Transport and Other Legislation Amendment Act 2010 (Qld)

Queensland Transport and Other Legislation Amendment Act 2010 Act No. 13 of 2010

Queensland Transport and Other Legislation Amendment Act 2010 Contents Chapter 1 1 2 Chapter 2 Part 1 3 Part 2 4 5 6 7 8 9 10 Part 3 11 12 13 14 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Amendment of Transport Operations (Road UseManagement) Act 1995—road safety reforms Preliminary Act amended in chapter and schedule . . . . . . . . . . . . . . . . . . . . . 15 No alcohol limit Amendment of s 79 (Vehicle offences involving liquor or other drugs) ......................................... 15 Amendment of s 79B (Immediate suspension or disqualification) 17 Amendment of s 80 (Breath and saliva tests, and analysis and laboratory tests) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Amendment of s 81 (Notices to offenders for certain first offences) ..................................... 18 Amendment of s 86 (Disqualification of drivers of motor vehicles for certain offences) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Amendment of s 87 (Issue of restricted licence to disqualified person) ...................................... 18 Amendment of s 90A (Definitions for ss 90B–90D) . . . . . . . . . . . 18 Alcohol ignition interlocks Replacement of s 17A (Definition) . . . . . . . . . . . . . . . . . . . . . . . . 19 17A Meaning of approval for pt 1A . . . . . . . . . . . . . . . . . . 19 Amendment of s 18 (Grounds for amending, suspending or cancelling approvals) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Amendment of s 60 (Evidentiary aids) . . . . . . . . . . . . . . . . . . . . . 20 Amendment of s 78 (Driving of motor vehicle without a driver licence prohibited) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

Transport and Other Legislation Amendment Act 2010 Contents 15 16 17 18 19 20 Page 2 Amendment of s 79 (Vehicle offences involving liquor or other drugs) ....................................... Amendment of s 90A (Definitions for ss 90B–90D) . . . . . . . . . . . Insertion of new ch 5, pt 3B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 3B Alcohol ignition interlocks Division 1 Preliminary 91I Definitions for pt 3B . . . . . . . . . . . . . . . . . . . . . . . . . . Division 2 Interlock condition 91J Persons to whom div 2 applies. . . . . . . . . . . . . . . . . . 91K Interlock condition . . . . . . . . . . . . . . . . . . . . . . . . . . . 91L Nomination of vehicle . . . . . . . . . . . . . . . . . . . . . . . . . 91M Interlock period. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91N Prescribed period . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91O When interlock condition ends . . . . . . . . . . . . . . . . . . Division 3 Interlock exemption 91P Applying for interlock exemption. . . . . . . . . . . . . . . . . 91Q Deciding application for interlock exemption . . . . . . . 91R Decision on application and exemption certificate . . . 91S When interlock exemption stops having effect . . . . . . 91T What happens when interlock exemption stops having effect ........................... Division 4 Extending interlock driver’s prescribed period 91U Grounds for extending prescribed period . . . . . . . . . . 91V Procedure for extending prescribed period . . . . . . . . Division 5 Offences 91W Driving a motor vehicle other than as allowed under an interlock condition . . . . . . . . . . . . . . . . . . . . . . . . . 91X Noncompliance with restrictions applying to interlock exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91Y Person with interlock exemption must give notification of change in circumstances . . . . . . . . . . . Division 6 Other provisions about interlocks 91Z Regulations relating to interlocks . . . . . . . . . . . . . . . . Amendment of s 124 (Facilitation of proof). . . . . . . . . . . . . . . . . . Amendment of s 168A (Effect of particular corresponding administrative action or corresponding order in relation to heavy vehicle) .................................. Amendment of sch 3 (Reviewable decisions). . . . . . . . . . . . . . . . 22 22 23 23 26 26 27 28 29 30 31 31 33 34 34 34 35 36 37 38 38 39 41 41 2010 Act No. 13

Transport and Other Legislation Amendment Act 2010 Contents 21 Part 4 22 23 24 25 26 27 28 29 30 31 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Heavy vehicle speeding Amendment of s 26A (Further power to enter place of business in relation to heavy vehicle or prescribed dangerous goods vehicle) ....................................... Amendment of s 48A (Further power to require personal details for exercising power in relation to heavy vehicle or transport of dangerous goods) . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 49A (Direction to provide information about heavy vehicles and transport of dangerous goods) . . . . . . . . . . . Amendment of s 50AB (Power to require help to find and access particular documents or information) . . . . . . . . . . . . . . . . Amendment of s 57AB (Definitions for sdiv 2) . . . . . . . . . . . . . . . Amendment of s 57B (Further liability provisions for extended liability offences) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Replacement of ss 57DB and 57DC . . . . . . . . . . . . . . . . . . . . . . 57DB Matters court may consider for deciding whether person took all reasonable steps—particular offences about heavy vehicles . . . . . . . . . . . . . . . . . . 57DC When person regarded to have taken all reasonable steps—particular offences about heavy vehicles . . . . Amendment of s 57F (Proof of compliance with industry code of practice) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 57H (Criminal Code, s 24 does not apply to particular offences). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new ch 5D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chapter 5D Heavy vehicle speeding Part 1 Preliminary 163AA Main purpose of ch 5D . . . . . . . . . . . . . . . . . . . . . . . . 163AB Outline of the main features of ch 5D . . . . . . . . . . . . . 163AC Definitions for ch 5D . . . . . . . . . . . . . . . . . . . . . . . . . . Part 2 Particular duties and offences Division 1 Employers, prime contractors and operators 163AD Duty of employer, prime contractor or operator to ensure business practices will not cause driver to exceed speed limit etc. ................ 163AE Duty of employer not to cause driver to drive if particular requirements not complied with . . . . . . . . . 163AF Duty of prime contractor or operator not to cause driver to drive if particular requirements not complied with ......................... 41 42 43 43 44 44 45 46 47 49 51 51 51 52 52 53 54 55 55 2010 Act No. 13 Page 3

Transport and Other Legislation Amendment Act 2010 Contents 32 33 34 Part 5 35 36 37 38 39 Page 4 Division 2 Schedulers 163AG Duty to ensure driver’s schedule will not cause driver to exceed speed limit . . . . . . . . . . . . . . . . . . . . . . . . . 163AH Duty not to cause driver to drive if particular requirements not complied with . . . . . . . . . . . . . . . . . Division 3 Loading managers 163AI Duty of loading manager to ensure loading arrangements will not cause driver to exceed speed limit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 4 Particular consignors and consignees 163AJ Consignors to whom div 4 applies . . . . . . . . . . . . . . . 163AK Consignees to whom div 4 applies. . . . . . . . . . . . . . . 163AL Duty of consignor or consignee to ensure terms of consignment will not cause driver to exceed speed limit etc. ............................. 163AM Duty of consignor or consignee not to make a demand that may result in driver exceeding the speed limit ............................ Division 5 Particular requests etc. and contracts prohibited 163AN Who is a party in the chain of responsibility . . . . . . . . 163AO Particular requests etc. prohibited . . . . . . . . . . . . . . . 163AP Particular contracts etc. prohibited . . . . . . . . . . . . . . . Amendment of s 163D (Deciding whether person knew or ought reasonably to have known something) . . . . . . . . . . . . . . . . Replacement of s 163E (Objective reasonableness test to be used in deciding causation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163E Objective reasonableness test to be used in deciding causation . . . . . . . . . . . . . . . . . . . . . . . . . . . 163F Commission of heavy vehicle speeding offence is irrelevant to ch 5D, pt 2 prosecution . . . . . . . . . . . . . . Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Speed and redlight cameras Amendment of s 113 (Definitions for div 2) . . . . . . . . . . . . . . . . . Amendment of s 116 (Notice accompanying summons) . . . . . . . Amendment of s 118 (Photographic evidence—inspection and challenges) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 120 (Evidentiary provisions) . . . . . . . . . . . . . . . Insertion of new s 120A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120A Average speed of motor vehicle is evidence of actual speed in certain circumstances . . . . . . . . . . . . 56 57 57 58 58 59 60 60 61 61 62 62 62 64 64 66 66 67 67 68 68 2010 Act No. 13

40 41 42 Chapter 3 Part 1 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 Transport and Other Legislation Amendment Act 2010 Contents Amendment of s 124 (Facilitation of proof). . . . . . . . . . . . . . . . . . Amendment of s 124A (Additional ground of challenge not stated in written notice required under particular provisions) . . . . Insertion of new s 222 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 222 Transitional provisions relating to photographic detection devices . . . . . . . . . . . . . . . . . . . . . . . . . . . . Adult Proof of Age Card and New Queensland Driver Licensing amendments Amendment of Adult Proof of Age Card Act 2008 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Replacement of s 5 (What is an adult proof of age card) . . . . . . . 5 What is an adult proof of age card . . . . . . . . . . . . . . . Amendment of s 6 (Card is property of the State) . . . . . . . . . . . . Amendment of s 9 (Application for new card by electronic communication) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 11 (Decision on application) . . . . . . . . . . . . . . . Amendment of s 13 (Expiry of card). . . . . . . . . . . . . . . . . . . . . . . Insertion of new s 23A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23A Proof of giving documents . . . . . . . . . . . . . . . . . . . . . Amendment of s 30 (Restricted release of information in APA register) ..................................... Replacement of s 31 (Obtaining digital photo and digitised signature) ................................... 31 Obtaining digital photo and digitised signature. . . . . . 31A Extending shelf life of digital photo and digitised signature ............................ Amendment of s 32 (Using digital photo and digitised signature) Amendment of s 33 (Restricted access to digital photo) . . . . . . . Replacement of s 37 (Retention period for digital photo and digitised signature) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Retention period for digital photo and digitised signature ............................ Insertion of new s 47A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47A Keeping and using information obtained or kept under this Act or particular transport Acts . . . . . . . . . Amendment of s 49 (Regulation-making power) . . . . . . . . . . . . . Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 70 70 71 71 72 72 72 72 73 73 73 74 74 74 74 74 76 76 76 77 77 78 78 79 79 2010 Act No. 13 Page 5

Transport and Other Legislation Amendment Act 2010 Contents Part 2 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 Page 6 Amendment of Transport (New Queensland DriverLicensing) Amendment Act 2008 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 5 (Insertion of new ch 7, pt 5A) . . . . . . . . . . . . . Insertion of new ss 8A and 8B . . . . . . . . . . . . . . . . . . . . . . . . . . . 8A Replacement of ss 14–18. . . . . . . . . . . . . . . . . . . . . . 8B Amendment of s 19 (Permit for applicant for driver’s or assistant’s certificate) . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 9 (Insertion of new pt 3, divs 2 and 3) . . . . . . . . Insertion of new ss 9A–9D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9A Amendment of s 21F (Surrender of authority on authority holder’s request) . . . . . . . . . . . . . . . . . . . . . 9B Amendment of s 21G (Delivery of cancelled or suspended authority) . . . . . . . . . . . . . . . . . . . . . . . . . 9C Insertion of new s 34 . . . . . . . . . . . . . . . . . . . . . . . . . 9D Replacement of s 35 (Production of licence, certificate or permit) . . . . . . . . . . . . . . . . . . . . . . . . . . Replacement of s 11 (Amendment of s 43 (Regulation-making power)) .................................... 11 Amendment of s 43 (Regulation-making power) . . . . Insertion of new s 11A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11A Amendment of sch 1 (Reviewable decisions). . . . . . . Amendment of s 12 (Amendment of sch 2 (Dictionary)) . . . . . . . Replacement of s 14 (Amendment of s 62 (Grant, amendment and renewal of licences)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Amendment of s 62 (Grant, amendment and renewal of licences) . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new s 14A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14A Insertion of new s 63AA . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 15 (Insertion of new pt 5, divs 3A and 3B) . . . . Amendment of s 17 (Amendment of schedule (Dictionary)). . . . . Replacement of s 20 (Amendment of s 29 (Granting, renewing or refusing driver authorisation)) . . . . . . . . . . . . . . . . . . . . . . . . . 20 Amendment of s 29 (Granting, renewing or refusing driver authorisation) . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new s 20A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20A Insertion of new s 29AA . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 21 (Insertion of new s 34A) . . . . . . . . . . . . . . . . Amendment of s 22 (Insertion of new ch 4, pts 2 and 3) . . . . . . . 80 80 81 81 84 84 89 89 90 90 90 91 91 93 93 94 95 95 95 95 96 101 102 102 103 103 104 105 2010 Act No. 13

74 75 76 77 78 Part 3 79 80 81 82 83 Chapter 4 Part 1 84 85 86 87 Part 2 88 89 89A 89B 89C 90 Transport and Other Legislation Amendment Act 2010 Contents Amendment of s 24 (Amendment of sch 3 (Dictionary)) . . . . . . . Amendment of s 28 (Insertion of new ch 5, pt 3A) . . . . . . . . . . . . Insertion of new s 28A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28A Insertion of new s 126A . . . . . . . . . . . . . . . . . . . . . . . Replacement of s 30 (Amendment of s 150A (Regulating form of licence)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Replacement of s 150A (Regulating form of licence) . Amendment of s 31 (Amendment of sch 4 (Dictionary)) . . . . . . . Amendment of Transport Operations (Marine Safety) Act1994 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new s 62A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62A When licence is void. . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 63 (Cancellation, suspension and amendment of licences) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 202C (Licence cancelled when order made under s 202A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 202K (Variation of restrictions) . . . . . . . . . . . . . Other amendments Amendment of Transport Infrastructure Act 1994 Act amended in part and schedule. . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 84C (Effect on land of State toll road corridor land declaration) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 105J (Effect on land of local government tollway corridor land declaration) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 480 (Disposal of fees, penalties etc.) . . . . . . . . Amendment of Transport Operations (Marine Pollution) Act1995 Act amended in part and schedule. . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 45 (Definitions for pt 7) . . . . . . . . . . . . . . . . . . . Amendment of s 47 (Discharge of untreated sewage into nil discharge waters for untreated sewage prohibited) . . . . . . . . . . . Amendment of s 48 (Discharge of treated sewage into nil discharge waters for treated sewage prohibited) . . . . . . . . . . . . . Amendment of s 48A (Ship with fixed toilet operating in prescribed nil discharge waters to be able to hold or treat sewage) ...................................... Amendment of s 50A (Discharge of sewage by prescribed ships) ..................................... 109 110 114 114 114 114 117 118 118 118 118 118 118 119 119 119 119 121 121 121 121 122 122 2010 Act No. 13 Page 7

Transport and Other Legislation Amendment Act 2010 Contents 91 92 93 94 Part 3 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 Amendment of s 55AA (Placard about garbage disposal requirements) ................................ Amendment of s 97 (Definitions for division) . . . . . . . . . . . . . . . . Insertion of new pt 17, div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 5 Transitional provision for Transport and Other Legislation Amendment Act 2010 159 Amendment of regulation by Transport and Other Legislation Amendment Act 2010 does not affect powers of Governor in Council . . . . . . . . . . . . . . . . . . Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . Amendment of the Transport Operations (Marine Pollution)Regulation 2008 Regulation amended in part and schedule. . . . . . . . . . . . . . . . . . Omission of s 4 (MARPOL) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 6 (Meaning of words and expressions in pt 2). . Amendment of s 9 (Conditions for discharge of oil other than oil from machinery space bilges) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 16 (Form of oil record book) . . . . . . . . . . . . . . . Amendment of s 34 (Form of cargo record book) . . . . . . . . . . . . Amendment of s 44 (Nil discharge waters for untreated sewage—Act, s 47) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 47 (Nil discharge waters for treated sewage or untreated sewage—Act, s 49) . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 53 (Ship must be fitted with macerator). . . . . . . Amendment of pt 12, div 2, hdg (Analyst’s reports and forms). . . Insertion of new pt 12, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 3 Miscellaneous 96A Area prescribed for Act, schedule, definition designated area, paragraph (d) . . . . . . . . . . . . . . . . . Omission of sch 1 (MARPOL) . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 4 (Nil discharge waters for untreated sewage) ................................... Amendment of sch 6 (Nil discharge waters for treated sewage or untreated sewage from declared ship) . . . . . . . . . . . . . . . . . . . Amendment of sch 8 (Areas within the Great Barrier Reef Coast Marine Park that are designated areas) . . . . . . . . . . . . . . . . . . . . Amendment of sch 9 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Renumbering of schs 2–9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123 124 124 124 124 126 126 126 126 126 127 127 127 127 128 128 128 128 128 129 129 129 129 Page 8 2010 Act No. 13

Transport and Other Legislation Amendment Act 2010 Contents Part 4 112 113 Part 5 Division 1 114 Division 2 115 116 117 118 Division 3 119 120 121 122 123 124 Amendment of Transport Operations (Marine Safety) Act1994 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 201 (Evidentiary provisions) . . . . . . . . . . . . . . . Amendment of Transport Operations (Passenger Transport)Act 1994 Preliminary Act amended in part and schedule. . . . . . . . . . . . . . . . . . . . . . . . Amendment of provisions relocated from TransportOperations (TransLink Transit Authority) Act 2008 Amendment of s 67B (Declaration of special event) . . . . . . . . . . Amendment of s 67C (Coordination power for mass transit services to special events) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 67D (TransLink approval required for special event services) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 67E (Special event approvals). . . . . . . . . . . . . . Other amendments Insertion of new ch 6, pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 4 Special events Division 1 Special events in TransLink area Division 2 Special events in non-TransLink area 67F Declaration of special event . . . . . . . . . . . . . . . . . . . . 67G Coordination power for scheduled passenger services to special events. . . . . . . . . . . . . . . . . . . . . . 67H Chief executive’s approval required for special event services ............................ 67I Special event approvals . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 113D (Transit officer must not be under the influence of alcohol or drugs) . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 113G (Revocation of appointment of transit officer) ..................................... Replacement of ss 116 and 117. . . . . . . . . . . . . . . . . . . . . . . . . . 116 Chief executive may require transit officer to undergo alcohol test or drug test . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 129ZD (Amendment or revocation of exclusion order generally) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new ch 13, pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 9 Transitional provisions for Transport and OtherLegislation Amendment Act 2010 Division 1 Provisions for relocated provisions 130 130 130 131 131 131 131 132 132 133 133 134 134 134 135 135 136 136 2010 Act No. 13 Page 9

Transport and Other Legislation Amendment Act 2010 Contents 125 Part 6 126 127 129 130 Part 7 131 132 133 134 135 Part 8 136 137 Part 9 138 Schedule Part 1 Page 10 184 Relocation of TransLink Act provisions. . . . . . . . . . . . Division 2 Other provisions 185 Provision for s 67B . . . . . . . . . . . . . . . . . . . . . . . . . . . 186 Provision for s 67D . . . . . . . . . . . . . . . . . . . . . . . . . . . 187 Deferral of application of s 67H for particular contracts and arrangements for special event services ............................. Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Transport Operations (Road UseManagement) Act 1995 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 66 (Local laws etc.) . . . . . . . . . . . . . . . . . . . . . . Insertion of new ch 7, pt 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 15 Transitional provisions for Transport and Other Legislation Amendment Act 2010 221 Declaration for s 66(3)(k) . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Transport Operations (TransLink TransitAuthority) Act 2008 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Relocation of ss 47–50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Omission of pt 7, hdg (Special events). . . . . . . . . . . . . . . . . . . . . Omission of s 57 (Deferral of application of s 49 for particular contracts and arrangements for special event services) . . . . . . . Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Transport Planning and Coordination Act1994 Act amended in part and schedule. . . . . . . . . . . . . . . . . . . . . . . . Insertion of new ss 36F and 36G . . . . . . . . . . . . . . . . . . . . . . . . . 36F Keeping and using information obtained or kept under particular transport Acts or Adult Proof of Age Card Act 2008 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36G Smartcard transport authority. . . . . . . . . . . . . . . . . . . Minor and consequential amendments Acts amended in schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendments commencing on date of assent Acts Interpretation Act 1954 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Maritime Safety Queensland Act 2002 . . . . . . . . . . . . . . . . . . . . . 137 138 138 139 139 140 140 140 141 141 142 142 142 142 142 143 143 143 144 145 146 146 146 2010 Act No. 13

Part 2 Transport and Other Legislation Amendment Act 2010 Contents Transport Infrastructure Act 1994 . . . . . . . . . . . . . . . . . . . . . . . . . Transport Legislation Amendment Act 2007. . . . . . . . . . . . . . . . . Transport Operations (Marine Pollution) Act 1995 . . . . . . . . . . . . Transport Operations (Marine Pollution) Regulation 2008 . . . . . . Transport Operations (Passenger Transport) Act 1994 . . . . . . . . Transport Operations (Road Use Management) Act 1995 . . . . . . Transport Operations (TransLink Transit Authority) Act 2008 . . . . Transport Planning and Coordination Act 1994 . . . . . . . . . . . . . . Transport Security (Counter-Terrorism) Act 2008. . . . . . . . . . . . . Other amendments Transport Operations (Road Use Management) Act 1995 . . . . . . 147 149 149 152 154 156 163 163 164 164 2010 Act No. 13 Page 11

Queensland Transport and Other Legislation Amendment Act 2010 Act No. 13 of 2010 An Act to amend the Adult Proof of Age Card Act 2008, the TransportInfrastructure Act 1994, the Transport (New Queensland Driver Licensing)Amendment Act 2008, the Transport Operations (Marine Pollution) Act 1995, the Transport Operations (Marine Pollution) Regulation 2008, the TransportOperations (Marine Safety) Act 1994, the Transport Operations (PassengerTransport) Act 1994, the Transport Operations (Road Use Management) Act1995, the Transport Operations (TransLink Transit Authority) Act 2008 and the Transport Planning and Coordination Act 1994 for particular purposes, and to make consequential or minor amendments of Acts as stated in the schedule for particular purposes [Assented to 1 April 2010]

Transport and Other Legislation Amendment Act 2010 Chapter 1 Preliminary [s 1] The Parliament of Queensland enacts— Chapter 1 Preliminary 1 Short title This Act may be cited as the Transport and Other Legislation Amendment Act 2010 . 2 Commencement (1) Subject to subsections (2) and (3), this Act commences on a day to be fixed by proclamation. (2) The following provisions commence on the date of assent— (a) chapter 2, part 5; (b) chapter 3, parts 1 and 2; (c) chapter 4, other than part 8; (d) schedule, part 1. (3) Chapter 4, part 5, division 2 commences immediately after the commencement of section 132. Page 14 2010 Act No. 13

Transport and Other Legislation Amendment Act 2010 Chapter 2 Amendment of Transport Operations (Road Use Management) Act 1995—road safety reforms Part 1 Preliminary [s 3] Chapter 2 Amendment of TransportOperations (Road UseManagement) Act1995—road safety reforms Part 1 Preliminary 3 Act amended in chapter and schedule This chapter and the schedule, parts 1 and 2 amend the Transport Operations (Road Use Management) Act 1995 . Part 2 No alcohol limit 4 Amendment of s 79 (Vehicle offences involving liquor or other drugs) (1) Section 79(1D), (1E), (2F), (2G), (2H), (2I), (4), (4A), (6)(a)(iv)(B) and (d) and (9), ‘or (2J)’— omit, insert — ‘, (2J), (2K) or (2L)’. (2) Section 79(2A), ‘who is under 25 years,’— omit . (3) Section 79(2C)— insert — ‘(g) a specially constructed vehicle within the meaning of the driver licensing regulation; 2010 Act No. 13 Page 15

Transport and Other Legislation Amendment Act 2010 Chapter 2 Amendment of Transport Operations (Road Use Management) Act 1995—road safety reforms Part 2 No alcohol limit [s 4] (h) a tractor that is not a specially constructed vehicle mentioned in paragraph (g).’. (4) Section 79— insert — ‘(2K) Offence for class RE licence holders if riding etc. a motorbike while over no alcohol limit but not over general alcohol limit A person who is the holder of a class RE licence, while the person is over the no alcohol limit but not over the general alcohol limit, must not— (a) ride a motorbike; or (b) attempt to put a motorbike in motion; or (c) be in charge of a motorbike; unless the person has held a valid class RE licence for a period of least 1 year during the previous 5-year period. Maximum penalty—14 penalty units or 3 months imprisonment. Note — See subsections (2) and (2B) for offences relating to driving other motor vehicles. ‘(2L) Offence for class RE licence holders if learning to ride etc. a class R motorbike while over no alcohol limit but not over general alcohol limit A person who is the holder of a class RE licence, while the person is over the no alcohol limit but is not over the general alcohol limit, must not— (a) learn to ride a class R motorbike; or (b) attempt to put a class R motorbike in motion; or (c) be in charge of a class R motorbike. Maximum penalty—14 penalty units or 3 months imprisonment. Page 16 2010 Act No. 13

Transport and Other Legislation Amendment Act 2010 Chapter 2 Amendment of Transport Operations (Road Use Management) Act 1995—road safety reforms Part 2 No alcohol limit [s 5] ‘(2M) Definitions for subsections (2K) and (2L) In subsections (2K) and (2L), where a following defined term appears— class RE licence — (a) means a class RE provisional, probationary or open licence within the meaning of the driver licensing regulation; and (b) includes a licence issued under a law of another State, the Commonwealth or another country corresponding to a licence mentioned in paragraph (a). class R motorbike means a class R motorbike within the meaning of the driver licensing regulation. valid , in relation to a class RE licence, means— (a) the licence has not expired; or (b) the licence has not been cancelled or suspended; or (c) the licensee is not disqualified, by order of an Australian court, from holding or obtaining a driver licence.’. (5) Section 79(6), ‘or (2J)(c)’— omit, insert— ‘, (2J)(c), (2K)(c) or (2L)(c)’. (6) Section 79(11), ‘(2J)’— omit, insert— ‘(2L)’. 5 Amendment of s 79B (Immediate suspension or disqualification) Section 79B(1)(c) and (ca), ‘or (2J)’— omit, insert — ‘, (2J), (2K) or (2L)’. 2010 Act No. 13 Page 17

Transport and Other Legislation Amendment Act 2010 Chapter 2 Amendment of Transport Operations (Road Use Management) Act 1995—road safety reforms Part 2 No alcohol limit [s 6] 6 Amendment of s 80 (Breath and saliva tests, and analysis and laboratory tests) Section 80(6)(aa), (22)(a) and (22)(c)(i), ‘or (2J)’— omit, insert — ‘, (2J), (2K) or (2L)’. 7 Amendment of s 81 (Notices to offenders for certain first offences) Section 81(1)(a), ‘or (2D),’— omit, insert — ‘(2D), (2K) or (2L),’. 8 Amendment of s 86 (Disqualification of drivers of motor vehicles for certain offences) Section 86(1)(b), (1F), (1G), (2), (2B), (2D), (2F), (3E) and (3F), ‘or (2J)’— omit, insert — ‘, (2J), (2K) or (2L)’. 9 Amendment of s 87 (Issue of restricted licence to disqualified person) Section 87(5)(da), (db)(ii) and (dc)(ii), ‘or (2J)’— omit, insert — ‘, (2J), (2K) or (2L)’. 10 Amendment of s 90A (Definitions for ss 90B–90D) (1) Section 90A, definition designated offence , paragraph (a)(ii), ‘or (2J)’— omit, insert — ‘, (2J), (2K) or (2L)’. Page 18 2010 Act No. 13

Transport and Other Legislation Amendment Act 2010 Chapter 2 Amendment of Transport Operations (Road Use Management) Act 1995—road safety reforms Part 3 Alcohol ignition interlocks [s 11] (2) Section 90A, definition drink driving offence, paragraph (a)(iii), ‘or (2J)’— omit, insert — ‘, (2J), (2K) or (2L)’. Part 3 Alcohol ignition interlocks 11 Replacement of s 17A (Definition) Section 17A— omit, insert — ‘17A Meaning of approval for pt 1A ‘(1) This section applies for part 1A. ‘(2) An approval includes an accreditation, administrative determination, certificate, consent, exemption, licence, permit and registration given or granted by the chief executive under this Act. ‘(3) However, an approval does not include the following— (a) an approval under section 166; (b) a Queensland driver licence; (c) an authorised scheme under chapter 5, part 7A; (d) the authorisation, under chapter 5, part 7A, of a person to perform a role under an authorised scheme; (e) an exemption under section 153. ‘(4) Despite subsection (3)(b), an approval includes an interlock exemption.’. 2010 Act No. 13 Page 19

Transport and Other Legislation Amendment Act 2010 Chapter 2 Amendment of Transport Operations (Road Use Management) Act 1995—road safety reforms Part 3 Alcohol ignition interlocks [s 12] 12 Amendment of s 18 (Grounds for amending, suspending or cancelling approvals) (1) Section 18(1)(o)— renumber as section 18(1)(q). (2) Section 18(1)— insert — ‘(o) for an approval that is an interlock exemption—a change in circumstances has happened after the exemption was granted and, had the changed circumstances existed when the exemption was granted, it would not have been granted because of the requirements under section 91Q(3) applying to the grant; (p) for an approval that is an interlock exemption—the holder of the approval has failed to comply with a restriction applying to the approval;’. (3) Section 18(2)— insert — ‘ change in circumstances , for a person granted an interlock exemption because of circumstances mentioned in section 91Q(3)(a), does not include the establishment of a prescribed interlock installer’s place of business near the person’s place of residence.’. 13 Amendment of s 60 (Evidentiary aids) Section 60(2)(t)— insert — ‘(iii) of a relevant change of circumstances under section 91Y;’. 14 Amendment of s 78 (Driving of motor vehicle without a driver licence prohibited) (1) Section 78(1A), after ‘ 1999 ’— Page 20 2010 Act No. 13

Transport and Other Legislation Amendment Act 2010 Chapter 2 Amendment of Transport Operations (Road Use Management) Act 1995—road safety reforms Part 3 Alcohol ignition interlocks [s 14] insert — ‘( infringement notice )’. (2) Section 78(1A)— insert — ‘(c) subsections (1B) to (1D) do not prevent the infringement notice being issued to the person.’. (3) Section 78— insert — ‘(1B) An infringement notice can not be issued to a person for a contravention of subsection (1) if— (a) the person has, in the 2 years before the contravention, been a person mentioned in section 91J(1); and (b) the person did not become an interlock driver because a Queensland driver licence was not granted to the person after the person’s disqualification period mentioned in that section ended. ‘(1C) Subject to subsection (1D), an infringement notice can not be issued to a person for a contravention of subsection (1) if— (a) the person had been an interlock driver; but (b) at the time of the contravention— (i) the person did not hold a valid Queensland driver licence; and (ii) the person’s interlock period had not ended. ‘(1D) An infringement notice may be issued to a person mentioned in subsection (1C) whose Queensland driver licence expired within 4 weeks before the contravention mentioned in the subsection.’. (4) Section 78(3)— insert — ‘(j) if the person committed the offence while the person was a person mentioned in subsection (1B) or (1C)—for 2010 Act No. 13 Page 21

Transport and Other Legislation Amendment Act 2010 Chapter 2 Amendment of Transport Operations (Road Use Management) Act 1995—road safety reforms Part 3 Alcohol ignition interlocks [s 15] a period, of at least 1 month but not more than 6 months, decided by the court.’. 15 Amendment of s 79 (Vehicle offences involving liquor or other drugs) (1) Section 79(2J), after ‘79E driver’— insert — ‘or interlock driver’. (2) Section 79— insert — ‘(13) In this section— attempts to put in motion , a motor vehicle, for an interlock driver, does not, subject to subsection (14), include an attempt to put in motion a motor vehicle nominated by the interlock driver under section 91L and fitted with a prescribed interlock. in charge of , a motor vehicle, for an interlock driver, does not, subject to subsection (14), include being in charge of a motor vehicle nominated by the interlock driver under section 91L and fitted with a prescribed interlock. ‘(14) The definitions in subsection (13) do not restrict the operation of subsection (1) or (2AA) in so far as the interlock driver attempts to put in motion, or is in charge of, a motor vehicle while under the influence of a drug or while a relevant drug is present in the person’s blood or saliva.’. 16 Amendment of s 90A (Definitions for ss 90B–90D) (1) Section 90A, definition designated offence , paragraph (a)— insert — ‘(iv) section 91W(1) for which paragraph (a)(i) or (ii) of the penalty for the offence applies; or (v) section 91X(1); or’. Page 22 2010 Act No. 13

Transport and Other Legislation Amendment Act 2010 Chapter 2 Amendment of Transport Operations (Road Use Management) Act 1995—road safety reforms Part 3 Alcohol ignition interlocks [s 17] (2) Section 90A, definition drink driving offence , paragraph (a)(vi)— renumber as paragraph (a)(viii). (3) Section 90A, definition drink driving offence , paragraph (a)— insert — ‘(vi) section 91W(1) for which paragraph (a)(i) or (ii) of the penalty for the offence applies; or (vii) section 91X(1); or’. (4) Section 90A, definition relevant disqualifying provision , paragraphs (e) and (f)— renumber as paragraphs (g) and (h). (5) Section 90A, definition relevant disqualifying provision — insert — ‘(e) section 91W(2); or (f) section 91X(2); or’. 17 Insertion of new ch 5, pt 3B Chapter 5— insert — ‘Part 3B Alcohol ignition interlocks ‘Division 1 Preliminary ‘91I Definitions for pt 3B ‘In this part— alcohol ignition interlock means a device that, when fitted to a motor vehicle, prevents the vehicle from being started unless the device is provided with a specimen of a person’s breath 2010 Act No. 13 Page 23

Transport and Other Legislation Amendment Act 2010 Chapter 2 Amendment of Transport Operations (Road Use Management) Act 1995—road safety reforms Part 3 Alcohol ignition interlocks [s 17] Page 24 containing either no alcohol or less than a particular concentration of alcohol. approved means approved under a regulation. disqualification period see section 91J(1). drink driving offence means any of the following— (a) an offence against section 78(1) for which the offender was disqualified under section 78(3)(j) from holding or obtaining a Queensland driver licence for a particular period; (b) an offence against section 79(1), involving a motor vehicle, while under the influence of liquor; (c) an offence under section 80(11), involving a motor vehicle, in relation to failing to provide— (i) a specimen of breath for analysis; or (ii) a specimen of blood for a laboratory test if the requisition to which the failure relates was made for the purpose of determining the concentration of alcohol (if any) in the person’s blood; (d) an offence against the Criminal Code, section 328A(1) or (4), involving a motor vehicle, when accompanied by the circumstance of aggravation that at the time of committing the offence the offender was adversely affected by alcohol; (e) an offence against section 91W(1) for which paragraph (a)(i) or (ii) of the penalty for the offence applies; (f) an offence against section 91X(1); (g) an offence against section 79(2), (2A), (2B), (2J), (2K) or (2L) involving a motor vehicle and committed within 5 years after the offender was previously convicted of— (i) an offence against any of those provisions committed after the commencement of this definition; or 2010 Act No. 13

Transport and Other Legislation Amendment Act 2010 Chapter 2 Amendment of Transport Operations (Road Use Management) Act 1995—road safety reforms Part 3 Alcohol ignition interlocks [s 17] (ii) an offence mentioned in any of paragraphs (a) to (f) committed after the commencement of this definition. exemption certificate see section 91R(3). interlock means an alcohol ignition interlock. interlock condition see section 91K(1). interlock driver — (a) means a person whose Queensland driver licence is subject to the interlock condition; and (b) includes a person who has an interlock exemption. interlock exemption means an exemption, granted under section 91Q, from the application of the interlock condition while the exemption has effect. interlock period see section 91M. nominated vehicle , for a person, means a motor vehicle nominated by the person under section 91L. nominated vehicle fitted with a prescribed interlock , for a person, includes a vehicle fitted with an interlock in compliance by the person with a non-Queensland interlock requirement. non-Queensland interlock period means the period during which a person, under a non-Queensland interlock requirement, may drive only a motor vehicle fitted with an alcohol ignition interlock. non-Queensland interlock requirement means a requirement under, or imposed under, a law of another jurisdiction allowing a person to drive only a motor vehicle fitted with an alcohol ignition interlock during a particular period. prescribed interlock means an approved interlock provided by a person who is an approved interlock provider and installed and maintained by a prescribed interlock installer. 2010 Act No. 13 Page 25

Transport and Other Legislation Amendment Act 2010 Chapter 2 Amendment of Transport Operations (Road Use Management) Act 1995—road safety reforms Part 3 Alcohol ignition interlocks [s 17] prescribed interlock installer means a person with whom an approved interlock provider has an arrangement for the person to install or maintain approved interlocks provided by the provider. prescribed period see section 91N(1). ‘Division 2 Interlock condition ‘91J Persons to whom div 2 applies ‘(1) This division applies to a person who— (a) is convicted of a drink driving offence committed after the commencement of this section; and (b) is disqualified, other than under a prescribed provision, by or because of the conviction or offence, or under the penalty imposed for the offence, for a particular period (the disqualification period ) from holding or obtaining a Queensland driver licence. ‘(2) This division also applies to a person who is subject to a non-Queensland interlock requirement. ‘(3) Despite subsection (2), this division does not apply to a person mentioned in the subsection if, were this division to apply to the person, the person’s interlock period would have ended under section 91M. ‘(4) In this section— prescribed provision means section 79B(4), 81(4)(b), 89(1) or 90(1). ‘91K Interlock condition ‘(1) A Queensland driver licence granted to a person mentioned in section 91J(1) after the person’s disqualification period ends is subject to the condition ( interlock condition ) that, during Page 26 2010 Act No. 13

Transport and Other Legislation Amendment Act 2010 Chapter 2 Amendment of Transport Operations (Road Use Management) Act 1995—road safety reforms Part 3 Alcohol ignition interlocks [s 17] the interlock period applying to the person, the person may drive only— (a) if paragraph (b) or (c) does not apply—a motor vehicle that is a nominated vehicle fitted with a prescribed interlock; or (b) when the person is receiving driver training from a person accredited as a driver trainer under a regulation— (i) a motor vehicle mentioned in paragraph (a); or (ii) a motor vehicle provided by the accredited driver trainer; or (c) when the person is taking a practical driving test under the driver licensing regulation—any motor vehicle. ‘(2) A Queensland driver licence granted to a person mentioned in section 91J(2) during the person’s non-Queensland interlock period is subject to the interlock condition. ‘91L Nomination of vehicle ‘(1) For section 91K(1)(a), a person— (a) may nominate only a motor vehicle of a class the person is authorised to drive under the person’s Queensland driver licence; and (b) may nominate more than 1 motor vehicle. Examples — • the person’s own motor vehicle • a motor vehicle owned by the person’s spouse, friend or employer ‘(2) A particular vehicle can not be the nominated vehicle for more than 1 person unless a regulation provides for identifying the driver of the vehicle at a particular time. 2010 Act No. 13 Page 27

Transport and Other Legislation Amendment Act 2010 Chapter 2 Amendment of Transport Operations (Road Use Management) Act 1995—road safety reforms Part 3 Alcohol ignition interlocks [s 17] Example of what a regulation may provide for — a scheme involving the driver using a PIN or swipe card or keeping a logbook ‘(3) The nomination must be made in the approved form to the chief executive. ‘91M Interlock period ‘The interlock period is the period— (a) starting— (i) for a person mentioned in section 91J(1)—when the person’s disqualification period ends; or (ii) for a person mentioned in section 91J(2)—when the person’s non-Queensland interlock period starts; and (b) ending when whichever of the following happens first— (i) a period of 2 years elapses after— (A) for a person mentioned in section 91J(1)—the person’s disqualification period ended; or (B) for a person mentioned in section 91J(2)—the person was first issued with a non-Queensland driver licence after becoming subject to a non-Queensland interlock requirement of the jurisdiction that issued the licence; (ii) the person’s prescribed period ends; (iii) the day, if any, the person’s Queensland driver licence is cancelled under section 127 because of a disqualification for a drink driving offence. Note — If a person’s interlock period ends under subparagraph (iii)— Page 28 2010 Act No. 13

Transport and Other Legislation Amendment Act 2010 Chapter 2 Amendment of Transport Operations (Road Use Management) Act 1995—road safety reforms Part 3 Alcohol ignition interlocks [s 17] (a) the interlock condition ends under section 91O; and (b) any interlock exemption relating to the person stops having effect under section 91S(d); and (c) section 91K may apply in relation to the disqualification mentioned in the subparagraph. ‘91N Prescribed period ‘(1) The prescribed period for a person is the period of 12 months during which— (a) the person held a valid Queensland driver licence and had— (i) a nominated vehicle fitted with a prescribed interlock; or (ii) an interlock exemption that had effect; or (b) the person, while driving under the authority of a valid non-Queensland driver licence— (i) complied with a non-Queensland interlock requirement; or (ii) had an exemption from the non-Queensland interlock requirement that had effect; or (c) the person satisfied paragraph (a) for part of the period and satisfied paragraph (b) for the balance of the period. Example — The prescribed period may comprise 3 months during which the person satisfies paragraph (a)(i), 3 months during which the person satisfies paragraph (a)(ii), 3 months during which the person satisfies paragraph (b)(i) and 3 months during which the person satisfies paragraph (b)(ii). ‘(2) However, if a person’s prescribed period is extended under division 4, the prescribed period for the person is the period comprising— (a) the period of 12 months mentioned in subsection (1); and 2010 Act No. 13 Page 29

Transport and Other Legislation Amendment Act 2010 Chapter 2 Amendment of Transport Operations (Road Use Management) Act 1995—road safety reforms Part 3 Alcohol ignition interlocks [s 17] (b) each period— (i) by which the period mentioned in subsection (1) is extended under division 4; and (ii) during which the person meets the requirements of subsection (1)(a), (b) or (c). Example — If a person’s prescribed period is extended under division 4 for a period of 3 months, the person’s prescribed period is the period of 15 months during which the person meets the requirements of subsection (1)(a), (b) or (c). ‘(3) The prescribed period need not be continuous. ‘(4) In this section— valid means— (a) in relation to a Queensland driver licence— (i) the licence has not expired; or (ii) the licence has not been cancelled or suspended; or (iii) the licensee is not disqualified from holding or obtaining a Queensland driver licence; or (b) in relation to a non-Queensland driver licence— (i) the licence has not expired; or (ii) the licence has not been cancelled or suspended; or (iii) the licensee is not disqualified from holding or obtaining the licence in the jurisdiction in which it may be issued. ‘91O When interlock condition ends ‘The interlock condition ends when the interlock period ends. Page 30 2010 Act No. 13

Transport and Other Legislation Amendment Act 2010 Chapter 2 Amendment of Transport Operations (Road Use Management) Act 1995—road safety reforms Part 3 Alcohol ignition interlocks [s 17] ‘Division 3 Interlock exemption ‘91P Applying for interlock exemption ‘(1) A person mentioned in section 91J(1) may apply to the chief executive for an interlock exemption. ‘(2) The application can not be made sooner than 6 weeks before the end of the person’s disqualification period. ‘(3) A person mentioned in section 91J(2) may, at any time, apply to the chief executive for an interlock exemption. ‘(4) An application under subsection (1) or (3) must be made in the approved form and be accompanied by the fee prescribed under a regulation. ‘91Q Deciding application for interlock exemption ‘(1) The chief executive— (a) must decide an application for an interlock exemption in the prescribed 28-day period; and (b) must grant or refuse to grant the exemption. ‘(2) If the chief executive grants the exemption, the chief executive may impose restrictions applying to the exemption. ‘(3) The chief executive may only grant an interlock exemption if the chief executive is satisfied— (a) that the shortest reasonable distance using a motor vehicle, or shortest reasonable travelling time using a motor vehicle, between the applicant’s place of residence and the nearest place of business of a prescribed interlock installer is greater than the distance or time prescribed under a regulation; or (b) that, as evidenced by a doctor’s certificate provided to the chief executive, the applicant has a medical condition preventing the applicant from providing a 2010 Act No. 13 Page 31

Transport and Other Legislation Amendment Act 2010 Chapter 2 Amendment of Transport Operations (Road Use Management) Act 1995—road safety reforms Part 3 Alcohol ignition interlocks [s 17] sufficient breath sample to operate an approved interlock; or (c) of another matter prescribed under a regulation for this subsection. ‘(4) If the chief executive reasonably believes further information or documents are required to make a decision about the application, the chief executive may give the applicant a written notice requesting the applicant, within a stated period of at least 28 days, to give further information or documents relevant to the application. ‘(5) If the applicant does not comply with a notice given under subsection (4), the chief executive may declare, by further written notice given to the applicant, that the application is taken to be withdrawn on a day stated in the notice. ‘(6) A notice given under subsection (5) must state— (a) the reasons for the decision to make the declaration; and (b) the prescribed review information for the decision. ‘(7) If the chief executive does not decide the application within the prescribed 28-day period, the chief executive is taken to have made a decision (a deemed decision ) refusing to grant the exemption on the last day of the period. ‘(8) Despite subsection (7), the chief executive may continue to consider the application and make a considered decision in relation to it. ‘(9) If a considered decision is made, the considered decision replaces any deemed decision for the purposes of this Act. ‘(10) As soon as practicable after a deemed decision or considered decision is made, the chief executive must give the applicant a written notice stating— (a) the prescribed review information for the decision; and (b) for a considered decision, the reasons for the decision. Note — Sections 65 and 65A provide for the review of the decision. Page 32 2010 Act No. 13

Transport and Other Legislation Amendment Act 2010 Chapter 2 Amendment of Transport Operations (Road Use Management) Act 1995—road safety reforms Part 3 Alcohol ignition interlocks [s 17] ‘(11) In this section— considered decision means a decision in accordance with subsection (3). prescribed 28-day period means the later of the following periods— (a) 28 days after the chief executive receives the application; (b) 28 days after the chief executive receives further information or documents about the application under subsection (4). ‘91R Decision on application and exemption certificate ‘(1) The chief executive must inform an applicant for an interlock exemption of the chief executive’s decision on the application by written notice. ‘(2) If the chief executive decides to grant the exemption, the written notice must contain a brief statement of— (a) the matters of which the chief executive was satisfied under section 91Q(3); and (b) the matters in relation to which the person must notify the chief executive, under section 91Y, of any change. ‘(3) Also, if the chief executive decides to grant the exemption, the chief executive must give the applicant a certificate about the exemption (the exemption certificate ). ‘(4) The exemption certificate must be in the approved form and must state— (a) the exemption’s expiry date; and (b) any restrictions applying to the exemption; and (c) to the extent it is relevant, the information mentioned in section 91S. ‘(5) If the chief executive decides to refuse to grant the exemption, the notice must state— 2010 Act No. 13 Page 33

Transport and Other Legislation Amendment Act 2010 Chapter 2 Amendment of Transport Operations (Road Use Management) Act 1995—road safety reforms Part 3 Alcohol ignition interlocks [s 17] (a) the reasons for the decision; and (b) the prescribed review information for the decision. ‘91S When interlock exemption stops having effect ‘A person’s interlock exemption stops having effect when whichever of the following happens first— (a) the expiry date stated on the exemption certificate; (b) 14 days elapse after the person gives the chief executive a notice under section 91Y; (c) the exemption is cancelled under section 19; Note — Section 19 provides the procedure for cancelling an approval which, as defined in section 17A, includes an interlock exemption. (d) the interlock period ends. ‘91T What happens when interlock exemption stops having effect ‘When a person’s interlock exemption stops having effect, the interlock condition of the person’s Queensland driver licence applies to its full extent for the remainder of the person’s interlock period. ‘Division 4 Extending interlock driver’s prescribed period ‘91U Grounds for extending prescribed period ‘(1) It is a ground for extending an interlock driver’s prescribed period if— Page 34 2010 Act No. 13

Transport and Other Legislation Amendment Act 2010 Chapter 2 Amendment of Transport Operations (Road Use Management) Act 1995—road safety reforms Part 3 Alcohol ignition interlocks [s 17] (a) the person drove a nominated vehicle for the person without first providing the vehicle’s prescribed interlock with a specimen of the person’s breath; or (b) the person drove a nominated vehicle for the person when the person knew, or ought reasonably to have known, the vehicle’s prescribed interlock was not operating properly; or (c) the person drove a nominated vehicle for the person when the person knew, or ought reasonably to have known that the vehicle’s prescribed interlock had been interfered with. ‘(2) In this section— interfered with includes tampered with, damaged, destroyed and removed. ‘91V Procedure for extending prescribed period ‘(1) If the chief executive considers a ground exists to extend an interlock driver’s prescribed period (the proposed action ), the chief executive may give the person a written notice (the show cause notice ). ‘(2) The show cause notice must— (a) state the proposed action; and (b) state the ground for the proposed action; and (c) outline the facts and circumstances forming the basis for the ground; and (d) state the period, of not more than 3 months, by which the prescribed period is to be extended; and (e) invite the person to show cause, within a stated time of at least 28 days, why the proposed action should not be taken. ‘(3) The chief executive may, before or after the end of the time stated in the show cause notice, extend the time within which the person may show cause. 2010 Act No. 13 Page 35

Transport and Other Legislation Amendment Act 2010 Chapter 2 Amendment of Transport Operations (Road Use Management) Act 1995—road safety reforms Part 3 Alcohol ignition interlocks [s 17] ‘(4) If, after considering any personal or written representations made within the time stated or allowed, the chief executive still considers a ground exists to take the proposed action, the chief executive may extend the prescribed period for a period not longer than the period stated in the show cause notice. ‘(5) The chief executive must give the person written notice of the decision stating the following— (a) the period for which the prescribed period is extended; (b) the reasons for the decision; (c) the prescribed review information for the decision. ‘Division 5 Offences ‘91W Driving a motor vehicle other than as allowed under an interlock condition ‘(1) An interlock driver must not drive a motor vehicle that is a prohibited vehicle for the person, unless the person has an interlock exemption that has effect. Maximum penalty— (a) if the motor vehicle driven by the person was not fitted with a prescribed interlock, whether or not it was a nominated vehicle for the person— (i) for a first conviction—28 penalty units; or (ii) for a conviction within 5 years after a previous conviction to which the circumstance mentioned in this paragraph applies—60 penalty units; or (b) if the motor vehicle driven by the person was not a nominated vehicle for the person but was fitted with a prescribed interlock—28 penalty units. ‘(2) If the court convicts a person of an offence against subsection (1), the court, in addition to imposing a penalty, must Page 36 2010 Act No. 13

Transport and Other Legislation Amendment Act 2010 Chapter 2 Amendment of Transport Operations (Road Use Management) Act 1995—road safety reforms Part 3 Alcohol ignition interlocks [s 17] disqualify the person from holding or obtaining a Queensland driver licence for the following period— (a) for a conviction mentioned in paragraph (a)(i) of the penalty—3 months; (b) for a conviction mentioned in paragraph (a)(ii) of the penalty—6 months. ‘(3) Subsection (4) applies if a police officer reasonably suspects an interlock driver is, or has been, driving a prohibited vehicle for the person. ‘(4) If asked by the police officer whether the person may drive the vehicle under the interlock condition of the person’s Queensland driver licence, the person must produce for inspection an exemption certificate given to the person under section 91Q for an interlock exemption that has effect, unless the person has a reasonable excuse for not complying with the request. Maximum penalty—28 penalty units. ‘(5) Without limiting the matters that may be a reasonable excuse for subsection (4), it is a reasonable excuse if the person has not been given an exemption certificate under section 91R. ‘(6) In this section— conviction means a conviction for an offence against subsection (1). prohibited vehicle , for a person, means a motor vehicle other than a motor vehicle the person may drive under the interlock condition of the person’s Queensland driver licence. ‘91X Noncompliance with restrictions applying to interlock exemption ‘(1) An interlock driver who has an interlock exemption must comply with any restrictions applying to the exemption. Maximum penalty— (a) for a first conviction—28 penalty units; or 2010 Act No. 13 Page 37

Transport and Other Legislation Amendment Act 2010 Chapter 2 Amendment of Transport Operations (Road Use Management) Act 1995—road safety reforms Part 3 Alcohol ignition interlocks [s 17] (b) for a conviction within 5 years after a previous conviction—60 penalty units. ‘(2) If the court convicts a person of an offence against subsection (1), the court, in addition to imposing a penalty, must disqualify the person from holding or obtaining a Queensland driver licence for the following period— (a) for a conviction mentioned in paragraph (a) of the penalty—3 months; (b) for a conviction mentioned in paragraph (b) of the penalty—6 months. ‘(3) In this section— conviction means a conviction for an offence against subsection (1). ‘91Y Person with interlock exemption must give notification of change in circumstances ‘(1) A person who has an interlock exemption must, within 14 days after the happening of a relevant change of circumstances, give written notice of the change to the chief executive. Maximum penalty—28 penalty units. ‘(2) In this section— relevant change of circumstances means a change in any of the matters stated, as required under section 91R(2)(b), in a written notice given to the person. ‘Division 6 Other provisions about interlocks ‘91Z Regulations relating to interlocks ‘A regulation may be made under this division, including, for example, for making provision about the following— Page 38 2010 Act No. 13

Transport and Other Legislation Amendment Act 2010 Chapter 2 Amendment of Transport Operations (Road Use Management) Act 1995—road safety reforms Part 3 Alcohol ignition interlocks [s 18] (a) the approval of interlocks; (b) the approval by the chief executive of providers or installers of interlocks, including conditions relating to an approval and the audit of approvals and conditions relating to approvals; (c) the criteria necessary to be met by a provider or installer of interlocks for obtaining and continuing to hold an approval, including criteria relating to service standards and requirements; (d) the installation, maintenance and removal of interlocks, including arrangements to be entered into in relation to their installation, maintenance or removal.’. 18 Amendment of s 124 (Facilitation of proof) (1) Section 124(1)(ga)— renumber as section 124(1)(ge). (2) Section 124(1)— insert — ‘(ga) a certificate purporting to be signed by the chief executive or commissioner stating either or both of the following— (i) at a stated time, a stated vehicle was or was not the nominated vehicle for chapter 5, part 3B for a stated person; (ii) at a stated time, a stated nominated vehicle for chapter 5, part 3B for a stated person was or was not fitted with a prescribed interlock; is evidence of the matters stated in it; (gb) a certificate purporting to be signed by the chief executive or commissioner stating— (i) that at a stated time a stated person had or did not have an interlock exemption that was in effect; and 2010 Act No. 13 Page 39

Transport and Other Legislation Amendment Act 2010 Chapter 2 Amendment of Transport Operations (Road Use Management) Act 1995—road safety reforms Part 3 Alcohol ignition interlocks [s 18] (ii) any restrictions that applied to the interlock exemption; is evidence of the matters stated in it; (gc) a certificate purporting to be signed by the chief executive stating that the chief executive— (i) has or has not received from a stated person an application, in the approved form, for an interlock exemption; or (ii) did or did not grant an interlock exemption to a stated person and, if the chief executive did not grant the exemption, the reasons for deciding not to grant it; is evidence of the matters stated in it; (gd) a document purporting to be a copy of— (i) a nomination, in the approved form, of a motor vehicle for section 91K(1)(a) received by the chief executive; or (ii) an application, in the approved form, made under section 91P for an interlock exemption; or (iii) a notice, given under section 91Q(4), asking a person who has made an application for an interlock exemption to give the chief executive further information or documents relevant to the application; or (iv) a notice given under section 91Q(10) or 91V(5), about a decision of the chief executive made under chapter 5, part 3B; or (v) a notice given under section 91Q(5) declaring that an application for an interlock exemption is taken to be withdrawn; or (vi) an exemption certificate given under section 91R(3); Page 40 2010 Act No. 13

Transport and Other Legislation Amendment Act 2010 Chapter 2 Amendment of Transport Operations (Road Use Management) Act 1995—road safety reforms Part 3 Alcohol ignition interlocks [s 19] and certified as a true copy of the document is evidence of the matters stated in it;’. 19 Amendment of s 168A (Effect of particular corresponding administrative action or corresponding order in relation to heavy vehicle) Section 168A(4), definition approval , note— omit, insert — ‘Note — See section 17A for the meaning of approval for chapter 3, part 1A.’. 20 Amendment of sch 3 (Reviewable decisions) Schedule 3— insert — ‘91Q(1)(b) 91Q(5) 91Q(7) 91V(4) refusing to grant an interlock exemption making a declaration that an application for an interlock exemption is taken to be withdrawn refusing to grant an interlock exemption extending a prescribed period’. 21 Amendment of sch 4 (Dictionary) Schedule 4— insert — ‘ alcohol ignition interlock see section 91I. approved , for chapter 5, part 3B, see section 91I. disqualification period , for chapter 5, part 3B, see section 91I. drink driving offence — (a) for sections 90B to 90D, see section 90A; or 2010 Act No. 13 Page 41

Transport and Other Legislation Amendment Act 2010 Chapter 2 Amendment of Transport Operations (Road Use Management) Act 1995—road safety reforms Part 4 Heavy vehicle speeding [s 22] (b) for chapter 5, part 3B, see section 91I. exemption certificate , for chapter 5, part 3B, see section 91I. interlock see section 91I. interlock condition see section 91I. interlock driver see section 91I. interlock exemption see section 91I. interlock period see section 91I. nominated vehicle , for chapter 5, part 3B, see section 91I. nominated vehicle fitted with a prescribed interlock see section 91I. non-Queensland interlock period see section 91I. non-Queensland interlock requirement see section 91I. prescribed interlock see section 91I. prescribed interlock installer see section 91I. prescribed period see section 91I.’. Part 4 Heavy vehicle speeding 22 Amendment of s 26A (Further power to enter place of business in relation to heavy vehicle or prescribed dangerous goods vehicle) Section 26A(8)— insert — ‘ responsible person , for a heavy vehicle, for the exercise of a power under this section in relation to a heavy vehicle speeding offence, does not include— Page 42 2010 Act No. 13

Transport and Other Legislation Amendment Act 2010 Chapter 2 Amendment of Transport Operations (Road Use Management) Act 1995—road safety reforms Part 4 Heavy vehicle speeding [s 23] (a) a person mentioned in schedule 4, definition responsible person , paragraph (j), (k), (l) or (o); or Note — Those paragraphs deal with persons who pack, load or unload goods or containers, and owners and operators etc. of weighbridges or weighing facilities. (b) an agent, employer, employee or subcontractor of that person.’. 23 Amendment of s 48A (Further power to require personal details for exercising power in relation to heavy vehicle or transport of dangerous goods) Section 48A(8)— insert — ‘ responsible person , for a heavy vehicle, for the exercise of a power under this section in relation to a heavy vehicle speeding offence, does not include— (a) a person mentioned in schedule 4, definition responsible person , paragraph (j), (k), (l) or (o); or Note — Those paragraphs deal with persons who pack, load or unload goods or containers, and owners and operators etc. of weighbridges or weighbridge facilities. (b) an agent, employer, employee or subcontractor of that person.’. 24 Amendment of s 49A (Direction to provide information about heavy vehicles and transport of dangerous goods) Section 49A(7)— insert — ‘ responsible person , for a heavy vehicle, for the exercise of a power under this section in relation to a heavy vehicle speeding offence, does not include— 2010 Act No. 13 Page 43

Transport and Other Legislation Amendment Act 2010 Chapter 2 Amendment of Transport Operations (Road Use Management) Act 1995—road safety reforms Part 4 Heavy vehicle speeding [s 25] (a) a person mentioned in schedule 4, definition responsible person , paragraph (j), (k), (l) or (o); or Note — Those paragraphs deal with persons who pack, load or unload goods or containers, and owners and operators etc. of weighbridges or weighbridge facilities. (b) an agent, employer, employee or subcontractor of that person.’. 25 Amendment of s 50AB (Power to require help to find and access particular documents or information) Section 50AB(3)— insert — ‘ responsible person , for a heavy vehicle, for the exercise of a power under this section in relation to a heavy vehicle speeding offence, does not include— (a) a person mentioned in schedule 4, definition responsible person , paragraph (j), (k), (l) or (o); or Note — Those paragraphs deal with persons who pack, load or unload goods or containers, and owners and operators etc. of weighbridges or weighbridge facilities. (b) an agent, employer, employee or subcontractor of that person.’. 26 Amendment of s 57AB (Definitions for sdiv 2) (1) Section 57AB, definition extended liability offence — insert — ‘(d) a heavy vehicle speeding offence.’. (2) Section 57AB, definition influencing person , paragraph (d)(ii) and (iii)— omit, insert — Page 44 2010 Act No. 13

Transport and Other Legislation Amendment Act 2010 Chapter 2 Amendment of Transport Operations (Road Use Management) Act 1995—road safety reforms Part 4 Heavy vehicle speeding [s 27] ‘(ii) a scheduler for the heavy vehicle;’. (3) Section 57AB, definition influencing person , paragraph (d)(iv) to (vi)— renumber as paragraph (d)(iii) to (v). (4) Section 57AB, definition influencing person , paragraph (e)(ii) and (iii))— omit, insert — ‘(ii) a scheduler for the heavy vehicle; and’. (5) Section 57AB, definition influencing person , paragraph (f)(ii) and (iii)— omit, insert — ‘(ii) a scheduler for the heavy vehicle; and (g) for a heavy vehicle speeding offence, includes the employer of the driver of the heavy vehicle.’. 27 Amendment of s 57B (Further liability provisions for extended liability offences) (1) Section 57B(2), penalty— omit, insert — ‘Maximum penalty— (a) if the extended liability offence is a heavy vehicle speeding offence of exceeding a speed limit of 50–60km/h—10 penalty units; or (b) if the extended liability offence is a heavy vehicle speeding offence of exceeding a speed limit of 70–80km/h— (i) by less than 15km/h—10 penalty units; or (ii) by 15km/h or more—40 penalty units; or 2010 Act No. 13 Page 45

Transport and Other Legislation Amendment Act 2010 Chapter 2 Amendment of Transport Operations (Road Use Management) Act 1995—road safety reforms Part 4 Heavy vehicle speeding [s 28] (c) if the extended liability offence is a heavy vehicle speeding offence, committed other than by the driver of a road train, of exceeding a speed limit of 90km/h— (i) by less than 15km/h—10 penalty units; or (ii) by 15km/h or more—40 penalty units; or (d) if the extended liability offence is a heavy vehicle speeding offence, committed by the driver of a road train, of exceeding a speed limit of 90km/h— (i) by less than 15km/h—40 penalty units; or (ii) by 15km/h or more—80 penalty units; or (e) if the extended liability offence is a heavy vehicle speeding offence of exceeding a speed limit of 100km/h or more— (i) by less than 15km/h—40 penalty units; or (ii) by 15km/h or more—80 penalty units; or (f) for any other extended liability offence—the maximum penalty for an individual for committing the offence.’. (2) Section 57B— insert — ‘(3) In this section— person in control , of a heavy vehicle, for an extended liability offence that is a heavy vehicle speeding offence, means the driver of the heavy vehicle.’. 28 Replacement of ss 57DB and 57DC Sections 57DB and 57DC— omit, insert — Page 46 2010 Act No. 13

Transport and Other Legislation Amendment Act 2010 Chapter 2 Amendment of Transport Operations (Road Use Management) Act 1995—road safety reforms Part 4 Heavy vehicle speeding [s 28] ‘57DB Matters court may consider for deciding whether person took all reasonable steps—particular offences about heavy vehicles ‘(1) Without limiting section 57D, in deciding whether things done or omitted to be done by a person charged with a prescribed offence constitute reasonable steps, the court may have regard to the following— (a) the nature of the activity to which the contravention constituting the offence relates; (b) the risks to safety associated with the activity mentioned in paragraph (a); (c) the likelihood of the risks to safety mentioned in paragraph (b) arising; (d) the degree of harm likely to result from the risks to safety mentioned in paragraph (b) arising; (e) the circumstances of the alleged offence, including, for a fatigue management offence, any risk category for the contravention constituting the offence; (f) the measures available and measures taken— (i) to prevent, eliminate or minimise the likelihood of a potential contravention happening; or (ii) to eliminate or minimise the likelihood of a risk to safety arising from a potential contravention; or (iii) to manage, minimise or eliminate a risk to safety arising from a potential contravention; (g) the personal expertise and experience that the person charged had or ought to have had or that an agent or employee of that person had or ought to have had; (h) the degree of ability the person charged, or an agent or employee of that person, had to take a measure mentioned in paragraph (f); (i) the costs of measures mentioned in paragraph (f). 2010 Act No. 13 Page 47

Transport and Other Legislation Amendment Act 2010 Chapter 2 Amendment of Transport Operations (Road Use Management) Act 1995—road safety reforms Part 4 Heavy vehicle speeding [s 28] ‘(2) In addition, without limiting section 57D, in deciding whether things done or omitted to be done by a person charged with a prescribed offence constitute reasonable steps, the court may have regard to the following— (a) the measures available and measures taken for any or all of the following— (i) to include compliance assurance conditions in relevant commercial arrangements with other relevant responsible persons; (ii) to provide information, instruction, training and supervision to employees to enable compliance with relevant laws; (iii) to maintain equipment and work systems to enable compliance with relevant laws; (iv) to address and remedy similar compliance problems that may have happened in the past; (b) any accreditation scheme, scientific knowledge, expert opinion, guidelines, standards or other knowledge about preventing or managing exposure to risks to safety arising from fatigue. ‘(3) This section does not limit the matters the court must or may consider when deciding whether things done or omitted to be done by a person charged with a prescribed offence constitute reasonable steps. ‘(4) In this section— other relevant responsible persons means— (a) for a person charged with a fatigue management offence—other responsible persons for fatigue regulated heavy vehicles; or (b) for a person charged with a prescribed offence other than a fatigue management offence—other responsible persons for heavy vehicles. Page 48 2010 Act No. 13

Transport and Other Legislation Amendment Act 2010 Chapter 2 Amendment of Transport Operations (Road Use Management) Act 1995—road safety reforms Part 4 Heavy vehicle speeding [s 28] prescribed offence means— (a) a fatigue management offence; or (b) an offence against section 57B(2) relating to a heavy vehicle speeding offence; or (c) an offence against chapter 5D, part 2. risk category , for a contravention of a fatigue management requirement of a fatigue management regulation, means 1 of the following categories— (a) minor risk breach; (b) substantial risk breach; (c) severe risk breach; (d) critical risk breach. ‘57DC When person regarded to have taken all reasonable steps—particular offences about heavy vehicles ‘(1) A person charged with a prescribed offence is to be regarded as having taken all reasonable steps if the person did all of the following to prevent the act or omission that led to the contravention to which the offence relates— (a) identified and assessed the aspects of the activities of the person, and relevant drivers for the person, that may lead to a relevant contravention by a relevant driver for the person; (b) for each aspect identified and assessed under paragraph (a), identified and assessed— (i) the risk of the aspect leading to a relevant contravention; and (ii) if there is a substantial risk of the aspect leading to a relevant contravention—the measures the person may take to eliminate the risk or, if it is not reasonably possible to eliminate the risk, to minimise the risk; 2010 Act No. 13 Page 49

Transport and Other Legislation Amendment Act 2010 Chapter 2 Amendment of Transport Operations (Road Use Management) Act 1995—road safety reforms Part 4 Heavy vehicle speeding [s 28] (c) carried out the identification and assessment mentioned in paragraphs (a) and (b)— (i) at least annually; and (ii) after each event that indicated the way the activities the subject of the identification and assessment are being carried out have led, or may lead, to a relevant contravention; (d) took the measures identified and assessed under paragraph (b)(ii); (e) for each action mentioned in any of paragraphs (a) to (d) taken by the person— (i) kept a record of the action for at least 3 years after taking it; or (ii) if 3 years have not passed since taking the action, kept a record of the action since taking it. ‘(2) This section does not limit the circumstances in which things done or omitted to be done by a person charged with a prescribed offence constitute reasonable steps. ‘(3) In this section— prescribed offence means— (a) a fatigue management offence; or (b) an offence against section 57B(2) relating to a heavy vehicle speeding offence; or (c) an offence against chapter 5D, part 2. relevant contravention for a person charged with a prescribed offence means a contravention of the type to which the offence relates. relevant driver means— (a) for a person charged with a fatigue management offence—a person in control of a fatigue regulated heavy vehicle in relation to which the person is an influencing person under section 57AB; or Page 50 2010 Act No. 13

Transport and Other Legislation Amendment Act 2010 Chapter 2 Amendment of Transport Operations (Road Use Management) Act 1995—road safety reforms Part 4 Heavy vehicle speeding [s 29] (b) for a person charged with an offence against section 57B(2) relating to a heavy vehicle speeding offence—a person in control of a heavy vehicle in relation to which the person is an influencing person under section 57AB; or (c) for a person charged with an offence against chapter 5D, part 2—a driver of a heavy vehicle for which the person is a party in the chain of responsibility under that part.’. 29 Amendment of s 57F (Proof of compliance with industry code of practice) Section 57F(5), definition prescribed provision — omit, insert— ‘ prescribed provision means a following provision— • section 53B(2), (3), (4) or (5) • section 53C(1) or (2) • section 57B(2) • section 162D(1) • section 163AD, 163AG, 163AI or 163AL.’. 30 Amendment of s 57H (Criminal Code, s 24 does not apply to particular offences) Section 57H(1)— insert — ‘(f) an offence against section 163AD, 163AE, 163AF, 163AG, 163AH, 163AI, 163AL or 163AM.’. 31 Insertion of new ch 5D After section 163A— insert — 2010 Act No. 13 Page 51

Transport and Other Legislation Amendment Act 2010 Chapter 4 Other amendments Part 6 Amendment of Transport Operations (Road Use Management) Act 1995 [s 130] ‘Part 15 Transitional provisions for Transport and Other Legislation Amendment Act 2010 ‘221 Declaration for s 66(3)(k) ‘(1) This section applies to— (a) a local law relating to the regulation of vehicle access to a public place that is a local government controlled area made before the commencement; and (b) any enforcement action taken in reliance on the local law before the commencement. ‘(2) To remove any doubt, it is declared that— (a) the local law is as valid, and is taken always to have been as valid, as if it were made after the commencement; and (b) the enforcement action is as valid, and is taken always to have been as valid, as if it were taken after the commencement. ‘(3) In this section— commencement means the commencement of section 66(3)(k).’. 130 Amendment of sch 4 (Dictionary) Schedule 4— insert — ‘ local government controlled area means land or infrastructure owned, held in trust or otherwise controlled by a local government.’. 2010 Act No. 13 Page 141

Transport and Other Legislation Amendment Act 2010 Chapter 4 Other amendments Part 7 Amendment of Transport Operations (TransLink Transit Authority) Act 2008 [s 131] Part 7 Amendment of Transport Operations (TransLink Transit Authority) Act 2008 131 Act amended This part amends the Transport Operations (TransLink TransitAuthority) Act 2008 . 132 Relocation of ss 47–50 Sections 47 to 50— relocate to the TransportOperations(PassengerTransport)Act 1994 and in that Act, insert and renumber , in chapter 6, part 4, division 1, as sections 67B to 67E. 133 Omission of pt 7, hdg (Special events) Part 7, heading— omit . 134 Omission of s 57 (Deferral of application of s 49 for particular contracts and arrangements for special event services) Section 57— omit . 135 Amendment of sch 2 (Dictionary) Schedule 2, definition special event — omit . Page 142 2010 Act No. 13

Part 8 Transport and Other Legislation Amendment Act 2010 Chapter 4 Other amendments Part 8 Amendment of Transport Planning and Coordination Act 1994 [s 136] Amendment of Transport Planning and Coordination Act 1994 136 Act amended in part and schedule This part and the schedule, part 1 amend the TransportPlanning and Coordination Act 1994 . 137 Insertion of new ss 36F and 36G After section 36E— insert— ‘36F Keeping and using information obtained or kept under particular transport Acts or Adult Proof of Age Card Act 2008 ‘(1) The chief executive may, for a particular transport Act, keep or use information obtained or kept under another particular transport Act or the Adult Proof of Age Card Act 2008 if the information— (a) relates to any matter under the particular transport Act; or (b) concerns the administration of the particular transport Act. ‘(2) The general manager under the Maritime Safety QueenslandAct 2002 may, for the Transport Operations (Marine Safety)Act1994 , keep or use information obtained or kept under another particular transport Act or the Adult Proof of Age Card Act 2008 if the information— (a) relates to any matter under the TransportOperations(Marine Safety) Act 1994 ; or (b) concerns the administration of the Transport Operations(Marine Safety) Act 1994 . 2010 Act No. 13 Page 143

Transport and Other Legislation Amendment Act 2010 Chapter 4 Other amendments Part 8 Amendment of Transport Planning and Coordination Act 1994 [s 137] ‘(3) Information that may be kept or used under subsection (1) or (2) does not include a digital photo and digitised signature. ‘(4) This section applies despite a provision of another Act. ‘(5) In this section— digital photo means a facial image encoded in a digital form. digitised signature means a person’s signature encoded in a digital image form. particular transport Act means— (a) the Tow Truck Act 1973 ; or (b) the Transport Infrastructure Act 1994 ; or (c) the Transport Operations (Marine Safety) Act 1994 ; or (d) the TransportOperations(PassengerTransport)Act1994 ; or (e) the Transport Operations (Road Use Management) Act1995 ; or (f) the Transport Security (Counter-Terrorism) Act 2008 . ‘36G Smartcard transport authority ‘(1) The chief executive may issue to a person a smartcard ( smartcard transport authority ) evidencing 1 or more transport authorities held by the person and containing information about the authorities. ‘(2) A regulation may provide for the following— (a) information that may be included on the smartcard; (b) a PIN to be used by the holder of the smartcard as a security measure to protect information stored electronically on it; (c) verification of a person’s connection to the person’s most recent digital photo relating to a smartcard transport authority. Page 144 2010 Act No. 13

Transport and Other Legislation Amendment Act 2010 ‘(3) In this section— smartcard means a document in the form of a card or something similar approved by the chief executive, and on which information may be stored electronically. transport authority means— (a) a driver’s certificate or an assistant’s certificate under the Tow Truck Act 1973 ; or (b) driver authorisation under the TransportOperations(Passenger Transport) Act 1994 ; or (c) a prescribed authority (other than a Queensland driver licence) under the TransportOperations(RoadUseManagement) Act 1995 .’. Part 9 Minor and consequential amendments 138 Acts amended in schedule (1) The schedule amends the Acts it mentions. (2) However, subsection (1) does not apply in relation to a particular Act if another provision of this Act states that the schedule amends the particular Act. 2010 Act No. 13 Page 145

Transport and Other Legislation Amendment Act 2010 Schedule Schedule Acts amended sections 3, 84, 88, 95, 114, 136 and 138 Part 1 Amendments commencing on date of assent Acts Interpretation Act 1954 1 Section 27A(3D)— insert — ‘ Example — Under an Act an evidentiary certificate purporting to be signed by an office holder is evidence of the content in any proceeding (the facilitation provision ). The Act confers a general power of delegation on the office holder. The office holder uses the power to delegate the function of issuing the certificate to someone else. Under subsections (3C) and (3D) (and (6) and (7)), the facilitation provision is taken to provide for the certificate purporting to be signed by the delegate as having been signed by the delegator.’. Maritime Safety Queensland Act 2002 1 Section 13, ‘financial-institution’— omit, insert — ‘financial institution’. Page 146 2010 Act No. 13

Transport and Other Legislation Amendment Act 2010 Schedule Transport Infrastructure Act 1994 1 Section 282H(5), definition standard , paragraph (a), ‘appendix’— omit, insert — ‘group’. 2 Section 287A(1), ‘ Integrated Planning Act 1997 ’ — omit, insert — ‘ Sustainable Planning Act 2009 ’. 3 Section 287A(4), from ‘ Integrated ’— omit, insert — ‘ Sustainable Planning Act 2009 , section 282 and chapter 6, part 5, division 2.’. 4 Section 287B, ‘ Integrated Planning Act 1997 ’— omit, insert — ‘ Sustainable Planning Act 2009 ’. 5 Section 294(3), ‘146 and 147’— omit, insert — ‘124 and 125’. 6 Section 294(3), ‘168 to 175’— omit, insert — ‘146 to 153’. 2010 Act No. 13 Page 147

Transport and Other Legislation Amendment Act 2010 Schedule 7 Section 326(1)(b), ‘owing’— omit, insert — ‘owning’. 8 Sections 553(3) and 554(2), definition prescribed development application , ‘ Integrated Planning Act 1997 ’— omit, insert — ‘repealed Integrated Planning Act 1997 or the SustainablePlanning Act 2009 ’. 9 Schedule 3, column 1, rows 2 and 3— insert — ‘33’. 10 Schedule 6, definition transport , first occurrence— omit . 11 Schedule 6— insert — ‘ establishment , for— (a) chapter 9, part 4, division 6—see section 330; or (b) chapter 10, part 4, division 5—see section 378. permitted road access location , for chapter 6, part 5, division 2, subdivision 2, see section 53.’. 12 Schedule 6, definition public marine facility , examples, 1 and 2— renumber as dot points. Page 148 2010 Act No. 13

Transport and Other Legislation Amendment Act 2010 Schedule Transport Legislation Amendment Act 2007 1 Section 31— omit, insert— ‘31 Amendment of sch 2 (Reviewable decisions) ‘Schedule 2— insert — ‘80J(1) amendment of the conditions of a peak demand taxi permit 80L suspension or cancellation of a peak demand taxi permit’.’. Editor’s note — Legislation ultimately amended— • Transport Operations (Passenger Transport) Act 1994 Transport Operations (Marine Pollution) Act 1995 1 Section 7(1)(a), from ‘chapter’— omit, insert — ‘chapter 8; or’. 2 Section 10(4), footnote— omit, insert — ‘ Note — See section 6 for the precise meaning of MARPOL for this Act.’. 3 Section 11(4), from ‘waters’— omit, insert— ‘waters in this Act. 2010 Act No. 13 Page 149

Transport and Other Legislation Amendment Act 2010 Schedule Note — See the dictionary in the schedule for the precise meaning of coastal waters for this Act.’. 4 Section 14(2), footnote— omit, insert — ‘ Note — See, for example, the Environmental Protection Act 1994 .’. 5 Section 26(2), footnote— omit, insert — ‘ Note — The Criminal Code, section 23 deals with a person’s criminal responsibility for an act or omission that happens independently of the person’s will or for an event which is accidental. The Criminal Code, section 24 deals with a person’s criminal responsibility for an act or omission done under an honest and reasonable, but mistaken, belief in the state of things.’. 6 Section 27(1), from ‘offence’— omit, insert — ‘ Example — A ship leaves port A with a quantity of oil residues held in a tank or space and, without leaving coastal waters, arrives at port B with a lesser quantity in the tank or space. This subsection places an onus on the ship’s master to explain why there is a discrepancy in the quantity. Maximum penalty—3500 penalty units.’. 7 Sections 28(1), 34A(2), 36(1), 43, 56, 84(1), 95(12)(b)(iii), 109(1)(b), 122(1), 128(4) and 134(b), footnote— omit. 8 Sections 35(2), 42(3), 47(3), 55(2) and 61(2), footnote— omit, insert — Page 150 2010 Act No. 13

Transport and Other Legislation Amendment Act 2010 Schedule ‘ Note — See the note to section 26(2) for information about sections 23 and 24 of the Code.’. 9 Section 36(1)— insert — ‘ Note — See Annex II, regulation 3.’. 10 Section 40, definition harmful substance , from ‘MARPOL’— omit, insert — ‘the International Maritime Dangerous Goods Code.’. 11 Section 84(1)— insert — ‘ Note — See Article 220(2) of the United Nations Convention on the Law of the Sea 1982.’. 12 Section 95(12)(b)(iii)— insert — ‘ Note — Section 109 imposes on an authorised officer a requirement to give notice of any damage done in the exercise of a power.’. 13 Section 109(1)(b)— insert — ‘ Note — See section 95(2)(b).’. 2010 Act No. 13 Page 151

Transport and Other Legislation Amendment Act 2010 Schedule 14 Section 122(1)— insert — ‘ Note — See also the Protection of the Sea (Civil Liability) Act 1981 (Cwlth) and the Protection of the Sea (Oil Pollution Compensation Funds) Act 1993 (Cwlth).’. 15 Section 128(4)— insert — ‘ Note — See, for example, part 10 of the Acts Interpretation Act 1954 .’. 16 Schedule, definitions coastal waters , garbage , harmful substance , incident , oil , oil tanker and ship , footnote— omit. 17 Schedule, definition coastal waters — insert — ‘ Note — Coastal waters of the State is defined in the Acts InterpretationAct1954 , section 36.’. Transport Operations (Marine Pollution) Regulation 2008 1 Section 3, ‘schedule 9’— omit, insert — ‘schedule 8’. Page 152 2010 Act No. 13

Transport and Other Legislation Amendment Act 2010 Schedule 2 Sections 10(d), 12(c), 15(1), 23(2)(c) and (3)(b), 24(4), 25(d) and (e)(iii), 27(3), 28(2)(c), 29(1), 30(b), 31(d), 33(1), 36(2) and (3), 37, 40(1), 60, 63(2)(c), 64(1) and (2)(a) and (b), 65(2)(b), 66 and 67(2), note— omit . 3 Section 17(4) and 35(4), definitions recordable event and recordable operation , ‘schedule 2’— omit, insert — ‘schedule 1’. 4 Section 36(4), definition relevant footnote , note, ‘Schedule 3’— omit, insert — ‘Schedule 2’. 5 Section 45, ‘schedule 5’— omit, insert — ‘schedule 4’. 6 Sections 55(4)(b) and 57, ‘schedule 7’— omit, insert — ‘schedule 6’. 7 Schedule 3, heading, ‘schedule 9’— omit, insert — ‘schedule 8’. 2010 Act No. 13 Page 153

Transport and Other Legislation Amendment Act 2010 Schedule 8 Schedule 9, definitions 100m line , 500m line , coastal 100m line , coastal 500m line , fringing reef , geodesic , H.A.T. , highest astronomical tide , high water , island 500m line , L.A.T. , lowest astronomical tide , low water , median line , rock 500m line and the mainland , ‘schedule 8’— omit, insert — ‘schedule 7’. 9 Schedule 9, definitions Administration , category X substance , category Y substance , category Z substance , Code and IBC Code , ‘schedule 3’— omit, insert — ‘schedule 2’. 10 Schedule 9, definitions Annex I , Annex II and Annex V , ‘as set out in schedule 1’— omit. 11 Schedule 9, definitions levels of sewage quality characteristics and relevant level , ‘schedule 7’— omit, insert — ‘schedule 6’. Transport Operations (Passenger Transport) Act 1994 1 Section 14 and schedule 1A, part 2, ‘Editor’s note’— omit, insert — ‘ Note ’. 2 Section 36B(1), ‘to’, first mention— omit . Page 154 2010 Act No. 13

Transport and Other Legislation Amendment Act 2010 Schedule 3 Section 36B(1)(a), before ‘allow’— insert — ‘to’. 4 Section 42(1), ‘(Market entry restrictions)’— omit. 5 Section 55(a), ‘(Declaration that service contracts are required)’— omit. 6 Section 80B, ‘financial-institution’— omit, insert — ‘financial institution’. 7 Section 97, from ‘the following’— omit, insert — ‘section 93, 94, 95 or 96 has not been complied with.’. 8 Sections 126N(2) and 126NA(2)(b) and (d), ‘officer’— omit, insert — ‘person’. 9 Section 126OA(4), ‘authorised officer’— omit, insert — ‘authorised person’. 10 Schedule 3, definitions established route , insult and local government road— omit . 2010 Act No. 13 Page 155

Transport and Other Legislation Amendment Act 2010 Schedule 11 Schedule 3, definition taxi service area , ‘(Taxi service areas)’— omit . Transport Operations (Road Use Management) Act 1995 1 Section 35(2)(a), ‘Editor’s note’— omit, insert — ‘ Note ’. 2 Section 39C(1)(b), ‘good’— omit, insert — ‘goods’. 3 Section 50AA(6D), ‘a person who is an individual’, second mention— omit, insert — ‘the person’. 4 Section 51L(1)(b), from ‘if’ to ‘owner—’— omit, insert— ‘the chief executive decides under section 51J(3) or (4) not to give a notice to the removed thing’s owner and’. 5 Sections 53B(6), 53C(4), 57B(2AA) and 162D(2), ‘Editor’s note’— omit, insert — ‘ Note ’. Page 156 2010 Act No. 13

Transport and Other Legislation Amendment Act 2010 Schedule 6 Section 56(3)(b), before ‘uses’— insert — ‘the applicant’. 7 Section 66(9), definition shared path and editor’s note— omit, insert — ‘ shared path see the Queensland Road Rules, section 242(2).’. 8 Section 67, ‘in chapter 5,’— omit . 9 Section 78(3)(b), editor’s note— omit, insert — ‘ Note — See section 127(4)(b) for the effect of a suspension because of the allocation of demerit points under the driver licensing regulation.’. 10 Section 78(3)(d) and (e), ‘ Transport Operations (Road Use Management—Road Rules) Regulation 1999 ’— omit, insert — ‘Queensland Road Rules’. 11 Section 78(3)(d) and (e), editor’s notes— omit . 12 Section 78(6), definition disqualified driver , paragraphs (b)(ii) and (c)(ii), ‘ Transport Operations (Road Use Management—Road Rules) Regulation 1999 ’— omit, insert — ‘Queensland Road Rules’. 2010 Act No. 13 Page 157

Transport and Other Legislation Amendment Act 2010 Schedule 13 Section 78(6), definition disqualified driver , editor’s notes— omit . 14 Section 79(1), after ‘who’— insert — ‘,’. 15 Section 79(1B), ‘s 328A’— omit, insert — ‘section 328A’. 16 Section 79(2E), from ‘class’ to ‘Code’— omit, insert — ‘class 1A to class 1E passenger vessels as described in part B, chapter 3, clause 3.5.1, table 4 of the National Standard for Commercial Vessels’. 17 Section 79(7), ‘who while under the influence of liquor or a drug’— omit, insert — ‘who, while under the influence of liquor or a drug,’. 18 Section 79B(7), definition, analysis certificate — omit . 19 Section 79G, heading, ‘s 79E’— omit, insert — ‘ section 79E ’. Page 158 2010 Act No. 13

Transport and Other Legislation Amendment Act 2010 Schedule 20 Section 79G(3), definitions relevant charge and suspended licence , ‘of the Act’— omit . 21 Section 80(5), after ‘for that purpose’, first mention— insert — ‘,’. 22 Section 80(16)(b), ‘section (15AB)(b)(i)’— omit, insert — ‘subsection (15AB)(b)(i)’. 23 Section 80(22D), ‘who while the person’s driver licence is suspended under subsection (22AA)’— omit, insert — ‘who, while the person’s driver licence is suspended under subsection (22AA),’. 24 Section 80(30), ‘s 79’— omit, insert — ‘section 79’. 25 Section 80AA(2)(b), ‘for’— omit . 26 Section 84(1D), definition drives a vehicle (other than a motor vehicle), a tram, a train or an animal dangerously , ‘animal dangerously’ — omit, insert— ‘animal on a road dangerously’. 2010 Act No. 13 Page 159

Transport and Other Legislation Amendment Act 2010 Schedule 27 Section 86(2)(e), after ‘licence;’— insert — ‘or’. 28 Section 87(4)(b), after ‘limited to’— insert — ‘the following’. 29 Section 150AC(3)— omit . 30 Section 151A(1), ‘The’— omit, insert — ‘This’. 31 Sections 153G(2)(a) and 157A(1)(a) and (b), at the end, ‘or’— omit . 32 Section 161J(3)(b), after ‘that’— insert — ‘it’. 33 Section 161R(3)(b)(ii), at the end— insert — ‘or’. 34 Section 168A(4), definition transport Act , paragraph (b)— omit, insert — ‘(b) the dangerous goods regulation.’. Page 160 2010 Act No. 13

Transport and Other Legislation Amendment Act 2010 Schedule 35 Section 168AA(7)(a) and (b), at the end, ‘and’— omit . 36 Chapter 7, part 8, heading, and part 9, heading, ‘provision’— omit, insert — ‘ provisions ’. 37 Schedule 4, definition tramcar — omit . 38 Schedule 4— insert — ‘ amending Act , for chapter 7, part 9, see section 206. dangerous driving offence , for sections 90A to 90D, see section 90A. designated offence , for sections 90A to 90D, see section 90A. disqualified , for sections 90A to 90D, see section 90A. driver licensing regulation means a regulation in force under chapter 5, part 10 to the extent it is about the management of drivers. install , for chapter 5, parts 2 and 6, see section 67. photographic detection device see section 113. relevant disqualifying provision , for sections 90A to 90D, see section 90A. relocated provision , for chapter 7, part 3, see section 186. remove , for chapter 5, parts 2 and 6, see section 67. Road Transport Reform Act , for chapter 7, part 3, see section 186. section 89 disqualification , for sections 90A to 90D, see section 90A. 2010 Act No. 13 Page 161

Transport and Other Legislation Amendment Act 2010 Schedule section 90 disqualification , for sections 90A to 90D, see section 90A. structure , for chapter 5, parts 2 and 6, see section 67. Traffic Act , for chapter 7, part 3, see section 186.’. 39 Schedule 4, definition on — omit, insert — ‘ on — (a) for a place, includes within, under and over the place; and (b) for chapter 5, parts 2 and 6, see section 67.’. 40 Schedule 4, definition prescribed heavy vehicle , paragraph (a)(vi)— renumber as paragraph (a)(v). 41 Schedule 4, definition prescribed heavy vehicle , paragraph (b), ‘(vi)’— omit, insert — ‘(v)’. 42 Schedule 4, definition relevant emergency service officer , paragraphs (e) and (f), ‘paragraph’— omit, insert — ‘any of paragraphs’. Page 162 2010 Act No. 13

Transport and Other Legislation Amendment Act 2010 Schedule Transport Operations (TransLink Transit Authority) Act 2008 1 Schedule 2, definition disqualified person , paragraph (a)(i), ‘contact’— omit, insert — ‘contract’. Transport Planning and Coordination Act 1994 1 Section 3, definitions public passenger service , first occurrence, and transport decision — omit . 2 Section 8D(6)(c), ‘(2)’— omit, insert — ‘(4)(a)(ii)’. 3 Section 8D(7), ‘(2)(b)’— omit, insert — ‘(4)(b)’. 4 Section 27(3)(b), ‘subsection (aa)’— omit, insert — ‘subsection (1)(aa)’. 2010 Act No. 13 Page 163

Transport and Other Legislation Amendment Act 2010 Chapter 4 Other amendments Part 2 Other amendments [s 138] Transport Security (Counter-Terrorism) Act 2008 1 Section 16(1)(b), from ‘AS/NZS’— omit, insert — ‘AS/NZS ISO 31000:2009 Risk management—Principles and guidelines.’. Part 2 Other amendments Transport Operations (Road Use Management) Act 1995 1 Section 150AB(1)(d)(iii) and (iv)— omit, insert — ‘(iii) schedulers for heavy vehicles;’. 2 Section 150AB(1)(d)(v) and (vi)— renumber as section 150AB(1)(d)(iv) and (v). 3 Chapter 6, part 2, heading, from ‘offences’— omit, insert — ‘ other particular offences about heavy vehicles ’. © State of Queensland 2010 Page 164 2010 Act No. 13