Transport and Other Legislation Amendment Regulation (No. 1) 2004 (Qld)

Queensland Transport and Other Legislation Amendment Regulation (No. 1) 2004 Subordinate Legislation 2004 No. 248 made under the State Penalties Enforcement Act 1999 Transport Operations (Passenger Transport) Act 1994 Contents Part 1 1 Part 2 2 3 4 5 6 7 8 9 10 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Amendment of Transport Operations (Passenger Transport)Regulation 1994 Regulation amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Insertion of new s 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3A Notes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Amendment of s 6 (Grant or renewal of operator accreditation or driver authorisation—Act, ss 17 and 29) . . . . . . . . . . . . . . . . . 4 Amendment of s 7C (Restricted driver authorisation—Act, s 29A) 5 Amendment of s 9 (Refusal of operator accreditation—Act, s 17) 5 Amendment of s 10 (Refusal of driver authorisation—Act, s 29) . 6 Amendment of s 11 (Amendment, suspension and cancellation of authorities—Act, ss 20 and 32) . . . . . . . . . . . . . . . . . . . . . . . . 7 Insertion of new ss 11AA–11AB. . . . . . . . . . . . . . . . . . . . . . . . . . 8 11AA Immediate amendment and suspension of driver authorisation—Act, s 32 . . . . . . . . . . . . . . . . . . . . . . . 8 11AB Amendment, suspension and cancellation of driver authorisation—Act, s 32 . . . . . . . . . . . . . . . . . . . . . . . 9 Amendment of s 12 (Notifying disqualifying offences) . . . . . . . . . 10

2 Transport and Other Legislation Amendment Regulation (No. 1) 2004 No. 248, 2004 11 Amendment of s 14 (Return of evidence of operator accreditation or driver authorisation) . . . . . . . . . . . . . . . . . . . . . . 11 12 Insertion of new s 14A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 14A Return of evidence of driver authorisation if cancelled, suspended or amended . . . . . . . . . . . . . . 11 13 Amendment of s 21 (Amendment of service licence conditions—Act, ss 75(1) and 88(1)) . . . . . . . . . . . . . . . . . . . . . . 12 14 Amendment of s 23 (Suspension and cancellation of taxi service licences and limousine service licences—Act, ss 79 and 91) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 15 Amendment of s 47 (Identification of drivers) . . . . . . . . . . . . . . . . 12 16 Insertion of new pt 8A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Division 1 Operator accreditation 51 Refusal to grant or renew operator accreditation . . . . 13 51A Immediate suspension . . . . . . . . . . . . . . . . . . . . . . . . 13 51B Further action after immediate suspension . . . . . . . . 14 51C Amending, suspending or cancelling operator accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 51D Other amendments of operator accreditation. . . . . . . 16 Division 2 Driver authorisation 52 Refusal to grant or renew driver authorisation . . . . . . 16 52A Category B driver disqualifying offences—exclusion action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 52B Category B driver disqualifying offences—exceptional case . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 52C Immediate amendment or suspension . . . . . . . . . . . . 18 52D Further action after immediate amendment or suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 52E Amending, suspending or cancelling driver authorisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 52F Other amendments of driver authorisation . . . . . . . . . 21 52G Notifying operator of amendment, suspension or cancellation of driver authorisation. . . . . . . . . . . . . . . 22 Division 3 Taxi service licences and limousine service licences 53 Immediate suspension . . . . . . . . . . . . . . . . . . . . . . . . 22 53A Further action after immediate suspension . . . . . . . . 23 53B Amending, suspending or cancelling taxi service licences and limousine service licences. . . . . . . . . . . 23 53C Other amendments of taxi service licences and limousine service licences . . . . . . . . . . . . . . . . . . . . . 25

17 18 19 20 Part 3 21 22 3 Transport and Other Legislation Amendment Regulation (No. 1) 2004 No. 248, 2004 Omission of ss 58–60. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 67 (Fees and charges) . . . . . . . . . . . . . . . . . . . Insertion of new pt 11 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new s 70 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 Transitional—notice refusing to grant or renew, or to suspend or cancel, driver authorisation because of disqualifying offence . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of State Penalties Enforcement Regulation2000 Regulation amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 3 (Transport legislation) . . . . . . . . . . . . . . . . . 25 25 26 26 26 27 27

s1 4 s4 Transport and Other Legislation Amendment Regulation (No. 1) 2004 No. 248, 2004 Part 1 Preliminary 1 Short title This regulation may be cited as the Transport and Other Legislation Amendment Regulation (No. 1) 2004 . Part 2 Amendment of Transport Operations (Passenger Transport) Regulation 1994 2 Regulation amended in pt 2 This part amends the TransportOperations(PassengerTransport) Regulation 1994. 3 Insertion of new s 3A Part 1, after section 3— insert— ‘3A Notes ‘A note in the text of this regulation is part of the regulation.’. 4 Amendment of s 6 (Grant or renewal of operator accreditation or driver authorisation—Act, ss 17 and 29) Section 6— insert— ‘ Note — Under section 28A of the Act, a person convicted of a category A driver disqualifying offence is ineligible to apply for or hold driver authorisation.

s5 5 s6 Transport and Other Legislation Amendment Regulation (No. 1) 2004 No. 248, 2004 ‘(2) When granting or renewing driver authorisation, the chief executive may impose a condition on the authorisation that the chief executive considers necessary. ‘(3) If the chief executive imposes a condition on a person’s driver authorisation, the chief executive must give the person written notice of the chief executive’s decision. ‘(4) The notice must state— (a) the reasons for the decision; and (b) that the person may apply within 28 days for review of the decision; and (c) how the person may apply for review of the decision. ‘(5) Subsection (2) is in addition to, and does not limit, another provision of this regulation under which the chief executive may impose a condition on a person’s driver authorisation.’. 5 Amendment of s 7C (Restricted driver authorisation—Act, s 29A) (1) Section 7C(3)(b)(i)— omit, insert— ‘(i) the person has not been convicted of a driver disqualifying offence; 1 ’. (2) Section 7C(3)(b)(ii), ‘disqualifying offence’— omit, insert— ‘driver disqualifying offence’. 6 Amendment of s 9 (Refusal of operator accreditation—Act, s 17) (1) Section 9(1) and (2), ‘operator accreditation for a person’— omit, insert— ‘a person’s operator accreditation’. 1 See the Act, schedule 3, definition driver disqualifying offence .

s7 6 s7 Transport and Other Legislation Amendment Regulation (No. 1) 2004 No. 248, 2004 (2) Section 9(2)— insert— ‘(d) the chief executive otherwise considers it necessary in the public interest.’. (3) Section 9(3), from ‘in accordance’— omit, insert— ‘as required by section 51. 2 ’. 7 Amendment of s 10 (Refusal of driver authorisation—Act, s 29) (1) Section 10(1)— omit, insert— ‘(1) The chief executive may refuse to grant driver authorisation to a person, or to renew a person’s driver authorisation, if the person— (a) has been convicted of a category C driver disqualifying offence; or (b) has been charged with a driver disqualifying offence and the charge has not been finally disposed of. Note — See sections 28A and 28B of the Act for provisions relating to category A and category B driver disqualifying offences.’. (2) Section 10(2), ‘driver authorisation for a person’— omit, insert— ‘a person’s driver authorisation’. (3) Section 10(2)— insert— ‘(e) the chief executive otherwise considers it necessary in the public interest.’. (4) Section 10(3), from ‘in accordance’— 2 Section 51 (Refusal to grant or renew operator accreditation)

s8 7 s8 Transport and Other Legislation Amendment Regulation (No. 1) 2004 No. 248, 2004 omit, insert— ‘as required by section 52. 3 ’. 8 Amendment of s 11 (Amendment, suspension and cancellation of authorities—Act, ss 20 and 32) (1) Section 11, heading— omit, insert— ‘11 Amendment, suspension and cancellation of operator accreditation—Act, s 20’. (2) Section 11(2)— omit . (3) Section 11(3), from ‘cancel’ to ‘if’— omit, insert— ‘cancel operator accreditation granted to a person if’. (4) Section 11(3)(a), (b) and (c), ‘authority’— omit, insert— ‘accreditation’. (5) Section 11(3)(d)— omit. (6) Section 11(4), ‘an authority’— omit, insert— ‘operator accreditation’. (7) Section 11(4)(aa)— omit. (8) Section 11(5)(a) and (b)— omit, insert— 3 Section 52 (Refusal to grant or renew driver authorisation)

s9 8 s9 Transport and Other Legislation Amendment Regulation (No. 1) 2004 No. 248, 2004 (a) to immediately suspend operator accreditation must be as required by section 51A; 4 or (b) to amend, suspend or cancel operator accreditation must be as required by section 51C. 5 ’. 9 Insertion of new ss 11AA–11AB After section 11— insert— ‘11AA Immediate amendment and suspension of driver authorisation—Act, s 32 ‘(1) The chief executive may immediately amend a person’s driver authorisation by imposing a condition on the authorisation if— (a) the person has been convicted of a category B or category C driver disqualifying offence; or (b) the person has been charged with a driver disqualifying offence and the charge has not been finally disposed of; or (c) a ground exists under section 11AB(2)(b), (c) or (d) to suspend or cancel the authorisation and the chief executive considers it necessary in the public interest; or (d) the chief executive otherwise considers it necessary in the public interest. ‘(2) The chief executive may immediately suspend a person’s driver authorisation if— (a) the person has been convicted of a category B or category C driver disqualifying offence; or (b) the person has been charged with a driver disqualifying offence and the charge has not been finally disposed of; or 4 Section 51A (Immediate suspension) 5 Section 51C (Amending, suspending or cancelling operator accreditation)

s9 9 s9 Transport and Other Legislation Amendment Regulation (No. 1) 2004 No. 248, 2004 (c) the person does not comply with a notice under section 7B; 6 or (d) a ground exists under section 11AB(2)(b), (c) or (d) to suspend or cancel the authorisation and the chief executive considers it necessary in the public interest; or (e) the chief executive otherwise considers it necessary in the public interest. ‘(3) Action under this section to immediately amend or immediately suspend driver authorisation must be as required by section 52C. 7 ‘11AB Amendment, suspension and cancellation of driver authorisation—Act, s 32 ‘(1) The chief executive may amend a person’s driver authorisation, including by altering the term of the authorisation or by imposing a condition on the authorisation, if— (a) the person has been convicted of a category B or category C driver disqualifying offence; or (b) the person has been charged with a driver disqualifying offence and the charge has not been finally disposed of; or (c) the person does not comply with a standard applying to the authorisation; or (d) the person has repeatedly engaged in conduct that, in the chief executive’s opinion, is damaging to the reputation of public passenger transport; or (e) the chief executive considers it necessary because of the person’s driving history; or (f) the chief executive otherwise considers it necessary in the public interest. 6 Section 7B (Requirement to prove fitness) 7 Section 52C (Immediate amendment or suspension)

s 10 10 s 10 Transport and Other Legislation Amendment Regulation (No. 1) 2004 No. 248, 2004 ‘(2) The chief executive may suspend or cancel a person’s driver authorisation if— (a) the person has been convicted of a category C driver disqualifying offence; or (b) the person does not comply with a standard applying to the authorisation; or (c) the person has repeatedly engaged in conduct that, in the chief executive’s opinion, is damaging to the reputation of public passenger transport; or (d) the chief executive considers it necessary because of the person’s driving history; or (e) the chief executive otherwise considers it necessary in the public interest. ‘(3) Action under this section— (a) to amend driver authorisation if section 52B(1) 8 applies must be as required by section 52B; or (b) to otherwise amend, suspend or cancel driver authorisation must be as required by section 52E. 9 ’. 10 Amendment of s 12 (Notifying disqualifying offences) (1) Section 12, heading— omit, insert— ‘12 Notifying disqualifying offences or driver disqualifying offences ’. (2) Section 12(1), fourth and fifth dot points, before ‘disqualifying’— insert— ‘driver’. 8 Section 52B (Category B driver disqualifying offences—exceptional case) 9 Section 52E (Amending, suspending or cancelling driver authorisation)

s 11 11 s 12 Transport and Other Legislation Amendment Regulation (No. 1) 2004 No. 248, 2004 11 Amendment of s 14 (Return of evidence of operator accreditation or driver authorisation) (1) Section 14, heading— omit, insert— ‘14 Return of evidence of operator accreditation if cancelled or suspended’. (2) Section 14, ‘or driver authorisation’— omit. (3) Section 14, ‘for not returning it’— omit. 12 Insertion of new s 14A After section 14— insert— ‘14A Return of evidence of driver authorisation if cancelled, suspended or amended ‘(1) If a person’s driver authorisation is cancelled, suspended for longer than 3 months or immediately suspended for any period, the person must, as soon as practicable but within 14 days, return the document evidencing the driver authorisation to the chief executive, unless the person has a reasonable excuse. Maximum penalty—10 penalty units. ‘(2) If a person’s driver authorisation is amended, the chief executive may, by written notice, require the person to return the document evidencing the driver authorisation, in a stated way and within a stated time of at least 14 days, for amendment. ‘(3) The person must comply with the notice, unless the person has a reasonable excuse. Maximum penalty—10 penalty units. ‘(4) The amendment has effect from the date stated in the notice, even if the person does not return the document evidencing the driver authorisation for amendment.’.

s 13 12 s 15 Transport and Other Legislation Amendment Regulation (No. 1) 2004 No. 248, 2004 13 Amendment of s 21 (Amendment of service licence conditions—Act, ss 75(1) and 88(1)) Section 21(2), from ‘in accordance’— omit, insert— ‘as required by section 53B. 10 ’. 14 Amendment of s 23 (Suspension and cancellation of taxi service licences and limousine service licences—Act, ss 79 and 91) Section 23(2)— omit, insert— ‘(2) Action under this section— (a) to immediately suspend a taxi service licence or limousine service licence must be as required by section 53; 11 or (b) to amend, suspend or cancel a taxi service licence or limousine service licence must be as required by section 53B. 12 ’. 15 Amendment of s 47 (Identification of drivers) Section 47— insert— ‘(2) If the chief executive has imposed a condition on the person’s driver authorisation, the person must also carry evidence of the condition imposed. Maximum penalty—5 penalty units.’. 10 Section 53B (Amending, suspending or cancelling taxi service licences and limousine service licences) 11 Section 53 (Immediate suspension) 12 Section 53B (Amending, suspending or cancelling taxi service licences and limousine service licences)

s 16 13 s 16 Transport and Other Legislation Amendment Regulation (No. 1) 2004 No. 248, 2004 16 Insertion of new pt 8A After section 50— insert— ‘Part 8A Procedures to be followed ‘Division 1 Operator accreditation ‘51 Refusal to grant or renew operator accreditation ‘(1) This section applies if the chief executive decides under section 9 13 — (a) to refuse to grant operator accreditation to a person; or (b) to refuse to renew a person’s operator accreditation. ‘(2) The chief executive must give the person written notice of the chief executive’s decision. ‘(3) The notice must state— (a) the reasons for the decision; and (b) that the person may apply within 28 days for review of the decision; and (c) how the person may apply for review of the decision. ‘51A Immediate suspension ‘(1) This section applies if the chief executive considers a ground exists under section 11(4) 14 to immediately suspend a person’s operator accreditation. (2) Despite section 51C, the chief executive may, by written notice given to the person, immediately suspend the person’s accreditation until the earlier of the following— (a) the chief executive informs the person of the chief executive’s decision under section 51C(4); 13 Section 9 (Refusal of operator accreditation—Act, s 17) 14 Section 11 (Amendment, suspension and cancellation of operator accreditation—Act, s 20)

s 16 14 s 16 Transport and Other Legislation Amendment Regulation (No. 1) 2004 No. 248, 2004 (b) the end of 56 days after the notice is given to the person. ‘(3) The notice of immediate suspension must state— (a) the reasons for the decision; and (b) that the person may apply within 28 days for review of the decision to immediately suspend the accreditation; and (c) how the person may apply for review of the decision; and (d) that the person may apply for a stay of the decision if the person applies for a review. ‘51B Further action after immediate suspension ‘(1) This section applies if— (a) under section 51A, the chief executive immediately suspends a person’s operator accreditation; and (b) the chief executive also proposes to take proposed action under section 51C. ‘(2) The notice under section 51A must also state the information mentioned in section 51C(2) in relation to the proposed action. ‘(3) Section 51C(3) to (5) applies to the proposed action as if the notice had been given under section 51C(2). ‘51C Amending, suspending or cancelling operator accreditation ‘(1) This section applies if the chief executive considers a ground exists under section 11(1) or (3)— (a) to amend a person’s operator accreditation; or (b) to suspend a person’s operator accreditation; or (c) to cancel a person’s operator accreditation. ‘(2) Before taking the action mentioned in subsection (1)(a), (b) or (c) (the proposed action ), the chief executive must give the person a written notice—

s 16 15 s 16 Transport and Other Legislation Amendment Regulation (No. 1) 2004 No. 248, 2004 (a) stating the proposed action; and (b) stating the grounds for the proposed action; and (c) outlining the facts and circumstances forming the basis for the grounds; and (d) if the proposed action is amendment of the accreditation—stating the proposed amendment; and (e) if the proposed action is suspension of the accreditation—stating the proposed suspension period; and (f) inviting the person to show, within a stated time of at least 28 days, why the proposed action should not be taken. ‘(3) If, after considering all written representations made within the stated time, the chief executive still considers a ground exists to take the proposed action, the chief executive may— (a) if the proposed action was to amend the accreditation— (i) amend the accreditation in the way stated in the notice; or (ii) amend the accreditation in another way having regard to the representations; or (b) if the proposed action was to suspend the accreditation—suspend the accreditation for no longer than the period stated in the notice; or (c) if the proposed action was to cancel the accreditation— (i) cancel the accreditation; or (ii) suspend the accreditation for a period. ‘(4) The chief executive must inform the person of the decision by written notice. ‘(5) The notice must state— (a) the reasons for the decision; and (b) that the person may apply within 28 days for review of the decision; and (c) how the person may apply for review of the decision.

s 16 16 s 16 Transport and Other Legislation Amendment Regulation (No. 1) 2004 No. 248, 2004 ‘51D Other amendments of operator accreditation ‘(1) This section applies only if the chief executive proposes to amend a person’s operator accreditation— (a) for a formal or clerical reason; or (b) in another way that does not adversely affect the person’s interests; or (c) if the person asks. ‘(2) The chief executive may make amendments of a type mentioned in subsection (1) by written notice given to the person. ‘Division 2 Driver authorisation ‘52 Refusal to grant or renew driver authorisation ‘(1) This section applies if the chief executive decides under section 10 15 — (a) to refuse to grant driver authorisation to a person; or (b) to refuse to renew a person’s driver authorisation. ‘(2) The chief executive must give the person written notice of the chief executive’s decision. ‘(3) The notice must state— (a) the reasons for the decision; and (b) that the person may apply within 28 days for review of the decision; and (c) how the person may apply for review of the decision. 15 Section 10 (Refusal of driver authorisation—Act, s 29)

s 16 17 s 16 Transport and Other Legislation Amendment Regulation (No. 1) 2004 No. 248, 2004 ‘52A Category B driver disqualifying offences—exclusion action ‘(1) This section applies if the chief executive takes exclusion action under section 28B 16 of the Act in relation to a person who has been convicted of a category B driver disqualifying offence. ‘(2) The chief executive must inform the person of the chief executive’s decision taken in relation to the exclusion action by written notice given to the person. ‘(3) The notice must state— (a) the reasons for the decision; and (b) that the person may apply within 28 days for review of the decision; and (c) how the person may apply for review of the decision. ‘52B Category B driver disqualifying offences—exceptional case ‘(1) This section applies if the chief executive— (a) decides not to take exclusion action under section 28B of the Act in relation to a person who has been convicted of a category B driver disqualifying offence because the chief executive is satisfied that an exceptional case exists; but (b) decides that it is necessary in the particular case to impose a condition on the person’s driver authorisation. ‘(2) The chief executive may— (a) for an applicant for driver authorisation—impose a condition when granting driver authorisation to the person; or (b) for a person who holds driver authorisation—amend the person’s driver authorisation by imposing a condition on the authorisation. 16 Section 28B (Driver authorisation—category B driver disqualifying offences) of the Act

s 16 18 s 16 Transport and Other Legislation Amendment Regulation (No. 1) 2004 No. 248, 2004 ‘(3) The chief executive must inform the person of the chief executive’s decision under this section by written notice. ‘(4) The notice must state— (a) the reasons for the decision; and (b) that the person may apply within 28 days for review of the decision; and (c) how the person may apply for review of the decision. ‘52C Immediate amendment or suspension ‘(1) This section applies if the chief executive considers— (a) a ground exists under section 11AA(1) 17 to immediately amend a person’s driver authorisation by imposing a condition on the authorisation; or (b) a ground exists under section 11AA(2) to immediately suspend a person’s driver authorisation. ‘(2) This section applies even if the chief executive takes exclusion action under section 28B of the Act in relation to the person. ‘(3) Despite section 52E, the chief executive may, by written notice given to the person— (a) immediately amend the person’s driver authorisation by imposing a condition on the authorisation; or (b) immediately suspend the person’s driver authorisation. ‘(4) The amendment or suspension has effect until— (a) if the ground is that the person has been convicted of a category B driver disqualifying offence, the earlier of the following— (i) the chief executive informs the person of the chief executive’s decision under section 52A(2) or 52B(3); 17 Section 11AA (Immediate amendment and suspension of driver authorisation—Act, s 32)

s 16 19 s 16 Transport and Other Legislation Amendment Regulation (No. 1) 2004 No. 248, 2004 (ii) the end of 56 days after the notice is given to the person; or (b) if the ground is that the person has been charged with a driver disqualifying offence, the earlier of the following— (i) the charge is finally disposed of; (ii) the person’s driver authorisation sooner expires without being renewed; or (c) in any other case, the earlier of the following— (i) the chief executive informs the person of the chief executive’s decision under section 52E(5); (ii) the end of 56 days after the notice is given to the person . ‘(5) The notice of immediate amendment or immediate suspension must state— (a) the reasons for the decision; and (b) that the person may apply within 28 days for review of the decision to immediately suspend or immediately amend the authorisation; and (c) how the person may apply for review of the decision; and (d) that the person may apply for a stay of the decision if the person applies for a review. ‘52D Further action after immediate amendment or suspension ‘(1) This section applies if— (a) under section 52C, the chief executive immediately amends or immediately suspends a person’s driver authorisation; and (b) the chief executive also proposes to take proposed action under section 52E.

s 16 20 s 16 Transport and Other Legislation Amendment Regulation (No. 1) 2004 No. 248, 2004 ‘(2) The notice under section 52C must also state the information mentioned in section 52E(3) in relation to the proposed action. ‘(3) Section 52E(4) to (6) applies to the proposed action as if the notice had been given under section 52E(3). ‘52E Amending, suspending or cancelling driver authorisation ‘(1) This section applies if the chief executive considers— (a) a ground exists under section 11AB(1) 18 to amend a person’s driver authorisation; or (b) a ground exists under section 11AB(2) to suspend a person’s driver authorisation; or (c) a ground exists under section 11AB(2) to cancel a person’s driver authorisation. ‘(2) However, this section does not apply if section 52A or 52B applies. ‘(3) Before taking the action mentioned in subsection (1)(a), (b) or (c) (the proposed action ) , the chief executive must give the person a written notice— (a) stating the proposed action; and (b) stating the grounds for the proposed action; and (c) outlining the facts and circumstances forming the basis for the grounds; and (d) if the proposed action is amendment of the authorisation—stating the proposed amendment; and (e) if the proposed action is suspension of the authorisation—stating the proposed suspension period; and 18 Section 11AB (Amendment, suspension and cancellation of driver authorisation—Act, s 32)

s 16 21 s 16 Transport and Other Legislation Amendment Regulation (No. 1) 2004 No. 248, 2004 (f) inviting the person to show, within a stated time of at least 28 days, why the proposed action should not be taken. ‘(4) If, after considering all written representations made within the stated time, the chief executive still considers a ground exists to take the proposed action, the chief executive may— (a) if the proposed action was to amend the authorisation— (i) amend the authorisation in the way stated in the notice; or (ii) amend the authorisation in another way, having regard to the representations; or (b) if the proposed action was to suspend the authorisation— (i) suspend the authorisation for no longer than the period stated in the notice; or (ii) amend the authorisation; or (c) if the proposed action was to cancel the authorisation— (i) cancel the authorisation; or (ii) suspend the authorisation for a period; or (iii) amend the authorisation. ‘(5) The chief executive must inform the person of the decision by written notice. ‘(6) The notice must state— (a) the reasons for the decision; and (b) that the person may apply within 28 days for review of the decision; and (c) how the person may apply for review of the decision. ‘52F Other amendments of driver authorisation ‘(1) This section applies only if the chief executive proposes to amend a person’s driver authorisation— (a) for a formal or clerical reason; or

s 16 22 s 16 Transport and Other Legislation Amendment Regulation (No. 1) 2004 No. 248, 2004 (b) in another way that does not adversely affect the person’s interests; or (c) if the person asks. ‘(2) The chief executive may make amendments of a type mentioned in subsection (1) by written notice given to the person. ‘52G Notifying operator of amendment, suspension or cancellation of driver authorisation ‘(1) This section applies if— (a) a person operates a vehicle for an accredited operator; and (b) the chief executive amends, suspends or cancels the person’s driver authorisation. ‘(2) The chief executive may— (a) advise the operator that the person’s driver authorisation has been amended, suspended or cancelled; and (b) if the chief executive has amended the person’s authorisation by imposing a condition on the authorisation, advise the operator of the condition. ‘Division 3 Taxi service licences and limousine service licences ‘53 Immediate suspension ‘(1) This section applies if the chief executive considers it necessary in the public interest to immediately suspend a person’s taxi service licence or limousine service licence. ‘(2) Despite section 53B, the chief executive may, by written notice given to the person, immediately suspend the person’s taxi service licence or limousine service licence until the earlier of the following— (a) the chief executive informs the person of the chief executive’s decision under section 53B(4);

s 16 23 s 16 Transport and Other Legislation Amendment Regulation (No. 1) 2004 No. 248, 2004 (b) the end of 56 days after the notice is given to the person. ‘(3) The notice of immediate suspension must state— (a) the reasons for the decision; and (b) that the person may apply within 28 days for review of the decision to immediately suspend the licence; and (c) how the person may apply for review of the decision; and (d) that the person may apply for a stay of the decision if the person applies for a review. ‘53A Further action after immediate suspension ‘(1) This section applies if— (a) under section 53, the chief executive immediately suspends a person’s taxi service licence or limousine service licence; and (b) the chief executive also proposes to take proposed action under section 53B. ‘(2) The notice under section 53 must also state the information mentioned in section 53B(2) in relation to the proposed action. ‘(3) Section 53B(3) to (5) applies to the proposed action as if the notice had been given under section 53B(2). ‘53B Amending, suspending or cancelling taxi service licences and limousine service licences ‘(1) This section applies if the chief executive considers— (a) a ground exists under section 21 19 to amend the conditions of a person’s taxi service licence or limousine service licence; or 19 Section 21 (Amendment of service licence conditions—Act, ss 75(1) and 88(1))

s 16 24 s 16 Transport and Other Legislation Amendment Regulation (No. 1) 2004 No. 248, 2004 (b) a ground exists under section 23 20 to suspend a person’s taxi service licence or limousine service licence; or (c) a ground exists under section 23 to cancel a person’s taxi service licence or limousine service licence. ‘(2) Before taking the action mentioned in subsection (1)(a), (b) or (c) (the proposed action ), the chief executive must give the person a written notice— (a) stating the proposed action; and (b) stating the grounds for the proposed action; and (c) outlining the facts and circumstances forming the basis for the grounds; and (d) if the proposed action is amendment of the licence—stating the proposed amendment; and (e) if the proposed action is suspension of the licence—stating the proposed suspension period; and (f) inviting the person to show, within a stated time of at least 28 days, why the proposed action should not be taken. ‘(3) If, after considering all written representations made within the stated time, the chief executive still considers a ground exists to take the proposed action, the chief executive may— (a) if the proposed action was to amend the licence— (i) amend the licence in the way stated in the notice; or (ii) amend the licence in another way, having regard to the representations; or (b) if the proposed action was to suspend the licence—suspend the licence for no longer than the period stated in the notice; or (c) if the proposed action was to cancel the licence— (i) cancel the licence; or 20 Section 23 (Suspension and cancellation of taxi service licences and limousine service licences—Act, ss 79 and 91)

s 17 25 s 18 Transport and Other Legislation Amendment Regulation (No. 1) 2004 No. 248, 2004 (ii) suspend the licence for a period. ‘(4) The chief executive must inform the person of the decision by written notice. ‘(5) The notice must state— (a) the reasons for the decision; and (b) that the person may apply within 28 days for review of the decision; and (c) how the person may apply for review of the decision. ‘53C Other amendments of taxi service licences and limousine service licences ‘(1) This section applies only if the chief executive proposes to amend a person’s taxi service licence or limousine service licence— (a) for a formal or clerical reason; or (b) in another way that does not adversely affect the person’s interests; or (c) if the person asks. ‘(2) The chief executive may make amendments of a type mentioned in subsection (1) by written notice given to the person.’. 17 Omission of ss 58–60 Sections 58 to 60— omit. 18 Amendment of s 67 (Fees and charges) Section 67(4), ‘section 58,’—

s 19 26 s 20 Transport and Other Legislation Amendment Regulation (No. 1) 2004 No. 248, 2004 omit, insert— ‘the provisions of part 8A, 21 ’. 19 Insertion of new pt 11 hdg After section 67— insert— ‘Part 11 Transitional provisions’. 20 Insertion of new s 70 After section 69— insert— ‘70 Transitional—notice refusing to grant or renew, or to suspend or cancel, driver authorisation because of disqualifying offence ‘(1) This section applies to a notice given by the chief executive— (a) refusing to grant driver authorisation to a person; or (b) refusing to renew a person’s driver authorisation; or (c) suspending a person’s driver authorisation; or (d) cancelling a person’s driver authorisation. ‘(2) However, this section applies only if— (a) the relevant notice was given on or after 20 May 2004 but before the commencement of this section; and (b) the facts and circumstances forming the basis for the grounds for the notice involved an offence that was described in the notice as a disqualifying offence. ‘(3) If the relevant notice stated that a person had been charged with a disqualifying offence, the reference in the notice to a disqualifying offence is taken to have been a reference to a driver disqualifying offence. 21 Part 8A (Procedures to be followed)

s 21 27 s 22 Transport and Other Legislation Amendment Regulation (No. 1) 2004 No. 248, 2004 ‘(4) If— (a) the relevant notice stated that the person had been convicted of a disqualifying offence; and (b) the offence is a category C driver disqualifying offence; the reference in the notice to a disqualifying offence is taken to have been a reference to a category C driver disqualifying offence.’. Part 3 Amendment of State Penalties Enforcement Regulation 2000 21 Regulation amended in pt 3 This part amends the State Penalties Enforcement Regulation2000. 22 Amendment of sch 3 (Transport legislation) (1) Schedule 3, entry for TransportOperations(PassengerTransport) Regulation 1994 — insert— ‘s 14A(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 14A(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 47(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1 2’. (2) Schedule 3, entry for TransportOperations(PassengerTransport) Regulation 1994 , entry for section 47, ‘47’— omit, insert— ‘47(1)’.

28 Transport and Other Legislation Amendment Regulation (No. 1) 2004 No. 248, 2004 ENDNOTES 1 Made by the Governor in Council on 18 November 2004. 2 Notified in the gazette on 19 November 2004. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Transport. © State of Queensland 2004