Transport and Other Legislation Amendment Act 2011 (Qld)

Queensland Transport and Other Legislation Amendment Act 2011 Act No. 12 of 2011

Queensland Transport and Other Legislation Amendment Act 2011 Contents Part 1 1 2 Part 2 3 4 5 Part 3 6 7 8 Part 4 9 10 Part 5 11 12 13 Part 6 14 15 16 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Amendment of Adult Proof of Age Card Act 2008 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Amendment of s 30 (Restricted release of information in APA register) .................................... 13 Insertion of new s 30A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 30A Restricted oral release of information in APA register 13 Amendment of Building Act 1975 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Amendment of s 246W (Definitions for ch 8B) . . . . . . . . . . . . . . . 14 Amendment of s 246Z (Designation of transport noise corridor—transport chief executive) . . . . . . . . . . . . . . . . . . . . . . . 14 Amendment of Criminal Code Code amended. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Amendment of s 328A (Dangerous operation of a vehicle) . . . . . 15 Amendment of Electrical Safety Act 2002 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Amendment of s 7 (Application of Act to railways) . . . . . . . . . . . . 15 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 16 Amendment of ElectricityAct1994 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Insertion of new s 20QA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 20QA Exemptions for light rail franchisee and light rail manager .......................... 17 Amendment of s 102 (Works on roads) . . . . . . . . . . . . . . . . . . . . 17

Transport and Other Legislation Amendment Act 2011 Contents 17 18 19 20 Part 7 21 22 Part 8 23 24 25 Part 9 26 27 28 29 30 31 32 33 34 35 36 37 Page 2 Amendment of s 106 (Public entity may require electricity entity to alter position of works) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 109 (Works impairing railway signalling or communication lines) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 110 (Building by railway operator of signalling or communication line likely to be affected by electricity entity’s works etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 5 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of EnvironmentalProtectionAct1994 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 1 (Exclusions relating to environmental nuisance or environmental harm). . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Tow Truck Act 1973 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 19H (Restricted release of information) . . . . . . Insertion of new s 19I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19I Restricted oral release of particular information. . . . . Amendment of TransportInfrastructureAct1994 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 30 (Obligations in carrying out of works or operation of roads by the chief executive) . . . . . . . . . . . . . . . . . . Amendment of s 84A (Declaration of land as State toll road corridor land) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 84C (Effect on land of State toll road corridor land declaration) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new s 84CA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84CA Effect of additional State toll road corridor land declaration on leases . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 105GA (Declaration) . . . . . . . . . . . . . . . . . . . . . Amendment of s 105H (Declaration of land as local government tollway corridor land) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 105I (Local government tollway corridor land on rail corridor land) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 105J (Effect on land of local government tollway corridor land declaration) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new s 105JAA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105JAA Effect of additional local government tollway corridor land declaration on leases . . . . . . . . . . . . . . . . . . . . . Amendment of s 106 (Ways of achieving objectives) . . . . . . . . . . Amendment of s 108 (Purpose of pt 2) . . . . . . . . . . . . . . . . . . . . 17 18 18 18 19 19 19 19 20 20 20 20 21 22 22 22 24 24 26 26 27 27 29 29 2011 Act No. 12

Transport and Other Legislation Amendment Act 2011 Contents 38 Amendment of s 109 (Definitions for pt 2) . . . . . . . . . . . . . . . . . . 29 39 Insertion of new s 109A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 109A Chief executive may enter land to investigate potential rail corridor. . . . . . . . . . . . . . . . . . . . . . . . . . 30 40 Amendment of s 115 (Investigator to issue associated person with identification). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 41 Amendment of s 116 (Pretending to be an investigator etc.) . . . . 32 42 Amendment of s 117 (Investigator to take care in acting under authority) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 43 Amendment of s 118 (Compensation payable by investigator) . . 33 44 Amendment of s 169 (Closing railway crossings). . . . . . . . . . . . . 34 45 Amendment of s 247 (Chief executive taken to be owner of rail corridor land and non-rail corridor land for particular circumstances under PlanningAct) . . . . . . . . . . . . . . . . . . . . . . . 34 46 Amendment of s 249 (Railways on particular roads) . . . . . . . . . . 34 47 Amendment of s 255 (Interfering with railway) . . . . . . . . . . . . . . . 34 48 Amendment of s 260 (Works for existing railways). . . . . . . . . . . . 35 49 Amendment of s 262 (Application of LandAct1994) . . . . . . . . . . 36 50 Amendment of s 303AB (Licence in relation to busway land or busway transport infrastructure) . . . . . . . . . . . . . . . . . . . . . . . . . . 36 51 Insertion of new s 303AC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 303AC Compensation for licence granted under s 303AB . . . 37 52 Amendment of s 308 (Powers of chief executive for busway transport infrastructure works contracts etc.) . . . . . . . . . . . . . . . . 38 53 Amendment of s 316 (Definition for div 4) . . . . . . . . . . . . . . . . . . 38 54 Amendment of s 352 (Definition for pt 3) . . . . . . . . . . . . . . . . . . . 39 55 Amendment of s 354 (Effect on land of light rail declaration) . . . . 39 56 Amendment of s 355A (Licence in relation to light rail land or infrastructure) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 57 Insertion of new s 355B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 355B Compensation for licence granted under s 355A . . . . 40 58 Amendment of s 358 (Permitted construction by local government of roads over or under light rail land) . . . . . . . . . . . . 41 59 Amendment of s 360A (Powers of chief executive for light rail transport infrastructure works contracts etc.) . . . . . . . . . . . . . . . . 41 60 Amendment of s 364 (Definitions for div 3) . . . . . . . . . . . . . . . . . 41 61 Omission of ch 10, pt 4, div 4A, sdiv 3 (Interface management) . 42 62 Amendment of s 377R (Limited compensation for easements etc. or damage relating to overhead wiring for a light rail) . . . . . . 42 2011 Act No. 12 Page 3

Transport and Other Legislation Amendment Act 2011 Contents 63 64 65 66 67 68 Part 10 69 70 71 72 73 Insertion of new ch 15A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chapter 15A Transport interface management 475ZF Purpose of ch 15A . . . . . . . . . . . . . . . . . . . . . . . . . . . 475ZG Definitions for ch 15A . . . . . . . . . . . . . . . . . . . . . . . . . 475ZH Meaning and scope of transport interface agreement 475ZI Declaration of transport interface management area . 475ZJ Particular persons may enter into transport interface agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 475ZK Failure to enter into transport interface agreement . . 475ZL Direction about arrangement that is to apply . . . . . . . 475ZM Guidelines about transport interfaces etc. . . . . . . . . . Amendment of s 477C (Concurrent subleases for declared projects) ..................................... Insertion of new ss 477F and 477G . . . . . . . . . . . . . . . . . . . . . . . 477F Watercourse crossings . . . . . . . . . . . . . . . . . . . . . . . . 477G Chief executive may approve compliance management plan . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new ch 21, pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 3 Validation and transitional provisions for Transport and Other Legislation Amendment Act 2011 578 Declaration and validation for watercourse crossings 579 Interfering with railway . . . . . . . . . . . . . . . . . . . . . . . . 580 Interface management . . . . . . . . . . . . . . . . . . . . . . . . 581 Internal review of approvals for interfering with railway Amendment of sch 3 (Reviews and appeals) . . . . . . . . . . . . . . . . Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of TransportOperations(MarineSafety)Act1994 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 63I (Restricted release of information) . . . . . . . Insertion of new s 63J . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63J Restricted oral release of particular information. . . . . Amendment of s 202E (Other limitations on ordering a restricted licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 42 43 43 44 45 46 47 48 49 50 50 50 51 53 53 53 54 55 55 55 57 57 58 58 58 58 Page 4 2011 Act No. 12

Transport and Other Legislation Amendment Act 2011 Contents Part 11 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 Amendment of Transport Operations (Passenger Transport)Act 1994 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 12 (What is operator accreditation) . . . . . . . . . . Amendment of s 24 (What is driver authorisation) . . . . . . . . . . . . Amendment of s 28B (Driver authorisation—category B driver disqualifying offences) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 35H (Restricted release of information) . . . . . . Insertion of new s 35I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35I Restricted oral release of particular information. . . . . Insertion of new ch 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chapter 4A Taxi service bailment agreements 35J Purpose of ch 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35K Application of ch 4A . . . . . . . . . . . . . . . . . . . . . . . . . . 35L What is a taxi service bailment agreement. . . . . . . . . 35M Accredited operator must ensure taxi service bailment agreement entered into . . . . . . . . . . . . . . . . 35N Accredited operator may only enter into taxi service bailment agreement with set pay in arrangement in particular circumstances . . . . . . . . . . . . . . . . . . . . . . 35O Accredited operator must give authorised driver copy of taxi service bailment agreement. . . . . . . . . . . . . . . 35P Accredited operator must keep a copy of taxi service bailment agreement . . . . . . . . . . . . . . . . . . . . . . . . . . 35Q Authorised driver must not drive taxi unless taxi service bailment agreement entered into . . . . . . . . . . 35R Authorised person may request particular information Insertion of new s 101A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101A Application of standards to light rail operators . . . . . . Amendment of s 129Y (Definitions for pt 4B) . . . . . . . . . . . . . . . . Amendment of s 129ZA (Court may make exclusion order). . . . . Amendment of s 129ZB (Matters court must consider in deciding whether to make exclusion order) . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 129ZC (Exclusion order to be explained if person before the court) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 129ZD (Amendment or revocation of exclusion order generally) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 129ZG (Offence to contravene exclusion order) Insertion of new ch 11, pt 4C . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 59 59 60 61 61 61 61 62 62 62 62 63 63 64 64 64 65 65 65 65 66 66 67 67 67 2011 Act No. 12 Page 5

Transport and Other Legislation Amendment Act 2011 Contents Part 4C Powers of court to make civil banning orders for protecting the public or property Division 1 Preliminary 129ZH Definitions for pt 4C . . . . . . . . . . . . . . . . . . . . . . . . . . 129ZI Purpose of pt 4C . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 2 Orders 129ZJ What is a civil banning order . . . . . . . . . . . . . . . . . . . 129ZK Who may apply for a civil banning order . . . . . . . . . . 129ZL Application for a civil banning order . . . . . . . . . . . . . . 129ZM Response by respondent . . . . . . . . . . . . . . . . . . . . . . 129ZN Hearing of application. . . . . . . . . . . . . . . . . . . . . . . . . 129ZO Making a civil banning order. . . . . . . . . . . . . . . . . . . . 129ZP Interim civil banning order . . . . . . . . . . . . . . . . . . . . . 129ZQ Varying or revoking civil banning order for changes in circumstances. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129ZR Court may make civil banning order by consent. . . . . 129ZS Orders must be explained . . . . . . . . . . . . . . . . . . . . . 129ZT Civil banning order to be given to interested persons 129ZU No costs to be awarded . . . . . . . . . . . . . . . . . . . . . . . 129ZV No filing fee is payable . . . . . . . . . . . . . . . . . . . . . . . . 129ZW Standard of proof . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129ZX General application of rules of court . . . . . . . . . . . . . 129ZY Interaction with criminal proceedings . . . . . . . . . . . . . 129ZZ Contravention of civil banning order or interim civil banning order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 3 Appeals 129ZZA Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129ZZB Time for appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129ZZC Starting appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129ZZD Registrar to give respondent copies of particular documents ......................... 129ZZE Stay of operation of decision . . . . . . . . . . . . . . . . . . . 129ZZF District Court’s powers on appeal. . . . . . . . . . . . . . . . 129ZZG No costs on appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . Division 4 Miscellaneous 129ZZH Service of documents. . . . . . . . . . . . . . . . . . . . . . . . . 68 68 69 70 70 71 71 71 74 76 77 77 78 79 79 79 79 79 81 82 82 82 83 83 83 84 84 Page 6 2011 Act No. 12

Transport and Other Legislation Amendment Act 2011 Contents 89 90 91 92 93 94 Part 12 95 96 97 98 99 100 101 102 103 104 105 129ZZI Police commissioner must provide information relevant to applications. . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 148 (Inquiries about person’s suitability to hold accreditation or authorisation) . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new s 148BA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148BA Obtaining information from chief executive (corrective services) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new ch 13, pt 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 11 Transitional provisions for Transport and Other Legislation Amendment Act 2011 189 Application of amended provisions about driver disqualifying offences in relation to driver authorisations ........................ 190 Application of ch 11, pt 4B immediately before the commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 191 Application of ch 11, pt 4C . . . . . . . . . . . . . . . . . . . . . Amendment of sch 1 (Disqualifying offences—provisions of the CriminalCode) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 1A (Driver disqualification offences) . . . . . . . Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Transport Operations (Road UseManagement)Act1995 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 31 (Power to stop private vehicles) . . . . . . . . . . Amendment of s 49 (Power to require documents to be produced) ................................. Amendment of s 77 (Restricted release of person’s prescribed authority and traffic history information) . . . . . . . . . . . . . . . . . . . . Insertion of new s 77AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77AA Restricted oral release of particular information. . . . . Amendment of s 79 (Vehicle offences involving liquor or other drugs) ................................... Amendment of s 79A (When is a person over the limit) . . . . . . . . Amendment of s 79B (Immediate suspension or disqualification) Amendment of s 79E (Court may allow particular person whose licence is suspended under s 79B to drive) . . . . . . . . . . . . . . . . . Amendment of s 79G (When person is disqualified while section 79E order applies) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 80 (Breath and saliva tests, and analysis and laboratory tests) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 85 86 86 87 88 88 89 89 90 94 97 97 97 97 98 98 98 101 101 101 101 102 2011 Act No. 12 Page 7

Transport and Other Legislation Amendment Act 2011 Contents 106 107 108 109 110 111 112 113 114 Part 13 115 116 Part 14 117 118 119 Part 15 120 121 122 123 124 Page 8 Amendment of s 81 (Notices to offenders for certain first offences) ................................... Amendment of s 86 (Disqualification of drivers of motor vehicles for certain offences) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 87 (Issue of restricted licence to disqualified person) ................................... Amendment of s 90A (Definitions for ss 90B–90D) . . . . . . . . . . . Amendment of s 91I (Definitions for pt 3B). . . . . . . . . . . . . . . . . . Amendment of s 91Q (Deciding application for interlock exemption) ................................... Omission of s 170A (Expiry and amendment of certain provisions) ................................ Insertion of new ch 7, pt 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 16 Transitional provision for Transport and Other Legislation Amendment Act 2011 223 Amendment of Transport Operations (Road Use Management—Driver Licensing) Regulation 2010. . . Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Transport Operations (Road Use Management—Driver Licensing) Regulation 2010 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 90 (Definitions for pt 13) . . . . . . . . . . . . . . . . . . Amendment of Transport Planning and Coordination Act1994 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 27 (Power of chief executive to lease, sell or otherwise dispose of land) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Replacement of s 27A (Power of chief executive to dispose of land subject to easement) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27A Power of chief executive to dispose of land . . . . . . . . Amendment of Transport(RailSafety)Act2010 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 42 (Exemption may be granted) . . . . . . . . . . . . Amendment of s 43 (Application for exemption). . . . . . . . . . . . . . Amendment of s 44 (What applicant must demonstrate and conditions that may be imposed) . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new pt 12A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 12A Protection for whistleblowers 267A Application of pt 12A . . . . . . . . . . . . . . . . . . . . . . . . . 267B General limitation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 105 105 106 107 107 108 108 108 108 109 109 109 109 110 110 112 112 112 113 113 113 113 2011 Act No. 12

Transport and Other Legislation Amendment Act 2011 Contents 267C Liability for conduct unaffected . . . . . . . . . . . . . . . . . . 114 125 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 114 2011 Act No. 12 Page 9

Queensland Transport and Other Legislation Amendment Act 2011 Act No. 12 of 2011 An Act to amend the Adult Proof of Age Card Act 2008, Building Act 1975, Criminal Code, Electrical Safety Act 2002, Electricity Act 1994, Environmental Protection Act 1994, Tow Truck Act 1973, TransportInfrastructure Act 1994, Transport Operations (Marine Safety) Act 1994, Transport Operations (Passenger Transport) Act 1994, Transport Operations(Road Use Management) Act 1995, Transport Operations (Road Use Management—Driver Licensing) Regulation 2010, Transport Planning andCoordination Act 1994 and Transport (Rail Safety) Act 2010 for particular purposes [Assented to 14 April 2011]

Transport and Other Legislation Amendment Act 2011 Part 1 Preliminary [s 1] The Parliament of Queensland enacts— Part 1 Preliminary 1 Short title This Act may be cited as the Transport and Other Legislation Amendment Act 2011 . 2 Commencement (1) The following provisions commence on a day to be fixed by proclamation— • part 4 • section 72 • sections 100(1) to (10), 101 to 110, 113 and 114 • part 13. (2) The following provisions commence on 1 August 2011— • section 77 • section 89 • section 90 • section 91, other than to the extent it inserts sections 190 and 191 • section 93 • section 94(3), (4) and (5). (3) The following provisions commence on 1 September 2011— • section 80 • sections 82 to 88 • section 91, to the extent it inserts sections 190 and 191. Page 12 2011 Act No. 12

Part 2 Transport and Other Legislation Amendment Act 2011 Part 2 Amendment of Adult Proof of Age Card Act 2008 [s 3] Amendment of Adult Proof of Age Card Act 2008 3 Act amended This part amends the Adult Proof of Age Card Act 2008. 4 Amendment of s 30 (Restricted release of information in APA register) (1) Section 30, heading, after ‘Restricted’— insert— ‘ written ’. (2) Section 30(1) and (2), after ‘may release’— insert— ‘, in writing,’. 5 Insertion of new s 30A Part 4— insert— ‘30A Restricted oral release of information in APA register ‘(1) The chief executive may orally release, to a person, information kept in the APA register about the person’s adult proof of age card. ‘(2) However, subsection (1) applies only if the chief executive is satisfied that the person is the person to whom the information relates. Example for subsection (2) — The chief executive may be satisfied as required under subsection (2) if a person correctly answers a series of questions, or produces a document, for identifying the person.’. 2011 Act No. 12 Page 13

Transport and Other Legislation Amendment Act 2011 Part 3 Amendment of Building Act 1975 [s 6] Part 3 Amendment of Building Act 1975 6 Act amended This part amends the Building Act 1975. 7 Amendment of s 246W (Definitions for ch 8B) (1) Section 246W, definitions road and State-controlled road — omit. (2) Section 246W— insert— ‘ road means— (a) for a road under the control of a local government—any part of the surface of the road on which motor vehicles ordinarily travel; or (b) a local government franchised road within the meaning of the Transport Infrastructure Act. State-controlled road means— (a) a road or land, or part of a road or land, declared under the TransportInfrastructureAct, section 24 to be a State-controlled road; or (b) a franchised road within the meaning of the TransportInfrastructure Act.’. 8 Amendment of s 246Z (Designation of transport noise corridor—transport chief executive) Section 246Z(2)(b), from ‘caused by’— omit, insert— ‘caused by— Page 14 2011 Act No. 12

Transport and Other Legislation Amendment Act 2011 Part 4 Amendment of Criminal Code [s 9] (i) rolling stock operating on the railway land at the distance has been measured, in a way approved by the chief executive, to be at least 70db(A); or (ii) traffic on the State-controlled road at the distance has been measured, in a way approved by the chief executive, to be at least 58db(A).’. Part 4 Amendment of Criminal Code 9 Code amended This part amends the Criminal Code. 10 Amendment of s 328A (Dangerous operation of a vehicle) Section 328A(6), definition prescribed offence , paragraph (c), after ‘79(1),’— insert— ‘(1F),’. Part 5 Amendment of Electrical Safety Act 2002 11 Act amended This part amends the Electrical Safety Act 2002. 12 Amendment of s 7 (Application of Act to railways) (1) Section 7, heading, after ‘railways’— insert— 2011 Act No. 12 Page 15

Transport and Other Legislation Amendment Act 2011 Part 6 Amendment of Electricity Act 1994 [s 13] ‘ and light rail ’. (2) Section 7, after ‘railway’— insert— ‘or light rail’. 13 Amendment of sch 2 (Dictionary) (1) Schedule 2— insert— ‘ light rail see the Transport Infrastructure Act 1994 , schedule 6. light rail manager , for a light rail, see the TransportInfrastructure Act 1994 , schedule 6.’. (2) Schedule 2, definition, electricity entity , paragraph (c), ‘that is exempted by the Electricity Act, section 20Q’— omit, insert— ‘, or light rail manager for a light rail, that is exempted by the Electricity Act, section 20Q or 20QA,’. Part 6 Amendment of Electricity Act 1994 14 Act amended This part amends the Electricity Act 1994. 15 Insertion of new s 20QA After section 20Q— insert— Page 16 2011 Act No. 12

Transport and Other Legislation Amendment Act 2011 Part 6 Amendment of Electricity Act 1994 [s 16] ‘20QA Exemptions for light rail franchisee and light rail manager ‘(1) A light rail franchisee for a light rail franchise agreement, or a light rail manager for a light rail, is exempted from section 88A in relation to the supply of electricity used— (a) in connection with the building or use of electrical installations and other works required under a light rail franchise agreement; or (b) for powering rolling stock and railway signals for a light rail. ‘(2) In this section— light rail franchisee means a franchisee for a light rail franchise agreement under the TransportInfrastructureAct1994 , schedule 6 . ’. 16 Amendment of s 102 (Works on roads) (1) Section 102— insert — ‘(2A) Subsection (2B) applies if the electricity entity proposes to do a thing mentioned in subsection (1)(a) on a road on which light rail is located. ‘(2B) Before giving the written agreement mentioned in subsection (2), the road authority must consult with the light rail operator for the light rail.’. (2) Section 102(3), after ‘The road authority’— insert — ‘or light rail operator for a light rail’. 17 Amendment of s 106 (Public entity may require electricity entity to alter position of works) Section 106— insert— 2011 Act No. 12 Page 17

Transport and Other Legislation Amendment Act 2011 Part 6 Amendment of Electricity Act 1994 [s 18] ‘(3) In this section— publicly controlled place does not include a light rail.’. 18 Amendment of s 109 (Works impairing railway signalling or communication lines) Section 109— insert— ‘(4) In this section— railway operator includes the following— (a) light rail manager for a light rail; (b) light rail operator for a light rail.’. 19 Amendment of s 110 (Building by railway operator of signalling or communication line likely to be affected by electricity entity’s works etc.) Section 110— insert — ‘(3) In this section— railway operator includes the following— (a) light rail manager for a light rail; (b) light rail operator for a light rail.’. 20 Amendment of sch 5 (Dictionary) Schedule 5— insert — ‘ light rail see the Transport Infrastructure Act 1994 , schedule 6. light rail manager , for a light rail, see the TransportInfrastructure Act 1994 , schedule 6. Page 18 2011 Act No. 12

Transport and Other Legislation Amendment Act 2011 Part 7 Amendment of Environmental Protection Act 1994 [s 21] light rail operator , for a light rail, see the TransportInfrastructure Act 1994 , schedule 6.’. Part 7 Amendment of Environmental Protection Act 1994 21 Act amended This part amends the Environmental Protection Act 1994. 22 Amendment of sch 1 (Exclusions relating to environmental nuisance or environmental harm) Schedule 1, part 1, section 3— insert— ‘(j) an act done or omission made under an approved compliance management plan under the TransportInfrastructure Act 1994 , section 477G.’. Part 8 Amendment of Tow Truck Act 1973 23 Act amended This part amends the Tow Truck Act 1973. 24 Amendment of s 19H (Restricted release of information) (1) Section 19H, heading, after ‘Restricted’— insert— ‘ written ’. 2011 Act No. 12 Page 19

Transport and Other Legislation Amendment Act 2011 Part 9 Amendment of Transport Infrastructure Act 1994 [s 25] (2) Section 19H(1) and (2), after ‘may release’— insert— ‘, in writing,’. 25 Insertion of new s 19I Part 3, division 3— insert— ‘19I Restricted oral release of particular information ‘(1) The chief executive may orally release, to a person, information kept under this Act about the person’s driver’s certificate or assistant’s certificate. ‘(2) However, subsection (1) applies only if the chief executive is satisfied that the person is the person to whom the information relates. Example for subsection (2) — The chief executive may be satisfied as required under subsection (2) if the person correctly answers a series of questions, or produces a document, for identifying the person.’. Part 9 Amendment of Transport Infrastructure Act 1994 26 Act amended This part amends the Transport Infrastructure Act 1994. 27 Amendment of s 30 (Obligations in carrying out of works or operation of roads by the chief executive) Section 30, ‘price competitive’— Page 20 2011 Act No. 12

Transport and Other Legislation Amendment Act 2011 Part 9 Amendment of Transport Infrastructure Act 1994 [s 28] omit, insert— ‘value for money’. 28 Amendment of s 84A (Declaration of land as State toll road corridor land) Section 84A— insert— ‘(6A) If land has been declared under subsection (1) (the original State toll road corridor land ), the area of the original State toll road corridor land may be increased by a subsequent declaration of land under subsection (1) (the additional State toll road corridor land ). ‘(6B) If a declaration of land under subsection (1) (the additional State toll road corridor land declaration ) increases the area of the original State toll road corridor land— (a) subsections (4) and (5) do not apply to the additional State toll road corridor land declaration; and (b) for section 84C(5)(d), the terms that apply to the lease of the land to the State are the terms for the lease of the original State toll road corridor land applying immediately before the additional State toll road corridor land declaration is made; and (c) the additional State toll road corridor land declaration must state— (i) the lease reference number for the lease under section 84C(4) of the original State toll corridor land; and (ii) if the additional State toll road corridor land is to be added to a lease under section 84C(6) or (6A) of the original State toll road corridor land—the dealing number for the lease. Note — For the effect of a declaration of additional State toll road corridor land on leases, see sections 84C and 84CA. ’. 2011 Act No. 12 Page 21

Transport and Other Legislation Amendment Act 2011 Part 9 Amendment of Transport Infrastructure Act 1994 [s 29] 29 Amendment of s 84C (Effect on land of State toll road corridor land declaration) Section 84C— insert— ‘(10A) If the Minister makes an additional State toll road corridor land declaration, this section is subject to section 84CA.’. 30 Insertion of new s 84CA After section 84C— insert — ‘84CA Effect of additional State toll road corridor land declaration on leases ‘(1) This section applies if the Minister makes an additional State toll road corridor land declaration. ‘(2) For applying section 84C to the additional State toll road corridor land, the following apply— (a) despite section 84C(4)— (i) the Minister administering the LandAct1994 is taken to have amended the lease of the original State toll road corridor land (the amended perpetual lease ) under the Land Act 1994 , section 360A, to include the additional State toll road corridor land; and (ii) the chief executive must lodge with the registrar of titles the documents that the registrar considers necessary to evidence the amended perpetual lease in the leasehold land register; (b) a reference in section 84C(5) to the lease is taken to be a reference to the amended perpetual lease; (c) a reference in section 84C(5)(c) to the State toll road corridor land includes a reference to the additional State toll road corridor land; Page 22 2011 Act No. 12

Transport and Other Legislation Amendment Act 2011 Part 9 Amendment of Transport Infrastructure Act 1994 [s 30] (d) despite section 84C(5)(d), the terms that apply to the amended perpetual lease are the terms mentioned in section 84A(6B)(b); (e) without limiting section 84C(6) or (6A), the additional State toll road corridor land may be added to a lease under the subsection of the original State toll road corridor land. ‘(3) If the additional State toll road corridor land is to be added to a sublease— (a) the sublease is taken to be amended (the amended sublease ) to include the additional State toll road corridor land; and (b) a reference in section 84C(8)(b) to the State toll road corridor land includes a reference to the additional State toll road corridor land. ‘(4) If the additional State toll road corridor land is to be added to a sub-sublease, the sub-sublease is taken to be amended (the amended sub-sublease ) to include the additional State toll road corridor land. ‘(5) Also, if subsection (3) or (4) applies, the following apply— (a) the Land Act 1994 , section 336(3) and (4) do not apply to an amendment of the sublease or sub-sublease to include the additional State toll road corridor land; (b) the chief executive must lodge with the registrar of titles the documents the registrar considers necessary to evidence the amended sublease or amended sub-sublease in the leasehold land register; (c) the amended sublease or amended sub-sublease operates as if it had been originally issued or executed as amended. ‘(6) For subsections (2)(a)(ii) and (5)(b), no fee is payable for lodging the documents. ‘(7) In this section— 2011 Act No. 12 Page 23

Transport and Other Legislation Amendment Act 2011 Part 9 Amendment of Transport Infrastructure Act 1994 [s 31] sublease means a lease of original State toll road corridor land under section 84C(6). sub-sublease means a lease of original State toll road corridor land under section 84C(6A).’. 31 Amendment of s 105GA (Declaration) Section 105GA(1)— insert — ‘(c) land, or part of land, other than the land mentioned in paragraph (a) or (b), that is— (i) mentioned in section 105H(1)(a), (b), (c), (d) or (e); and (ii) the subject of an approved tollway project.’. 32 Amendment of s 105H (Declaration of land as local government tollway corridor land) (1) Section 105H(1)(b), ‘, other than a State-controlled road’— omit. (2) Section 105H(1)(d), after ‘paragraph (b)’— insert— ‘or (e)’. (3) Section 105H(1)— insert — ‘(e) non-freehold land (including a reserve or part of a reserve) under the LandAct1994 , other than land mentioned in paragraph (b), on or within which road transport infrastructure or rail transport infrastructure is situated.’. (4) Section 105H(2)— omit. (5) Section 105H(3)— Page 24 2011 Act No. 12

Transport and Other Legislation Amendment Act 2011 Part 9 Amendment of Transport Infrastructure Act 1994 [s 32] omit, insert— ‘(3) The Minister may, by gazette notice, declare land mentioned in subsection (1) to be local government tollway corridor land.’. (6) Section 105H(4)— omit, insert — ‘(4) In deciding whether to make the declaration under subsection (3), the Minister must have regard to— (a) whether the local government has complied with any conditions to which, under this Act, the approved tollway project or the declaration of a local government tollway is subject; and (b) another matter the Minister considers relevant to the declaration under subsection (3).’. (7) Section 105H(6), (7) and (9), ‘(2) or’— omit. (8) Section 105H— insert— ‘(10) If land has been declared under subsection (3) (the original local government tollway corridor land ), the area of the original local government tollway corridor land may be increased by a subsequent declaration of land under subsection (3) (the additional local government tollway corridor land ). ‘(11) If a declaration of land under subsection (3) (the additional local government tollway corridor land declaration ) increases the area of the original local government tollway corridor land— (a) subsections (7) and (8) do not apply to the additional local government tollway corridor land declaration; and (b) for section 105J(5)(d), the terms that apply to the lease of the land to the State are the terms for the lease of the original local government tollway corridor land 2011 Act No. 12 Page 25

Transport and Other Legislation Amendment Act 2011 Part 9 Amendment of Transport Infrastructure Act 1994 [s 33] applying immediately before the additional local government tollway corridor land declaration is made; and (c) the additional local government tollway corridor land declaration must state— (i) the lease reference number for the lease under section 105J(4) of the original local government tollway corridor land; and (ii) the dealing number for the lease of the original local government tollway corridor land under section 105J(6); and (iii) if the additional local government tollway corridor land is to be added to a lease under section 105J(9) or (10) of the original local government tollway corridor land—the dealing number for the lease. Note — For the effect of a declaration of additional local government tollway corridor land on leases see sections 105J and 105JAA. ’. 33 Amendment of s 105I (Local government tollway corridor land on rail corridor land) Section 105I(3), (4) and (8), ‘(2) or’— omit. 34 Amendment of s 105J (Effect on land of local government tollway corridor land declaration) Section 105J— insert— ‘(13A) If the Minister makes an additional local government tollway corridor land declaration, this section is subject to section 105JAA.’. Page 26 2011 Act No. 12

Transport and Other Legislation Amendment Act 2011 Part 9 Amendment of Transport Infrastructure Act 1994 [s 35] 35 Insertion of new s 105JAA After section 105J— insert — ‘105JAA Effect of additional local government tollway corridor land declaration on leases ‘(1) This section applies if the Minister makes an additional local government tollway corridor land declaration. ‘(2) For applying section 105J to the additional local government tollway corridor land, the following apply— (a) despite section 105J(4)— (i) the Minister administering the LandAct1994 is taken to have amended the lease of the original local government tollway corridor land (the amended perpetual lease ) under the LandAct1994 , section 360A, to include the additional local government tollway corridor land; and (ii) the chief executive must lodge with the registrar of titles the documents that the registrar considers necessary to evidence the amended perpetual lease in the leasehold land register; (b) a reference in section 105J(5) to the lease is taken to be a reference to the amended perpetual lease; (c) a reference in section 105J(5)(c) to the local government tollway corridor land includes a reference to the additional local government tollway corridor land; (d) despite section 105J(5)(d), the terms that apply to the amended perpetual lease are the terms mentioned in section 105H(11)(b); (e) despite section 105J(6), the sublease is taken to be amended (the amended sublease ) to include the additional local government tollway corridor land; (f) despite section 105J(8)(a), the terms of the amended sublease are the same as the terms of the sublease 2011 Act No. 12 Page 27

Transport and Other Legislation Amendment Act 2011 Part 9 Amendment of Transport Infrastructure Act 1994 [s 35] immediately before the additional local government tollway corridor land declaration is made; (g) a reference in section 105J(8)(b) to the land includes a reference to the additional local government tollway corridor land; (h) without limiting section 105J(9) and (10), the additional local government tollway corridor land may be added to a lease under the subsection of the original local government tollway corridor land; (i) the Land Act 1994 , section 336(3) and (4) do not apply to an amendment of the sublease to include the additional local government tollway corridor land; (j) the chief executive must lodge in the leasehold land register the documents the registrar of titles considers necessary to give effect to the amended sublease; (k) the amended sublease operates as if it had been originally issued or executed as amended. ‘(3) If the additional local government tollway corridor land is to be added to a sub-sublease— (a) the sub-sublease is taken to be amended (the amended sub-sublease ) to include the additional local government tollway corridor land; and (b) the Land Act 1994 , section 336(3) and (4) do not apply to an amendment of the sub-sublease to include the additional local government tollway corridor land; and (c) the chief executive must lodge with the registrar of titles the documents the registrar considers necessary to evidence the amended sub-sublease in the leasehold land register; and (d) the amended sub-sublease operates as if it had been originally issued or executed as amended. ‘(4) For subsections (2)(a)(ii) and (j) and (3)(c), no fee is payable for lodging the documents. ‘(5) In this section— Page 28 2011 Act No. 12

Transport and Other Legislation Amendment Act 2011 Part 9 Amendment of Transport Infrastructure Act 1994 [s 36] sublease means the lease of the original local government tollway corridor land under section 105J(6). sub-sublease means a lease of original local government tollway corridor land under section 105J(9) or (10).’. 36 Amendment of s 106 (Ways of achieving objectives) Section 106(b)— insert— ‘(iii) allow rail transport infrastructure to be constructed and maintained in an effective and efficient way; and (iv) otherwise allow rail transport infrastructure to be managed and operated in an effective and efficient way; and’. 37 Amendment of s 108 (Purpose of pt 2) Section 108(a), ‘railway authorisation’— omit, insert— ‘railway or the chief executive authorisation’. 38 Amendment of s 109 (Definitions for pt 2) (1) Section 109, definition authority — omit. (2) Section 109— insert— ‘ authority means— (a) if the chief executive is the relevant person—the authority to enter land under section 109A; or 2011 Act No. 12 Page 29

Transport and Other Legislation Amendment Act 2011 Part 9 Amendment of Transport Infrastructure Act 1994 [s 39] (b) if an investigator is the relevant person—a rail feasibility investigator’s authority.’. relevant person means the chief executive or an investigator.’. 39 Insertion of new s 109A After section 109— insert— ‘109A Chief executive may enter land to investigate potential rail corridor ‘(1) The chief executive, or someone authorised in writing by the chief executive, may— (a) enter and re-enter any land for the purpose of investigating the land’s potential and suitability as a rail corridor; and (b) to the extent reasonably necessary or convenient for that purpose— (i) do anything on the land; or (ii) bring anything onto the land; or (iii) temporarily leave machinery, equipment or other items on the land. Examples of things the chief executive may do on the land — • conduct surveys and take soil samples • clear vegetation, or otherwise disturb the land, to the extent reasonably necessary • construct temporary access tracks using the land or using materials brought onto the land ‘(2) Before land is entered for the first time under subsection (1), the chief executive must give a written notice to the owner or occupier of the land. ‘(3) The notice must state— (a) the chief executive, or someone authorised in writing by the chief executive, intends to investigate the land; and Page 30 2011 Act No. 12

Transport and Other Legislation Amendment Act 2011 Part 9 Amendment of Transport Infrastructure Act 1994 [s 40] (b) a general outline of the things intended to be done on the land, including, for example, the construction of any temporary access track; and (c) the approximate period during which the land is to be entered under subsection (1); and (d) the entry is not an indication of a commitment or approval by the State, the chief executive or any other person in relation to any proposal, and in particular, does not commit the State to acquiring any land as a rail corridor. ‘(4) The chief executive may enter the land only if— (a) the owner or occupier of the land gives written consent to the entry; or (b) at least 7 days have passed since the notice was given. ‘(5) In this section— land does not include a part of a place where a person resides.’. 40 Amendment of s 115 (Investigator to issue associated person with identification) (1) Section 115, heading, ‘Investigator’— omit, insert— ‘ Relevant person ’. (2) Section 115(1), (3) and (6), ‘an investigator’— omit, insert— ‘a relevant person’. (3) Section 115(1), ‘the investigator’s’— omit, insert— ‘the relevant person’s’. (4) Section 115(1), (2) and (3), ‘the investigator’— omit, insert— 2011 Act No. 12 Page 31

Transport and Other Legislation Amendment Act 2011 Part 9 Amendment of Transport Infrastructure Act 1994 [s 41] ‘the relevant person’. (5) Section 115— insert— ‘(7) If the request under subsection (4) is made of the chief executive, the chief executive must immediately state the chief executive’s name and state the chief executive is authorised to investigate the land under section 109A. ‘(8) If the chief executive (the official ), or someone authorised in writing by the chief executive (also the official ), investigates land under section 109A and the owner or occupier of the land is not present, before leaving the land, the official must leave a notice in a conspicuous position and in a reasonably secure way stating the following— (a) the official’s name and business address or telephone number; (b) the action taken by the official under section 109A; (c) when the action was taken. ‘(9) In this section— ‘ associated person , if the chief executive intends to investigate land under section 109A, includes a person authorised by the chief executive under section 109A.’. 41 Amendment of s 116 (Pretending to be an investigator etc.) Section 116— insert— ‘(c) to be the chief executive investigating land under section 109A; or (d) to be a person authorised by the chief executive under section 109A.’. Page 32 2011 Act No. 12

Transport and Other Legislation Amendment Act 2011 Part 9 Amendment of Transport Infrastructure Act 1994 [s 42] 42 Amendment of s 117 (Investigator to take care in acting under authority) (1) Section 117, heading, ‘Investigator’— omit, insert— ‘ Relevant person ’. (2) Section 117, ‘An investigator’— omit, insert— ‘A relevant person’. (3) Section 117(c), ‘investigator’s’— omit, insert— ‘relevant person’s’. 43 Amendment of s 118 (Compensation payable by investigator) (1) Section 118, heading, ‘investigator’— omit, insert— ‘ relevant person ’. (2) Section 118(1), ‘an investigator’— omit, insert— ‘the relevant person’. (3) Section 118(1) and (2)(b), ‘the investigator’— omit, insert— ‘the relevant person’. (4) Section 118(1)(a), ‘investigator’s’— omit, insert— ‘the relevant person’s’. (5) Section 118— insert— 2011 Act No. 12 Page 33

Transport and Other Legislation Amendment Act 2011 Part 9 Amendment of Transport Infrastructure Act 1994 [s 44] ‘(5) In this section— associated person , if the chief executive intends to investigate land under section 109A, includes a person authorised by the chief executive under section 109A.’. 44 Amendment of s 169 (Closing railway crossings) Section 169(3)— omit. 45 Amendment of s 247 (Chief executive taken to be owner of rail corridor land and non-rail corridor land for particular circumstances under Planning Act) Section 247— insert — ‘(1A) Also, this section applies if, under the Planning Act, section 264, an application in relation to land that is rail corridor land or non-rail corridor land is required to be supported by evidence under section 264.’. 46 Amendment of s 249 (Railways on particular roads) (1) Section 249(6), definition relevant person — insert — ‘(e) for a local government road—the local government.’. (2) Section 249(6), definition relevant road — insert — ‘(e) a local government road.’. 47 Amendment of s 255 (Interfering with railway) (1) Section 255(1), ‘must not interfere with a railway unless’— omit, insert— Page 34 2011 Act No. 12

Transport and Other Legislation Amendment Act 2011 Part 9 Amendment of Transport Infrastructure Act 1994 [s 48] ‘in or on a railway corridor must not interfere with a railway under the control of a railway manager unless’. (2) Section 255(1)(a), ‘railway’s manager’— omit, insert— ‘railway manager’s’. (3) Section 255(1)— insert— ‘(c) the interference is otherwise approved, authorised or permitted under this Act or another Act.’. (4) Section 255— insert— ‘(6) In this section— interfere with , a railway, means— (a) carry out works in or on a railway corridor; or (b) otherwise interfere with the railway or its operation. railway corridor means— (a) land subleased to a railway manager under section 240; or (b) commercial corridor land; or (c) future railway land under the control of a railway manager; or (d) land described in schedule 4; or Note — See section 241 (Railway tunnel easements). (e) a railway crossing.’. 48 Amendment of s 260 (Works for existing railways) (1) Section 260(4)— insert — 2011 Act No. 12 Page 35

Transport and Other Legislation Amendment Act 2011 Part 9 Amendment of Transport Infrastructure Act 1994 [s 49] ‘(c) construct or maintain works for a change of use of the neighbouring land by its owner or occupier.’. (2) Section 260(13)— insert — ‘ change of use , of the neighbouring land, means a change of the use (the new use ) of the land, if the new use would result in works that would have been required to be carried out under this section in relation to the previous use of the land being insufficient for the convenient new use of the land.’. 49 Amendment of s 262 (Application of Land Act 1994) (1) Section 262, ‘land, non-rail corridor land or a lease granted under the lease’— omit, insert — ‘land or non-rail corridor land, or a lease granted under the lease, or a concurrent sublease’. (2) Section 262— insert — ‘(2) In this section— concurrent sublease means concurrent sublease granted under section 477C(1) of all or part of land relating to a declared project mentioned in the InfrastructureInvestment(Asset Restructuring and Disposal) Act 2009 , section 5(1)(c) or (d).’. 50 Amendment of s 303AB (Licence in relation to busway land or busway transport infrastructure) (1) Section 303AB— insert — ‘(3A) If a licence granted under subsection (1) in relation to busway land is cancelled or surrendered, the registrar of titles must Page 36 2011 Act No. 12

Transport and Other Legislation Amendment Act 2011 Part 9 Amendment of Transport Infrastructure Act 1994 [s 51] record the cancellation or surrender against the land in the appropriate register.’. (2) Section 303AB(8)— omit, insert — ‘(8) To remove any doubt, it is declared that the LandAct1994 does not apply to the grant of a licence under this section. ‘(9) In this section— busway land includes private agreement land or State land— (a) on which busway transport infrastructure is, or is proposed to be, situated; or (b) required for the construction of busway transport infrastructure works. private agreement land means land— (a) held by a person other than the State; and (b) that is the subject of an agreement— (i) in relation to busway transport infrastructure between the person and the State; and (ii) providing for the granting of a licence under this section.’. 51 Insertion of new s 303AC After section 303AB— insert— ‘303AC Compensation for licence granted under s 303AB ‘(1) This section applies if the chief executive grants a licence for a purpose under section 303AB (a relevant activity) in relation to busway land under that section or busway transport infrastructure. ‘(2) An owner or occupier of the land or infrastructure may claim compensation from the chief executive for loss or damage 2011 Act No. 12 Page 37

Transport and Other Legislation Amendment Act 2011 Part 9 Amendment of Transport Infrastructure Act 1994 [s 52] caused by a relevant activity, including by the taking or consumption of materials. ‘(3) However, compensation is payable only if written notice of the claim or proposed claim is given to the chief executive— (a) after the loss or damage happens, but within 1 year after the relevant activity ends; or (b) at a later time allowed by the chief executive. ‘(4) In the absence of agreement between the owner or occupier and the chief executive about the payment of compensation, payment of compensation may be claimed and ordered in a proceeding brought in the Land Court. ‘(5) The Land Court may order compensation to be paid only if it is satisfied it is just to make the order in the circumstances of the particular case. ‘(6) Compensation paid under this section for loss or damage caused to land must not be more than the compensation that would have been awarded if the land had been acquired under the Acquisition of Land Act 1967 .’. 52 Amendment of s 308 (Powers of chief executive for busway transport infrastructure works contracts etc.) Section 308(7), ‘price competitive’— omit, insert— ‘value for money’. 53 Amendment of s 316 (Definition for div 4) (1) Section 316, definition busway land , from ‘land—’ to ‘on which’— omit, insert— ‘land that is State land, or private agreement land, on which’. (2) Section 316— insert— Page 38 2011 Act No. 12

Transport and Other Legislation Amendment Act 2011 Part 9 Amendment of Transport Infrastructure Act 1994 [s 54] ‘(2) In this section— private agreement land means land— (a) held by a person other than the State; and (b) that is subject to an agreement for public utility plant on the land, between the person and the State.’. 54 Amendment of s 352 (Definition for pt 3) Section 352, definition road , paragraph (b), after ‘road’— insert — ‘or local government road’. 55 Amendment of s 354 (Effect on land of light rail declaration) Section 354(5)— omit, insert — ‘(5) The Minister administering the Land Act 1994 — (a) is taken to have leased the light rail land to the State under the LandAct1994 , section 17(2) when the declaration is made; and (b) must lodge a document evidencing the lease in the leasehold land register.’. 56 Amendment of s 355A (Licence in relation to light rail land or infrastructure) (1) Section 355A— insert — ‘(3A) If a licence granted under subsection (1) in relation to light rail land is cancelled or surrendered, the registrar of titles must record the cancellation or surrender against the land in the appropriate register.’. (2) Section 355A(8)— 2011 Act No. 12 Page 39

Transport and Other Legislation Amendment Act 2011 Part 9 Amendment of Transport Infrastructure Act 1994 [s 57] omit, insert— ‘(8) To remove any doubt, it is declared that the LandAct1994 does not apply to the grant of a licence under this section. ‘(9) In this section— light rail land includes private agreement land or State land— (a) on which light rail transport infrastructure is, or is proposed to be, situated; or (b) required for the construction of light rail transport infrastructure works. private agreement land means land— (a) held by a person other than the State; and (b) that is the subject of an agreement— (i) in relation to light rail transport infrastructure between the person and the State; and (ii) providing for the grant of a licence under this section.’. 57 Insertion of new s 355B After section 355A— insert— ‘355B Compensation for licence granted under s 355A ‘(1) This section applies if the chief executive grants a licence for a purpose under section 355A (a relevant activity) in relation to light rail land under that section or light rail transport infrastructure. ‘(2) An owner or occupier of the land or infrastructure may claim compensation from the chief executive for loss or damage caused by a relevant activity, including by the taking or consumption of materials. ‘(3) However, compensation is payable only if written notice of the claim or proposed claim is given to the chief executive— Page 40 2011 Act No. 12

Transport and Other Legislation Amendment Act 2011 Part 9 Amendment of Transport Infrastructure Act 1994 [s 58] (a) after the loss or damage happens, but within 1 year after the relevant activity ends; or (b) at a later time allowed by the chief executive. ‘(4) In the absence of agreement between the owner or occupier and the chief executive about the payment of compensation, payment of compensation may be claimed and ordered in a proceeding brought in the Land Court. ‘(5) The Land Court may order compensation to be paid only if it is satisfied it is just to make the order in the circumstances of the particular case. ‘(6) Compensation paid under this section for loss or damage caused to land must not be more than the compensation that would have been awarded if the land had been acquired under the Acquisition of Land Act 1967 .’. 58 Amendment of s 358 (Permitted construction by local government of roads over or under light rail land) Section 358(7)— omit. 59 Amendment of s 360A (Powers of chief executive for light rail transport infrastructure works contracts etc.) Section 360A(7), ‘price competitive’— omit, insert— ‘value for money’. 60 Amendment of s 364 (Definitions for div 3) (1) Section 364, definition light rail land , from ‘land—’ to ‘on which’— omit, insert— ‘land that is State land, or private agreement land, on which’. (2) Section 364— 2011 Act No. 12 Page 41

Transport and Other Legislation Amendment Act 2011 Part 9 Amendment of Transport Infrastructure Act 1994 [s 61] insert — ‘(2) In this section— private agreement land means land— (a) held by a person other than the State; and (b) that is subject to an agreement, in relation to public utility plant, between the person and the State.’. 61 Omission of ch 10, pt 4, div 4A, sdiv 3 (Interface management) Chapter 10, part 4, division 4A, subdivision 3— omit. 62 Amendment of s 377R (Limited compensation for easements etc. or damage relating to overhead wiring for a light rail) Section 377R(9), definition light rail overhead wiring damage , ‘damage caused by the construction of’— omit, insert — ‘physical damage caused by the construction of, or affixation of attachments for,’. 63 Insertion of new ch 15A After section 475ZE— insert — Page 42 2011 Act No. 12

Transport and Other Legislation Amendment Act 2011 Part 9 Amendment of Transport Infrastructure Act 1994 [s 63] ‘Chapter 15A Transport interface management ‘475ZF Purpose of ch 15A ‘The purpose of this chapter is to provide for a regime for dealing with transport interface issues in transport interface management areas. ‘475ZG Definitions for ch 15A ‘In this chapter— transport interface means an interface between— (a) a transport interface object; and (b) either or both of the following— (i) a thing (including a building, another structure or road) that is in the immediate vicinity of, or otherwise affects or is affected by, the transport interface object; (ii) a place (including a building, another structure or road) at, on or in which an activity that affects or is affected by the transport interface object is carried out. transport interface agreement see section 475ZH. transport interface issue means an issue that arises because of a transport interface. Examples of issues that may be transport interface issues — • access to a thing located partly on land owned or occupied by someone else • access to a thing that can only be accessed for a particular purpose (for example, maintenance) by entering land owned or occupied by someone else • shared responsibility for safety and maintenance of shared facilities 2011 Act No. 12 Page 43

Transport and Other Legislation Amendment Act 2011 Part 9 Amendment of Transport Infrastructure Act 1994 [s 63] • disruption of, or delays in, carrying out activities at a place caused by the presence of a thing, or carrying out of activities, at an adjacent or nearby place transport interface management area means land or part of land declared as a transport interface management area under section 475ZI. transport interface object means any of the following— (a) a busway; (b) busway land and other land that is State land on which busway transport infrastructure is situated; (c) busway transport infrastructure; (d) busway transport infrastructure works; (e) light rail; (f) light rail land and other land that is State land on which light rail transport infrastructure is situated; (g) light rail transport infrastructure; (h) light rail transport infrastructure works. ‘475ZH Meaning and scope of transport interface agreement ‘(1) A transport interface agreement is an agreement that provides for the following— (a) identifying transport interface issues for the transport interface covered by the agreement; (b) measures for managing the identified transport interface issues, and implementing the measures; (c) the evaluation, testing and, if necessary, revision of the measures mentioned in paragraph (b); (d) the roles and responsibilities of each party to the agreement in relation to the measures mentioned in paragraph (b); (e) the procedures by which each party will monitor compliance with the obligations under the agreement; Page 44 2011 Act No. 12

Transport and Other Legislation Amendment Act 2011 Part 9 Amendment of Transport Infrastructure Act 1994 [s 63] (f) a process for keeping the agreement under review and how any review will be conducted and implemented; (g) enforcing rights or obligations under the agreement, including, for example, a dispute resolution process. ‘(2) A transport interface agreement— (a) may provide for a matter by applying, adopting or incorporating a matter contained in another document (with or without modification); and (b) may consist of 2 or more documents. ‘(3) A transport interface agreement must be consistent with— (a) the objectives of this Act mentioned in section 2; and (b) the objectives of other transport laws. ‘475ZI Declaration of transport interface management area ‘(1) The chief executive may, by gazette notice, declare land or part of land to be a transport interface management area if— (a) there is a transport interface on the land or part; and (b) the chief executive reasonably believes— (i) the transport interface creates or is likely to create transport interface issues; and (ii) transport interface arrangements should be in place to deal with the transport interface issues or potential transport interface issues. ‘(2) Before making the declaration, the chief executive must— (a) give the persons the chief executive considers may be affected by the declaration written notice of the chief executive’s proposal to make the declaration; and Example of a person who may be affected by the declaration — a person who owns, manages, controls or is otherwise responsible for a thing or place in relation to which the transport interface issues or potential transport interface issues exist 2011 Act No. 12 Page 45

Transport and Other Legislation Amendment Act 2011 Part 9 Amendment of Transport Infrastructure Act 1994 [s 63] (b) give the persons a reasonable opportunity to make submissions to the chief executive in relation to the proposed declaration; and (c) have regard to any submissions made by the persons. ‘(3) Land declared to be a transport interface management area must be— (a) identified specifically in the gazette notice; or (b) identified generally in the gazette notice, and identified specifically in documents described in the gazette notice and available for perusal at an office of the department mentioned in the gazette notice. ‘(4) The identification of land declared to be a transport interface management area may, but need not, be by reference to strata occupied by the land. ‘(5) In this section— transport interface arrangements means— (a) transport interface agreements; or (b) arrangements under section 475ZL. ‘475ZJ Particular persons may enter into transport interface agreement ‘(1) This section applies if— (a) there is a transport interface; and (b) a person ( first person ) owns, manages, controls or is otherwise responsible for a transport interface object the subject of the transport interface; and Examples of a person for paragraph (b) — the chief executive, light rail franchisee, light rail manager (c) another person ( second person ) owns, manages, controls or is otherwise responsible for a relevant thing or place in relation to the transport interface; and Page 46 2011 Act No. 12

Transport and Other Legislation Amendment Act 2011 Part 9 Amendment of Transport Infrastructure Act 1994 [s 63] Examples of persons for paragraph (c) — owner or occupier, a local government, chief executive, public utility plant provider (d) the transport interface is in a transport interface management area. ‘(2) The first person and second person may enter into a transport interface agreement for the transport interface. ‘(3) In this section— relevant thing or place , in relation to a transport interface, means a thing or place mentioned in section 475ZG, definition transport interface , paragraph (b)(i) or (ii). ‘475ZK Failure to enter into transport interface agreement ‘(1) This section applies if the chief executive is satisfied— (a) that, under section 475ZJ, a person is seeking to enter into a transport interface agreement with another person and the agreement has not been entered into because the other person— (i) is unreasonably refusing or failing to enter into a transport interface agreement with the person; or (ii) is unreasonably delaying the negotiation of a transport interface agreement with the person; or (b) that— (i) section 475ZJ applies in relation to persons for a transport interface in a transport interface management area; and (ii) the persons have not made a reasonable attempt to enter into a transport interface agreement for the interface; and (iii) it has been at least 60 days after the declaration of the transport interface management area. 2011 Act No. 12 Page 47

Transport and Other Legislation Amendment Act 2011 Part 9 Amendment of Transport Infrastructure Act 1994 [s 63] ‘(2) The chief executive may give the persons mentioned in subsection (1)(a) or (b) a written notice (a preliminary notice ) that— (a) states the chief executive’s powers under this chapter, including that the chief executive may give a direction under section 475ZL at any time after a stated date that is at least 28 days after the preliminary notice is given; and (b) includes copies of this section and section 475ZL; and (c) identifies the transport interface issues that the chief executive reasonably considers should be dealt with by a transport interface agreement between the persons. ‘(3) The preliminary notice may contain suggested terms for inclusion in a transport interface agreement to deal with the transport interface issues mentioned in subsection (2)(c). ‘(4) The chief executive may, by written notice, ask a person to whom a preliminary notice was given for information the chief executive reasonably requires for giving a direction under section 475ZL. ‘(5) A person to whom a written notice is given under subsection (4) must comply with the notice, unless the person has a reasonable excuse. Maximum penalty for subsection (5)—60 penalty units. ‘475ZL Direction about arrangement that is to apply ‘(1) This section applies if— (a) the chief executive gives persons a preliminary notice under section 475ZK; and (b) the persons have not entered into a transport interface agreement to deal with the transport interface issues identified in the preliminary notice by the date stated in the preliminary notice. ‘(2) The chief executive may— Page 48 2011 Act No. 12

Transport and Other Legislation Amendment Act 2011 Part 9 Amendment of Transport Infrastructure Act 1994 [s 63] (a) decide the arrangements that are to apply in relation to the transport interface issues identified in the preliminary notice; and (b) direct the persons to implement the arrangements by a stated date. ‘(3) A direction under subsection (2)(b) may be given at any time after a day that is at least 28 days after the preliminary notice is given. ‘(4) A direction given under subsection (2)(b) must be written and state the following— (a) the arrangements decided by the chief executive that are to apply in relation to the transport interface issues identified in the preliminary notice; (b) the date by which the arrangements must be implemented. ‘(5) A person to whom a direction is given under subsection (2)(b) must comply with the direction, unless the person has a reasonable excuse. Maximum penalty for subsection (5)—200 penalty units. ‘475ZM Guidelines about transport interfaces etc. ‘(1) The chief executive may make guidelines about the following— (a) how persons may identify transport interface issues that may affect them; (b) measures that may be implemented to deal with particular transport interface issues; (c) standard terms that may be included in transport interface agreements. ‘(2) The chief executive must— (a) publish the guidelines, and the provisions of any document applied, adopted or incorporated by the guidelines, on the department’s website; and 2011 Act No. 12 Page 49

Transport and Other Legislation Amendment Act 2011 Part 9 Amendment of Transport Infrastructure Act 1994 [s 64] Editor’s note — On the day of the commencement of this section the guidelines, and the provisions of any document applied, adopted or incorporated by the guidelines, are available on the department’s website at < (b) make copies of the guidelines, and the provisions of any document applied, adopted or incorporated by the guidelines, available for inspection— (i) without charge; and (ii) during normal business hours; and (iii) at the places the chief executive considers appropriate.’. 64 Amendment of s 477C (Concurrent subleases for declared projects) After section 477C(1)— insert— ‘ Note — See section 262 for the application of particular provisions of the LandAct 1994 to a concurrent sublease granted under this section of all or part of land relating to a declared project mentioned in the InfrastructureInvestment (Asset Restructuring and Disposal) Act 2009 , section 5(1)(c) or (d).’. 65 Insertion of new ss 477F and 477G After section 477E— insert — ‘477F Watercourse crossings ‘(1) Subject to this or another Act, the chief executive may— (a) survey and resurvey a watercourse crossing; and (b) construct, augment, improve, maintain, operate and replace a watercourse crossing; and (c) name and number a watercourse crossing. Page 50 2011 Act No. 12

Transport and Other Legislation Amendment Act 2011 Part 9 Amendment of Transport Infrastructure Act 1994 [s 65] ‘(2) In this section— transport infrastructure includes active transport infrastructure within the meaning of the TransportPlanningand Coordination Act 1994 , section 8A(3). watercourse means land that is the property of the State under the Land Act 1994 , section 9 or 13A(1) or (2). Editor’s note — Land Act 1994 , sections 9 (Land adjacent to tidal boundary or right line tidal boundary owned by State) and 13A (Land adjacent to non-tidal boundary (watercourse) or non-tidal boundary (lake) owned by State) watercourse crossing — (a) means transport infrastructure that is, or is proposed to be, situated over, under, on or in a watercourse; but (b) does not include river crossings under the CityofBrisbane Act 2010 , section 77. ‘477G Chief executive may approve compliance management plan ‘(1) This section applies if the chief executive grants, or proposes to grant, a licence to a person (the relevant person ). ‘(2) The chief executive may ask, or give consent to, the relevant person to submit a plan (a compliance management plan ) addressing 1 or more compliance matters for the licence. ‘(3) If subsection (2) applies, the relevant person may submit to the chief executive a compliance management plan for the compliance matter. ‘(4) A compliance management plan may apply, adopt or incorporate another plan or a part of another plan. Example of a plan — a plan for the construction or scheduling of works ‘(5) The chief executive may approve a compliance management plan for a compliance matter only if the chief executive— (a) has consulted the relevant agency; and 2011 Act No. 12 Page 51

Transport and Other Legislation Amendment Act 2011 Part 9 Amendment of Transport Infrastructure Act 1994 [s 65] (b) is satisfied the compliance matter is adequately addressed in the compliance management plan. ‘(6) If the chief executive approves the compliance management plan, the chief executive must give written notice to the relevant person stating— (a) that the plan is approved; and (b) the date the approved compliance management plan takes effect and the date the approved compliance management plan expires; and (c) the compliance matters addressed in the approved compliance management plan (the approved compliance matters ). ‘(7) If the relevant person complies with the approved compliance management plan, the relevant person is taken to have met the requirements for the approved compliance matters under the relevant laws. ‘(8) In this section— address , a compliance matter, means demonstrate how the purpose of the relevant law will be satisfied in relation to the compliance matter. approval , under a relevant law for a compliance matter, includes an authorisation or permit. compliance matter , for a licence, means a matter— (a) regulated by an Act; and (b) relating to the construction or establishment of the transport infrastructure under the licence. Examples — • the closure of a road, to facilitate construction activities, for which an order may be obtained under the Transport Operations (RoadUse Management) Act 1995 or a local law • construction activities emitting dust, light, noise or odour, to which standards apply under the Environmental Protection Act 1994 or a local law Page 52 2011 Act No. 12

Transport and Other Legislation Amendment Act 2011 Part 9 Amendment of Transport Infrastructure Act 1994 [s 66] licence means a licence to construct or establish transport infrastructure granted under this Act. relevant agency , for a compliance matter, means an entity administering a relevant law for the compliance matter. Examples — the chief executive of a department or a local government relevant law , for a compliance matter, means a law— (a) under which approval is required for the compliance matter; or (b) under which a standard applies for the compliance matter; or (c) that provides for a relevant agency for the compliance matter to enforce compliance with the relevant law; or (d) that otherwise regulates the compliance matter.’. 66 Insertion of new ch 21, pt 3 Chapter 21— insert— ‘Part 3 Validation and transitional provisions for Transport and Other Legislation Amendment Act 2011 ‘578 Declaration and validation for watercourse crossings ‘It is declared that the chief executive has, and always had, the powers conferred on the chief executive under section 477F. ‘579 Interfering with railway ‘Section 255 as in force on the commencement of this section applies to an approval sought but not finally decided before the commencement. 2011 Act No. 12 Page 53

Transport and Other Legislation Amendment Act 2011 Part 9 Amendment of Transport Infrastructure Act 1994 [s 66] ‘580 Interface management ‘(1) A declaration of a light rail interface management area under repealed section 377L that is in effect immediately before the commencement is taken to be a transport interface management area declared under section 475ZI. ‘(2) A written notice given under repealed section 377L(2)(a) before the commencement is taken to be a written notice given under 475ZI(2)(a). ‘(3) A submission made under repealed section 377L(2)(b) before the commencement is taken to be a submission made under 475ZI(2)(b). ‘(4) A light rail interface agreement within the meaning of repealed section 377K that is in force immediately before the commencement is taken to be a transport interface agreement under chapter 15A. ‘(5) A preliminary notice given under repealed section 377N(3) before the commencement is taken to be a preliminary notice given under 475ZK(2). ‘(6) A written notice given under repealed section 377N(5) before the commencement is taken to be a written notice given under 475ZK(4). ‘(7) A direction given under repealed section 377O(2)(b) before the commencement is taken to be a direction given under 475ZL(2)(b). ‘(8) A guideline made under repealed section 377P(1) before the commencement is taken to be a guideline made under 475ZM(1). ‘(9) In this section— commencement means commencement of this section. repealed , in relation to a provision of this Act, means the provision as it was in force from time to time before the commencement. Page 54 2011 Act No. 12

Transport and Other Legislation Amendment Act 2011 Part 9 Amendment of Transport Infrastructure Act 1994 [s 67] ‘581 Internal review of approvals for interfering with railway ‘(1) This section applies to a railway manager’s refusal, on or after the commencement of this section, to approve an interference with a railway under section 255(1)(a). ‘(2) For section 485, the refusal is an original decision even if the approval was first sought before the commencement of this section.’. 67 Amendment of sch 3 (Reviews and appeals) Schedule 3— insert— ‘255(1)(a) 255(2) refusal to approve interference with railway imposition of a condition QCAT QCAT’. 68 Amendment of sch 6 (Dictionary) (1) Schedule 6, definitions interfere with a railway, light rail interface , light rail interface agreement , light rail interface issue , light rail interface management area and relevant person — omit . (2) Schedule 6— insert— ‘ additional local government tollway corridor land , for chapter 6, part 8, division 3, see section 105H(10). additional local government tollway corridor land declaration , for chapter 6, part 8, division 3, see section 105H(11). additional State toll road corridor land , for chapter 6, part 6, division 2, see section 84A(6A). additional State toll road corridor land declaration , for chapter 6, part 6, division 2, see section 84A(6B). 2011 Act No. 12 Page 55

Transport and Other Legislation Amendment Act 2011 Part 9 Amendment of Transport Infrastructure Act 1994 [s 68] appropriate register see the Land Act 1994 , schedule 6. dealing number , for a lease under section 84C(6) or (6A) or 105J(6), (9) or (10), means a number assigned to the lease by the registrar of titles. lease reference number , for a lease mentioned in section 84C(4) or 105J(4), means the number for the lease recorded by the registrar of titles in the leasehold land register. light rail operator , for a light rail, means a person who is accredited, as a rail transport operator in relation to railway operations for light rail, under the Rail Safety Act. original local government tollway corridor land , for chapter 6, part 8, division 3, see section 105H(10). original State toll road corridor land , for chapter 6, part 6, division 2, see section 84A(6A). railway crossing means a level crossing, bridge or another structure used to cross over or under a railway. relevant person — (a) for chapter 7, part 2, see section 109; or (b) for chapter 13, see section 438. State land means any of the following— (a) unallocated State land; (b) a road, including a State-controlled road and local government road; (c) trust land under the Land Act 1994 ; (d) lease land under the Land Act 1994 ; (e) a watercourse crossing; (f) land otherwise held by or vested in the State. transport interface , for chapter 15A, see section 475ZG. transport interface agreement , for chapter 15A, see section 475ZG. Page 56 2011 Act No. 12

Transport and Other Legislation Amendment Act 2011 Part 11 Amendment of Transport Operations (Passenger Transport) Act 1994 [s 91] (a) be in writing; and (b) state the following— (i) the person’s name; (ii) that the person is or has been subject to the relevant order. ‘(4) The chief executive (corrective services) and the chief executive may enter into a written arrangement by which written notices are given under subsection (1). ‘(5) Without limiting subsection (4), the arrangement may provide for the written notices to be given electronically. ‘(6) However, if written notices under subsection (1) are to be given electronically and, under an Act, there is a limitation on who may access the information mentioned in the notices or the purposes for which that information may be used, the arrangement must provide for the limitation. ‘(7) The disclosure of information by the chief executive (corrective services) under this section is authorised despite any other Act or law, including a law imposing an obligation to maintain confidentiality about the information. Note — See section 148C for the confidentiality of information under this Act. ‘(8) In this section— chief executive (corrective services) means the chief executive of the department in which the Corrective ServicesAct 2006 is administered.’. 91 Insertion of new ch 13, pt 11 Chapter 13— insert— 2011 Act No. 12 Page 87

Transport and Other Legislation Amendment Act 2011 Part 11 Amendment of Transport Operations (Passenger Transport) Act 1994 [s 91] ‘Part 11 Transitional provisions for Transport and Other Legislation Amendment Act 2011 ‘189 Application of amended provisions about driver disqualifying offences in relation to driver authorisations ‘(1) A postcommencement provision applies in relation to an application for driver authorisation made but not decided before the commencement. ‘(2) Also, a postcommencement provision applies to a person who holds driver authorisation granted or renewed before the commencement. ‘(3) In this section— commencement means the commencement of this section. postcommencement provisions means the following provisions as in force on and from the commencement— (a) section 28B; (b) schedule 3, definition, category A driver disqualifying offence ; (c) schedule 3, definition, category B driver disqualifying offence ; (d) schedule 3, definition, category C driver disqualifying offence ; (e) schedule 1A. ‘190 Application of ch 11, pt 4B immediately before the commencement ‘(1) Chapter 11, part 4B immediately before the commencement of this section applies in relation to a relevant application in Page 88 2011 Act No. 12

Transport and Other Legislation Amendment Act 2011 Part 11 Amendment of Transport Operations (Passenger Transport) Act 1994 [s 92] relation to a person made but not decided before the commencement of this section. ‘(2) In this section— relevant application , in relation to a person, means an application under chapter 11, part 4B for the following— (a) an exclusion order in relation to the person; (b) an order varying or revoking an exclusion order in relation to a person. ‘191 Application of ch 11, pt 4C ‘(1) Chapter 11, part 4C does not apply to an act of violence committed by a person before the commencement of this section. ‘(2) Chapter 11, part 4C does not apply in relation to an infringement notice served on a person before the commencement of this section.’. 92 Amendment of sch 1 (Disqualifying offences—provisions of the Criminal Code) (1) Schedule 1, part 1, item 19— omit. (2) Schedule 1— insert — ‘ Part 3 Provisions repealed by Criminal Code and Other ActsAmendment Act 2008 ‘1 chapter 42 (Frauds by trustees and officers of companies and corporations—false accounting)’. 2011 Act No. 12 Page 89

Transport and Other Legislation Amendment Act 2011 Part 11 Amendment of Transport Operations (Passenger Transport) Act 1994 [s 93] 93 Amendment of sch 1A (Driver disqualification offences) (1) Schedule 1A, authorising provision, ‘definition driver disqualifying offence ’— omit, insert — ‘definitions category A driver disqualifying offence , category B driver disqualifying offence and category C driver disqualifying offence ’. (2) Schedule 1A, part 1, before division 1— insert — ‘Division 1A Classification of Computer Games and Images Act 1995 1 section 23 (Demonstration of an objectionable computer game before a minor) 2 section 26(3) (Possession of objectionable computer game) 3 section 27(3) and (4) (Making objectionable computer game) 4 section 28 (Obtaining minor for objectionable computer game) ‘Division 1B Classification of Films Act 1991 1 section 41(3) (Possession of objectionable film) 2 section 42(3) and (4) (Making objectionable film) 3 section 43 (Procurement of minor for objectionable film) ‘Division 1C Classification of Publications Act 1991 1 section 12 (Sale etc. of prohibited publication or child abuse photograph) 2 section 13 (Possession of prohibited publication) Page 90 2011 Act No. 12

Transport and Other Legislation Amendment Act 2011 Part 11 Amendment of Transport Operations (Passenger Transport) Act 1994 [s 93] 3 section 14 (Possession of child abuse publication or child abuse photograph) 4 section 15 (Exhibition or display of prohibited publication or child abuse photograph) 5 section 16 (Leaving prohibited publication or child abuse photograph in or on public place) 6 section 17(1) (Producing prohibited publication) 7 section 17(2) (Producing prohibited publication) 8 section 17(3) and (4) (Producing prohibited publication) 9 section 18 (Procurement of minor for RC publication or child abuse photograph) 10 section 20 (Leaving prohibited publication or child abuse photograph in or on private premises)’. (3) Schedule 1A, part 1, division 1, items 3, 8 and 11— omit. (4) Schedule 1A, part 1, division 1— insert — ‘3 section 213 (Owner etc. permitting abuse of children on premises) 6A section 218 (Procuring sexual acts by coercion etc.), if the offence was committed against a child 8 section 219 (Taking child for immoral purposes) 8A section 221 (Conspiracy to defile), if the offence was committed against a child 10A section 228A (Involving child in making child exploitation material) 10B section 228B (Making child exploitation material) 10C section 228C (Distributing child exploitation material) 10D section 228D (Possessing child exploitation material) 11 section 229B (Maintaining a sexual relationship with a child) 2011 Act No. 12 Page 91

Transport and Other Legislation Amendment Act 2011 Part 11 Amendment of Transport Operations (Passenger Transport) Act 1994 [s 93] 12A section 229G (Procuring engagement in prostitution), only if an offender was or could have been liable as mentioned in section 229G(2) 12B section 229H (Knowingly participating in provision of prostitution), only if an offender was or could have been liable as mentioned in section 229H(2) 12C section 229I (Persons found in places reasonably suspected of being used for prostitution etc.), only if an offender was or could have been liable as mentioned in section 229I(2) 12D section 229L (Permitting young person etc. to be at place used for prostitution) 12E section 300 (Unlawful homicide), only if the unlawful killing is murder under section 302 and was committed against a child 14 section 350 (Attempt to commit rape), if the offence was committed against a child 15 section 351 (Assault with intent to commit rape), if the offence was committed against a child 16 section 352 (Sexual assaults), if the offence was committed against a child’. (5) Schedule 1A, part 1— insert — ‘Division 4 Criminal Code (Cwlth) 1 section 270.6 (Sexual servitude offences), only if an offender was or could have been liable as mentioned in section 270.8 2 section 270.7 (Deceptive recruiting for sexual services), only if an offender was or could have been liable as mentioned in section 270.8 3 section 474.19 (Using a carriage service for child pornography material) Page 92 2011 Act No. 12

Transport and Other Legislation Amendment Act 2011 Part 11 Amendment of Transport Operations (Passenger Transport) Act 1994 [s 93] 4 section 474.20 (Possessing, controlling, producing, supplying or obtaining child pornography material for use through a carriage service) 5 section 474.22 (Using a carriage service for child abuse material) 6 section 474.23 (Possessing, controlling, producing, supplying or obtaining child abuse material for use through a carriage service) 7 section 474.26 (Using a carriage service to procure persons under 16 years of age) 8 section 474.27 (Using a carriage service to “groom” persons under 16 years of age) ‘Division 5 Customs Act 1901 (Cwlth) 1 section 233BAB (Special offence relating to tier 2 goods), if the offence involved child pornography or child abuse material ‘Division 6 Provisions of the Crimes Act 1914 (Cwlth) repealed by the Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 (Cwlth) 1 section 50BA (Sexual intercourse with child under 16) 2 section 50BB (Inducing child under 16 to engage in sexual intercourse) 3 section 50BC (Sexual conduct involving child under 16) 4 section 50BD (Inducing child under 16 to be involved in sexual conduct) 5 section 50DA (Benefiting from offence against this Part) 6 section 50DB (Encouraging offence against this Part)’. 2011 Act No. 12 Page 93

Transport and Other Legislation Amendment Act 2011 Part 11 Amendment of Transport Operations (Passenger Transport) Act 1994 [s 94] (6) Schedule 1A, part 2, entry for the Drugs Misuse Act 1986 — omit. (7) Schedule 1A, part 3, division 1, item 17— omit. (8) Schedule 1A, part 3— insert — ‘Division 3 Provisions of the Criminal Code repealed by the Criminal Code andOther Acts Amendment Act 2008 ‘1 chapter 42 (Frauds by trustees and officers of companies and corporations—false accounting)’. 94 Amendment of sch 3 (Dictionary) (1) Schedule 3, definitions authorised person , proper officer , public transport network and relevant offence , for chapter 11, part 4 and chapter 11, part 4B— omit. (2) Schedule 3— insert — ‘ act of violence , for chapter 11, part 4C, see section 129ZH. authorised person — (a) for chapter 11, part 4C—see section 129ZH; or (b) otherwise—means a person who is— (i) an authorised person under section 111(1); or (ii) appointed as an authorised person under section 111(2); or (iii) a transit officer. CCYPCG Act means the Commission for Children and YoungPeople and Child Guardian Act 2000. Page 94 2011 Act No. 12

Transport and Other Legislation Amendment Act 2011 Part 11 Amendment of Transport Operations (Passenger Transport) Act 1994 [s 94] civil banning order , for chapter 11, part 4C, see section 129ZJ(1). copy , of a taxi service bailment agreement, includes any change of the taxi service bailment agreement. imprisonment order means an imprisonment order under the CCYPCG Act. interim civil banning order , for chapter 11, part 4C, see section 129ZP(2). light rail manager , for a light rail, see the TransportInfrastructure Act 1994 , schedule 6. light rail operator , for a light rail, see the TransportInfrastructure Act 1994 , schedule 6. proper officer , of a court making a civil banning order or exclusion order, has the meaning given by the Penalties andSentences Act 1992 , section 4. public transport network means the following— (a) all general route services; (b) all public transport infrastructure associated with a general route service. relevant offence — (a) for chapter 11, part 4—see section 126P; or (b) for chapter 11, part 4B or 4C—means an offence against a relevant provision as defined under section 143AHA(3). relevant order means— (a) an imprisonment order; or (b) the obligations or an order mentioned in the CCYPCG Act, section 170(b). respondent , for chapter 11, part 4C, see section 129ZJ(1).’. (3) Schedule 3, definition category A driver disqualifying offence , from ‘when the person’ to ‘the Criminal Code’— 2011 Act No. 12 Page 95

Transport and Other Legislation Amendment Act 2011 Part 11 Amendment of Transport Operations (Passenger Transport) Act 1994 [s 94] omit, insert — ‘who is subject to an obligation or order mentioned in the CCYPCG Act, section 170(b), or by a person when the person was at least 17 years and for which an imprisonment order is or was imposed— (a) an offence against a provision of an Act’. (4) Schedule 3, definition category B driver disqualifying offence , paragraph (a)(i), ‘ Commission for Children and Young People and Child Guardian Act 2000 ’— omit, insert — ‘CCYPCG Act’. (5) Schedule 3, definition category B driver disqualifying offence , paragraph (b), ‘person was under 17 years.’— omit, insert— ‘person was— (i) under 17 years, whether or not an imprisonment order is or was imposed, if the person is not subject to an obligation or an order mentioned in the CCYPCG Act, section 170(b); or (ii) at least 17 years and— (A) no imprisonment order is or was imposed; and (B) the person is not subject to an obligation or order mentioned in the CCYPCG Act, section 170(b).’. (6) Schedule 3, definition public transport infrastructure — insert— ‘(ca) a light rail; (cb) a light rail vehicle or other public passenger vehicle being operated by a light rail manager, or light rail operator, for a light rail; Page 96 2011 Act No. 12

Transport and Other Legislation Amendment Act 2011 Part 12 Amendment of Transport Operations (Road Use Management) Act 1995 [s 95] (cc) a car park under the control of a light rail manager, or light rail operator, for a light rail; (cd) facilities for passengers to interchange between light rail and other modes of transport under the control of a light rail manager, or light rail operator, for a light rail;’. Part 12 Amendment of Transport Operations (Road Use Management) Act 1995 95 Act amended This part amends the TransportOperations(RoadUseManagement) Act 1995. 96 Amendment of s 31 (Power to stop private vehicles) Section 31(1), note— omit. 97 Amendment of s 49 (Power to require documents to be produced) Section 49(2D), note— omit. 98 Amendment of s 77 (Restricted release of person’s prescribed authority and traffic history information) (1) Section 77, heading, after ‘Restricted’— insert— ‘ written ’. (2) Section 77(1) and (2), after ‘may release’— 2011 Act No. 12 Page 97

Transport and Other Legislation Amendment Act 2011 Part 12 Amendment of Transport Operations (Road Use Management) Act 1995 [s 99] insert— ‘, in writing,’. 99 Insertion of new s 77AA After section 77— insert— ‘77AA Restricted oral release of particular information ‘(1) The chief executive may orally release, to a person, information kept under this Act about the person’s prescribed authority or traffic history. ‘(2) However, subsection (1) applies only if the chief executive is satisfied that the person is the person to whom the information relates. Example for subsection (2) — The chief executive may be satisfied as required under subsection (2) if the person correctly answers a series of questions, or produces a document, for identifying the person.’. 100 Amendment of s 79 (Vehicle offences involving liquor or other drugs) (1) Section 79(1D) and (1E), ‘subsection (2)’— omit, insert— ‘subsection (1F), (2)’. (2) Section 79— insert— ‘(1F) Offence of driving etc. while over middle alcohol limit but not over high alcohol limit Any person who, while the person is over the middle alcohol limit but is not over the high alcohol limit— (a) drives a motor vehicle, tram, train or vessel; or Page 98 2011 Act No. 12

Transport and Other Legislation Amendment Act 2011 Part 12 Amendment of Transport Operations (Road Use Management) Act 1995 [s 100] (b) attempts to put in motion a motor vehicle, tram, train or vessel; or (c) is in charge of a motor vehicle, tram, train or vessel; is guilty of an offence and liable to a penalty not exceeding 20 penalty units or to imprisonment for a term not exceeding 6 months.’. (3) Section 79(2), ‘high’— omit, insert— ‘middle’. (4) Section 79(2F) to (2I) and (4), ‘subsection (2)’— omit, insert— ‘subsection (1F), (2)’. (5) Section 79(4)(b)— omit, insert— ‘(b) that at the material time the defendant— (i) was over the middle alcohol limit; or (ii) was over the general alcohol limit; or (iii) was a person to whom subsection (2A), (2B), (2D), (2J), (2K) or (2L) referred and was over the no alcohol limit;’. (6) Section 79(4A), ‘subsection (2)’— omit, insert— ‘subsection (1F) or (2)’. (7) Section 79(6), after ‘(1)(c),’— insert— ‘(1F)(c),’. (8) Section 79(6)(a)(iv)(A) and (B)— renumber as section 79(6)(a)(iv)(B) and (C). (9) Section 79(6)(a)(iv)— 2011 Act No. 12 Page 99

Transport and Other Legislation Amendment Act 2011 Part 12 Amendment of Transport Operations (Road Use Management) Act 1995 [s 100] insert— ‘(A) the middle alcohol limit; or’. (10) Section 79(6)(d) and (9), after ‘subsection (1),’— insert— ‘(1F),’. (11) Section 79(9), from ‘until the time’— omit, insert— ‘until— (a) the court revokes the order in the interests of justice; or (b) the time when the charge is heard and decided or otherwise disposed of.’. (12) Section 79(9A), ‘subject to subsection (10)’— omit, insert— ‘subject to the following— (a) subsection (10); (b) the BailAct1980 , section 20(3AA) to the extent the section provides that the person need not appear personally if the person is represented by the person’s lawyer.’. (13) Section 79(10), from ‘if it is satisfied’— omit, insert— ‘if it is satisfied— (a) on medical or other evidence placed before the court that the person’s failure to appear before it was caused by any medical or other circumstance making the person physically incapable of appearing before the court; or (b) making the order would not otherwise be in the interests of justice.’. (14) Section 79, after subsection (10)— insert— Page 100 2011 Act No. 12

Transport and Other Legislation Amendment Act 2011 Part 12 Amendment of Transport Operations (Road Use Management) Act 1995 [s 101] ‘(10AA) A Magistrates Court has and may exercise a discretion to make an order revoking an order made under subsection (9) if it is satisfied revoking the order is in the interests of justice.’. 101 Amendment of s 79A (When is a person over the limit) Section 79A— insert— ‘(2A) For this Act, a person is over the middle alcohol limit if— (a) the concentration of alcohol in the person’s blood is, or is more than, 100mg of alcohol in 100mL of blood; or (b) the concentration of alcohol in the person’s breath is, or is more than, 0.100g of alcohol in 210L of breath.’. 102 Amendment of s 79B (Immediate suspension or disqualification) Section 79B(1), after paragraph (a)— insert— ‘(ab) charged under section 79(1F) with an offence; or’. 103 Amendment of s 79E (Court may allow particular person whose licence is suspended under s 79B to drive) Section 79E(1)(a), after ‘79B(1)(a),’— insert— ‘(ab),’. 104 Amendment of s 79G (When person is disqualified while section 79E order applies) Section 79G(3), definition suspended licence , after ‘79B(1)(a),’— insert— ‘(ab),’. 2011 Act No. 12 Page 101

Transport and Other Legislation Amendment Act 2011 Part 12 Amendment of Transport Operations (Road Use Management) Act 1995 [s 105] 105 Amendment of s 80 (Breath and saliva tests, and analysis and laboratory tests) (1) Section 80(2), subsection heading, after ‘breath’— insert— ‘or saliva’. (2) Section 80(2), (15G) and (16F), ‘2 hours’— omit, insert— ‘3 hours’. (3) Section 80(2), after ‘by the person’— insert— ‘, a specimen of saliva for a saliva test by the person, or both’. (4) Section 80(2AA)— omit. (5) Section 80(2B)(a), (2C), (3), (5), (5A), (6)(b) and (8C), ‘, (2AA)’— omit. (6) Section 80(4)— omit, insert— ‘(4) Time limits for requirement for specimen ‘A requirement must not be made under subsection (2) or (2A) unless it is made as soon as practicable and within 3 hours after the event happens that authorises the police officer to make the requirement under the subsection.’. (7) Section 80(8D)(b)— omit, insert— ‘(b) the requirement is made as soon as practicable and within 3 hours of the event that authorises the police officer to make the authorising requirement.’. (8) Section 80(8J), after ‘Operator of’— insert— Page 102 2011 Act No. 12

Transport and Other Legislation Amendment Act 2011 Part 12 Amendment of Transport Operations (Road Use Management) Act 1995 [s 105] ‘saliva’. (9) Section 80(8J), ‘breath analysing instrument or’— omit. (10) Section 80(8J)(b), from ‘the specimen of breath’ to ‘analysis or’— omit. (11) Section 80(10)(a)— omit, insert— ‘(a) is a person whom a police officer may require under subsection (2) or (2A) to provide a specimen of breath for a breath test or a specimen of saliva for a saliva test; and’. (12) Section 80(10E), ‘mentioned in subsection (10)(a)(i)’— omit, insert— ‘whom a police officer may require under subsection (2) or (2A) to provide a specimen of breath for a breath test’. (13) Section 80(10EA), ‘mentioned in subsection (10)(a)(ii)’— omit, insert— ‘whom a police officer may require under subsection (2) or (2A) to provide a specimen of saliva for a saliva test’. (14) Section 80(15), ‘must deliver—’— omit, insert— ‘must—’. (15) Section 80(15)(a)— omit, insert— ‘(a) either— (i) if the specimen was analysed by the police officer who made the requisition—retain 1 copy of the certificate; or 2011 Act No. 12 Page 103

Transport and Other Legislation Amendment Act 2011 Part 12 Amendment of Transport Operations (Road Use Management) Act 1995 [s 106] (ii) otherwise—deliver 1 copy of the certificate to the police officer who made the requisition; and’. (16) Section 80(15)(b), ‘the other’— omit, insert— ‘deliver the other’. (17) Section 80(15B), ‘and must deliver’— omit, insert— ‘and must’. (18) Section 80(15B)(g)— omit, insert— ‘(g) either— (i) if the operator of the breath analysing instrument is the police officer who made the requisition—retain 1 copy of the certificate; or (ii) otherwise—deliver 1 copy of the certificate to the police officer who made the requisition; and’. (19) Section 80(15B)(h), ‘the other copy’— omit, insert— ‘deliver the other copy’. (20) Section 80(16F), ‘Two’— omit, insert— ‘Three’. 106 Amendment of s 81 (Notices to offenders for certain first offences) Section 81(1) and (2)— omit, insert— ‘(1) A police officer may serve a notice on a person if— Page 104 2011 Act No. 12

Transport and Other Legislation Amendment Act 2011 Part 12 Amendment of Transport Operations (Road Use Management) Act 1995 [s 107] (a) the police officer believes on reasonable grounds that the person has committed an offence against— (i) section 79(2), (2A), (2B), (2D), (2K) or (2L); or (ii) section 79(2J) while the person is the holder of a restricted licence; and (b) the person has not, within the 5 years before the alleged offence, been convicted of an offence against section 79 or 80(11).’. 107 Amendment of s 86 (Disqualification of drivers of motor vehicles for certain offences) (1) Section 86(1)(b), (1F), (1G) and (2), ‘79(2)’— omit, insert— ‘79(1F), (2)’. (2) Section 86(2)(e), after ‘restricted licence’— insert— ‘, if paragraph (ea) does not apply’. (3) Section 86(2)— insert— ‘(ea) if the person is convicted of an offence in relation to a motor vehicle against section 79(1F)—for a period of not less than 3 months and not more than 12 months from the date of the conviction from holding or obtaining a Queensland driver licence; or’. (4) Section 86(2B), (2D), (2F), (3E) and (3F), ‘79(2)’— omit, insert— ‘79(1F), (2)’. 108 Amendment of s 87 (Issue of restricted licence to disqualified person) (1) Section 87(5)(db)(i), ‘79(2)’— 2011 Act No. 12 Page 105

Transport and Other Legislation Amendment Act 2011 Part 12 Amendment of Transport Operations (Road Use Management) Act 1995 [s 109] omit, insert— ‘79(1F) or (2)’. (2) Section 87(5B)— insert— ‘(da) if the disqualification for which the application is made resulted from the applicant’s conviction for an offence against section 79(1F)—a suspension under section 79B resulting from the applicant being charged with the offence; or’. (3) Section 87— insert— ‘(5C) For subsection (5)(f), if— (a) the disqualification for which the application is made resulted from the applicant’s conviction for an offence against section 79(1F); and (b) immediately before the disqualification, the applicant’s provisional or open licence was suspended under section 79B(2) as a result of the applicant being charged with the offence; despite section 127(4), the applicant is the holder of a provisional or open licence immediately before the disqualification.’. 109 Amendment of s 90A (Definitions for ss 90B–90D) Section 90A, definition designated offence , paragraph (a)(i), and definition drink driving offence , paragraph (a)(ii), after ‘79(1),’— insert— ‘(1F),’. Page 106 2011 Act No. 12

Transport and Other Legislation Amendment Act 2011 Part 12 Amendment of Transport Operations (Road Use Management) Act 1995 [s 110] 110 Amendment of s 91I (Definitions for pt 3B) Section 91I, definition drink driving offence , paragraph (g), ‘79(2)’— omit, insert— ‘79(1F), (2)’. 111 Amendment of s 91Q (Deciding application for interlock exemption) Section 91Q(3)(a)— omit, insert— ‘(a) that one of the following applies in relation to the applicant’s principal place of residence (the applicant’s residence )— (i) the shortest reasonable distance, or shortest reasonable travelling time, using a motor vehicle, between the applicant’s residence and the nearest place of business of a prescribed interlock installer (the nearest place of business ) is greater than the distance or time prescribed under a regulation; (ii) the applicant’s residence is at a location, prescribed under a regulation, from which the nearest place of business is not reasonably accessible using a motor vehicle; or (iii) the applicant’s residence is outside both of the following— (A) a radius prescribed under a regulation from the nearest place of business; (B) an area in which a prescribed interlock installer provides or operates a mobile service for the installation of interlocks; or’. 2011 Act No. 12 Page 107

Transport and Other Legislation Amendment Act 2011 Part 12 Amendment of Transport Operations (Road Use Management) Act 1995 [s 112] 112 Omission of s 170A (Expiry and amendment of certain provisions) Section 170A— omit. 113 Insertion of new ch 7, pt 16 After section 222— insert— ‘Part 16 Transitional provision for Transport and Other Legislation Amendment Act 2011 ‘223 Amendment of Transport Operations (Road Use Management—Driver Licensing) Regulation 2010 ‘The amendment of a regulation by the Transport and Other Legislation Amendment Act 2011 does not affect the power of the Governor in Council to further amend the regulation or to repeal it.’. 114 Amendment of sch 4 (Dictionary) Schedule 4— insert— ‘ middle alcohol limit see section 79A.’. Page 108 2011 Act No. 12

Transport and Other Legislation Amendment Act 2011 Part 13 Amendment of Transport Operations (Road Use Management—Driver Licensing) Regulation 2010 [s 115] Part 13 Amendment of Transport Operations (Road Use Management—Driver Licensing) Regulation 2010 115 Regulation amended This part amends the Transport Operations (Road Use Management—Driver Licensing) Regulation 2010. 116 Amendment of s 90 (Definitions for pt 13) Section 90, definition suspended licence , after ‘79B(1)(a),’— insert— ‘(ab),’. Part 14 Amendment of Transport Planning and Coordination Act 1994 117 Act amended This part amends the TransportPlanningandCoordinationAct 1994. 118 Amendment of s 27 (Power of chief executive to lease, sell or otherwise dispose of land) Section 27, heading, after ‘land’— insert — ‘ for transport purpose ’. 2011 Act No. 12 Page 109

Transport and Other Legislation Amendment Act 2011 Part 14 Amendment of Transport Planning and Coordination Act 1994 [s 119] 119 Replacement of s 27A (Power of chief executive to dispose of land subject to easement) Section 27A— omit, insert — ‘27A Power of chief executive to dispose of land ‘(1) This section applies if— (a) land has been acquired under this part, and is no longer required by the chief executive as the constructing authority, under the Acquisition of Land Act 1967 ; and (b) the chief executive intends to offer the land to the former owner. ‘(2) Also, this section applies despite the Acquisition of Land Act1967 , section 41. ‘(3) Subsection (4) applies if the chief executive reasonably believes an easement over all or part of the land is necessary to ensure the structural and operational integrity of transport infrastructure. ‘(4) The chief executive must lodge with the registrar of titles the documents that the registrar considers necessary to evidence the easement in favour of the chief executive in the appropriate register. ‘(5) The chief executive must, within 7 years after the date of acquisition, give notice of the chief executive’s intention (the chief executive’s notice ) to offer the land to the former owner. ‘(6) The chief executive’s notice must— (a) be in writing; and (b) state that— (i) the chief executive intends to sell the land; and (ii) if the chief executive has registered the easement mentioned in subsection (4)—the easement has been registered and the nature and terms of the easement; and Page 110 2011 Act No. 12

Transport and Other Legislation Amendment Act 2011 Part 14 Amendment of Transport Planning and Coordination Act 1994 [s 119] (iii) the former owner must, within 28 days after the notice is given (the relevant time ), give written notice to the chief executive (the former owner’s notice ) about whether the former owner is interested in buying the land; and (iv) if the chief executive does not receive the former owner’s notice within the relevant time, the formal offer lapses and the chief executive may dispose of the land subject to any easement mentioned in subsection (3). ‘(7) Subsection (8) applies if the chief executive— (a) receives, within the relevant time, the former owner’s notice stating the former owner is not interested in buying the land; or (b) does not receive the former owner’s notice within the relevant time. ‘(8) The chief executive may, for the State, dispose of the land subject to any easement in favour of the chief executive. ‘(9) Subsection (10) applies if the chief executive receives, within the relevant time, the former owner’s notice stating the former owner is interested in buying the land. ‘(10) The chief executive must offer (the formal offer ) the land, subject to any easement, for sale to the former owner at a price (the sale price ) decided by the chief executive. ‘(11) The formal offer must be in writing. ‘(12) In deciding the price at the which the land may be sold under subsection (8) or the sale price, the chief executive must take into account— (a) a valuation by a registered valuer; and (b) the policies and systems relating to the management of government assets; and (c) the existence of any easement. ‘(13) A person contracting or otherwise dealing with the chief executive is not concerned to inquire whether the 2011 Act No. 12 Page 111

Transport and Other Legislation Amendment Act 2011 Part 15 Amendment of Transport (Rail Safety) Act 2010 [s 120] requirements of this section have been complied with, and the title of the person to land acquired from the chief executive is not affected by a failure to comply with the requirements. ‘(14) In this section— former owner see the Acquisition of Land Act 1967 , section 41(2). registered valuer means a valuer registered under the ValuersRegistration Act 1992 .’. Part 15 Amendment of Transport (Rail Safety) Act 2010 120 Act amended This part amends the Transport (Rail Safety) Act 2010. 121 Amendment of s 42 (Exemption may be granted) Section 42(1) and (3), ‘private isolated’— omit, insert— ‘low risk’. 122 Amendment of s 43 (Application for exemption) Section 43(1), ‘private isolated’— omit, insert— ‘low risk’. Page 112 2011 Act No. 12

Transport and Other Legislation Amendment Act 2011 Part 15 Amendment of Transport (Rail Safety) Act 2010 [s 123] 123 Amendment of s 44 (What applicant must demonstrate and conditions that may be imposed) Section 44(2)(b)(i)— omit. 124 Insertion of new pt 12A After section 267— insert— ‘Part 12A Protection for whistleblowers ‘267A Application of pt 12A ‘This part applies to a person other than a person who makes a disclosure as a public officer under the PublicInterestDisclosure Act 2010 . ‘267B General limitation ‘(1) A person (the disclosing person ) is not civilly or criminally liable for disclosing information to an official about a person’s conduct, whether committed before or after the commencement of this section, that the disclosing person honestly believes, on reasonable grounds, contravenes this Act. ‘(2) Without limiting subsection (1)— (a) in a proceeding for defamation, the disclosing person has a defence of absolute privilege for publishing the disclosed information; and (b) if the disclosing person would otherwise be required to maintain confidentiality about the disclosed information under an Act, agreement, oath, rule of law or practice, the disclosing person does not— 2011 Act No. 12 Page 113

Transport and Other Legislation Amendment Act 2011 Part 15 Amendment of Transport (Rail Safety) Act 2010 [s 125] (i) contravene the Act, oath, rule of law or practice by making the disclosure; or (ii) breach the agreement by making the disclosure. ‘(3) In this section— agreement includes a contract or deed. ‘267C Liability for conduct unaffected ‘(1) The liability of the disclosing person for his or her own conduct is not affected only because the disclosing person discloses the conduct to an official. ‘(2) However, a court may have regard to the disclosure if— (a) the disclosing person is prosecuted for an offence involving the conduct; and (b) the disclosing person’s conduct was in compliance with an express instruction of a rail transport operator or someone authorised by a rail transport operator to give the instruction. ‘(3) Subsection (2) does not limit the Penalties and Sentences Act1992 .’. 125 Amendment of sch 3 (Dictionary) (1) Schedule 3, definition private isolated railway — omit. (2) Schedule 3— insert— ‘ disclosing person see section 267B(1). low risk railway means a railway not connected to or associated with— (a) railway tracks, or any other rail infrastructure, of another railway; or (b) a rail or public road crossing. Page 114 2011 Act No. 12

Transport and Other Legislation Amendment Act 2011 Part 15 Amendment of Transport (Rail Safety) Act 2010 [s 125] rail or public road crossing means a part of a public road’s road transport infrastructure, as defined under the TransportInfrastructure Act 1994 , schedule 6, that is— (a) a level crossing as defined under the Queensland Road Rules, section 120; or (b) an area where a footpath, as defined under the TransportOperations (Road Use Management) Act 1995 , schedule 4, crosses a railway at substantially the same level; or (c) an area where a shared path, as defined under the Queensland Road Rules, section 242, crosses a railway at substantially the same level; or (d) a bridge carrying a public road over a railway; or (e) a bridge carrying a railway over a public road; or (f) a lane of a public road on which rolling stock moves alongside road vehicles on the public road.’. (3) Schedule 3, definition rail or road crossing , paragraph (b), after ‘ Transport ’— insert— ‘ Operations ’. © State of Queensland 2011 2011 Act No. 12 Page 115