Transport and Other Legislation Amendment Regulation (No. 1) 1998 (Qld)

Queensland Subordinate Legislation 1998 No. 321 Justices Act 1886 Transport Operations (Road Use Management) Act 1995 TRANSPORT AND OTHER LEGISLATION AMENDMENT REGULATION (No. 1) 1998 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 PART 2—AMENDMENT OF TRANSPORT INFRASTRUCTURE (ROADS) REGULATION 1991 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Amendment of s 2 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Amendment of s 12 (Use of vehicle on road) . . . . . . . . . . . . . . . . . . . . . . . . 4 5 Amendment of s 29 (Transfer of registration) . . . . . . . . . . . . . . . . . . . . . . . . 4 6 Amendment of s 31 (Cancellation of registration) . . . . . . . . . . . . . . . . . . . . 5 7 Amendment of s 36 (Issue of dealer’s plates) . . . . . . . . . . . . . . . . . . . . . . . . 5 8 Amendment of s 38 (Use of dealer’s plates) . . . . . . . . . . . . . . . . . . . . . . . . . 6 9 Insertion of new s 44A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 44A Permit to use intercepted unregistered vehicle on road . . . . . . . . . . 6 10 Amendment of sch 1 (Fees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 PART 3—AMENDMENT OF TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) REGULATION 1995 11 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 12 Replacement of s 7 (Concessional registration fees—pensioners) . . . . . . . 8 7 Concessional registration fees—eligible persons . . . . . . . . . . . . . . . 8

2 Transport and Other Legislation Amendment (No. 1) No. 321, 1998 PART 4—AMENDMENT OF JUSTICES REGULATION 1993 13 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 14 Amendment of sch 1 (Nominated laws for infringement notice offences) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

s1 3 s3 Transport and Other Legislation Amendment No. 321, 1998 (No. 1) PART 1—PRELIMINARY ˙ Short title 1. This regulation may be cited as the Transport and Other Legislation Amendment Regulation (No. 1) 1998 . PART 2—AMENDMENT OF TRANSPORT INFRASTRUCTURE (ROADS) REGULATION 1991 ˙ Regulation amended 2. This part amends the TransportInfrastructure(Roads)Regulation1991 . 1 ˙ Amendment of s 2 (Definitions) 3.(1) Section 2— insert— ‘ “damage” , for a number plate, includes deterioration. “dealer’s (trailer trade) plate” means a dealer’s plate issued under part 4, division 5 that authorises the use of an unregistered trailer on a road. “disposal notice” see section 29(7). “pensioner concession card” means a card known as a pensioner concession card issued under Commonwealth law.’. (2) Section 2, definition “owner” — insert — 1 The regulation was made under the TransportInfrastructure(Roads)Act1991 . On the repeal of that Act, the regulation continued to have effect under the TransportOperations(RoadUseManagement)Act1995 —see TransportLegislation Amendment Regulation (No. 1) 1998 (SL No. 170 of 1998).

s4 4 s5 Transport and Other Legislation Amendment No. 321, 1998 (No. 1) ‘(c) a person whose name is shown as the new owner in a disposal notice for the vehicle.’. ˙ Amendment of s 12 (Use of vehicle on road) 4. Section 12— insert— ‘(d) by a permit issued under section 44A.’. ˙ Amendment of s 29 (Transfer of registration) 5.(1) Section 29(7), after ‘to the buyer’— insert— ‘or give notice (a “disposal notice” ) to the chief executive, in the approved form, of the seller’s disposal of the vehicle to the buyer.’. (2) Section 29— insert — ‘ (8A) On receipt of a disposal notice, the chief executive may— (a) record in the register of vehicles the date of disposal in the notice; and (b) substitute the name and address of the buyer of the vehicle for those of the owner recorded in the register of vehicles; and (c) give written notice to the buyer requiring the buyer to apply for transfer of the vehicle’s registration within 14 days after the notice is given. ‘ (8B) The buyer must comply with the notice unless the buyer has a reasonable excuse for not complying with it.’. (3) Section 29(9), after ‘transfer’— insert — ‘or disposal’.

s6 5 s7 Transport and Other Legislation Amendment No. 321, 1998 (No. 1) (4) Section 29(9), after ‘registered’— insert — ‘or recorded in the register under a disposal notice’. ˙ Amendment of s 31 (Cancellation of registration) 6. Section 31— insert— ‘ (1A) The application must be accompanied by the registration label and number plates for the vehicle or a statement that the label or plates have been lost, stolen or destroyed.’. (2) Section 31— insert— ‘ (3A) Also, if a vehicle owner has not complied with a notice given under section 29(8A)(c), 2 the chief executive may, by written notice to the owner, cancel the vehicle’s registration.’. (2) Section 31(4)— omit, insert— ‘ (4) Within 14 days after receiving notice of cancellation of a vehicle’s registration, the owner of the vehicle must give the chief executive the registration label and number plates for the vehicle.’. ˙ Amendment of s 36 (Issue of dealer’s plates) 7. Section 36(2)(b), before ‘an’— insert— ‘if the application is for a dealer’s plate other than a dealer’s (trailer trade) plate—’. 2 Under the notice, the owner is required to apply for the transfer of the vehicle’s registration.

s8 6 s9 Transport and Other Legislation Amendment No. 321, 1998 (No. 1) ˙ Amendment of s 38 (Use of dealer’s plates) 8.(1) Section 38(2), after ‘a dealer’s plate’— insert— ‘, other than a dealer’s (trailer trade) plate,’. (2) Section 38— insert — ‘ (2A) A person must not use, or permit to be used, on a road, a trailer with a dealer’s (trailer trade) plate attached if it is carrying a load unless it is— (a) a boat trailer carrying a boat; or (b) carrying a load solely for the purpose of demonstration of the trailer with a view to its sale, and not for hire or reward.’. ˙ Insertion of new s 44A 9. After section 44— insert— ˙ ‘ Permit to use intercepted unregistered vehicle on road ‘ 44A.(1) This section applies if an authorised officer— (a) finds a stationary vehicle on a road is unregistered; or (b) finds a vehicle that has been stopped under section 31 or 32 3 of the Act is unregistered; or (c) finds a vehicle that has been stopped under the PolicePowersand Responsibilities Act 1997 or Traffic Act 1949 is unregistered. ‘ (2) The authorised officer may issue a permit authorising the use of the vehicle on roads to move it to a stated place if the officer has— 3 Under sections 31 and 32, authorised officers may stop private and heavy vehicles to check whether the vehicle complies with a transport Act.

s 10 7 s 10 Transport and Other Legislation Amendment No. 321, 1998 (No. 1) (a) issued an infringement notice under the Justices Act 1886 for a contravention of section 12; 4 or (b) completed a report for dealing with the contravention at a later time. ‘ (3) The permit must— (a) be in the approved form; and (b) state the term (not longer than 24 hours) for which it is issued; and (c) state the conditions on which it is issued; and (d) state— (i) if subsection (2)(a) applies—the number of the infringement notice; or (ii) if subsection (2)(b) applies—the contravention of section 12 is to be dealt with at a later time either by the issue of an infringement notice under the Justices Act 1886 or taking a proceeding by complaint and summons under that Act. ‘ (4) A failure to comply with a condition of the permit renders it void.’. ˙ Amendment of sch 1 (Fees) 10.(1) Schedule 1, part 2, item 3, ‘issued’ to ‘1994’— omit. (2) Schedule 1, part 2, item 6, from ‘Pensioner’ to ‘Affairs,’— omit, insert — ‘pensioner concession card issued before 1 July 1994’. (3) Schedule 1, part 2, item 6(b), ‘motorised caravan’— omit. 4 Under section 12, it is an offence to use, or permit to be used, on a road, an unregistered vehicle unless authorised under section 12.

s 11 8 s 12 Transport and Other Legislation Amendment No. 321, 1998 (No. 1) (4) Schedule 1, part 2, item 7, from ‘Pensioner’ to ‘Affairs,’— omit, insert — ‘pensioner concession card issued after 30 June 1994’. (5) Schedule 1, part 2, items 7(a) and (b)— omit, insert — ‘with RGVM or RGCM not over 4.5 t’. PART 3—AMENDMENT OF TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) REGULATION 1995 ˙ Regulation amended 11. This part amends the TransportOperations(RoadUseManagement) Regulation 1995 . ˙ Replacement of s 7 (Concessional registration fees—pensioners) 12. Section 7— omit, insert— ˙ ‘ Concessional registration fees—eligible persons ‘ 7.(1) The chief executive may partially exempt from payment of the registration fee a motorised caravan owned by an eligible person. ‘ (2) An eligible person must apply to the chief executive for the exemption in the approved form. ‘ (3) If an exemption is given, the eligible person must pay the following percentage of the registration fee— (a) if the eligible person is a pensioner who was issued a pensioner concession card before 1 July 1994—25%; (b) otherwise—50%.

s 12 9 s 12 Transport and Other Legislation Amendment No. 321, 1998 (No. 1) ‘ (4) A person to whom an exemption is given for a motorised caravan must give the chief executive written notice— (a) of ceasing to be an eligible person, within 14 days after the cessation; or (b) of the sale or other transfer of the caravan under the TransportInfrastructure (Roads) Regulation 1991 , within 14 days after the sale or other transfer. Maximum penalty—20 penalty units. ‘ (5) The chief executive may then reassess the registration fee payable for the vehicle’s registration, without the exemption, for the period (the “unexpired period” )— • from when the person ceased to be an eligible person for the exemption • to the end of the vehicle’s current registration. ‘ (6) The chief executive may, by written notice, require any amount by which the reassessed fee is more than the fee already paid for the unexpired period to be paid by— (a) if the person’s notice is given under subsection (4)(a)—the person; or (b) if the person’s notice is given under subsection (4)(b)—the person to whom the caravan is sold or otherwise transferred. ‘ (7) The amount assessed must be paid within 28 days after the chief executive gives the notice. Maximum penalty—20 penalty units. ‘ (8) In this section— “eligible person” means a person who holds— (a) a pensioner concession card; or (b) a seniors card. “pensioner” means a person who holds a pensioner concession card .

s 13 10 s 14 Transport and Other Legislation Amendment No. 321, 1998 (No. 1) “pensioner concession card” means a card known as a pensioner concession card issued under Commonwealth law. “seniors card” means a Queensland Government seniors card.’. PART 4—AMENDMENT OF JUSTICES REGULATION 1993 ˙ Regulation amended 13. This part amends the Justices Regulation 1993 . ˙ Amendment of sch 1 (Nominated laws for infringement notice offences) 14.(1) Schedule 1, part 43, table, entry for section 29, ‘or (4)’— omit, insert— ‘, (4) or (8B)’. (2) Schedule 1, part 43, table— insert— ‘s 31(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4’. ENDNOTES 1. Made by the Governor in Council on 3 December 1998. 2. Notified in the gazette on 4 December 1998. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Transport. © State of Queensland 1998