Transport Legislation Amendment Act 2001 (Qld)

Transport Legislation Amendment Act 2001

Queensland TRANSPORT LEGISLATION AMENDMENT ACT 2001 Act No. 79 of 2001

Queensland TRANSPORT LEGISLATION AMENDMENT ACT 2001 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 PART 2—AMENDMENT OF AIR NAVIGATION ACT 1937 3 Act amended in pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 4 Amendment of title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 5 Insertion of pt hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 6 Amendment of s 4 (Deﬁnitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 7 Insertion of pt hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 8 Amendment of s 9 (Purpose of this Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 9 Amendment of s 10 (Construction of the regulations in their application by virtue of this Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 10 Amendment of s 11 (Power of Governor in Council to declare that provision of the regulations shall not apply in Queensland by virtue of this Act) . . . . 12 11 Insertion of new pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 PART 3—RECOVERY OF CERTAIN DAMAGES 12 Meaning of “in ﬂight” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 13 Meaning of “operator” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 14 Part binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 15 Use of an aircraft by employees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 16 Liability for injury, loss, damage or destruction . . . . . . . . . . . . . . . . 13 17 Recovery of damages without proof of intention, negligence or other cause of action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 PART 4—MISCELLANEOUS

2 Transport Legislation Amendment Act 2001 No. 79, 2001 18 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 PART 3—AMENDMENT OF CIVIL AVIATION (CARRIERS’ LIABILITY) ACT 1964 12 Act amended in pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 13 Amendment of s 6A (Administration of the applied provisions as Commonwealth laws) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 PART 4—AMENDMENT OF TOW TRUCK ACT 1973 14 Act amended in pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 15 Amendment of s 21 (Cancellation or suspension of licences or certiﬁcates) 15 16 Replacement of pt 6 (Appeals) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 PART 6—REVIEW OF AND APPEALS AGAINST DECISIONS 28 Review of and appeals against decisions . . . . . . . . . . . . . . . . . . . . . . 16 17 Insertion of new schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 SCHEDULE REVIEWABLE DECISIONS PART 5—AMENDMENT OF TRANSPORT (BUSWAY AND LIGHT RAIL) AMENDMENT ACT 2000 18 Act amended in pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 19 Amendment of s 13 (Insertion of new chs 7A–7C). . . . . . . . . . . . . . . . . . . . 18 180KA Watercourses and busway transport infrastructure works . . . . . . . . 18 180M Powers of chief executive for busway transport infrastructure works contracts etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 180N Distraction of trafﬁc on busway. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Division 2A—Ancillary works and encroachments 180QA Ancillary works and encroachments. . . . . . . . . . . . . . . . . . . . . . . . . 21 180QB Presumptions about advertising sign . . . . . . . . . . . . . . . . . . . . . . . . 21 180QC Alteration etc. of ancillary works and encroachments . . . . . . . . . . . 22 PART 5—BUSWAY SERVICE PROVIDER AUTHORISATION 180ZKA Who may drive on a busway . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 180ZKB Applying for authorisation as busway service provider . . . . . . . . . 24 180ZKC Considering application for authorisation . . . . . . . . . . . . . . . . . . . 24 180ZKD Authorisation conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 180ZKE Requiring authorisation conditions to be complied with . . . . . . . . 25 180ZKF Authorisation period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

3 Transport Legislation Amendment Act 2001 No. 79, 2001 180ZKG Amending authorisation conditions on application . . . . . . . . . . . . 180ZKH Amending authorisation conditions without application . . . . . . . . 180ZKI Suspending or cancelling authorisation . . . . . . . . . . . . . . . . . . . . . . 180ZKJ Immediate suspension of authorisation . . . . . . . . . . . . . . . . . . . . . . 180ZKK Surrender of authorisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Amendment of s 19 (Amendment of sch 3 (Dictionary)) . . . . . . . . . . . . . . . PART 6—AMENDMENT OF TRANSPORT (GLADSTONE EAST END TO HARBOUR CORRIDOR) ACT 1996 21 Act amended in pt 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Amendment of sch 1 (Land for rail transport corridor). . . . . . . . . . . . . . . . . 23 Amendment of sch 4 (Roads partially closed) . . . . . . . . . . . . . . . . . . . . . . . PART 7—AMENDMENT OF TRANSPORT INFRASTRUCTURE ACT 1994 24 Act amended in pt 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Omission of s 22 (Deﬁnitions for ch 5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25A Insertion of new s 24A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Amendment of s 45 (Removal of materials etc.). . . . . . . . . . . . . . . . . . . . . . 27 Replacement of s 59 (Location and requirements) . . . . . . . . . . . . . . . . . . . . 59 Location . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59A Chief executive’s requirements for public utility plant . . . . . . . . . . . 28 Amendment of s 62 (Liability for damage or expenses) . . . . . . . . . . . . . . . . 29 Insertion of new ss 131A and 131B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131A Railway tunnel easements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131B What is “future railway land” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Replacement of s 138 (Carrying dangerous goods) . . . . . . . . . . . . . . . . . . . 31 Amendment of s 152 (Application of Land Act 1994) . . . . . . . . . . . . . . . . . 32 Omission of s 154 (Continuation of port authorities) . . . . . . . . . . . . . . . . . . 33 Amendment of s 181B (Deﬁnition for pt 2) . . . . . . . . . . . . . . . . . . . . . . . . . 34 Insertion of new ch 8AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CHAPTER 8AA—TRANSPORTING DANGEROUS GOODS BY RAIL PART 1—INTRODUCTORY 187AA Purposes of ch 8AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 187AB Application of ch 8AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 26 27 28 29 29 30 30 30 30 31 31 32 32 33 33 33 33 33 34 35 36 36 36 37 37 37

4 Transport Legislation Amendment Act 2001 No. 79, 2001 187AC Ch 8AA binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 PART 2—REGULATIONS 187AD Regulations about dangerous goods . . . . . . . . . . . . . . . . . . . . . . . . . 39 PART 3—APPROVALS AND EXEMPTIONS Division 1—Exemptions 187AE Exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 Division 2—Amending, suspending or cancelling approval or exemption 187AF Grounds for amending, suspending or cancelling approval or exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 187AG What chief executive must do before taking proposed action, other than for class exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 187AH What chief executive must do before taking proposed action for class exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 187AI Decision on proposed action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 187AJ Sections 187AG–187AI do not apply to beneﬁcial or clerical amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 187AK Immediate suspension in the public interest. . . . . . . . . . . . . . . . . . . 45 PART 4—OFFENCES 187AL Goods too dangerous to be transported. . . . . . . . . . . . . . . . . . . . . . . 45 187AM Duties when transporting dangerous goods . . . . . . . . . . . . . . . . . . . 45 187AN Prohibition on involvement in the transportation of dangerous goods by rail . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 PART 5—RECOVERY OF COSTS AND FORFEITURE 187AO Forfeiture on conviction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 187AP Dealing with forfeited things etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 187AQ Recovery of costs from convicted person . . . . . . . . . . . . . . . . . . . . . 48 187AR Recovery of costs of government action. . . . . . . . . . . . . . . . . . . . . . 48 PART 6—MISCELLANEOUS 187AS Certiﬁcates and documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 187AT Helping in accidents or emergencies . . . . . . . . . . . . . . . . . . . . . . . . . 49 35 Amendment of s 187Q (Notice of draft waterway transport management plan) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 36 Amendment of s 191 (Disposal of fees, penalties etc.) . . . . . . . . . . . . . . . . . 50 37 Insertion of new ss 199A–199C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 199A Altering watercourse to adversely affect transport route . . . . . . . . . . 51

5 Transport Legislation Amendment Act 2001 No. 79, 2001 199B Altering materials etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 199C Recovery of cost of damage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Omission of s 227 (Deﬁnitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Amendment of sch 1 (Subject matter for regulations) . . . . . . . . . . . . . . . . . 40 Amendment of sch 2 (Reviews and appeals). . . . . . . . . . . . . . . . . . . . . . . . . 41 Insertion of new sch 2A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SCHEDULE 2A RAILWAY TUNNEL EASEMENTS 42 Amendment of sch 3 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 Omission of attachment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 8—AMENDMENT OF TRANSPORT OPERATIONS (MARINE POLLUTION) ACT 1995 44 Act amended in pt 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44A Amendment of s 2 (Commencement) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Amendment of s 26 (Discharge of oil into coastal waters prohibited) . . . . . 46 Amendment of s 28 (Defences to discharge offence) . . . . . . . . . . . . . . . . . . 47 Amendment of s 30 (Shipboard oil pollution emergency plan) . . . . . . . . . . 48 Amendment of s 35 (Discharge of noxious liquid substances into coastal waters prohibited) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 Amendment of s 36 (Defences to discharge offence) . . . . . . . . . . . . . . . . . . 50 Amendment of s 42 (Jettisoning of harmful substances into coastal waters prohibited) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 Amendment of s 47 (Discharge of sewage into coastal waters prohibited) . 52 Amendment of s 50 (Ships to have holding tanks) . . . . . . . . . . . . . . . . . . . . 53 Amendment of s 55 (Disposal of garbage into coastal waters prohibited) . . 54 Amendment of s 58 (Responsibility for pollution from transfer operations and other matters) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 Amendment of s 61 (Discharge of pollutant into coastal waters prohibited) 56 Amendment of s 67 (Duty to report certain incidents) . . . . . . . . . . . . . . . . . 57 Amendment of s 89 (Power to require production of documents) . . . . . . . . 58 Amendment of pt 13 heading (Security) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 Amendment of s 111 (Deﬁnitions for part) . . . . . . . . . . . . . . . . . . . . . . . . . . 60 Omission of s 112 (Application of part) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 Amendment of s 113 (Detained ship must be released on giving security) . 52 53 54 54 55 56 59 62 63 63 63 63 64 64 64 65 65 66 66 66 66 67 67 67 67 68 68

6 Transport Legislation Amendment Act 2001 No. 79, 2001 62 Amendment of s 114 (Other ways detained ship may be released) . . . . . . . 68 63 Amendment of s 115 (Claims on security) . . . . . . . . . . . . . . . . . . . . . . . . . . 68 64 Amendment of s 122 (Recovery of discharge expenses) . . . . . . . . . . . . . . . 69 65 Amendment of s 127 (Court may make orders about compensation and other matters) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 66 Amendment of sch (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 PART 9—AMENDMENT OF TRANSPORT OPERATIONS (MARINE SAFETY) ACT 1994 67 Act amended in pt 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 68 Amendment of s 4 (Deﬁnitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 69 Amendment of s 12 (Relationship with Commonwealth Navigation Act generally) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 70 Amendment of s 35 (How is safety in Queensland waters achieved) . . . . . . 70 71 Amendment of s 71 (Declaration and closing of pilotage areas) . . . . . . . . . 70 72 Amendment of s 99 (Pilots required for ship navigation in pilotage areas) . 70 73 Amendment of s 101 (Immunity for pilots and general employers) . . . . . . . 71 74 Insertion of new s 172A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 172A Other directions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 75 Insertion of new pt 13, div 4A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 Division 4A—Removing abandoned property 175A Removing abandoned property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 76 Amendment of s 199 (Limitation on time for starting summary proceedings) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 77 Amendment of s 201 (Evidentiary provisions) . . . . . . . . . . . . . . . . . . . . . . . 74 78 Insertion of new s 206B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 206B Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 79 Amendment of s 215 (Pilotage fees and conservancy dues) . . . . . . . . . . . . . 75 80 Amendment of s 224 (Existing approvals, consents, licences, permits etc.). 75 PART 10—AMENDMENT OF TRANSPORT OPERATIONS (PASSENGER TRANSPORT) ACT 1994 81 Act amended in pt 10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 82 Insertion of new ss 126A–126G and pts 3A and 3B . . . . . . . . . . . . . . . . . . . 76 126A Securing seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 126B Tampering with seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76

7 Transport Legislation Amendment Act 2001 No. 79, 2001 126C Powers supporting seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 126D Forfeiture of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 126E Dealing with forfeited things etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 126F Return of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 126G Access to seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 PART 3A—POWERS OF AUTHORISED PERSONS FOR RAIL VEHICLES 126H Power to hold or stop and hold rail vehicle . . . . . . . . . . . . . . . . . . . . 79 126I Power to require rail vehicle inspection. . . . . . . . . . . . . . . . . . . . . . . 80 126J Power to prohibit use of rail vehicle . . . . . . . . . . . . . . . . . . . . . . . . . 80 126K Power to give remedial action notices . . . . . . . . . . . . . . . . . . . . . . . . 81 PART 3B—POWERS OF AUTHORISED PERSONS FOR DANGEROUS SITUATIONS INVOLVING RAIL VEHICLES 126L Application of part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 126M Additional power to require information or produce document . . . . 82 126N Power to give directions to deal with dangerous situation. . . . . . . . . 83 126O Power to take direct action to deal with dangerous situation. . . . . . . 84 83 Amendment of s 127 (Power to require name and address) . . . . . . . . . . . . . 85 84 Amendment of s 129 (Power to require production of certain documents) . 85 85 Amendment of s 137 (Power to require name and address etc.) . . . . . . . . . . 86 86 Amendment of s 143AE (Vehicle and equipment not to be interfered with) 86 87 Insertion of new s 153A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 153A Evidentiary aids—belief of authorised person. . . . . . . . . . . . . . . . . . 86 88 Amendment of sch 2 (Reviewable decisions) . . . . . . . . . . . . . . . . . . . . . . . . 88 89 Amendment of sch 3 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 PART 11—AMENDMENT OF TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 90 Act amended in pt 11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 91 Amendment of s 17B (Granting, renewing or refusing approval). . . . . . . . . 90 92 Amendment of s 18 (Grounds for amending, suspending or cancelling approvals) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 93 Amendment of s 32 (Power to stop heavy vehicles) . . . . . . . . . . . . . . . . . . . 91 94 Amendment of s 60 (Evidentiary aids) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 95 Insertion of new s 72A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92

8 Transport Legislation Amendment Act 2001 No. 79, 2001 72A Way to install ofﬁcial trafﬁc sign . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 96 Replacement of s 78 (Driving of motor vehicle without a driver licence prohibited) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 78 Driving of motor vehicle without a driver licence prohibited . . . . . . 92 97 Amendment of s 79 (Driving etc. whilst under inﬂuence of liquor or drugs or with prescribed concentration of alcohol in blood) . . . . . . . . . . . . . . . . . 94 98 Amendment of s 80 (Provisions with respect to breath tests and laboratory tests) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 99 Amendment of s 87 (Issue of restricted licence to disqualiﬁed person) . . . . 95 100 Amendment of s 100 (Removal of things from roads) . . . . . . . . . . . . . . . . . 95 101 Amendment of s 102 (Parking regulation involves installing ofﬁcial trafﬁc signs) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 102 Amendment of s 113 (Deﬁnitions for div 2) . . . . . . . . . . . . . . . . . . . . . . . . . 95 103 Amendment of s 114 (Offences detected by photographic detection device) 97 104 Amendment of s 116 (Notice accompanying summons) . . . . . . . . . . . . . . . 98 105 Amendment of s 120 (Evidentiary provisions) . . . . . . . . . . . . . . . . . . . . . . . 98 106 Amendment of s 121 (Application of the State Penalties Enforcement Act1999) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 107 Amendment of s 124 (Facilitation of proof) . . . . . . . . . . . . . . . . . . . . . . . . . 98 108 Omission of s 129 (Effect of cancellation pursuant to regulations) . . . . . . . 99 109 Amendment of s 130 (Delivery of cancelled or suspended licences, or licences for endorsement) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 109A Amendment of s 132 (Appeals against licence cancellation under regulations) 99 110 Amendment of s 147 (Regulating vehicles etc. in public places) . . . . . . . . . 100 111 Amendment of s 151 (Application of part) . . . . . . . . . . . . . . . . . . . . . . . . . . 100 112 Amendment of s 153 (Exemptions). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 113 Amendment of s 166 (Ofﬁcial trafﬁc sign approvals) . . . . . . . . . . . . . . . . . . 101 114 Omission of sch 1 (Disqualifying offences—approvals) . . . . . . . . . . . . . . . 101 115 Amendment of sch 4 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101

Queensland Transport Legislation Amendment Act 2001 Act No. 79 of 2001 An Act to amend legislation administered by the Minister for Transport and the Minister for Main Roads [Assented to 29 November 2001]

s 1 10 Transport Legislation Amendment Act 2001 The Parliament of Queensland enacts— s4 No. 79, 2001 PART 1—PRELIMINARY 1 Short title This Act may be cited as the Transport Legislation Amendment Act 2001 . 2 Commencement (1) Section 44A commences on assent. (2) Sections 96, 109 and 109A commence on 3 December 2001. (3) The remaining provisions of this Act commence on a day to be ﬁxed by proclamation. PART 2—AMENDMENT OF AIR NAVIGATION ACT 1937 3 Act amended in pt 2 This part amends the Air Navigation Act 1937. 4 Amendment of title Title, after ‘State’— insert— ‘, and to provide in relation to liability for certain injury, loss, damage or destruction by aircraft’.

s 5 11 s 9 Transport Legislation Amendment Act 2001 No. 79, 2001 5 Insertion of pt hdg Before section 1— insert— ‘PART 1—PRELIMINARY ’. 6 Amendment of s 4 (Deﬁnitions) Section 4— insert— ‘ “aircraft” means any machine or craft that can derive support in the atmosphere from the reactions of the air, other than the reactions of the air against the earth’s surface, but does not include model aircraft. “in ﬂight” see section 12. “operator” see section 13.’. 7 Insertion of pt hdg Before section 5— insert— ‘PART 2—APPLICATION OF REGULATIONS ’. 8 Amendment of s 9 (Purpose of this Act) Section 9, ‘Act’— omit, insert— ‘part’. 9 Amendment of s 10 (Construction of the regulations in their application by virtue of this Act) (1) Section 10(2)(b)— omit. (2) Section 10(2)(c)— renumber as section 10(2)(b).

s 10 12 s 11 Transport Legislation Amendment Act 2001 No. 79, 2001 10 Amendment of s 11 (Power of Governor in Council to declare that provision of the regulations shall not apply in Queensland by virtue of this Act) Section 11, heading, and section 11(1) and (2), ‘in Council’— omit. 11 Insertion of new pt 3 After section 11— insert— ‘PART 3—RECOVERY OF CERTAIN DAMAGES ‘12 Meaning of “in ﬂight” ‘ (1) For this part, an aircraft that is lighter than air is taken to be “in ﬂight” from the moment when it becomes detached from the earth’s surface until the moment when it again becomes attached to the earth’s surface. ‘ (2) For this part, a power-driven aircraft that is heavier than air is taken to be “in ﬂight” from the moment when power is applied for the purpose of take-off until the moment when its landing run ends. ‘ (3) For this part, an aircraft that is heavier than air but is not power-driven is taken to be “in ﬂight” from the moment when it becomes airborne (whether or not it is then attached to any other aircraft or machine) until the moment when its landing run ends. ‘13 Meaning of “operator” ‘ (1) For this part, a person who uses an aircraft is taken to be the operator of the aircraft. ‘ (2) However, if a person authorises the use of an aircraft but retains control of its navigation— (a) the person who is authorised to use the aircraft is not taken to be the operator of the aircraft; and (b) the person who retains control of the aircraft’s navigation is taken to be the operator of the aircraft.

s 11 13 s 11 Transport Legislation Amendment Act 2001 No. 79, 2001 ‘14 Part binds all persons ‘This part binds all persons, including the State, and, in so far as the legislative power of the State permits, the Commonwealth and the other States. ‘15 Use of an aircraft by employees ‘If a person’s employee uses an aircraft in the course of the employee’s employment, whether or not the employee is authorised to do so— (a) the employee is not taken to use the aircraft; and (b) the person is taken to use the aircraft. ‘16 Liability for injury, loss, damage or destruction ‘ (1) This section applies if a person or property on, in or under land or water suffers personal injury, loss of life, material loss, damage or destruction caused by— (a) an impact with an aircraft that is in ﬂight, or that was in ﬂight immediately before the impact happened; or (b) an impact with part of an aircraft that was damaged or destroyed while in ﬂight; or (c) an impact with a person, animal or thing that fell from an aircraft in ﬂight; or (d) something that results from an impact of a kind mentioned in paragraph (a), (b) or (c). ‘ (2) The following people are jointly and severally liable in respect of the injury, loss, damage or destruction— (a) the operator of the aircraft immediately before the impact happened; (b) the owner of the aircraft immediately before the impact happened; (c) if the operator of the aircraft immediately before the impact happened was authorised to use the aircraft but did not have the exclusive right to use it for a period of more than 14 consecutive days—the person who authorised the use of the aircraft;

s 11 14 s 11 Transport Legislation Amendment Act 2001 No. 79, 2001 (d) if the operator of the aircraft immediately before the impact happened was using the aircraft without the authority of the person entitled to control its navigation—the person entitled to control the navigation of the aircraft. ‘ (3) Subsection (2)(d) does not apply if the person entitled to control the navigation of the aircraft had taken all reasonable steps to prevent the unauthorised use of the aircraft. ‘ (4) If— (a) an injury, loss, damage or destruction of the kind mentioned in subsection (1) is the result of a collision or interference between 2 or more aircraft in ﬂight; or (b) 2 or more aircraft jointly cause an injury, loss, damage or destruction of that kind; this section applies in relation to each of the aircraft. ‘17 Recovery of damages without proof of intention, negligence or other cause of action ‘ (1) Damages for an injury, loss, damage or destruction of the kind mentioned in section 16(1) are recoverable in an action in a court of competent jurisdiction against all or any of the persons (the “defendants” ) who are jointly and severally liable under that section. ‘ (2) The damages are recoverable without proof of intention, negligence or other cause of action, as if the injury, loss, damage or destruction had been caused by the wilful act, negligence or default of the defendant. ‘PART 4—MISCELLANEOUS ‘18 Regulation-making power ‘The Governor in Council may make regulations under this Act.’.

s 12 15 s 16 Transport Legislation Amendment Act 2001 No. 79, 2001 PART 3—AMENDMENT OF CIVIL AVIATION (CARRIERS’ LIABILITY) ACT 1964 12 Act amended in pt 3 This part amends the Civil Aviation (Carriers’ Liability) Act 1964 . 13 Amendment of s 6A (Administration of the applied provisions as Commonwealth laws) (1) Section 6A(3)— renumber as section 6A(4). (2) Section 6A— insert— ‘ (3) Despite subsection (2)(b) and (c), the Penalties and Sentences Act1992 , section 181A 1 applies to offences against the applied provisions.’. PART 4—AMENDMENT OF TOW TRUCK ACT 1973 14 Act amended in pt 4 This part amends the Tow Truck Act 1973. 15 Amendment of s 21 (Cancellation or suspension of licences or certiﬁcates) Section 21(2), ‘, given pursuant to section 28’— omit. 16 Replacement of pt 6 (Appeals) Part 6— 1 Sections 181A (Corporations to be ﬁned if imprisonment is the only penalty)

s 16 16 s 16 Transport Legislation Amendment Act 2001 No. 79, 2001 omit, insert— ‘PART 6—REVIEW OF AND APPEALS AGAINST DECISIONS ‘28 Review of and appeals against decisions ‘ (1) A person whose interests are affected by a decision (the “original decision” ) described in the schedule may ask the chief executive to review the decision. ‘ (2) The person is entitled to receive a statement of reasons for the original decision. ‘ (3) The Transport Planning and Coordination Act 1994 , part 5, division 2— (a) applies to the review; and (b) provides— (i) for the procedure for applying for the review and the way it is to be carried out; and (ii) that the person may apply to the Magistrates Court for a stay of the original decision. ‘ (4) Also, after the chief executive conﬁrms or amends the original decision or substitutes another decision, the person may appeal against the conﬁrmed, amended or substituted decision (the “reviewed decision” ) to the Magistrates Court. ‘ (5) The Transport Planning and Coordination Act 1994 , part 5, division 3— (a) applies to the appeal; and (b) provides— (i) for the procedure for the appeal and the way it is to be disposed of; and (ii) that the person may apply to the Magistrates Court for a stay of the reviewed decision.’.

s 17 17 s 17 Transport Legislation Amendment Act 2001 No. 79, 2001 17 Insertion of new schedule After section 44— insert— ‘SCHEDULE ‘REVIEWABLE DECISIONS section 28 Licence 1. Failing to grant and issue a licence under section 6 2. Failing to renew a licence under section 9 3. Imposing conditions on the grant or renewal of a licence under section 10 4. Varying licence conditions under section 10 5. Cancelling or suspending a licence under section 21 Driver’s certiﬁcate or assistant’s certiﬁcate 1. Failing to grant and issue a certiﬁcate under section 14 2. Failing to renew a certiﬁcate under section 17 3. Imposing conditions on the grant or renewal of a certiﬁcate under section 16 4. Varying certiﬁcate conditions under section 16 5. Cancelling or suspending a certiﬁcate under section 21’.

s 18 18 s 19 Transport Legislation Amendment Act 2001 No. 79, 2001 PART 5—AMENDMENT OF TRANSPORT (BUSWAY AND LIGHT RAIL) AMENDMENT ACT 2000 18 Act amended in pt 5 This part amends the Transport (Busway and Light Rail) Amendment Act2000 . 19 Amendment of s 13 (Insertion of new chs 7A–7C) (1) Section 13, new section 180A— omit. (2) Section 13, new chapter 7A, part 4, division 1— insert— ‘180KA Watercourses and busway transport infrastructure works ‘ (1) To carry out busway transport infrastructure works, the chief executive may— (a) divert a watercourse; or (b) construct a watercourse, whether temporary or permanent. ‘ (2) In taking action under subsection (1)(a), the chief executive must consider the effect that the action will have on the physical integrity and ﬂow characteristics of the watercourse.’. (3) Section 13, new sections 180M and 180N— omit, insert— ‘180M Powers of chief executive for busway transport infrastructure works contracts etc. ‘ (1) The chief executive may, for the State, carry out or enter into contracts with other persons for the carrying out of— (a) busway transport infrastructure works on a busway or on land that is intended to become a busway; or (b) other works that contribute to the effectiveness and efﬁciency of the busway network; or (c) the operation of a busway.

s 19 19 s 19 Transport Legislation Amendment Act 2001 No. 79, 2001 ‘ (2) The chief executive, for the State, may enter into contracts with other persons for busway transport infrastructure works to be carried out outside the State under an agreement between the State and the other State concerned. ‘ (3) A contract with a local government under this section may include arrangements about which powers of the local government are to be exercised by the chief executive, and which are to be exercised by the local government, for the busway. ‘ (4) A local government may enter into a contract mentioned in subsection (1) even though the contract relates to works or operation outside the local government’s area. ‘ (5) The chief executive, for the State, may carry out or enter into contracts for works on or adjacent to a busway at the request of the owner of adjacent land on the basis that the owner provides consideration, whether monetary or otherwise, as agreed between the chief executive and the owner. ‘ (6) This section does not prevent the chief executive carrying out, or entering into contracts for the carrying out, of busway transport infrastructure works of a minor or emergency nature. ‘ (7) In carrying out works or the operation of a busway, the chief executive must ensure that the carrying out is done on a price competitive basis. ‘ (8) In entering into contracts under this section, the chief executive must ensure that open competition is encouraged. ‘ (9) Subsection (8) does not apply to a contract with a person if the person is the sole invitee and enters into a price performance contract with the chief executive. ‘ (10) The chief executive may arrange with another person for the sharing by the chief executive with the other person of the cost of— (a) acquisition of land for busway transport infrastructure; or (b) busway transport infrastructure works on a busway; or (c) other works that contribute to the effectiveness and efﬁciency of the busway network; or (d) the operation of a busway; including all necessary preliminary costs associated with the acquisition, works or operation.

s 19 20 s 19 Transport Legislation Amendment Act 2001 No. 79, 2001 ‘180N Distraction of trafﬁc on busway ‘ (1) A local government must obtain the chief executive’s written approval if it intends to approve the erection, alteration or operation of an advertising sign or other advertising device that would be— (a) visible from a busway; and (b) reasonably likely to create a trafﬁc hazard for the busway. ‘ (2) For subsection (1), the chief executive may make guidelines to which local governments must have regard in deciding whether the chief executive’s approval is required for a particular busway. ‘ (3) An approval may be subject to conditions. ‘ (4) Subsection (1) does not apply if the conditions applied by the local government to the erection, alteration or operation of the sign or device comply with permission criteria ﬁxed by the chief executive. ‘ (5) The permission criteria may include conditions. ‘ (6) A local government must comply with conditions that apply to it under this section. ‘ (7) An approval must be given— (a) within 21 days after receiving the application for approval; or (b) within a longer period notiﬁed to the local government by the chief executive within the 21 day period. ‘ (8) If the chief executive does not respond to a local government’s application within 21 days after receiving it, the chief executive is taken to have given approval at the end of the 21 days. ‘ (9) The chief executive must publish a copy of each notice mentioned in subsection (10) in the gazette. ‘ (10) In this section— “busway” includes land that the chief executive has notiﬁed the local government in writing is intended to become a busway.’. (4) Section 13, new section 180P(2)— omit. (5) Section 13, new chapter 7A, part 4— insert—

s 19 21 s 19 Transport Legislation Amendment Act 2001 No. 79, 2001 ‘Division 2A—Ancillary works and encroachments ‘180QA Ancillary works and encroachments ‘ (1) The chief executive may construct, maintain, operate or conduct ancillary works and encroachments on a busway. ‘ (2) The chief executive may, by gazette notice, decide that stated ancillary works and encroachments must not be constructed, maintained, operated or conducted on busways, without the chief executive’s written approval. ‘ (3) A person must not construct, maintain, operate or conduct ancillary works and encroachments on a busway contrary to a notice under subsection (2). Maximum penalty—200 penalty units. ‘ (4) Subsection (3) does not apply to the construction, maintenance, operation or conduct of ancillary works and encroachments on a busway if the construction, maintenance, operation or conduct— (a) conforms to requirements speciﬁed by the chief executive by gazette notice; or (b) is done as required by a contract entered into with the chief executive. ‘ (5) An approval or requirements may be subject to conditions, including conditions about the payment of fees and other charges, ﬁxed by the chief executive. ‘180QB Presumptions about advertising sign ‘ (1) This section applies to a prosecution for an offence against section 180QA(3) in relation to an advertising sign. ‘ (2) Each person whose product or service is advertised on the sign is taken to maintain the sign, unless the person proves the advertisement was placed without the person’s knowledge or permission.

s 19 22 s 19 Transport Legislation Amendment Act 2001 No. 79, 2001 ‘180QC Alteration etc. of ancillary works and encroachments ‘ (1) If ancillary works and encroachments are constructed, maintained, operated or conducted contrary to section 180QA 2 , the chief executive may— (a) cause them to be altered, relocated, made safe or removed; or (b) for activities—direct that their conduct be altered or that they stop being conducted. ‘ (2) A person who constructed, maintained or operated ancillary works and encroachments contrary to section 180QA is liable to pay to the chief executive the cost of altering or relocating them, making them safe or removing them. ‘ (3) If ancillary works and encroachments are removed under subsection (1), the chief executive may cause them to be sold or destroyed. ‘ (4) If the chief executive considers ancillary works and encroachments, or the use of ancillary works and encroachments, that were constructed, maintained, operated or conducted on a busway under an approval, requirements or contract under section 180QA— (a) by themselves or with other factors— (i) are creating, or may create, a trafﬁc hazard; or (ii) are reducing, or may reduce, safety; or (iii) are having, or may have, an adverse effect on trafﬁc operations; or (b) require emergency action; or (c) have become, or may become, an obstacle to the carrying out of busway transport infrastructure works on the busway or to the construction, augmentation, alteration or maintenance of public utility plant on the busway; the chief executive may cause them to be, or direct that they be, altered, relocated, made safe or removed or, for activities, direct that their conduct be altered or that they stop being conducted. ‘ (5) A person must comply with a direction under subsection (4). Maximum penalty—200 penalty units. 2 Section 180QA (Ancillary works and encroachments)

s 19 23 s 19 Transport Legislation Amendment Act 2001 No. 79, 2001 ‘ (6) If ancillary works and encroachments are altered, relocated, made safe or removed because of a direction under subsection (4), the chief executive may enter into an agreement with the owner of the ancillary works and encroachments for making a contribution towards the cost of the alteration, relocation, making safe or removal.’. (6) Section 13, new section 180ZE(3)— omit. (7) Section 13, new chapter 7A— insert— ‘PART 5—BUSWAY SERVICE PROVIDER AUTHORISATION ‘180ZKA Who may drive on a busway ‘ (1) A person must not drive on a busway unless the person is— (a) driving in the course of the person’s duty as an employee of— (i) an authorised busway service provider for the busway; or (ii) the holder of a service contract that requires the holder to provide a public passenger service for the busway; or (iii) an emergency service; or (b) authorised by the chief executive to drive on the busway. Maximum penalty—160 penalty units. ‘ (2) In this section— “emergency service” means— (a) the Queensland Ambulance Service; or (b) the Queensland Fire and Rescue Authority; or (c) the Queensland Police Service; or (d) the State Emergency Services; or (e) another entity approved by the chief executive.

s 19 24 s 19 Transport Legislation Amendment Act 2001 No. 79, 2001 ‘180ZKB Applying for authorisation as busway service provider ‘ (1) A person may apply to the chief executive for authorisation as a busway service provider for a busway. ‘ (2) The chief executive may, by written notice, require an applicant to give the chief executive stated written information that the chief executive reasonably requires to consider the application. ‘ (3) The chief executive may reject the application if the applicant fails to comply with the requirement within a stated reasonable time, of not less than 28 days, without reasonable excuse. ‘180ZKC Considering application for authorisation ‘ (1) The chief executive must promptly consider an application for authorisation as a busway service provider and decide to grant, or refuse to grant, the authorisation. ‘ (2) If the chief executive decides to grant the authorisation, the chief executive must promptly give the applicant a written notice stating— (a) the decision; and (b) the details of the authorisation, including its scope; and (c) if the authorisation is subject to a condition— (i) the details of the condition; and (ii) the reason for the condition. ‘ (3) If the chief executive decides not to grant the authorisation, the chief executive must promptly give the applicant a written notice stating— (a) the decision; and (b) the reason for the decision. ‘ (4) A notice under subsection (2) or (3) must be accompanied by an information notice. ‘180ZKD Authorisation conditions ‘ (1) An authorisation may be subject to conditions. ‘ (2) A condition may relate only to— (a) safely using a busway; or

s 19 25 s 19 Transport Legislation Amendment Act 2001 No. 79, 2001 (b) something else prescribed under a regulation. ‘ (3) An authorised busway service provider must comply with each condition of the provider’s authorisation. Maximum penalty for subsection (3)—40 penalty units. ‘180ZKE Requiring authorisation conditions to be complied with ‘ (1) This section applies if the chief executive reasonably believes an authorised busway service provider has not complied with a condition of the provider’s authorisation. ‘ (2) The chief executive may, by written notice, require the provider to remedy the breach within a reasonable period stated in the notice. ‘ (3) If the provider has not complied with the condition, the provider must comply with the notice. Maximum penalty for subsection (3)—40 penalty units. ‘180ZKF Authorisation period ‘A busway service provider’s authorisation remains in force until suspended, cancelled or surrendered. ‘180ZKG Amending authorisation conditions on application ‘ (1) An authorised busway service provider may apply to the chief executive for an amendment of the conditions of the provider’s authorisation. ‘ (2) The chief executive must consider the application and decide to grant, or refuse to grant, the amendment. ‘ (3) The chief executive may amend a condition only if satisﬁed the condition is— (a) no longer appropriate; or (b) no longer consistent with generally accepted risk management principles. ‘ (4) If the chief executive decides to amend a condition, the chief executive must promptly give the applicant a written notice stating the decision and the amendment.

s 19 26 s 19 Transport Legislation Amendment Act 2001 No. 79, 2001 ‘ (5) If the chief executive decides not to amend a condition, the chief executive must promptly give the applicant a written notice stating— (a) the decision; and (b) the reason for the decision. ‘ (6) A notice under subsection (5) must be accompanied by an information notice. ‘ (7) If the chief executive does not decide the application within 70 days after it is made, the chief executive is taken to have made the amendment sought by the applicant at the end of the 70 days. ‘180ZKH Amending authorisation conditions without application ‘ (1) This section applies if the chief executive considers the conditions of a busway service provider’s authorisation should be amended although the provider has not applied for the amendment. ‘ (2) Before amending the conditions, the chief executive must give the provider a written notice stating— (a) the proposed amendment; and (b) the reason for the amendment; and (c) an invitation to the provider to show in writing, within a stated time of at least 28 days, why the amendment should not be made. ‘ (3) If, after considering all written representations made within the stated time, the chief executive still considers the conditions should be amended, the chief executive may amend the conditions— (a) in the way proposed; or (b) in another way, having regard to the representations. ‘ (4) The chief executive must inform the provider of the decision by written notice. ‘ (5) If the chief executive decides to amend the conditions, the notice must also state— (a) the amendment; and (b) the reason for the decision. ‘ (6) A notice under subsection (5) must be accompanied by an information notice.

s 19 27 s 19 Transport Legislation Amendment Act 2001 No. 79, 2001 ‘ (7) Subsections (2) to (5) do not apply if the chief executive proposes to amend the conditions of a busway service provider’s authorisation for a formal or clerical reason that does not adversely affect the provider’s interests. ‘ (8) The chief executive may amend a condition in a way mentioned in subsection (7) by written notice to the provider. ‘180ZKI Suspending or cancelling authorisation ‘ (1) This section applies if the chief executive— (a) reasonably suspects an authorised busway service provider has contravened a condition of the provider’s authorisation; and (b) considers the authorisation should be suspended or cancelled (the “proposed action” ). ‘ (2) Before taking the proposed action, the chief executive must give the provider a written notice stating— (a) the proposed action; and (b) the reason for the proposed action; and (c) if the proposed action is to suspend the authorisation—the proposed suspension period; and (d) if the proposed action is to suspend the authorisation only in relation to a particular service operated by the provider—the service; and (e) an invitation to the provider to show in writing, 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 the proposed action should be taken, the chief executive may— (a) if the proposed action was to suspend the authorisation—suspend the authorisation— (i) for no longer than the proposed suspension period; and (ii) if the proposed suspension was limited to a particular service—only in relation to the service; or

s 19 28 s 19 Transport Legislation Amendment Act 2001 No. 79, 2001 (b) if the proposed action was to cancel the authorisation—cancel the authorisation or suspend it for a period. ‘ (4) The chief executive must inform the provider of the decision by written notice. ‘ (5) If the chief executive decides to suspend or cancel the authorisation, the notice must also state the reason for the decision. ‘ (6) If— (a) rather than cancel the authorisation, the chief executive suspends it on condition that the provider do certain things to rectify the failure to comply with a condition of the provider’s authorisation; and (b) the provider does not rectify the failure within the suspension period; the chief executive may immediately cancel the authorisation by written notice to the provider. ‘ (7) A notice under subsection (4) or (6) must be accompanied by an information notice. ‘180ZKJ Immediate suspension of authorisation ‘ (1) This section applies if the chief executive— (a) reasonably believes an authorised busway service provider has contravened a condition of the provider’s authorisation; and (b) considers members of the public may be seriously harmed if urgent action to suspend the authorisation is not taken. ‘ (2) The chief executive may immediately suspend the authorisation by written notice to the provider. ‘ (3) The notice must state the reason for the decision and must be accompanied by an information notice. ‘ (4) The chief executive must at the same time give the provider a notice under section 180ZKI(2). ‘ (5) The authorisation is suspended under this section until the earlier of the following— (a) the chief executive gives the provider notice of the chief executive’s decision under section 180ZKI;

s 20 29 s 20 Transport Legislation Amendment Act 2001 No. 79, 2001 (b) the end of 60 days after the notice under subsection (2) was given to the provider. ‘180ZKK Surrender of authorisation ‘An authorised busway service provider may, at any time, surrender the provider’s authorisation by written notice to the chief executive.’. (8) Section 13, new section 180ZL— omit. 20 Amendment of s 19 (Amendment of sch 3 (Dictionary)) (1) Section 19(2), deﬁnition “construction”— omit, insert— ‘ “construction” of busway, light rail, or road transport infrastructure includes each of the following for the infrastructure, to the extent it involves the development of the infrastructure— (a) initial construction; (b) improvement of its standard; (c) realignment; (d) widening; (e) extension to accommodate the extension of a busway, light rail or road.’. (2) Section 19(8)— omit.

s 21 30 s 24 Transport Legislation Amendment Act 2001 No. 79, 2001 PART 6—AMENDMENT OF TRANSPORT (GLADSTONE EAST END TO HARBOUR CORRIDOR) ACT 1996 21 Act amended in pt 6 This part amends the Transport(GladstoneEastEndtoHarbourCorridor) Act 1996. 22 Amendment of sch 1 (Land for rail transport corridor) (1) Schedule 1, section reference— omit, insert— ‘sections 2(1) and 6(1)(b)’. (2) Schedule 1, part 3— insert— ‘ 27A. Lot 25 on plan SP103896 in the parish of Calliope, county of Clinton.’. 23 Amendment of sch 4 (Roads partially closed) Schedule 4— insert— ‘ 17A. Lot 35 on plan SP101571 in the parish of Nolan, county of Deas Thompson.’. PART 7—AMENDMENT OF TRANSPORT INFRASTRUCTURE ACT 1994 24 Act amended in pt 7 This part amends the Transport Infrastructure Act 1994.

s 25 31 s 25A Transport Legislation Amendment Act 2001 No. 79, 2001 25 Omission of s 22 (Deﬁnitions for ch 5) Section 22— omit. 25A Insertion of new s 24A Chapter 5, part 2, division 1— insert— ‘24A State-controlled roads on rail corridor land ‘ (1) This section applies if, under section 23, the Minister intends to declare a road or route, or part of a road or route, that crosses rail corridor land and continues on the other side of the rail corridor land to be a State-controlled road. ‘ (2) Before making the declaration, the Minister must— (a) consult with the railway manager, if any, for the rail corridor land; and (b) give the railway manager a reasonable opportunity to make submissions to the Minister on the declaration. ‘ (3) If the Minister decides to declare the road or route, or part of the road or route, to be a State-controlled road, the Minister must, when making the declaration, declare in the gazette notice the part of the rail corridor land where it is crossed by the road or route to be a common area ( “common area” ) for the rail corridor land and the State-controlled road. ‘ (4) When the common area is declared— (a) the chief executive may construct, maintain and operate the State-controlled road on the common area in a way not inconsistent with its use as rail corridor land; and (b) a railway manager for the rail corridor land may construct, maintain and operate a railway on the common area in a way not inconsistent with its use as State-controlled road; and (c) the railway manager and its agents or employees do not have any liability for the State-controlled road or its use or operation on the common area. Examples for paragraph (a) — • a level crossing

s 26 32 s 27 Transport Legislation Amendment Act 2001 No. 79, 2001 • a bridge or other structure over a railway • a bridge or other structure that allows the road to pass under the railway. ‘ (5) Unless the chief executive and a railway manager for the rail corridor land otherwise agree— (a) subject to section 140, 3 the chief executive is responsible for maintaining the State-controlled road on the common area; and (b) if the State-controlled road on the common area stops being used, the chief executive is responsible for the cost of removing road transport infrastructure from the common area and restoring the railway. ‘ (6) The State is taken not to be in breach of any of its obligations in a sublease of the rail corridor land between the State and the railway manager by— (a) the Minister’s declarations; or (b) anything done by the chief executive under chapter 5 for the common area. ‘ (7) After the common area is declared— (a) the chief executive must promptly give a copy of the gazette notice of the declarations to the registrar of titles; and (b) the registrar of titles must record the declarations on the relevant lease of the rail corridor land to the State and any affected sublease in the leasehold land register.’. 26 Amendment of s 45 (Removal of materials etc.) Section 45(2)— omit. 27 Replacement of s 59 (Location and requirements) Section 59— omit, insert— 3 Section 140 (Maintaining roads crossing railways)

s 28 33 s 29 Transport Legislation Amendment Act 2001 No. 79, 2001 ‘59 Location ‘For the purposes of this division, the location of public utility plant on a State-controlled road includes the line, level and boundary of the plant on the road. ‘59A Chief executive’s requirements for public utility plant ‘ (1) The chief executive may, by written notice to the owner of public utility plant on a State-controlled road, make requirements about matters prescribed under a regulation in relation to the plant. ‘ (2) The requirements may include the imposition of conditions, including conditions about the payment of a fee or other charge ﬁxed by the chief executive.’. 28 Amendment of s 62 (Liability for damage or expenses) (1) Section 62(3), ‘replace or reconstruct’— omit, insert— ‘approve the replacement or reconstruction of’. (2) Section 62(4)— omit, insert— ‘ (4) If the chief executive approves the replacement or reconstruction of plant, the replacement or reconstruction must be done under the chief executive’s requirements.’. 29 Insertion of new ss 131A and 131B After section 131— insert — ‘131A Railway tunnel easements ‘ (1) This section applies to an easement described in schedule 2A, despite the terms of the easement. ‘ (2) The beneﬁt of the easement is taken to be vested in Queensland Rail. ‘ (3) Queensland Rail may— (a) transfer the beneﬁt of the easement only to the State; or

s 29 34 s 29 Transport Legislation Amendment Act 2001 No. 79, 2001 (b) surrender the easement only with the State’s consent. ‘ (4) If— (a) Queensland Rail remains the grantee of the easement; and (b) the easement is over, or adjoins, part of a railway tunnel corridor; and (c) Queensland Rail— (i) surrenders a part of the sublease of rail corridor land that adjoins the railway tunnel corridor to the State; or (ii) transfers the sublease of rail corridor land that adjoins the railway tunnel corridor to a railway manager; Queensland Rail must transfer the beneﬁt of the easement to the State. ‘ (5) If Queensland Rail remains the grantee of the easement, Queensland Rail may grant a licence in relation to the easement to a railway operator. ‘ (6) If the State becomes the grantee of the easement— (a) the State may grant a licence in relation to the easement to a railway manager; and (b) the railway manager may grant a sublicence to a railway operator. ‘ (7) No compensation is payable to the grantor of the easement because of any vesting, transfer, licence or sublicence under this section. ‘ (8) In this section— “railway tunnel corridor” means a corridor of land within which a tunnel containing rail transport infrastructure is situated. ‘131B What is “future railway land” ‘ (1) Land becomes “future railway land” when the chief executive, by written notice to the relevant local government and in the gazette, indicates that the land is intended to be used for a railway. ‘ (2) Future railway land ceases to be future railway land when it is leased under section 131(4). ‘ (3) If the chief executive decides that future railway land is no longer to be used for a railway, the chief executive must give written notice of that fact to the relevant local government and in the gazette.’.

s 30 35 s 30 Transport Legislation Amendment Act 2001 No. 79, 2001 30 Replacement of s 138 (Carrying dangerous goods) Section 138— omit, insert — ‘138 Railways on State-controlled roads ‘ (1) This section applies if— (a) a railway manager— (i) holds a sublease of rail corridor land; or (ii) has access to future railway land; and (b) the route of the rail corridor land or future railway land— (i) is interrupted by a State-controlled road; and (ii) continues on the other side of the State-controlled road. ‘ (2) The Minister may, by gazette notice, declare the part of the State-controlled road where it interrupts the route to be a common area ( “common area” ) for the State-controlled road and the route of the rail corridor land or future railway land. ‘ (3) If the Minister declares a common area— (a) the railway manager for the rail corridor land or future railway land may construct, maintain and operate a railway on the common area in a way not inconsistent with its use as a State-controlled road; and (b) the chief executive for chapter 5 may construct, maintain and operate the State-controlled road on the common area in a way not inconsistent with its use as a railway; and (c) the chief executive for chapter 5 and the chief executive’s agents or employees do not have any liability for the railway or its use or operation on the common area. Examples for paragraph (a) — • a level crossing • a bridge or other structure over the road • a bridge or other structure that allows the railway to pass under the road. ‘ (4) After a common area is declared—

s 31 36 s 33 Transport Legislation Amendment Act 2001 No. 79, 2001 (a) the chief executive must give a copy of the gazette notice to the registrar of titles— (i) promptly after the gazette notice is published, if the land is rail corridor land; or (ii) promptly after the land is leased to the railway manager under section 131(4), if the land is future railway land; and (b) the registrar of titles must record the declaration on the relevant lease of the rail corridor land to the State and the sublease in the leasehold land register. ‘ (5) If a railway on a common area stops being used, the railway manager for the railway is responsible for the cost of removing rail transport infrastructure from the common area and restoring the road, unless the chief executive and the railway manager otherwise agree.’. 31 Amendment of s 152 (Application of Land Act 1994) (1) Section 152, second dot point, after ‘payable’— insert— ‘generally’. (2) Section 152— insert — • ‘section 336(2)(a) and (c). 4 ’. 32 Omission of s 154 (Continuation of port authorities) Section 154— omit. 33 Amendment of s 181B (Deﬁnition for pt 2) Section 181B, ‘ Organization ’— omit, insert— ‘ Organisation ’. 4 Land Act 1994 , section 336 (Amending a sublease)

s 34 37 s 34 Transport Legislation Amendment Act 2001 No. 79, 2001 34 Insertion of new ch 8AA After section 187A— insert— ‘CHAPTER 8AA—TRANSPORTING DANGEROUS GOODS BY RAIL ‘PART 1—INTRODUCTORY ‘187AA Purposes of ch 8AA ‘The purposes of this chapter are— (a) to reduce risk arising from transporting dangerous goods by rail; and (b) to help create a substantially uniform national rail transport law about dangerous goods; and (c) to promote consistency between the regulation of the transport of dangerous goods by rail and by other modes of transport. ‘187AB Application of ch 8AA ‘ (1) This chapter— (a) applies only to the transportation of dangerous goods by rail; and (b) applies in addition to, and does not limit, any other provision of this Act or any other Act. ‘ (2) However, this chapter does not apply to any of the following— (a) the transportation of radioactive substances under the RadiationSafety Act 1999 ; (b) the transportation of explosives under the Explosives Act 1999 ; (c) the transfer, under the Gas Act 1965 , of gas within the meaning of that Act from a rail tank vehicle or bulk container; (d) dangerous goods in a container that is— (i) designed to form part of, and forms part of, the fuel system of—

s 34 38 s 34 Transport Legislation Amendment Act 2001 No. 79, 2001 (A) a rail vehicle’s engine; or (B) another part of a rail vehicle’s propulsion equipment; or (C) an engine that is part of a rail vehicle’s refrigeration system; or (D) another auxiliary engine of a rail vehicle; or (ii) designed as a fuel storage container for a fuel burning appliance, or an engine, that is— (A) built into a rail vehicle; or (B) designed to be attached to a rail vehicle; or (C) part of a refrigeration system attached to a freight container; or (D) prescribed under a regulation; (e) a battery installed in a rail vehicle or on its load for the purpose of operating a function of the vehicle or of equipment relating to the load; (f) a ﬁre extinguisher ﬁtted to or carried in a rail vehicle to be used for the protection of the vehicle or its load; (g) equipment installed in a rail vehicle to provide a safety or protective system for an occupant of the vehicle; (h) compressed air, compressed oxygen or oxygen releasing chemicals that are part of self contained breathing or rebreathing apparatus for use by a rail vehicle’s driver.’. ‘187AC Ch 8AA binds all persons ‘ (1) This chapter binds all persons, including every Queensland government entity, and, so far as the legislative power of the Parliament permits, every government entity of the Commonwealth or of another State. ‘ (2) In this section— “government entity” includes— (a) the State, the Commonwealth or another State; and

s 34 39 s 34 Transport Legislation Amendment Act 2001 No. 79, 2001 (b) an instrumentality, agent, authority, company, GOC or entity of the State, the Commonwealth or another State. ‘PART 2—REGULATIONS ‘187AD Regulations about dangerous goods ‘ (1) A regulation may prescribe matters about the transportation of dangerous goods by rail, including for example, the following matters— (a) types and categories of dangerous goods; (b) ways of deciding types and categories of dangerous goods; (c) deciding which goods are— (i) dangerous; or (ii) dangerous goods of a particular type; or (iii) too dangerous to be transported by rail; or (iv) too dangerous to be transported in bulk by rail; (d) the analysis and testing of dangerous goods; (e) the marking of packages, and unit loads, containing dangerous goods; (f) the placarding of containers and rail vehicles containing dangerous goods; (g) containers, packaging equipment and other items to be used for transporting dangerous goods; (h) the manufacture of rail vehicles and containers for use in transporting dangerous goods; (i) the loading of dangerous goods for, and the unloading of dangerous goods after, their transportation; (j) deciding routes along which, the areas in which and the times during which, dangerous goods may or may not be transported; (k) procedures for transporting dangerous goods, including— (i) the quantities and circumstances in which dangerous goods may be transported; and

s 34 40 s 34 Transport Legislation Amendment Act 2001 No. 79, 2001 (ii) safety procedures and equipment; (l) the approval of packages, containers, equipment and other items used for transporting dangerous goods; (m) the approval of processes to be carried out when transporting dangerous goods; (n) other approvals; (o) documents to be prepared or kept by persons involved in transporting dangerous goods and the approval of alternative documentation; (p) obligations arising, and procedures to be followed, in a dangerous situation; (q) the training and qualiﬁcations required of persons involved in, and the approval of training courses and qualiﬁcations relating to involvement in, transporting dangerous goods. ‘ (2) Without limiting subsection (1), a regulation may provide— (a) for the granting or renewing of, or refusing to grant or renew, an approval or exemption; or (b) grounds for amending, suspending or cancelling an approval or exemption. ‘ (3) A regulation may allow the chief executive to make provision about a matter mentioned in subsection (1)(j). ‘ (4) A decision about a matter mentioned in subsection (1)(c), other than an approval, may only be made by regulation. ‘PART 3—APPROVALS AND EXEMPTIONS ‘Division 1—Exemptions ‘187AE Exemptions ‘ (1) A person, or a representative of a class of person, may apply to the chief executive for an exemption from complying with a provision of a regulation about transporting dangerous goods by rail.

s 34 41 s 34 Transport Legislation Amendment Act 2001 No. 79, 2001 ‘ (2) The chief executive may, on an application under subsection (1) or on the chief executive’s own initiative, exempt a person or a class of person from complying with the provision if satisﬁed— (a) it is not reasonably practicable for the person or class of person to comply with the provision; and (b) granting the exemption— (i) would not be likely to create a risk of a dangerous situation, greater than would be the case if the person or class of person did comply; and (ii) would not cause unnecessary administrative or enforcement difﬁculties, particularly about maintaining national substantially uniform rail transport laws about dangerous goods. ‘ (3) If an exemption is given on conditions, the exemption operates only if the conditions are complied with. ‘ (4) The chief executive must, as soon as is practicable after giving a class exemption, give notice of the exemption in the gazette. ‘ (5) The notice must state the following— (a) the class of person to whom the exemption applies; (b) the provision of the regulation from which the class is exempt; (c) the dangerous goods to which the exemption applies; (d) the time for which the exemption applies; (e) the conditions, if any, to which the exemption is subject; (f) the geographical area in which the exemption applies. ‘ (6) The Statutory Instruments Act 1992 , sections 24 and 25 apply to an exemption as if it were a statutory instrument. ‘ (7) A regulation may regulate the giving of an exemption under this section.

s 34 42 s 34 Transport Legislation Amendment Act 2001 No. 79, 2001 ‘Division 2—Amending, suspending or cancelling approval or exemption ‘187AF Grounds for amending, suspending or cancelling approval or exemption ‘ (1) It is a ground for amending, suspending or cancelling an approval or exemption if the approval or exemption was— (a) granted because of a document or representation that is false or misleading; or (b) obtained or made in another improper way. ‘ (2) It is a ground for amending, suspending or cancelling an approval or exemption if the person, or 1 or more of the persons, to whom the approval or exemption applies— (a) has contravened a condition of the approval or exemption; or (b) has been convicted of an offence against this chapter or a law of another State or the Commonwealth about transporting dangerous goods by rail. ‘187AG What chief executive must do before taking proposed action, other than for class exemption ‘ (1) This section applies if the chief executive proposes to amend, suspend or cancel an approval or exemption, other than a class exemption (the “proposed action” ). ‘ (2) Before taking the proposed action, the chief executive must give the holder of the approval or exemption written notice stating— (a) the proposed action; and (b) the grounds for the proposed action; and (c) an outline of the facts and circumstances forming the basis for the grounds; and (d) if the proposed action is to amend the approval or exemption, including a condition of the approval or exemption—the proposed amendment; and (e) if the proposed action is to suspend the approval or exemption—the proposed suspension period; and

s 34 43 s 34 Transport Legislation Amendment Act 2001 No. 79, 2001 (f) an invitation to the holder of the approval or exemption to show in writing, within a stated time of at least 28 days, why the proposed action should not be taken. ‘187AH What chief executive must do before taking proposed action for class exemption ‘ (1) This section applies if the chief executive proposes to amend, suspend or cancel a class exemption (the “proposed action” ). ‘ (2) Before taking the proposed action, the chief executive must give written notice to the class representative for the exemption and in the gazette stating— (a) the proposed action; and (b) the grounds for the proposed action; and (c) an outline of the facts and circumstances forming the basis for the grounds; and (d) if the proposed action is to amend the exemption, including a condition of the exemption—the proposed amendment; and (e) if the proposed action is to suspend the exemption—the proposed suspension period; and (f) an invitation to any member of the class for the exemption to show in writing, within a stated time of at least 28 days, why the proposed action should not be taken. ‘187AI Decision on proposed action ‘ (1) If, after considering any written representations made within the time allowed under section 187AG or 187AH, the chief executive still considers the proposed action should be taken, the chief executive may— (a) if the proposed action was to amend the approval or exemption—amend the approval or exemption; or (b) if the proposed action was to suspend the approval or exemption—suspend the approval or exemption for no longer than the period stated in the notice under section 187AG or 187AH; or

s 34 44 s 34 Transport Legislation Amendment Act 2001 No. 79, 2001 (c) if the proposed action was to cancel the approval or exemption—amend or cancel the approval or exemption, or suspend the approval or exemption for a period. ‘ (2) The chief executive must give written notice of the chief executive’s decision to— (a) for an approval or exemption, other than a class exemption—the holder; or (b) for a class exemption—the class representative for the exemption. ‘ (3) If the chief executive decides to amend, suspend or cancel the approval or exemption, the notice must state the reasons for the decision and be accompanied by an information notice. ‘ (4) The decision takes effect on the day notice is given under subsection (2) or a later day stated in the notice. ‘187AJ Sections 187AG–187AI do not apply to beneﬁcial or clerical amendment ‘ (1) Sections 187AG to 187AI do not apply— (a) if the chief executive proposes to amend an approval or exemption only— (i) for a formal or clerical reason; or (ii) in another way that does not adversely affect the interests of any person; or (b) if the chief executive proposes to amend an approval or exemption in another way or cancel it and the holder has asked the chief executive to take the proposed action. ‘ (2) The chief executive may amend an approval or exemption in a way mentioned in subsection (1) by written notice to— (a) for an approval or exemption, other than a class exemption—the holder; or (b) for a class exemption—the class representative for the exemption.

s 34 45 s 34 Transport Legislation Amendment Act 2001 No. 79, 2001 ‘187AK Immediate suspension in the public interest ‘ (1) Despite sections 187AG and 187AH, this section applies if the chief executive considers it is necessary in the interest of public safety to immediately suspend an approval or exemption. ‘ (2) The chief executive may, by written notice to the holder of the approval or exemption, other than a class exemption, immediately suspend the approval or exemption until the earlier of the following— (a) a notice is given to the holder under section 187AI(2); or (b) the end of 56 days after the notice is given to the holder. ‘ (3) The chief executive may, by written notice to the class representative for a class exemption, immediately suspend the exemption until the earlier of the following— (a) a notice is given for the exemption under section 187AI(2); or (b) the end of 56 days after the notice is given to the holder. ‘ (4) If the chief executive suspends a class exemption, the chief executive must give notice of the suspension in the gazette. ‘ (5) A notice under subsection (2) or (3) must state the reasons for the decision and be accompanied by an information notice. ‘PART 4—OFFENCES ‘187AL Goods too dangerous to be transported ‘A person must not transport by rail goods prescribed under a regulation as being too dangerous to transport by rail if the person knows, or reasonably ought to know, the goods are too dangerous to be transported by rail. Maximum penalty—665 penalty units. ‘187AM Duties when transporting dangerous goods ‘ (1) A person involved in transporting dangerous goods by rail must ensure, as far as is practicable, that the goods are transported safely. Maximum penalty—665 penalty units.

s 34 46 s 34 Transport Legislation Amendment Act 2001 No. 79, 2001 ‘ (2) A person involved in transporting dangerous goods by rail must not contravene this chapter in circumstances in which the person knew, or ought reasonably to have known, that the contravention would be likely to endanger the safety of another person or of property or the environment. Maximum penalty—665 penalty units. ‘ (3) This section applies in addition to, and does not limit, any other provision of this chapter. ‘187AN Prohibition on involvement in the transportation of dangerous goods by rail ‘ (1) A court convicting a person of an offence against this chapter may order that the person be prohibited, for a stated period, from involvement in the transportation of dangerous goods by rail after having regard to the following matters— (a) the person’s record in the transportation of dangerous goods by rail in Australia; (b) the person’s convictions under Queensland law, or a law of another State or the Commonwealth relating to dangerous goods; (c) the circumstances surrounding the commission of the offence; (d) any other matters the court considers appropriate. ‘ (2) A person must not contravene an order made under subsection (1). Maximum penalty—665 penalty units or 2 years imprisonment. ‘ (3) Subsection (1) does not limit any other penalty the court may impose for the offence. ‘ (4) In this section— “involvement” in the transportation of dangerous goods by rail includes the following— (a) importing, or arranging for the importation of, dangerous goods into Australia; (b) packing or labelling dangerous goods for transportation by rail; (c) consigning dangerous goods for transportation by rail; (d) loading dangerous goods onto a rail vehicle or into a container that is to be put on a rail vehicle;

s 34 47 s 34 Transport Legislation Amendment Act 2001 No. 79, 2001 (e) unloading dangerous goods that have been transported by rail; (f) undertaking or being responsible for the transportation of dangerous goods by rail, other than as an employee or sub-contractor; (g) being a consignee of dangerous goods transported by rail; (h) being involved as a director, secretary or manager of a corporation or other person who takes part in the management of a corporation that takes part in an activity mentioned in paragraphs (a) to (g). ‘PART 5—RECOVERY OF COSTS AND FORFEITURE ‘187AO Forfeiture on conviction ‘ (1) A court convicting a person of an offence against this chapter may order the forfeiture to the State of— (a) anything used to commit the offence; or (b) anything else the subject of the offence. ‘ (2) The court may make the order— (a) whether or not the thing has been seized; and (b) if the thing has been seized, whether or not the thing has been returned to its owner. ‘ (3) The court may make any order to enforce the forfeiture that it considers appropriate. ‘ (4) This section does not limit the court’s powers under the Penaltiesand Sentences Act 1992 or another law. ‘187AP Dealing with forfeited things etc. ‘ (1) On the forfeiture of a thing to the State, the thing becomes the State’s property and may be dealt with by the chief executive as the chief executive considers appropriate. ‘ (2) Without limiting subsection (1), the chief executive may destroy or dispose of the thing.

s 34 48 s 34 Transport Legislation Amendment Act 2001 No. 79, 2001 ‘ (3) The chief executive must not deal with the thing until any review of, or appeal against, the decision to forfeit the thing is decided. ‘187AQ Recovery of costs from convicted person ‘ (1) A court convicting a person of an offence against this chapter may order the person to pay to the State the costs reasonably incurred by the State in prosecuting the offence, including the cost of testing, transporting, storing and disposing of dangerous goods and other evidence. ‘ (2) An amount ordered to be paid under subsection (1) is a debt owing to the State. ‘ (3) A court may make an order under subsection (1) in addition to any other order the court may make. ‘187AR Recovery of costs of government action ‘ (1) This section applies if any of the following events happen in relation to the transportation of dangerous goods by rail— (a) a dangerous situation; (b) an incident wholly or partly constituted by or arising from— (i) the escape of dangerous goods; or (ii) an explosion or ﬁre involving dangerous goods; or (c) an incident involving the risk of the escape of dangerous goods or an explosion or ﬁre involving dangerous goods. ‘ (2) If a government entity incurs costs because of the event, the entity may recover the costs reasonably incurred in dealing with the event as a debt owing to the entity. ‘ (3) The costs are recoverable as a joint and several liability from the following persons— (a) the person who owned the dangerous goods when the event happened; (b) the person who had possession or control of the dangerous goods when the event happened; (c) the person who caused the event;

s 34 49 s 34 Transport Legislation Amendment Act 2001 No. 79, 2001 (d) the person responsible (other than as an employee, agent or subcontractor of someone else) for the transportation of the dangerous goods by rail. ‘ (4) However, costs are not recoverable from a person— (a) who does not incur civil liability because of section 187AT; or (b) who establishes that— (i) the event was primarily caused by someone else; or (ii) the person could not, exercising reasonable care, have prevented the event; or (iii) the event was not attributable to the person or to an employee, agent or subcontractor of the person. ‘ (5) This section does not limit the powers a government entity has apart from this chapter. ‘PART 6—MISCELLANEOUS ‘187AS Certiﬁcates and documents ‘ (1) A certiﬁcate purporting to be signed by the chief executive and stating that a stated person held or did not hold a stated approval or exemption under this chapter on a stated day or throughout a stated period is evidence of the matters stated. ‘ (2) A court may admit into evidence a copy of a document made by an authorised person under this chapter. ‘187AT Helping in accidents or emergencies ‘ (1) This section applies if a person, other than an ofﬁcial— (a) helps, or attempts to help, in a situation in which an accident or emergency involving dangerous goods happens or is likely to happen; and (b) the help, or attempt to help, is given— (i) honestly and without negligence; and

s 35 50 s 36 Transport Legislation Amendment Act 2001 No. 79, 2001 (ii) without any fee, charge or other reward. ‘ (2) The person does not incur civil liability for helping or attempting to help. ‘ (3) If subsection (2) prevents civil liability attaching to a person, the liability attaches instead to the State. ‘ (4) This section does not apply to a person whose act or omission wholly or partly caused the accident, emergency or likely accident or emergency. ‘ (5) In this section— “ofﬁcial” means a person who is, or is acting under the control of, an authorised person under the TransportOperations(PassengerTransport) Act 1994 .’. 35 Amendment of s 187Q (Notice of draft waterway transport management plan) Section 187Q— insert— ‘ (5) This section does not apply if the draft deals only with— (a) a minor error; or (b) an amendment of a fee or levy consistent with announced government policy. ‘ (6) In this section— “minor error” includes— (a) a typographical error; and (b) a grammatical error; and (c) an error of punctuation; and (d) an error in cross-referencing to a provision of a law.’. 36 Amendment of s 191 (Disposal of fees, penalties etc.) (1) Section 191(2), ‘ Justices Act 1886 , part 4A’— omit, insert— ‘ State Penalties Enforcement Act 1999 ’.

s 37 51 s 37 Transport Legislation Amendment Act 2001 No. 79, 2001 (2) Section 191(5)— omit, insert— ‘ (5) A declared amount received or recovered by the chief executive is to be retained by the chief executive and not paid into the consolidated fund.’. (3) Section 191— insert— ‘ (8) In this section— “declared amount” means any of the following— (a) a fee or charge under section 59A(2); (b) a fee under section 187B(3); (c) a levy under schedule 1, item 20.’. 37 Insertion of new ss 199A–199C Chapter 9— insert— ‘199A Altering watercourse to adversely affect transport route ‘ (1) A person must not, without lawful excuse, alter a watercourse in a way that adversely affects a transport route. Maximum penalty—40 penalty units. ‘ (2) If the chief executive considers that water from a watercourse has collected or is likely to collect, and obstruct or be likely to obstruct, trafﬁc on a transport route, the chief executive may— (a) under section 33, 95 or 180D, 5 enter the land on which the watercourse is situated; and (b) take the action that the chief executive considers necessary or desirable to reduce or prevent the collection of water. ‘( 3) Before exercising the powers under subsection (2), the chief executive may, by written notice, require the owner of the land on which the watercourse is situated to take the action that the chief executive 5 Section 33 (Temporary occupation and use of land), 95 (Entry to land by notice or with approval) or 180D (Authority to enter or temporarily occupy or use land)

s 82 83 s 82 Transport Legislation Amendment Act 2001 No. 79, 2001 ‘ (2) The authorised person may require the person to give the information or produce the document. ‘ (3) The person must give the information or produce the document, unless the person has a reasonable excuse. Maximum penalty— (a) if the contravention results in the death of, or grievous bodily harm to, a person—270 penalty units; or (b) otherwise—135 penalty units. ‘ (4) The fact that giving the information or providing the document might tend to incriminate the person is not a reasonable excuse for subsection (3). ‘ (5) However, evidence of, or directly or indirectly derived from, the information or the production of the document that might tend to incriminate the person is not admissible in evidence against the person in a proceeding, other than a proceeding for— (a) an offence against section 130 or 131; 8 or (b) another offence about the falsity of the information or document. ‘126N Power to give directions to deal with dangerous situation ‘ (1) This section applies if an authorised person reasonably believes a person involved in the transportation of dangerous goods is in a position to take steps to deal with a dangerous situation involving the goods. ‘ (2) The authorised person may give the person a written notice (a “dangerous situation notice” ) requiring the person to take reasonable steps to deal with the dangerous situation. ‘ (3) The notice must state the following— (a) what it is that the authorised person believes is causing the dangerous situation; (b) the grounds for the belief; (c) the reasonable steps the person must take to deal with the dangerous situation; 8 S ection 130 (False or misleading information) or 131 (False, misleading or incomplete documents)

s 82 84 s 82 Transport Legislation Amendment Act 2001 No. 79, 2001 (d) that the person must take the steps within a stated reasonable time; (e) if the notice is attached to a rail vehicle—a warning that it is an offence for a person to remove the notice from the vehicle until the notice is complied with, but that the person to whom the notice is given may remove the notice to immediately read it and reattach it to the vehicle. ‘ (4) If the notice relates to a rail vehicle, the notice may be given by securely attaching it to the vehicle in a conspicuous place. ‘ (5) The person must comply with the notice, unless the person has a reasonable excuse. Maximum penalty— (a) if the contravention results in the death of, or grievous bodily harm to, a person—270 penalty units; or (b) otherwise—135 penalty units. ‘ (6) A person must not remove a dangerous situation notice from a rail vehicle before the notice is complied with. Maximum penalty—135 penalty units. ‘ (7) However, the person to whom the notice is given does not contravene subsection (6) if the person removes the notice from the vehicle and immediately reads it and reattaches it to the vehicle. ‘126O Power to take direct action to deal with dangerous situation ‘ (1) This section applies if an authorised person reasonably believes— (a) a person given a remedial action notice or dangerous situation notice has not complied with the notice; or (b) having regard to the nature of the dangerous situation, action under a remedial action notice or dangerous situation notice is inappropriate to deal with the dangerous situation. ‘ (2) The authorised person may take the action the authorised person reasonably believes is necessary to deal with the dangerous situation. ‘ (3) The action the authorised person may take includes asking someone the authorised person reasonably believes has appropriate knowledge and experience to help the authorised person deal with the dangerous situation.

s 83 85 s 84 Transport Legislation Amendment Act 2001 No. 79, 2001 ‘ (4) If the person agrees to help, the person is taken to have the powers of an authorised person to the extent reasonably necessary for the person to help deal with the dangerous situation. ‘ (5) A rail vehicle can not be stopped or held under this section.’. 83 Amendment of s 127 (Power to require name and address) Section 127(1)(a), after ‘Act’— insert— ‘or the Transport Infrastructure Act 1994 , chapter 8AA 9 ’. 84 Amendment of s 129 (Power to require production of certain documents) Section 129(2) to (4)— omit, insert— ‘ (2) An authorised person may require a person to produce for inspection a document issued, or required to be kept, under the TransportInfrastructureAct1994 , chapter 8AA 10 or a law of another State or the Commonwealth about transporting dangerous goods by rail. ‘ (3) The person must comply with the requirement under subsection (1) or (2), unless the person has a reasonable excuse. Maximum penalty—60 penalty units. ‘ (4) The authorised person may keep the document to copy it. ‘ (5) If the authorised person copies it, the authorised person may ask the person responsible for keeping the document to certify the copy as a true copy of the document. ‘ (6) The authorised person must return the document to the person as soon as practicable after copying it.’. 9 Transport Infrastructure Act 1994 , chapter 8AA (Transporting dangerous goods by rail) 10 Transport Infrastructure Act 1994 , chapter 8AA (Transporting dangerous goods by rail)

s 85 86 s 87 Transport Legislation Amendment Act 2001 No. 79, 2001 85 Amendment of s 137 (Power to require name and address etc.) (1) Section 137(1)(a)— omit, insert— ‘(a) ﬁnds the person committing an offence (a “relevant offence” ) against railway legislation; or’. (2) Section 137(2), from ‘this Act’ to ‘chapter 6’— omit, insert— ‘railway legislation’. (3) Section 137— insert— ‘ (7) In this section— “railway legislation” means— (a) a provision of this Act relating to a railway; or (b) the Transport Infrastructure Act 1994 , chapter 6; or (c) a regulation in relation to a railway made under the TransportInfrastructureAct1994 other than under chapter 8AA of that Act.’. 86 Amendment of s 143AE (Vehicle and equipment not to be interfered with) Section 143AE(2), deﬁnition “interfere with” , after ‘improperly interfere’— insert— ‘with’. 87 Insertion of new s 153A After section 153— insert— ‘153A Evidentiary aids—belief of authorised person ‘ (1) If, in a prosecution for a contravention of chapter 11 11 or the Transport Infrastructure Act 1994 , chapter 8AA 12 —

s 87 87 s 87 Transport Legislation Amendment Act 2001 No. 79, 2001 (a) an authorised person gives evidence that the authorised person believed any of the following matters— (i) that dangerous goods, stated in shipping documents carried in a rail vehicle, were being carried in the vehicle; (ii) that particular goods were dangerous goods or dangerous goods of a particular type; (iii) that goods were the particular dangerous goods as indicated by markings on the goods; (iv) that a container contained the particular dangerous goods as indicated by markings on the container; (v) that a rail vehicle was being used to transport the particular dangerous goods as indicated by markings on the vehicle; (vi) that goods, a container or its contents had the particular attribute that was indicated by the markings on the goods, container or contents; (vii) that a rail vehicle was loaded with, or a container contained, the quantity of dangerous goods as indicated by markings on the vehicle or container; and (b) the court considers the belief to be reasonable given the authorised person’s experience or qualiﬁcations; and (c) there is no evidence to the contrary; the court must accept the matter as proved. ‘ (2) In this section— “attribute” means— (a) capacity; or (b) character; or (c) date of manufacture; or (d) origin; or (e) ownership; or 11 Chapter 11 (Enforcement) 12 Transport Infrastructure Act 1994 , chapter 8AA (Transporting dangerous goods by rail)

s 88 88 s 89 Transport Legislation Amendment Act 2001 No. 79, 2001 (f) speciﬁcation; or (g) tare. “markings” include labels and placards. “on” includes attached to.’. 88 Amendment of sch 2 (Reviewable decisions) (1) Schedule 2— insert— ‘ 126D Forfeiture of seized things (2) Schedule 2, ‘a District Court’— omit, insert— ‘the District Court’. Magistrates’. 89 Amendment of sch 3 (Dictionary) (1) Schedule 3, deﬁnition “railway” — omit. (2) Schedule 3— insert— ‘ “dangerous goods” means goods prescribed under the TransportInfrastructure Act 1994 , chapter 8AA, 13 to be dangerous goods. “dangerous situation” see section 126L. “dangerous situation notice” see section 126N. “in” a rail vehicle includes on the vehicle. “information notice” , for a decision of the chief executive, means a notice stating that a person affected by the decision may— (a) under section 102 14 —ask for the decision to be reviewed and appeal against the reviewed decision; and 13 Transport Infrastructure Act 1994 , chapter 8AA (Transporting dangerous goods by rail) 14 Section 102 (Review of and appeals against decisions)

s 89 89 s 89 Transport Legislation Amendment Act 2001 No. 79, 2001 (b) under the TransportPlanningandCoordinationAct1994 , part 5 15 —ask for the decision or the reviewed decision to be stayed. “rail” , for chapter 11 in relation to the transportation of dangerous goods by rail, includes cableway. “rail vehicle” , for chapter 11 in relation to the transportation of dangerous goods by rail, includes a cableway car. “railway” , for chapter 11— (a) includes a carpark or bus station under a railway manager’s control; and (b) in relation to the transportation of dangerous goods by rail, includes a cableway. “remedial action notice” see section 126K. “tare” means the weight of a vehicle equipped for travelling on a railway, but not including any load. “transport” dangerous goods includes— (a) pack, load and unload the goods, and transfer them to or from a rail vehicle, for their transport; and (b) mark packages, and unit loads, containing dangerous goods; and (c) placard containers and rail vehicles in which dangerous goods are transported.’. (3) Schedule 3, deﬁnition “holder” , paragraph (b), ‘section 48(a)’— omit, insert — ‘section 48(1)(a) or (b)’. (4) Schedule 3, deﬁnition “operator” , after ‘taxi service’— insert — ‘and the lessor of a limousine service licence or taxi service licence’. 15 TransportPlanningandCoordination Act1994 , part 5 (Review of and appeals against decisions)

s 90 90 s 91 Transport Legislation Amendment Act 2001 No. 79, 2001 PART 11—AMENDMENT OF TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 90 Act amended in pt 11 This part amends the TransportOperations(RoadUseManagement)Act 1995. 91 Amendment of s 17B (Granting, renewing or refusing approval) (1) Section 17B(2), after ‘under a regulation’— insert— ‘, other than a permit under section 111, 16 ’. (2) Section 17B(3)— renumber as section 17B(5). (3) Section 17B— insert— ‘ (3) If a regulation made under subsection (1) authorises the chief executive to grant or renew an approval, the chief executive may ask the commissioner for a written report about the criminal history of the applicant for, or holder of, the approval. ‘ (4) If requested, the commissioner must give the chief executive a written report about the criminal history of the applicant or holder— (a) that is in the commissioner’s possession; or (b) to which the commissioner ordinarily has access through arrangements with the police service of the Commonwealth or another State.’. (4) Section 17B(5), as renumbered— insert — ‘ “criminal history” of a person— (a) means the person’s criminal history as deﬁned under the Criminal Law (Rehabilitation of Offenders) Act 1986 , other than 16 Section 111 (Parking permits for people with disabilities)

s 92 91 s 94 Transport Legislation Amendment Act 2001 No. 79, 2001 a conviction for which the rehabilitation period has expired but the conviction has not been revived as prescribed by section 11 of that Act; and (b) despite the Criminal Law (Rehabilitation of Offenders) Act 1986 , includes a charge made against the person for an offence, whether made in Queensland or elsewhere, other than a charge the proceedings for which have ended without the person being convicted.’. 92 Amendment of s 18 (Grounds for amending, suspending or cancelling approvals) Section 18— insert— ‘(f) for a permit under section 111(1)(a) 17 —the holder’s ability to walk is no longer impaired.’. 93 Amendment of s 32 (Power to stop heavy vehicles) (1) Section 32(3)— renumber as section 32(4). (2) Section 32— insert— ‘ (3) Without limiting subsection (2), the requirement may require the person to move the vehicle in preparation for stopping it. Examples — 1. A requirement to change lanes. 2. A requirement to exit a motorway at a particular exit. 3. A requirement to enter a heavy vehicle inspection site. ’. 94 Amendment of s 60 (Evidentiary aids) (1) Section 60(1)— omit, insert— 17 Section 111 (Parking permits for people with disabilities)

s 95 92 s 96 Transport Legislation Amendment Act 2001 No. 79, 2001 ‘ (1) In this section— “certiﬁcate” means a certiﬁcate purporting to be signed by— (a) for a certiﬁcate containing information under a corresponding law to a transport Act—the chief executive administering the corresponding law; or (b) otherwise—the chief executive or commissioner.’. (2) Section 60(2)(d)— omit, insert — ‘(d) that speciﬁed information was or was not in— (i) the register of vehicles; or (ii) a register of vehicles established under a corresponding law to a transport Act;’. (3) Section 60(2)— insert— ‘(p) a speciﬁed document is the manufacturer’s speciﬁcation for a speciﬁed type of vehicle.’. 95 Insertion of new s 72A After section 72— insert— ‘72A Way to install ofﬁcial trafﬁc sign ‘An ofﬁcial trafﬁc sign must be installed in a way speciﬁed by the MUTCD.’. 96 Replacement of s 78 (Driving of motor vehicle without a driver licence prohibited) Section 78— omit, insert— ‘78 Driving of motor vehicle without a driver licence prohibited ‘ (1) A person must not drive a motor vehicle on a road unless the person holds a driver licence authorising the person to drive the vehicle on the road.

s 96 93 s 96 Transport Legislation Amendment Act 2001 No. 79, 2001 Maximum penalty— (a) if the person committed the offence while the person was disqualiﬁed, under a court order, from holding or obtaining a driver licence—60 penalty units or 18 months imprisonment; or (b) otherwise—40 penalty units or 1 year’s imprisonment. ‘ (2) If the person committed the offence while the person was disqualiﬁed from holding or obtaining a driver licence, the court, in deciding what penalty to impose on the person, must consider— (a) all the circumstances of the case, including circumstances of aggravation or mitigation; and (b) the public interest; and (c) the person’s criminal history and trafﬁc history; and (d) any information before it relating to the person’s medical history, or the person’s mental or physical capacity, that the court considers relevant; and (e) whether the offence was committed in association with the commission or attempted commission of another offence and, if so, the nature of the other offence; and (f) any other matters that the court considers relevant. ‘ (3) A person convicted of an offence under subsection (1) is, in addition to the penalty imposed, disqualiﬁed from holding or obtaining a Queensland driver licence— (a) if the person committed the offence while the person was disqualiﬁed, under a court order, from holding or obtaining a driver licence—absolutely; or (b) otherwise—for 6 months. ‘ (4) Subsection (3) applies whether or not a conviction is recorded for the offence. ‘ (5) A person must not allow another person to drive a motor vehicle on a road if the person knows the other person does not hold a driver licence authorising the other person to drive the vehicle on the road. Maximum penalty—20 penalty units or 6 months imprisonment.’.

s 97 94 s 98 Transport Legislation Amendment Act 2001 No. 79, 2001 97 Amendment of s 79 (Driving etc. whilst under inﬂuence of liquor or drugs or with prescribed concentration of alcohol in blood) Section 79(1A), (1B), (1E) and (2I), ‘penalty not exceeding 34 penalty units or to imprisonment for a term not exceeding 18 months’— omit, insert— ‘maximum penalty of 60 penalty units or 18 months imprisonment’. 98 Amendment of s 80 (Provisions with respect to breath tests and laboratory tests) (1) Section 80— insert— ‘ (15A) A copy of a certiﬁcate under subsection (15)— (a) is evidence that the instrument operated by the doctor or ofﬁcer was a breath analysing instrument; and (b) is evidence that the instrument was in proper working order and properly operated by the doctor or ofﬁcer; and (c) is evidence that all regulations relating to breath analysing instruments were complied with; and (d) is presumed to have been given to the person whose breath was analysed, unless the contrary is proved.’. (2) Section 80(15D) and (15E)— omit. (3) Section 80(22)(e), (22AA), (22A), (22C) and (22D), ‘Queensland’— omit. (4) Section 80— insert— ‘ (28) In this section— “suspend” , in relation to a driver licence issued outside Queensland, includes suspend the authority to drive on a Queensland road under the licence.’.

s 99 95 s 102 Transport Legislation Amendment Act 2001 No. 79, 2001 99 Amendment of s 87 (Issue of restricted licence to disqualiﬁed person) (1) Section 87(5)(da), ‘79(2A)’— omit, insert— ‘79(1), (2A)’. (2) Section 87(5)(g)— omit. 100 Amendment of s 100 (Removal of things from roads) (1) Section 100(1), after ‘on a road’— insert— ‘, other than a busway,’. (2) Section 100(12)(a), after ‘on a road’— insert— ‘, other than a busway’. 101 Amendment of s 102 (Parking regulation involves installing ofﬁcial trafﬁc signs) Section 102(3)(a)— omit, insert— ‘(a) the boundaries of the trafﬁc area have been deﬁned under a local law; and’. 102 Amendment of s 113 (Deﬁnitions for div 2) (1) Section 113, deﬁnition “owner” — omit. (2) Section 113— insert— ‘ “person in charge” of a vehicle, in relation to an alleged offence, means—

s 102 96 Transport Legislation Amendment Act 2001 s 102 No. 79, 2001 (a) if there was a responsible operator for the vehicle at the time the offence allegedly happened— (i) the responsible operator; or (ii) if the responsible operator gives a notice under section 114(3)(b)—the person named, in any notice under the section, as the person in charge of the vehicle at the time; or (b) if there was no responsible operator for the vehicle, and the vehicle was registered under a transport Act or a corresponding transport law, at the time the offence allegedly happened— (i) the registered operator of the vehicle at the time; or (ii) if the registered operator gives a notice under section 114(3)(b)—the person named, in any notice under the section, as the person in charge of the vehicle at the time; or (c) if there was no responsible operator for the vehicle, and the vehicle was not registered under a transport Act or a corresponding transport law, at the time the offence allegedly happened— (i) the person who, immediately before the registration expired, was the registered operator; or (ii) if the person who was the registered operator gives a notice under section 114(3)(b)—the person named, in any notice under the section, as the person in charge of the vehicle at the time.’. (3) Section 113, deﬁnition “photographic detection device” , after ‘a device’— insert— ‘that captures an image, including, for example, a digital device,’. (4) Section 113, deﬁnition “responsible operator” , ‘this Act’— omit, insert— ‘section 170 18 ’. 18 Section 170 (Nomination of responsible operator)

s 103 97 Transport Legislation Amendment Act 2001 s 103 No. 79, 2001 103 Amendment of s 114 (Offences detected by photographic detection device) (1) Section 114(1) and (2), ‘owner’— omit, insert— ‘person in charge’. (2) Section 114(3), from ‘for a person’ to ‘under subsection (1)’— omit, insert— ‘to a camera detected offence for a person’. (3) Section 114(3)(b)(i)— omit, insert— ‘(i) has notiﬁed the commissioner or chief executive of the name and address of the person in charge of the vehicle at the time the offence happened; or’. (4) Section 114(3)(b)(ii), ‘who drove’— omit, insert— ‘in charge of’. (5) Section 114(5)— omit, insert— ‘ (5) The defence under subsection (3) is not available unless notice under subsection (3)(b)(i) is given to the commissioner or chief executive by the person within 28 days of the ﬁrst given of— (a) written notice from the commissioner or chief executive to the person alleging a camera-detected offence; or (b) an infringement notice under the State Penalties Enforcement Act1999 .’. (6) Section 114(6)(a)(ii), ‘driver’— omit, insert— ‘person in charge’. (7) Section 114(6)(b), ‘who drove’— omit, insert— ‘in charge of’.

s 104 98 Transport Legislation Amendment Act 2001 s 107 No. 79, 2001 (8) Section 114(8), ‘driver’— omit, insert— ‘person in charge’. 104 Amendment of s 116 (Notice accompanying summons) Section 116(1)(a), ‘who drove’— omit, insert— ‘in charge of’. 105 Amendment of s 120 (Evidentiary provisions) Section 120(5)— omit. 106 Amendment of s 121 (Application of the State PenaltiesEnforcement Act 1999) (1) Section 121(3)(a) and (b)— omit, insert— ‘(a) a reference to “person in charge” or “user” is, if the context permits, taken to be a reference to the person in charge of the vehicle; and’. (2) Section 121(3)(c) and (d)— renumber as section 121(3)(b) and (c). 107 Amendment of s 124 (Facilitation of proof) Section 124(4)(a) and (b), after ‘radar’— insert— ‘or laser’.

99 Transport Legislation Amendment Act 2001 No. 79, 2001 108 Omission of s 129 (Effect of cancellation pursuant to regulations) Section 129— omit. 109 Amendment of s 130 (Delivery of cancelled or suspended licences, or licences for endorsement) (1) Section 130, heading, ‘ suspended ’— omit, insert— ‘ surrendered ’. (2) Section 130(1), ‘or suspended’— omit. (3) Section 130(1)(a) and (3), ‘, suspension,’— omit. (4) Section 130(4)— omit. 109A Amendment of s 132 (Appeals against licence cancellation under regulations) (1) Section 132, heading ‘ cancellation ’— omit, insert— ‘ suspension ’. (2) Section 132, ‘cancellation’— omit, insert— ‘suspension’. (3) Section 132— insert— ‘ (2) Despite subsection (1), the regulation may provide that the court may dismiss an appeal if, considering the appellant’s trafﬁc history, the court considers it would be inappropriate to allow the appeal.’.

s 110 100 Transport Legislation Amendment Act 2001 s 111 No. 79, 2001 110 Amendment of s 147 (Regulating vehicles etc. in public places) (1) Section 147(1)(c) to (e) and (2)— omit. (2) Section 147(3)— renumber as section 147(2). 111 Amendment of s 151 (Application of part) (1) Section 151(2)(b), ‘ 1952 ’— omit, insert— ‘ 1999 ’. (2) Section 151(2)— insert— ‘(e) dangerous goods in a container that is— (i) designed to form part of, and forms part of, the fuel system of— (A) a vehicle’s engine; or (B) another part of a vehicle’s propulsion equipment; or (C) an engine that is part of a vehicle’s refrigeration system; or (D) another auxiliary engine of a vehicle; or (ii) designed as a fuel storage container for a fuel burning appliance, or an engine, that is— (A) built into a vehicle; or (B) designed to be attached to a vehicle; or (C) part of a refrigeration system attached to a freight container; or (D) prescribed under a regulation; or (f) a battery installed in a vehicle or its load for the purpose of operating a function of the vehicle or of equipment relating to the load; or

s 112 101 Transport Legislation Amendment Act 2001 s 115 No. 79, 2001 (g) a ﬁre extinguisher ﬁtted to or carried in a vehicle to be used for the protection of the vehicle or its load; or (h) equipment, for example an airbag or seatbelt pretensioning device, installed in a vehicle to provide a safety or protective system for an occupant of the vehicle; or (i) compressed air, compressed oxygen or oxygen releasing chemicals that are part of self contained breathing or rebreathing apparatus for use by the vehicle’s driver.’. 112 Amendment of s 153 (Exemptions) Section 153(2), from ‘exempt’ to ‘if’— omit, insert— ‘, on an application under subsection (1) or on the chief executive’s own initiative, exempt a person from complying with a provision of a regulation about transporting dangerous goods by road if’. 113 Amendment of s 166 (Ofﬁcial trafﬁc sign approvals) (1) Section 166(1)— omit. (2) Section 166(2) to (4)— renumber as section 166(1) to (3). 114 Omission of sch 1 (Disqualifying offences—approvals) Schedule 1— omit. 115 Amendment of sch 4 (Dictionary) (1) Schedule 4, deﬁnitions “dangerous situation” , “MUTCD” and “ofﬁcial trafﬁc sign” — omit. (2) Schedule 4— insert—

s 115 102 Transport Legislation Amendment Act 2001 s 115 No. 79, 2001 ‘ “criminal history” — (a) for section 17B—see section 17B(5); and (b) for section 138—see section 138(8). “dangerous situation” means a situation involving the transportation of dangerous goods by road that is causing or is likely to cause imminent risk of— (a) death of, or signiﬁcant injury to, a person; or (b) signiﬁcant harm to the environment; or (c) signiﬁcant damage to property. “MUTCD” means the Manual of Uniform Trafﬁc Control Devices issued by the chief executive. “ofﬁcial trafﬁc sign” means a sign, marking, light or device placed or erected to regulate, warn or guide trafﬁc.’. (3) Schedule 4, deﬁnition “declared road” , after ‘means a’— insert— ‘busway or’. (4) Schedule 4, deﬁnition “disqualifying offence” , paragraph (a)— omit, insert— ‘(a) an offence against the Criminal Code; or’. (5) Schedule 4, deﬁnition “road” , paragraphs (a) and (b)— renumber as paragraphs (b) and (c). (6) Schedule 4, deﬁnition “road” — insert— ‘(a) includes a busway under the Transport Infrastructure Act 1994 ; and’. © State of Queensland 2001