition "Trailer", omitting the word "another" and substituting the words "a motor"; (j) in the definition "Vehicle", omitting the words "tram or train" and substituting the words "tram, train or .aircraft". 6. Amendment of s. 15 . Application of this Part . Section 15 of the Principal Act is amended- (a) in subsection (l - (i) by omitting the word "or" occurring after paragraph (b); (ii) by, in paragraph (c), omitting the words "trailer." and substituting the words "trailer;"; (iii) by inserting after paragraph (c) the following paragraphs:- "(d) a rental vehicle, in so far as the keeping or letting for hire thereof is concerned; or (e) a rental vehicle, let for hire by the holder of a rental vehicle operator's license, while that vehicle is being used for the carriage of passengers or goods or both passengers and goods by the person to whom it is hired.; (b) in subsection (2) by, in paragraph (a), omitting the words ", including any vehicle which is let for hire (otherwise than under a hire- purchase agreement) without the services of a driver" and substituting the words "(otherwise than under a hire-purchase agreement)". 7. Amendment of s. 16 . Interpretation . Section 16 of the Principal Act is amended by, in paragraph (c), omitting the words "or a train" and substituting the words ", train or aircraft".

258 State Transport Act and Another Act Amendment Act 1990, No. 16 8. New Part IIIA . The Principal Act is amended by inserting after section 24 the following heading and sections:- "PART IIIA-RENTAL VEHICLES 24A. Issue , etc., of license . (1) The Commissioner may in accordance with this Part and the regulations issue , renew, suspend or cancel rental vehicle operator' s licenses. (2) Unless it is sooner cancelled, suspended or surrendered a rental vehicle operator's license shall be in force for such period, not being longer than 7 years, as is specified in the license or in any endorsement thereon. During the period of suspension the suspension of the license has the same effect as a cancellation of the license. (3) A rental vehicle operator's license is not capable of being assigned , transferred, leased or encumbered. 24B. Fees. (1) A licensing fee of the amount or at the rate determined by the Commissioner shall be payable by every holder of a rental vehicle operator's license. (2) The licensing fee and any instalment thereof shall become due and payable and shall be paid to the Commissioner at the time and in the manner stated in the license and any unpaid amount may be recovered by the Commissioner as a debt. (3) Subsection (1) applies so as to authorise the Commissioner to determine differently the amounts or rates of the licensing fee payable having regard to the number and different types of rental vehicles kept or let for hire by the holder of the rental vehicle operator's license. 24c. Offences . (1) A person shall not keep or let for hire a rental vehicle unless he is the holder of a rental vehicle operator's license. (2) The holder of a rental vehicle operator's license shall not keep or let for hire- (a) a rental vehicle that does not comply with the conditions and specifications (if any) prescribed in respect of the vehicle; (b) a rental vehicle unless- (i) if the vehicle is required to be registered under the Main Roads Act 1920-1988, a certificate of registration or of renewal of registration thereunder in respect of the vehicle is current; (ii) the vehicle is appropriately insured under and in accordance with the Motor Vehicles Insurance Act 1936-1988; (iii) if under the Motor VehiclesSafety Act 1980-1989, the vehicle is required to be inspected , a current certificate of inspection issued under that Act exists in respect of the vehicle;

State Transport Act and Another Act Amendment Act 1990, 259 No. 16 and (iv) the vehicle complies with the appropriate requirements of the Traffic Act 1949- 1989 relative to its construction, equipment and performance.". 9. Amendment of s. 45 . Application of Part . Section 45 of the Principal Act is amended by- (a) omitting provisions (1) to (18) both inclusive and provisions (24) and (25); (b) renumbering provisions (19) to (23) both inclusive as provisions (1) to (5) respectively; (c) inserting after provision (5) as so renumbered the following provision:- "(6) Any prescribed vehicle at any time when the vehicle is being used for a prescribed purpose. A prescription for the purposes of this provision (6) may include, but is not limited to, a reference to ownership of the vehicle, the persons or class or classes of persons using the vehicle, the manner in which and the purpose for which the vehicle is equipped, any license, permit or other authority in force in respect of the vehicle whether under this Act or any other Act or law, the persons or things or class or classes of persons or things being carried in or upon the vehicle, the distance travelled by the vehicle and a determination of the Commissioner being the standard in any particular case.". 10. Amendment of s. 46 . Use of vehicle for two or more purposes at any and the same time. Section 46 of the Principal Act is amended by, in subsection (4), omitting the words "Order in Council made thereunder, or under the corresponding provision of the repealed Acts, and for the time being in force" and substituting the words "regulations made for the purpose of provision (6) of that section". 11. Repeal of and new Part VIII. The Principal Act is amended by repealing sections 56 to 61, both inclusive, and the headings appearing immediately above sections 56, 58, 60 and 61 and substituting the following heading and sections:-11 "PART VIII-AIR TRANSPORT 56. Owner of aircraft not to carry passengers , etc., for hire or reward . The owner of an aircraft shall not carry, or permit or allow to be carried, from any place within the State to any other place within the State any passengers or goods for hire or reward on that aircraft unless the carriage occurs under the authority of and in accordance with the terms and conditions of a license under this Part.

260 State Transport Act and Another Act Amendment Act 1990, No. 16 Penalty: 4 penalty units. 57. Licensing of air transport . Subject to this Act, the Commissioner may grant to any person a license to provide and carry on a service for the carriage by air of passengers or goods, or both passengers and goods, for hire or reward between specified places within the State. 58. Commissioner to invite applications . Except as permitted by subsection (3), the Commissioner shall not grant any license under this Part unless he has first invited applications for the license as provided for in subsection (2). (2) The Commissioner shall, by public advertisement, invite applications for a license under this Part. The advertisement shall state the conditions of the application including the deposit, if any, to be lodged therewith or state a time and place when and where any intending applicant may obtain a written statement of the conditions. (3) Where in the opinion of the Commissioner there are good and sufficient reasons for so doing, he may, with the prior approval of the Governor in Council, grant a license under this Part without first inviting applications for the license.". 12. New ss. 59 , 60 and 61 The Principal Act is amended by inserting after section 58 the following sections:- "59. Application . (1) Any person may apply to the Commissioner for a license under this Part. The application shall be in a form determined by the Commissioner. The Commissioner may require the applicant to provide other particulars in writing, or documents, relating to the application. (2) The Commissioner may grant or refuse to grant an application for a license under this Part and may do so whether the application is made in answer to public advertisement or otherwise. 60. Fees for licenses . (1) A licensing fee is payable to the Commissioner by every holder of a license under this Part. (2) The licensing fee shall, in the discretion of the Minister, be- (a) an amount fixed by the Commissioner; (b) the sum of the amounts fixed by the Commissioner for each aircraft used for the purpose of providing and carrying on the service authorised by the license; or (c) an amount per centum as fixed by the Commissioner of the gross revenue derived from the service authorised by the license,

State Transport Act and Another Act Amendment Act 1990, 261 No. 16 but in no case shall exceed 20 per centum of the gross revenue derived from the service authorised by the license. (3) The licensing fee, and any instalment thereof, shall become due and payable to the Commissioner at the time and in the manner he prescribes and any unpaid amount may be recovered by him as a debt due and owing to him by the holder of the license. (4) The foregoing provisions of this section apply so as to authorise the Commissioner to determine differently the amounts or rates of the licensing fee payable in respect of different licenses under this Part and in respect of different parts of the same service authorised by a license under this Part and for that purpose different parts of the same service, as fixed by the Commissioner, shall each be deemed to be a separate service authorised by the license. 61. Form and terms and conditions of license . (1) Every license under this Part ° shall be in a form determined by the Commissioner and shall state the terms and conditions upon and subject to which it is granted. (2) The Commissioner may grant any license under this Part upon and subject to such terms and conditions as he may .determine to be necessary or expedient in the public interest including, but without limiting the generality of the foregoing, with respect to- (a) timetables; (b) facilities for passengers and the standard and maintenance of the facilities; (c) fares and charter and freight rates; (d) tickets and the numbering thereof and the information to be shown thereon; (e) the keeping of records and the furnishing to the Commissioner of periodical returns by the holder of the license. (3) The Commissioner may, by notice served on the holder of the license, from time to time amend, alter, add to, vary or revoke any of the terms and conditions of a license under this Part. (4) It is a condition of every license under this Part- (a) that no person other than the holder of the license is authorised by the license to provide or carry on the service authorised by the license; (b) that the holder of the license shall not carry on the service authorised by the license unless all fees and other moneys payable under this or any other Act or law that relate to the carrying on of the service or to any aircraft used for the purpose of carrying on the service are duly paid.".

262 State Transport Act and Another Act Amendment Act 1990, No. 16 13. New ss. 61A, 61B and 61c . The Principal Act is amended by inserting after section 61 the following sections:- "61A. Period of license . A license under this Part may be granted for such period, being not more than 7 years, as is specified in the license. 61B. Renewal of license . (1) The Commissioner may from time to time renew any license under this Part for such period, being not more than 7 years, as he determines. (2) An application for renewal of a license shall be made in the manner and at the time prescribed or, if not prescribed, directed by the Commissioner. (3) The Commissioner may at his discretion renew or refuse to renew the license or he may renew it upon and subject to such altered terms and conditions as he determines. 61c. Transfer of license . (1) The Commissioner may, upon application by the licensee and the proposed transferee, transfer any license under this Part. A transfer under this subsection shall be under and subject to such terms and conditions as are determined by the Commissioner. (2) The Commissioner may, in his discretion, refuse to transfer any license and shall refuse if, in his opinion, the transfer would be contrary to or not desirable in the public interest. (3) An application may be made under this section in respect of part only of the service authorised by the license and the Commissioner, if he consents to the transfer as applied for- (a) may issue a new license for the part of the service not transferred or vary, amend or alter the existing license so that it shall continue in force in respect only of the part of the service not transferred; and (b) may issue a fresh license in respect of the part of the service transferred or, where the transferee is the holder of another license of the same type under this Part, vary, amend or alter the other license to include the part of the service transferred.". 14. New ss. 61D, 61E and 61F . The Principal Act is amended by inserting after section 61c, the following sections:- "61n. Extension of license . (1) The holder of a license under this Part may apply to the Commissioner for his approval to extend the license to include an additional place or places upon or between which the service authorised by the license may be provided and carried on. The application shall be in a form determined by the Commissioner.

State Transport Act and Another Act Amendment Act 1990, 263 No. 16 The Commissioner may require the applicant to provide other particulars in writing, or documents, relating to the application. (2) The Commissioner may grant or refuse an application under subsection (1). The grant of an application under this section shall be under and subject to such terms and conditions as the Commissioner determines. (3) Every extension approved under this section shall be taken for the purposes of this Part to be included in the service authorised by the license in question and every term or condition determined by the Commissioner in relation to such extension shall be taken to be a term or condition of the license. 61E. Cancellation and suspension of license . (1) The Commissioner, if he considers such action necessary or desirable in the public interest or in any case where he is satisfied that the licensee has contravened or failed to comply with any provision of this Part or regulations made for the purposes of this Part (and notwithstanding that the licensee has not been convicted of such contravention or failure), may- (a) cancel; or (b) suspend for such period as he shall determine, any license issued under this Part. (2) The suspension shall for the period for which the license is suspended have the same effect as a cancellation of the license. 61F. Surrender of license . (1) A licensee may surrender his license under this Part by forwarding it, together with written notice of the surrender, to the Commissioner. Such notice- (a) shall specify the date upon which the surrender is to take effect; and (b) shall be delivered to the Commissioner not less than 60 days before the date specified therein as the date upon which the surrender is to take effect. The surrender of the license shall take effect upon the specified date or upon such earlier or later date as the Commissioner, with the consent of the licensee, determines.". 15. New s. 61G. The Principal Act is amended by inserting after section 61F the following section:- "61G. Regulations for air transport . The power conferred on the Governor in Council by this Act to make regulations includes power to make regulations prescribing such matters and things as in his opinion are necessary or convenient to be prescribed

264 State Transport Act and Another Act AmendmentAct 1990, No. 16 for carrying out or giving effect to the carriage of passengers or goods, or both passengers and goods, for hire or reward by air and in particular for all or any of the following purposes:- (a) prescribing conditions in relation to the comfort of passengers to which aircraft used in carrying on - a service authorised by a license under this Part must conform; (b) defining what shall be deemed to be obnoxious or disorderly conduct by passengers or persons employed on an aircraft used in carrying on a service authorised by a license under this Part; the prevention of or punishment for any such obnoxious or disorderly conduct; (c) prescribing the classes and categories of licenses under this Part; (d) prescribing the matters, standards, principles and criteria to which the Commissioner shall have regard in considering the grant, renewal, extension or transfer of a license under this Part; (e) exempting any description of carriage or class of goods or passengers from the operation of section 56.". 16. New Part IXA. The Principal Act is amended by inserting after section 65 the following heading and sections- "PART IXA-TRANSPORTATION OF PUPILS 65A. Interpretation . In this Part- "Corporation" means the corporation sole constituted by the Urban Public Passenger Transport Act 1984 under the name and style "The Commissioner for Transport". 658. Constitution of Corporation . (1) The Corporation shall be taken to have been constituted as a corporation sole for the purposes of this Part and shall be constituted from time to time as prescribed by section 10 of the Urban Public Passenger TransportAct 1984. (2) All courts and persons acting judicially shall take judical notice of the appointment of any person who for the time being constitutes or at any material time constituted the Corporation and of their respective signatures and of the official seal of the Corporation affixed to any document and, in the absence of proof to the contrary, shall presume that the relevant signature or seal was duly affixed. (3) The Corporation deemed to have been constituted for the purposes of this Part has the capacities conferred on it by section 11 of the Urban Public Passenger Transport Act 1984.

State Transport Act and Another Act Amendment Act 1990, 265 No. 16 65c. Corporation represents Crown. For the purposes of this Part the Corporation represents the Crown and has and may exercise all the rights, privileges and remedies of the Crown.". 17. New s. 65n. The Principal Act is amended by inserting the following section after section 65c:- "65n. Provision of transport facilities for pupils . (1) The Corporation may make such arrangements as it considers necessary to provide any of the following facilities in respect of pupils attending pre-schools, schools or other educational establishments:- (a) their conveyance with or without charge for the whole or part of the journey between their homes and the pre-schools, schools or other educational establishments which they are attending and return; (b) payment of the whole or any part as it thinks fit of their reasonable travelling expenses, and may in respect of any pupil make such an arrangement to provide more than one of the facilities prescribed in provisions (a) and (b) of this section. (2) Arrangements concerned with the conveyance of pupils and made pursuant to section 23 of The Education Act of 1964 as in force from time to time which arrangements are in force at the commencement of this section shall on and from that commencement be taken to be arrangements made under subsection (1) of this section.". 18. Amendment of s. 68. Forgery of license , &c. Section 68 of the Principal Act is amended by- (a) in paragraph (a) of subsection (1), omitting the words "by road of any" and substituting the words "of passengers or"; (b) in paragraph (a) of subsection (2)- (i) omitting the words "by road"; (ii) in subparagraph (iii), inserting after the words "a vehicle)" the words "or any aircraft"; (c) in paragraph (b) of subsection (2), inserting after the word "vehicle" the words "or aircraft". 19. Amendment of s. 70. General powers of authorised officers. Section 70 of the Principal Act is amended in subsection (1) by- (a) in paragraph (a)- (i) inserting after the word "vehicle" where it appears in subparagraph (i) the words "or aircraft"; (ii) inserting after the word "vehicle" where it appears in subparagraph (ii) the words "or aircraft";

266 State Transport Act and Another Act Amendment Act 1990, No. 16 (iii) omitting from subparagraph (ii) the words "by road" where they twice appear; (iv) inserting after subparagraph (ii) the following word and subparagraph:- "or (iii) any place, including any vehicle, in or on or in connexion with which he suspects on reasonable grounds that an offence against section 24c has been or is being committed and may inspect and examine any records or other documents found in or on the place and, if he believes that such records or other documents may afford evidence of the commission of the offence, seize and take away the records or other documents or take extracts from or make copies of the same;"; (b) in paragraph (b)- (i) inserting after the word "vehicle" the words "or aircraft"; (ii) omitting the words "on any road"; (c) in paragraph (e), omitting all words from and including the words "goods by any" to and including the words "of such goods" and substituting the words "passengers or goods by any person using or who has used any vehicle or aircraft to carry the passengers or goods, any person causing or permitting or who has caused or permitted such use, or any person operating or who has operated any vehicle or aircraft in the course of the carriage of the passengers or goods"; (d) in paragraph (f), omitting the words "goods which, or which he has reason to suspect have been or are intended to be carried by road" and substituting the words "passengers or goods who or which, or who or which he has reason to suspect, have been or are intended to be carried"; (e) in paragraph (g)- (i) omitting the words "by road" where they appear five times; (ii) inserting after the words "in respect of any" the words "passengers or"; (iii) inserting after the word "vehicle" the words "or aircraft"; (iv) inserting after the words "the carriage" the words "of passengers or goods"; (f) in paragraph (h), inserting after the words "any such" the words "passengers or". 20. Amendment of s. 72. Assaulting , & c., authorised officers . Section 72 of the Principal Act is amended by, in paragraph (b), inserting after the word "vehicle" the words "or aircraft".

State Transport Act and Another Act Amendment Act 1990, 267 No. 16 21. Repeal of and new s. 75. The Principal Act is amended by repealing section 75 and substituting the following section:- "75. Tabling of Orders in Council . Section 28A of the ActsInterpretation Act 1954-1988 (tabling of regulations) applies with respect to Orders in Council made for the purposes of this Act as if they were regulations.". 22. Amendment of Schedule . The Principal Act is amended in the Schedule by- (a) in clause 1- (i) inserting after the words " passenger service" the words "or specified in a permit"; (ii) inserting after the words "certificates of approval" where they twice appear the words "or permits" in each case; (b) in clause 2, inserting after the words "passenger service" the words "or specified in a permit"; (c) in clause 3- (i) inserting after the words "passenger service" where they appear in the first paragraph the words "or specified in a permit"; (ii) inserting after the word "licensees" where it thrice appears in the second paragraph the words "and permittees" in each case; (d) in clause 15, inserting after provision (k) the following provision:- "(ka) Providing for the installation, testing, sealing, resealing and repairing of taxi-meter instruments or devices by persons authorised in that behalf by the Commissioner where such instruments or devices are fitted or designed to be fitted to vehicles that are taxi-meter cabs under and within the meaning of the regulations, prescribing the qualifications to be had by persons before they may be so authorised and providing for the granting, cancellation and suspension of any such authority;"; (e) inserting after clause 15, the following clause:- "15A. Rental vehicle operator ' s licenses . Prescribing all matters and things which are necessary or convenient to be prescribed for carrying out or giving effect to Part IIIA, and in particular- (a) Providing for, regulating and controlling- (i) applications for rental vehicle operator's licenses; (ii) the information and particulars to be contained in or to accompany every such application and the verification of all such information and particulars; the grant, issue, refusal to grant or issue, surrender, cancellation or suspension of a rental vehicle operator's license; applications for the renewal of rental vehicle operator's licenses, the information to be contained

268 State Transport Act and Another Act Amendment Act 1990, No. 16 in or to accompany such applications, the verification of all such information and particulars, and the grant or refusal to grant such renewals; (v) duplicates for lost, destroyed or mutilated rental vehicle operator's licenses, applications for such duplicates, the information to be contained in or to accompany such applications, the verification of such information and particulars, and the grant or issue, or refusal to grant or issue such duplicates; (vi) the conditions, terms, grounds, restrictions or circumstances under, upon or subject to which rental vehicle operator's licenses may be granted, issued, refused, renewed, cancelled, suspended or surrendered and the variation from time to time of the terms and conditions of any such license; (vii) the delivery to prescribed persons of any rental vehicle operator's license upon the cancellation, suspension or surrender of the license, or upon the expiration by effluxion of time of the license, or upon the happening of any other prescribed event; (b) The production of rental vehicle operator's licenses for inspection when required or called upon by prescribed persons; (c) Prescribing conditions or specifications (including conditions or specifications designed to secure the safety of the public and their goods) to which rental vehicles generally or any particular class or description of such vehicles must conform; Providing for, regulating and controlling the maintenance by the holders of rental vehicle operator's licenses of their rental vehicles in good mechanical order, safe condition and good appearance, and the provision to be made by such holders for the safety and comfort of persons in or upon such vehicles; The provision by the holders of rental vehicles operator's licenses to the Commissioner of certificates completed by persons of a prescribed class or description and relative as to whether the holder's rental vehicles are in good mechanical order and a safe condition; Providing for, regulating and controlling the issue by the Commissioner of orders directing the holders of rental vehicle operator's licenses to repair or recondition, or repair and recondition their rental vehicles as directed by such orders; authorizing the Commissioner to prohibit by such order or by a further order the use of a vehicle in respect of which he has issued an order; and generally providing for,

State Transport Act and Another Act Amendment Act 1990, 269 No. 16 regulating and controlling all such matters and things as are necessary or convenient to secure or enforce obedience by holders of rental vehicle operator's licenses; (d) Prescribing fees payable for the issue of rental vehicle operator's licenses, for the renewal thereof and for duplicate copies thereof; (e) Authorising or requiring the making or furnishing of reports or copies of reports by members of the Police Force and authorised officers to the Commissioner concerning or in relation to the fitness, antecedents, character and conduct of any applicant for, or for the renewal of, a rental vehicle operator's license and indemnifying members of the Police Force and authorised officers against liability at law in respect of reports or copies of reports made or furnished as aforesaid; (f) Providing for the making and keeping of records, the furnishing of returns to the Commissioner, the production of records to and their inspection by authorised officers and the making of copies of records by authorised officers; (g) Providing for the matters to be contained in an agreement for the letting for hire of a rental vehicle; (h) Requiring the driver of a rental vehicle to stop the vehicle when directed to do so by an authorised officer; Requiring the driver of a rental vehicle or the hirer thereof, when required so to do by an authorised officer, to state his name and address and, in so far as he is capable of doing so, the name and address of the person who let the vehicle for hire; (j) Requiring the production to an authorised officer of any agreement for the letting for hire of a rental vehicle and providing for his inspecting the agreement and making a copy thereof."; (f) inserting after clause 16 the following clauses- "16A. Penalty notices. Prescribing- (a) any offences under this Act to be offences in respect of which a notice may be given to an offender or affixed to a vehicle advising that a prescribed penalty may be paid for any such offences within a prescribed period without involving court proceedings; (b) the monetary penalty that shall be payable in respect of offences so prescribed which penalty may be prescribed differently in relation to different offences or differently in relation to an offence according to previous like offences committed by the offender or

270 State Transport Act and Another Act Amendment Act 1990, No. 16 the time , place or circumstance related to the commission of the offence; (c) the form of and the particulars to be contained in the notice; and (d) the manner in which and the persons by whom the notice may be given to an offender or affixed to a vehicle. The notice may make provision for cautioning a person that he has committed an offence prescribed for the purposes of this clause. 16B. Smoking . The banning of the smoking of tobacco and other substances in or on any vehicle or part thereof which is normally used to carry passengers. 16c. Stop signs . Providing for the use of signs showing the word "STOP" by authorised officers in the exercise of their power under this Act to stop a vehicle and the consequences of a failure by the driver of the vehicle to comply with the direction given by means of the sign. 16D. Conveyance of pupils. Providing for transport services for the purpose of giving effect to arrangements made or taken to have been made pursuant to Part IXA and in that connexion providing for the use and establishment of committees, the persons who may or cannot be members of those committees, the procedure and business of those committees and the duties of members of the staff of pre-schools, schools and other educational establishments and prohibiting such staff members from contracting with a committee to provide a transport service.". PART III-SAVINGS AND TRANSITIONAL 23. Licenses. (1) A license under Part VIII of The State Transport Act of 1960 as amended from time to time designated an "Air License- Non-Scheduled Services" that is in force at the commencement of section 11 of this Act is on and from that commencement to be taken to be a license under Part VIII of the State Transport Act 1960-1990 authorizing the carriage of passengers or goods or both passengers and goods (as specified in the license) for hire or reward by air from any place in the State to any other place within the State and shall subject to that Act continue in force otherwise according to its terms. (2) A license under Part VIII of The State Transport Act of 1960 as amended from time to time designated an "Air License-Scheduled Services" that is in force at the commencement of section 11 of this Act is on and from that commencement to be taken to be a license under Part VIII of the State Transport Act 1960-1990 authorizing the carriage of passengers or goods or both passengers and goods (as specified in the license) for hire or reward by air from a place or places in the State to another place or places within the State as indicated by the

State Transport Act and Another Act Amendment Act 1990, 271 No. 16 license and shall subject to that Act continue in force otherwise according to its terms. PART IV-AMENDMENT OF EDUCATION ACT 24. Principal Act and citation as amended . (1) In this Part the Education Act 1964-1988 as subsequently amended is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Education Act 1964-1990. 25. Amendment of s. 2 . Parts and Divisions . Section 2 of the Principal Act is amended by omitting the following words:- "PART III-STATE SCHOOLS; Division I-General;". 26. Repeal of Part III . The Principal Act is amended by- (a) omitting the following words where they appear at the beginning of Part III:- "PART III-STATE SCHOOLS Division I-General"; (b) repealing sections 23 and 23A.