Transport and Other Legislation Amendment Regulation (No. 1) 2015 (Qld)

Queensland Transport and Other Legislation Amendment Regulation (No. 1) 2015 Subordinate Legislation 2015 No. 89 made under the Adult Proof of Age Card Act 2008 State Penalties Enforcement Act 1999 Transport Operations (Road Use Management) Act 1995 Contents Part 1 1 2 Part 2 3 4 Part 3 5 6 Part 4 7 8 9 10 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Amendment of Adult Proof of Age Card Regulation 2010 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Insertion of new s 3B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3B Waiving payment of application fee if licence surrendered or cancelled . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Amendment of State Penalties Enforcement Regulation2014 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Amendment of sch 1 (Infringement notice offences and fines for nominated laws) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Amendment of Transport Operations (Road Use Management—Driver Licensing) Regulation 2010 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Amendment of s 23 (Deciding application for licence) . . . . . . . . . 5 Amendment of s 55 (When chief executive may renew licence) . 5 Replacement of s 56 (Renewal of electronically renewable licence) 6 56 Renewal of electronically renewable licence . . . . . . 6

Transport and Other Legislation Amendment Regulation (No. 1) 2015 Contents 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Part 5 25 26 Part 6 27 28 29 Amendment of s 75 (Allocation of demerit points) . . . . . . . . . . . . 6 Insertion of new s 78A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 78A Additional demerit points for mobile phone offences 6 Amendment of s 127 (Return of licence or returning driver certificate for amendment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Amendment of s 133 (Change of name, address or postal address) 7 Amendment of s 134 (Holder may apply for replacement licence if incorrect information on licence) . . . . . . . . . . . . . . . . . . . . . . . . . 8 Amendment of s 137 (Replacement licence if licence damaged, lost or stolen). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Amendment of s 139 (Replacement labels) . . . . . . . . . . . . . . . . . 8 Omission of ss 142 and 147. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Amendment of s 148 (Change of information on Queensland driver licence identifying holder of marine licence—change in conditions) 9 Amendment of s 149 (Removal of information on Queensland driver licence identifying holder of marine licence—marine licence cancelled)9 Amendment of s 150 (Removal of information on Queensland driver licence identifying holder of marine licence—marine licence surrendered). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Insertion of new pt 19, div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Division 5 Transitional provision for Transport and Other Legislation Amendment Regulation (No. 1) 2015 177 Mobile phone offences to which s 78A applies . . . . 10 Amendment of sch 1 (Fees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Amendment of sch 9 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 10 Amendment of Transport Operations (Road Use Management— Vehicle Registration) Regulation 2010 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Amendment of sch 8 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 11 Amendment of Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2010 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Amendment of s 14 (Guidelines and permits for light vehicles) . . 12 Insertion of new pt 7, div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Division 5 Transitional provision for Transport and Other Legislation Amendment Regulation (No. 1) 2015 55 Existing guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Page 2 2015 SL No. 89

Part 1 Transport and Other Legislation Amendment Regulation (No. 1) 2015 Part 1 Preliminary [s 1] Preliminary 1 Short title This regulation may be cited as the Transport and Other Legislation Amendment Regulation (No. 1) 2015 . 2 Commencement Sections 11, 12 and 22 and part 6 commence on 1 September 2015. Part 2 Amendment of Adult Proof of Age Card Regulation 2010 3 Regulation amended This part amends the AdultProofofAgeCardRegulation2010 . 4 Insertion of new s 3B After section 3A— insert — 3B Waiving payment of application fee if licence surrendered or cancelled (1) This section applies if— (a) a person applies for an adult proof of age card under section 8 of the Act; and (b) before applying, the person had a Queensland driver licence that— (i) was surrendered under the driver licensing regulation, section 123; or 2015 SL No. 89 Page 3

Transport and Other Legislation Amendment Regulation (No. 1) 2015 Part 3 Amendment of State Penalties Enforcement Regulation 2014 [s 5] (ii) was cancelled under the driver licensing regulation, section 125 for a ground mentioned in the regulation, section 124(a); and Note— The driver licensing regulation, section 124(a) provides a Queensland driver licence may be cancelled on the ground that the licensee has a mental or physical incapacity that is likely to adversely affect the licensee’s ability to drive safely. (c) the application is the first application for an adult proof of age card made by the person after the surrender or cancellation of the person’s Queensland driver licence. (2) The chief executive may waive the fee payable for the application under section 8(2)(b)(ii) of the Act. (3) In this section— driver licensing regulation means the Transport Operations (Road Use Management—Driver Licensing) Regulation 2010 . Queensland driver licence see the TransportOperations(RoadUseManagement)Act1995 , schedule 4. Part 3 Amendment of State Penalties Enforcement Regulation 2014 5 Regulation amended This part amends the State Penalties Enforcement Regulation2014 . Page 4 2015 SL No. 89

Transport and Other Legislation Amendment Regulation (No. 1) 2015 Part 4 Amendment of Transport Operations (Road Use Management—Driver Licensing) Regulation 2010 [s 6] 6 Amendment of sch 1 (Infringement notice offences and fines for nominated laws) Schedule 1, entry for Transport Operations (Road Use Management—Driver Licensing) Regulation 2010 , entries for sections 56(3) and 142(2)— omit . Part 4 Amendment of Transport Operations (Road Use Management—Driver Licensing) Regulation 2010 7 Regulation amended This part amends the Transport Operations (Road Use Management—Driver Licensing) Regulation 2010 . 8 Amendment of s 23 (Deciding application for licence) Section 23(3)— omit , insert — (3) If the chief executive decides to grant or renew the licence, the chief executive must promptly issue a driver licence receipt to the applicant. Note— A driver licence receipt confirms that the person mentioned on it is authorised to drive a stated class of vehicle until the receipt is superseded by the issue of a licence—see the Act, schedule 4 (Dictionary), definition driver licence receipt . 9 Amendment of s 55 (When chief executive may renew licence) Section 55(2)(e), ‘for a smartcard driver licence,’— 2015 SL No. 89 Page 5

Transport and Other Legislation Amendment Regulation (No. 1) 2015 Part 4 Amendment of Transport Operations (Road Use Management—Driver Licensing) Regulation 2010 [s 10] omit . 10 Replacement of s 56 (Renewal of electronically renewable licence) Section 56— omit, insert — 56 Renewal of electronically renewable licence If the chief executive renews a person’s electronically renewable licence under section 55, the chief executive must electronically issue a driver licence receipt to the person. 11 Amendment of s 75 (Allocation of demerit points) (1) Section 75(2)(c), ‘or 78’— omit, insert — , 78 or 78A (2) Section 75(3), ‘and 78’— omit, insert — , 78 and 78A 12 Insertion of new s 78A After section 78— insert — 78A Additional demerit points for mobile phone offences (1) This section applies to each mobile phone offence for which demerit points are recorded on a person’s traffic history under section 75. (2) Each time further demerit points are recorded on the person’s traffic history under section 75 for a later mobile phone offence committed within 1 Page 6 2015 SL No. 89

Transport and Other Legislation Amendment Regulation (No. 1) 2015 Part 4 Amendment of Transport Operations (Road Use Management—Driver Licensing) Regulation 2010 [s 13] year after the mobile phone offence was committed, 3 additional demerit points must be allocated for the later mobile phone offence. (3) The additional demerit points are taken to be allocated on the day the later mobile phone offence was committed. (4) In this section— mobile phone offence means an offence committed against section 68 or the Queensland Road Rules, section 300. 13 Amendment of s 127 (Return of licence or returning driver certificate for amendment) Section 127(3) and (4)— omit , insert — (3) If the notice is given under subsection (1)(a)— (a) the chief executive must, after receiving the licence, issue to the holder a driver licence receipt stating the conditions as amended; and (b) the conditions, as amended, take effect from the appropriate day under section 125(7), even if the holder does not return the licence for amendment. (4) If the notice is given under subsection (1)(b), the chief executive must, after receiving the licence, issue to the holder a driver licence receipt stating the correct information. 14 Amendment of s 133 (Change of name, address or postal address) Section 133(2)— omit , insert — 2015 SL No. 89 Page 7

Transport and Other Legislation Amendment Regulation (No. 1) 2015 Part 4 Amendment of Transport Operations (Road Use Management—Driver Licensing) Regulation 2010 [s 15] (2) If the chief executive is satisfied the information given by the holder is correct, the chief executive must issue— (a) for a change of name—a driver licence receipt stating the holder’s new name; or (b) for a change of address—a change of address label. 15 Amendment of s 134 (Holder may apply for replacement licence if incorrect information on licence) Section 134(4)— omit , insert — (4) If the chief executive is satisfied the information given by the holder is correct, the chief executive must issue to the applicant a driver licence receipt stating the correct information. 16 Amendment of s 137 (Replacement licence if licence damaged, lost or stolen) Section 137(4)— omit , insert — (4) If the chief executive is satisfied the original licence has been damaged, lost or stolen, the chief executive must issue a driver licence receipt to the applicant. 17 Amendment of s 139 (Replacement labels) (1) Section 139(1), ‘a renewal of licence label or’— omit . (2) Section 139(5), definition change of address label , ‘133(2)(c)’— omit , insert — Page 8 2015 SL No. 89

Transport and Other Legislation Amendment Regulation (No. 1) 2015 Part 4 Amendment of Transport Operations (Road Use Management—Driver Licensing) Regulation 2010 [s 18] 133(2)(b) (3) Section 139(5), definition renewal of licence label — omit . 18 Omission of ss 142 and 147 Sections 142 and 147— omit . 19 Amendment of s 148 (Change of information on Queensland driver licence identifying holder of marine licence—change in conditions) Section 148(2)(b)— omit , insert — (b) give the person a driver licence receipt stating the conditions as amended. 20 Amendment of s 149 (Removal of information on Queensland driver licence identifying holder of marine licence—marine licence cancelled) Section 149(2)(b)— omit , insert — (b) give the person a driver licence receipt without the code on it. 21 Amendment of s 150 (Removal of information on Queensland driver licence identifying holder of marine licence—marine licence surrendered) Section 150(3)(b)— omit , insert — (b) give the person a driver licence receipt without the code on it. 2015 SL No. 89 Page 9

Transport and Other Legislation Amendment Regulation (No. 1) 2015 Part 4 Amendment of Transport Operations (Road Use Management—Driver Licensing) Regulation 2010 [s 22] 22 Insertion of new pt 19, div 5 Part 19— insert — Division 5 Transitional provision for Transport and Other Legislation Amendment Regulation (No. 1) 2015 177 Mobile phone offences to which s 78A applies To remove any doubt, it is declared that section 78A applies to a mobile phone offence under that section only if the offence was committed on or after 1 September 2015. 23 Amendment of sch 1 (Fees) (1) Schedule 1, items 4, 5, 10 and 12, ‘in the form of a smartcard driver licence’— omit . (2) Schedule 1, item 11, from ‘in the form’ to ‘section 137(4)’— omit , insert — or 137 24 Amendment of sch 9 (Dictionary) (1) Schedule 9, definition damaged , paragraph 3— omit . (2) Schedule 9— insert — Page 10 2015 SL No. 89

Transport and Other Legislation Amendment Regulation (No. 1) 2015 Part 5 Amendment of Transport Operations (Road Use Management—Driver Licensing) Regulation 2010 [s 25] recently expired smartcard driver licence , for part 7, see section 52. renew , an electronically renewable licence, for part 7, see section 52. Part 5 Amendment of Transport Operations (Road Use Management—Vehicle Registration) Regulation 2010 25 Regulation amended This part amends the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2010 . 26 Amendment of sch 8 (Dictionary) (1) Schedule 8, definition learner approved motorbike , editor’s note— omit. (2) Schedule 8, definition learner approved motorbike , paragraph (d), ‘department’s website’— omit , insert — whole-of-government website (3) Schedule 8— insert — whole-of-government website means the website located at < 2015 SL No. 89 Page 11

Transport and Other Legislation Amendment Regulation (No. 1) 2015 Part 6 Amendment of Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2010 [s 27] Part 6 Amendment of Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2010 27 Regulation amended This part amends the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2010 . 28 Amendment of s 14 (Guidelines and permits for light vehicles) (1) Section 14(1)(a), ‘, in the approved form,’— omit . (2) Section 14— insert — (7) The chief executive must publish a guideline issued under this section on the department’s website. (8) The guideline takes effect— (a) when it is published on the department’s website; or (b) if the guideline states a later day it takes effect—on the later day. 29 Insertion of new pt 7, div 5 Part 7— insert — Page 12 2015 SL No. 89

Transport and Other Legislation Amendment Regulation (No. 1) 2015 Part 6 Amendment of Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2010 [s 29] Division 5 Transitional provision for Transport and Other Legislation Amendment Regulation (No. 1) 2015 55 Existing guidelines (1) This section applies to a guideline (an existing guideline ) that— (a) was issued under pre-amended section 14; and (b) was in force immediately before the commencement. (2) For section 14, the existing guideline is taken to have been published— (a) if the guideline states a day it commences—on the day stated; or (b) otherwise—on the day the guideline was issued. (3) To remove any doubt, it is declared that the existing guideline took effect on the day it is taken to have been published under this section. (4) In this section— pre-amended section 14 means section 14 as in force from time to time before the commencement of the Transport and Other Legislation Amendment Regulation (No. 1) 2015. 2015 SL No. 89 Page 13

Transport and Other Legislation Amendment Regulation (No. 1) 2015 Endnotes ENDNOTES 1 Made by the Governor in Council on 20 August 2015. 2 Notified on the Queensland legislation website on 21 August 2015. 3 The administering agency is the Department of Transport and Main Roads. © State of Queensland 2015 Authorised by the Parliamentary Counsel 2015 SL No. 89 Page 14