Transport Infrastructure (Rail) Amendment Regulation (No. 1) 2000 (Qld)

Queensland Subordinate Legislation 2000 No. 281 Transport Infrastructure Act 1994 TRANSPORT INFRASTRUCTURE (RAIL) AMENDMENT REGULATION (No. 1) 2000 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Insertion of new pt 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 PART 4A—ANNUAL LEVY 26A Railway manager or railway operator to pay annual levy . . . . . . . . 2 26B Payment of annual levy by instalments . . . . . . . . . . . . . . . . . . . . . . . 2 26C What happens if basis for calculation of levy underestimated or overestimated . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 26D Effect on accreditation of failure to pay annual levy . . . . . . . . . . . . 3 4 Insertion of schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 SCHEDULE ANNUAL LEVY

s1 2 s3 Transport Infrastructure Amendment (No. 1) No. 281, 2000 ˙ Short title 1. This regulation may be cited as the Transport Infrastructure (Rail) Amendment Regulation (No. 1) 2000 . ˙ Regulation amended 2. This regulation amends the Transport Infrastructure (Rail) Regulation1996 . ˙ Insertion of new pt 4A 3. After section 26— insert— ‘ PART 4A—ANNUAL LEVY ˙ ‘ Railway manager or railway operator to pay annual levy ‘ 26A.(1) A person who is accredited as a railway manager or railway operator for a railway must pay the annual levy set out in the schedule. ‘ (2) The levy must be paid by a date the chief executive decides and notifies in writing to the manager or operator. ‘ (3) Despite subsections (1) and (2), if a person becomes accredited during the year— (a) the person must pay the part of the levy that is proportionate to the number of days for which the person is accredited in the year; and (b) the person must pay the part of the levy when the person is accredited. ˙ ‘ Payment of annual levy by instalments ‘ 26B. An accredited person may pay the annual levy by instalments under an agreement between the chief executive and the manager or operator.

s4 3 s4 Transport Infrastructure Amendment (No. 1) No. 281, 2000 ˙ ‘ What happens if basis for calculation of levy underestimated or overestimated ‘ 26C.(1) If an amount used to work out an annual levy has been underestimated, the chief executive may require the accredited person to pay the difference between the amount of the levy paid and the amount of the levy worked out using the actual amount. ‘ (2) If an amount used to work out an annual levy has been overestimated, the chief executive must credit the accredited person with the difference between the amount of the levy paid and the amount of the levy worked out using the actual amount. ˙ ‘ Effect on accreditation of failure to pay annual levy ‘ 26D.(1) If an accredited person fails to pay an annual levy by the date on which the levy is payable, the person’s accreditation lapses. ‘ (2) However, the accreditation is taken not to have lapsed if the person pays the annual levy by another date the chief executive decides and notifies to the person.’. ˙ Insertion of schedule 4. After section 28— insert— ‘ SCHEDULE ‘ ANNUAL LEVY section 26A(1) 1. Railway manager or railway operator with estimated annual revenue from the management or operation of the railway for which the manager or operator is accredited $

s4 4 s4 Transport Infrastructure Amendment (No. 1) No. 281, 2000 of— (a ) not more than $50 000 . . . . . . . . . . . . . . . . . . . . . . no fee (b ) over $50 000 to not more than $200 000 . . . . . . . . 500 (c ) over $200 000 to not more than $500 000 . . . . . . . 5 000 (d ) over $500 00 0. . . . . . . . . . . . . . . . . . . . . 10 0. 00 plus (i) for a railway manager—$8.50 for each estimated kilometre of track that the railway manager is accredited to manage for the year; or (ii) for a railway operator—.1c for each estimated passenger journey to be provided, and .22c for each estimated tonne of freight to be hauled, by the railway operator for the year under the operator’s accreditation.’. . . . ENDNOTES 1. Made by the Governor in Council on 9 November 2000. 2. Notified in the gazette on 10 November 2000. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Transport. © State of Queensland 2000