Transport Legislation Amendment Act 2007 (Qld)

Queensland Transport Legislation Amendment Act 2007 Act No. 43 of 2007

Queensland Transport Legislation Amendment Act 2007 Contents Part 1 1 2 Part 2 3 4 Part 3 5 6 7 Part 4 8 9 10 11 12 13 14 15 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Amendment of Maritime and Other Legislation AmendmentAct 2006 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Amendment of s 144A (Insertion of new ss 90A—90D of TransportOperations(RoadUseManagement)Act1995) . . . . . 11 Amendment of TransportInfrastructureAct1994 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Amendment of s 84C (Effect on land of State toll road corridor land declaration) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Amendment of sch 5 (Tolling matters for toll road or local government tollway) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Amendment of TransportOperations(MarinePollution)Act1995 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Amendment of s 33 (Definitions for part) . . . . . . . . . . . . . . . . . . . 12 Insertion of new s 34A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 34A Recategorisation of substances . . . . . . . . . . . . . . . . . 13 Amendment of s 38 (Certain noxious liquid substances to be treated as oil) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Amendment of s 59 (Definitions for part) . . . . . . . . . . . . . . . . . . . 13 Amendment of s 66 (Reception facilities) . . . . . . . . . . . . . . . . . . . 13 Amendment of s 133 (Regulation-making power) . . . . . . . . . . . . 14 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 14

Part 5 16 17 18 19 20 21 22 23 24 25 26 27 28 29 2 Transport Legislation Amendment Act 2007 No. 43, 2007 Amendment of Transport Operations (Passenger Transport)Act 1994 Act amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 45 (Conditions of service contracts) . . . . . . . . . Amendment of s 47 (Amendment, suspension or cancellation of service contracts for breach of service contracts) . . . . . . . . . . . . Insertion of new s 67A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67A Peak demand management plans . . . . . . . . . . . . . . . Amendment of s 70 (Requirement for taxi service licences) . . . . Amendment of s 73 (Term of taxi service licences) . . . . . . . . . . . Amendment of s 74 (Conditions of taxi service licences). . . . . . . Amendment of s 74AA (Notice to be kept in taxi). . . . . . . . . . . . . Amendment of s 74AB (Prohibitions on using taxis) . . . . . . . . . . Amendment of s 75 (Amendment of taxi service licence conditions) ..................................... Insertion of new ch 7A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chapter 7A Peak demand taxi permits 80C Purpose of peak demand taxi permits . . . . . . . . . . . . 80D What are peak demand taxi permits. . . . . . . . . . . . . . 80E Issue of peak demand taxi permits. . . . . . . . . . . . . . . 80F Term of peak demand taxi permits . . . . . . . . . . . . . . . 80G Conditions of peak demand taxi permits . . . . . . . . . . 80H Notice to be kept in peak demand taxi . . . . . . . . . . . . 80I Prohibitions on using peak demand taxis. . . . . . . . . . 80J Amendment of peak demand taxi permit conditions . 80K Lease and surrender of peak demand taxi permits . . 80L Suspension and cancellation of peak demand taxi permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Replacement of s 86 (Term of limousine service licence) . . . . . . 86 Term of limousine service licence . . . . . . . . . . . . . . . Amendment of s 87 (Conditions of limousine service licences) . . Insertion of new ss 87B–87G . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87B Electronic record of prior booking—limousine services provided other than under special purpose limousine service licence . . . . . . . . . . . . . . . . . . . . . . 87C Operator to keep electronic record of prior booking made for s 87B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87D Driver to produce electronic record of prior booking made for s 87B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 15 15 15 15 16 17 17 18 18 19 19 19 19 19 20 20 21 21 22 22 22 22 23 23 24 25 25 26

30 31 32 Part 6 Division 1 33 Division 2 34 35 36 37 38 39 40 41 42 3 Transport Legislation Amendment Act 2007 No. 43, 2007 87E Record of prior booking—limousine service provided under special purpose limousine service licence . . . . 87F Operator to keep record of prior booking made for s 87E ................................. 87G Driver to produce record of prior booking made for s 87E ................................. Amendment of s 155 (Regulations) . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 2 (Reviewable decisions). . . . . . . . . . . . . . . . Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Transport Operations (Road UseManagement)Act1995 Preliminary Act amended in pt 6 and schedule . . . . . . . . . . . . . . . . . . . . . . . . Amendments relating to compliance and enforcement for heavy vehicles Amendment of s 24 (Identity cards) . . . . . . . . . . . . . . . . . . . . . . . Insertion of new ss 26A and 26B . . . . . . . . . . . . . . . . . . . . . . . . . 26A Further power to enter place of business in relation to heavy vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26B Further power to enter place in relation to heavy vehicle if incident involving death, injury or damage . Insertion of new ss 29A–29C . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29A Post-entry approval . . . . . . . . . . . . . . . . . . . . . . . . . . 29B Making of post-entry approval order. . . . . . . . . . . . . . 29C Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 30 (General powers after entering places) . . . . Insertion of new ss 30A and 30B . . . . . . . . . . . . . . . . . . . . . . . . . 30A Further powers after entering place under s 26A or 26B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30B Using equipment for exercising power . . . . . . . . . . . . Amendment of s 31 (Power to stop private vehicles) . . . . . . . . . . Amendment of s 33 (Power to require vehicles to be moved) . . . Insertion of new ss 33A–33C . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33A Requiring heavy vehicle to be moved if causing harm or obstruction etc. . . . . . . . . . . . . . . . . . . . . . . . 33B Moving unattended heavy vehicle on road . . . . . . . . . 33C Moving other stationary heavy vehicle if causing harm or obstruction etc. . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 34 (Power to inspect vehicles). . . . . . . . . . . . . . 27 28 29 30 30 30 33 33 33 33 35 36 36 37 37 37 39 39 41 42 43 45 45 47 48 49

4 Transport Legislation Amendment Act 2007 No. 43, 2007 43 Amendment of s 35 (Power to enter vehicles etc. other than for vehicle inspection) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 44 Insertion of new ss 35A–35C . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 35A Further powers to inspect and search heavy vehicles 50 35B Further powers to access stored information or to decide if anything found in a heavy vehicle may be seized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 35C Running or stopping heavy vehicle engine. . . . . . . . . 53 45 Amendment of s 38 (Power to prohibit persons driving). . . . . . . . 54 46 Amendment of s 39 (Powers to enable effective and safe exercise of other powers) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 47 Insertion of new ch 3, pt 3, div 2, sdivs 4 and 5 . . . . . . . . . . . . . . 57 Subdivision 4 Other provisions about stopping and moving vehicles etc. 39B Stopped or moved vehicle to remain at a place . . . . . 57 39C Interfering with prescribed heavy vehicle equipment or load . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 Subdivision 5 Further powers in relation to heavy vehicles concerning mass, dimension or loading requirements 39D Application of sdiv 5 . . . . . . . . . . . . . . . . . . . . . . . . . . 58 39E Powers for minor risk breach of mass, dimension or loading requirement . . . . . . . . . . . . . . . . . . . . . . . . . . 58 39F Powers for substantial risk breach of mass, dimension or loading requirement . . . . . . . . . . . . . . . 60 39G Powers for severe risk breach of mass, dimension or loading requirement . . . . . . . . . . . . . . . . . . . . . . . . . . 61 39H Operation of direction in relation to a combination . . . 63 48 Insertion of new s 40A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 40A Further powers to seize evidence in relation to heavy vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 49 Amendment of s 46 (Return of seized things) . . . . . . . . . . . . . . . 64 50 Insertion of new ch 3, pt 3, div 3B . . . . . . . . . . . . . . . . . . . . . . . . 65 Division 3B Embargo notice for evidence about heavy vehicle 46B Embargo notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 46C Noncompliance with embargo notice . . . . . . . . . . . . . 66 51 Insertion of new s 48A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 48A Further power to require personal details for exercising power in relation to heavy vehicle . . . . . . . 67 52 Amendment of s 49 (Power to require documents to be produced) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69

5 Transport Legislation Amendment Act 2007 No. 43, 2007 53 Amendment of s 50AA (Power to require information) . . . . . . . . . 69 54 Insertion of new s 50AB . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 50AB Power to require help to find and access documents or information about heavy vehicle. . . . . . . . . . . . . . . 70 55 Insertion of new ch 3, pts 4B and 4C . . . . . . . . . . . . . . . . . . . . . . 71 Part 4B Reciprocal powers of authorised officers 51F Reciprocal powers . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 Part 4C Chief executive’s powers for vehicles Division 1 Moving vehicles 51G Moving abandoned, or otherwise stationary, vehicle on prescribed road . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 Division 2 Recovering moving expenses 51H Definition for div 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 51I Recovering moving expenses . . . . . . . . . . . . . . . . . . 74 51J Notice to owner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 51K Releasing removed vehicle . . . . . . . . . . . . . . . . . . . . 75 51L Disposing of removed vehicle. . . . . . . . . . . . . . . . . . . 75 56 Amendment of s 52 (False or misleading statements) . . . . . . . . . 76 57 Amendment of s 53 (False or misleading documents) . . . . . . . . . 76 58 Insertion of new ss 53B–53D . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 53B False or misleading transport documentation for goods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 53C False or misleading information in container weight declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 53D False or misleading information given by responsible person to another responsible person . . . . . . . . . . . . 79 59 Amendment of s 54 (Obstructing authorised officers or accredited persons) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 60 Replacement of s 55 (Impersonating authorised officers or accredited persons) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 55 Pretending to be an authorised officer or accredited person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 61 Insertion of new ch 3, pt 5, div 1, sdiv 2 hdg and s 57AA. . . . . . . 81 Subdivision 2 Extended liability offences 57AA Application of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . 81 62 Amendment of s 57B (Further liability provisions for extended liability offences) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 63 Insertion of new ss 57C–57G . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 57C Liability for inducing breaches of mass, dimension or loading requirements—consignees . . . . . . . . . . . . . . 83

6 Transport Legislation Amendment Act 2007 No. 43, 2007 Subdivision 3 Reasonable steps 57D Reasonable steps defence . . . . . . . . . . . . . . . . . . . . . 84 57E Inclusion of reasonable diligence . . . . . . . . . . . . . . . . 86 57F Proof of compliance with industry code of practice . . 86 57G Reliance on container weight declaration. . . . . . . . . . 87 64 Amendment of s 58 (Proof of appointments unnecessary) . . . . . 88 65 Amendment of s 59 (Proof of signatures unnecessary) . . . . . . . . 88 66 Amendment of s 60 (Evidentiary aids) . . . . . . . . . . . . . . . . . . . . . 89 67 Insertion of new ss 61A–61C . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 61A Manufacturer’s statements . . . . . . . . . . . . . . . . . . . . . 91 61B Transport and journey documentation . . . . . . . . . . . . 91 61C Evidence not affected by nature of vehicle . . . . . . . . . 92 67A Insertion of new ss 61D–61G . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 61D Certificates of TCA . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 61E Intelligent access map . . . . . . . . . . . . . . . . . . . . . . . . 93 61F Approved intelligent transport system . . . . . . . . . . . . 94 61G Reports and statements made by approved intelligent transport system . . . . . . . . . . . . . . . . . . . . 95 68 Amendment of s 62 (Proceedings for offences) . . . . . . . . . . . . . . 96 69 Insertion of new ss 162A–162D . . . . . . . . . . . . . . . . . . . . . . . . . . 97 162A Severe risk breach of mass requirement . . . . . . . . . . 97 162B Severe risk breach of dimension requirement . . . . . . 97 162C Severe risk breach of loading requirement. . . . . . . . . 98 162D Offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 70 Amendment of s 163 (Forfeiture on conviction) . . . . . . . . . . . . . . 99 71 Insertion of new ch 5C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 Chapter 5C Mass, dimension or loading concession 163A Noncompliance with mass, dimension or loading concession . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 72 Insertion of new ss 163B and 163C . . . . . . . . . . . . . . . . . . . . . . . 101 163B Matters court must consider when imposing sanction for noncompliance . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 163C Court may treat noncompliance as a different risk category . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 73 Insertion of new s 164A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 164A Commercial benefits penalty order. . . . . . . . . . . . . . . 103 74 Insertion of new ss 168A–168D . . . . . . . . . . . . . . . . . . . . . . . . . . 104

75 76 77 Division 3 78 79 80 81 82 83 84 85 86 87 7 Transport Legislation Amendment Act 2007 No. 43, 2007 168A Effect of corresponding administrative action or corresponding order in relation to heavy vehicle . . . . 168B Giving evidence about heavy vehicle to external public authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168C Chief executive may give information to corresponding authority . . . . . . . . . . . . . . . . . . . . . . . 168D Contracting out in relation to heavy vehicles prohibited ............................. Insertion of new ch 7, pt 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 10 Transitional provisions for Transport Legislation Amendment Act 2007 210 Recovering moving expenses for vehicle on prescribed road . . . . . . . . . . . . . . . . . . . . . . . . . . . . 211 Recovering vehicle removed from prescribed road . . 212 Transitional provision for s 57B. . . . . . . . . . . . . . . . . . Amendment of sch 3 (Reviewable decisions). . . . . . . . . . . . . . . . Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Other amendments Amendment of s 62 (Proceedings for offences) . . . . . . . . . . . . . . Amendment of s 79B (Immediate suspension or disqualification) Amendment of s 118 (Photographic evidence—inspection and challenges) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 119 (Notice of dispute about traffic control device or sign) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 124 (Facilitation of proof). . . . . . . . . . . . . . . . . . Insertion of new s 124A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124A Additional ground of challenge not stated in written notice required under particular provisions . . . . . . . . Amendment of s 171 (Regulation-making power) . . . . . . . . . . . . Amendment of ch 7 hdg (Transitional provisions). . . . . . . . . . . . . Insertion of new ch 7, pt 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 11 Validating provisions 213 Validation provision for section 171(4) . . . . . . . . . . . . 214 Validation of particular codes of practice . . . . . . . . . . 215 Validation of amendments of particular codes of practice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 216 Validation of certain acts etc. . . . . . . . . . . . . . . . . . . . Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 105 106 106 107 107 107 108 108 108 109 125 126 126 126 126 127 127 127 128 128 128 128 129 129 129

Part 7 88 89 90 91 92 Schedule 8 Transport Legislation Amendment Act 2007 No. 43, 2007 Amendment of Transport Planning and Coordination Act1994 Act amended in pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 27 (Power of chief executive to lease, sell or otherwise dispose of land) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 28B (Busway land acquisition) . . . . . . . . . . . . . Insertion of new s 28BA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28BA Further provisions relating to land acquisitions for busways on or after 13 October 2000. . . . . . . . . . . . . Minor amendments of TransportOperations(RoadUseManagement)Act1995 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132 132 132 133 133 133 135

Queensland Transport Legislation Amendment Act 2007 Act No. 43 of 2007 An Act to amend particular transport legislation [Assented to 25 October 2007]

s 1 10 Transport Legislation Amendment Act 2007 The Parliament of Queensland enacts— s3 No. 43, 2007 Part 1 Preliminary 1 Short title This Act may be cited as the Transport Legislation Amendment Act 2007 . 2 Commencement (1) The following provisions commence on a day to be fixed by proclamation— • parts 4 and 5 • part 6, division 2 • sections 79(2), 80 to 83, 87(3) to (5), (7) and (8) • schedule. (2) Section 79(1) commences immediately after the commencement of the Transport Legislation and Another ActAmendment Act 2007 , section 56(2). Part 2 Amendment of Maritime and Other Legislation Amendment Act 2006 3 Act amended in pt 2 This part amends the MaritimeandOtherLegislationAmendment Act 2006.

s 4 11 s 6 Transport Legislation Amendment Act 2007 No. 43, 2007 4 Amendment of s 144A (Insertion of new ss 90A—90D of Transport Operations (Road Use Management) Act 1995) (1) Section 144A, inserted section 90A, definition dangerous driving offence , ‘that is alcohol’— omit . (2) Section 144A, inserted section 90A, definition designated offence, paragraph (a)(i) and drink driving offence , paragraph (a)(ii), ‘or (2)’— omit, insert— ‘, (2) or (2AA)’. Part 3 Amendment of Transport Infrastructure Act 1994 5 Act amended in pt 3 This part amends the Transport Infrastructure Act 1994. 6 Amendment of s 84C (Effect on land of State toll road corridor land declaration) (1) Section 84C— insert — ‘(6A) A person to whom the State has leased State toll road corridor land, or a person who holds a lease under the lease from the State, may lease the State toll road corridor land to another person.’. (2) Section 84C(7), from ‘The’ to ‘(6)’— omit, insert — ‘Each lease under subsection (6) or (6A)’.

s 7 12 s 10 Transport Legislation Amendment Act 2007 No. 43, 2007 7 Amendment of sch 5 (Tolling matters for toll road or local government tollway) Schedule 5— insert — ‘9 The day the toll stops being payable, or a method to work out the day that the toll stops being payable, by each type of vehicle liable to pay a toll for use of a toll road or local government tollway.’. Part 4 Amendment of Transport Operations (Marine Pollution) Act 1995 8 Act amended in pt 4 This part amends the TransportOperations(MarinePollution) Act 1995 . 9 Amendment of s 33 (Definitions for part) (1) Section 33, definitions Annex II and noxious liquid substance — omit. (2) Section 33— insert — ‘ noxious liquid substance — (a) includes a mixture containing a noxious liquid substance; and (b) does not include a liquid substance declared under a regulation not to be a noxious liquid substance.’. 10 Insertion of new s 34A Part 5, division 2—

s 11 13 s 13 Transport Legislation Amendment Act 2007 No. 43, 2007 insert— ‘34A Recategorisation of substances ‘(1) A regulation may declare a category X substance, category Y substance, category Z substance or Other substance to be a substance of a different stated category. ‘(2) A regulation under subsection (1) has effect to categorise the substance for this Act despite the substance being differently categorised under the International Bulk Chemical Code. 1 ’. 11 Amendment of s 38 (Certain noxious liquid substances to be treated as oil) (1) Section 38(1) and (2), ‘category C or D substance’— omit, insert — ‘category Z substance or Other substance’. (2) Section 38, after subsection (1)— insert — ‘ Editor’s note — Other substance has a particular meaning in MARPOL. See Annex II, chapter 2, regulation 6.’. 12 Amendment of s 59 (Definitions for part) Section 59, definition noxious liquid substance , from ‘part 5’— omit, insert— ‘part 5. 2 ’. 13 Amendment of s 66 (Reception facilities) Section 66(1)(a), from ‘regulation 12’ to ‘Annex II’— 1 See Annex II, regulation 1.4. 2 Part 5 is about prevention of pollution by noxious liquid substances in bulk—see section 33.

s 14 14 s 15 Transport Legislation Amendment Act 2007 No. 43, 2007 omit, insert — ‘regulation 38 of Annex I, regulation 18 of Annex II’. 14 Amendment of s 133 (Regulation-making power) (1) Section 133(3)(a), ‘regulation 8’— omit, insert— ‘regulation 16’ . (2) Section 133(3)(b), (c) and (e)— omit. (3) Section 133(3)(d), from ‘regulation 3(4)’ to ‘substance’— omit, insert — ‘regulation 6.3 to MARPOL as a category X substance, category Y substance, category Z substance or Other substance’. (4) Section 133(3)(f), from ‘A substance’— omit, insert — ‘X substance—declaring a residual concentration stated in the regulation is taken to be the residual concentration prescribed for the substance under Annex II, regulation 13.6 to MARPOL.’. (5) Section 133(3)(d) and (f)— renumber as section 133(3)(b) and (c). 15 Amendment of schedule (Dictionary) Schedule, definition sewage , ‘the Convention’— omit, insert— ‘MARPOL’.

s 16 15 s 19 Transport Legislation Amendment Act 2007 No. 43, 2007 Part 5 Amendment of Transport Operations (Passenger Transport) Act 1994 16 Act amended in pt 5 This part amends the TransportOperations(PassengerTransport) Act 1994 . 17 Amendment of s 45 (Conditions of service contracts) Section 45(3), ‘4 penalty units’— omit, insert— ‘40 penalty units’. 18 Amendment of s 47 (Amendment, suspension or cancellation of service contracts for breach of service contracts) Section 47— insert — ‘(1A) However, the chief executive may not amend a holder’s service contract to increase an amount payable to the chief executive for a breach of a key performance indicator.’. 19 Insertion of new s 67A Chapter 6, part 3, after section 67— insert— ‘67A Peak demand management plans ‘(1) A person who administers a taxi service in a relevant area must have a plan to provide taxis for the area during peak patronage periods (a peak demand management plan ). ‘(2) A person who administers a taxi service in a relevant area and who does not give the chief executive a peak demand management plan for the relevant area within the time prescribed under a regulation commits an offence.

s 20 16 s 20 Transport Legislation Amendment Act 2007 No. 43, 2007 Maximum penalty—40 penalty units. ‘(3) A peak demand management plan must deal with the following matters— (a) strategies for managing the demand for taxi services during peak patronage periods in the relevant area; (b) achievable objectives under the plan; (c) the number of peak demand taxis, if any, needed under the plan; (d) the days, starting times and finishing times of the peak demand taxi shifts, if any, needed under the plan; (e) the persons responsible for achieving the objectives; (f) strategies to inform taxi drivers, taxi service operators and the local community in the relevant area about the content of the plan and achievement of its objectives; (g) monitoring performance of the plan and evaluating its effectiveness; (h) reporting the matters mentioned in paragraph (g) to the chief executive. ‘(4) Nothing in a peak demand management plan affects— (a) a service contract holder’s rights and liabilities under a service contract; or (b) the chief executive’s right to damages for a breach of a service contract, including damages arising out of a breach of a key performance indicator. ‘(5) A regulation may provide for matters relating to peak demand management plans, including, for example, the following— (a) when a plan must be given to the chief executive; (b) duration of a plan; (c) amendment of a plan.’. 20 Amendment of s 70 (Requirement for taxi service licences) (1) Section 70, heading, ‘licences’—

s 21 17 s 22 Transport Legislation Amendment Act 2007 No. 43, 2007 omit, insert— ‘ licence or peak demand taxi permit ’. (2) Section 70, from ‘unless’ to ‘the vehicle’— omit, insert— ‘ unless— (a) the person has a taxi service licence to provide the service with the vehicle; or (b) the person has a peak demand taxi permit to provide the service with the vehicle’. 21 Amendment of s 73 (Term of taxi service licences) Section 73(2) to (4)— omit, insert— ‘(2) To remove any doubt, it is declared that the chief executive may issue a taxi service licence on a renewable or non-renewable basis. ‘(3) A taxi service licence issued on a renewable basis must be renewed for successive terms of 5 years if its conditions are complied with. ‘(4) However, the renewal of a taxi service licence issued on a renewable basis may be for a shorter term if the applicant asks for a shorter term. ‘(5) A taxi service licence issued on a non-renewable basis must not be renewed.’. 22 Amendment of s 74 (Conditions of taxi service licences) (1) Section 74(2)(b), ‘specify’— omit, insert — ‘state’. (2) Section 74(3)(b)(ii), from ‘to provide’— omit, insert—

s 23 18 s 24 Transport Legislation Amendment Act 2007 No. 43, 2007 ‘made by the holder of the contract to provide taxi services; and’. 23 Amendment of s 74AA (Notice to be kept in taxi) (1) Section 74AA, heading, after ‘in’— insert— ‘ licensed taxi or substitute ’. (2) Section 74AA, from ‘must ensure’ to ‘is subject’— omit, insert— ‘who uses a licensed taxi or substitute taxi to provide the service must keep a written notice inside the taxi that states the following and is readily available to the driver— (a) the area, stated in the taxi service licence for the taxi, in which the taxi may be operated; (b) any other condition to which the licence is subject that restricts the use of the taxi’. 24 Amendment of s 74AB (Prohibitions on using taxis) (1) Section 74AB, heading, after ‘using’— insert— ‘ licensed taxis or substitute ’. (2) Section 74AB(1) and (2)— omit, insert — ‘(1) The operator of a taxi service must not use a licensed taxi or substitute taxi to provide a public passenger service— (a) in a taxi service area outside the area stated in the licence for the taxi; or (b) in a way that contravenes a condition to which the licence is subject that restricts the use of the taxi. Maximum penalty—40 penalty units. ‘(2) The driver of a licensed taxi or substitute taxi must not use the taxi to provide a public passenger service—

s 25 19 s 26 Transport Legislation Amendment Act 2007 No. 43, 2007 (a) in a taxi service area outside the area stated in the licence for the taxi; or (b) in a way that contravenes a condition to which the licence is subject that restricts the use of the taxi. Maximum penalty—40 penalty units.’. 25 Amendment of s 75 (Amendment of taxi service licence conditions) Section 75(1), ‘a taxi service licence’— omit, insert— ‘taxi service licences’. 26 Insertion of new ch 7A After section 80B— insert— ‘Chapter 7A Peak demand taxi permits ‘80C Purpose of peak demand taxi permits ‘The purpose of peak demand taxi permits is to ensure that the communities served by taxis in relevant areas receive quality and innovative taxi services at a reasonable cost during peak patronage periods. ‘80D What are peak demand taxi permits ‘A peak demand taxi permit is a permit issued by the chief executive to allow a vehicle, other than a licensed taxi, (a peak demand taxi ) to be used to provide a taxi service in a relevant area during a peak patronage period. ‘80E Issue of peak demand taxi permits ‘A regulation may provide for the issue of peak demand taxi permits.

s 26 20 s 26 Transport Legislation Amendment Act 2007 No. 43, 2007 ‘80F Term of peak demand taxi permits ‘A peak demand taxi permit is for a term of 1 year. ‘80G Conditions of peak demand taxi permits ‘(1) A peak demand taxi permit is subject to the conditions stated in it by the chief executive. ‘(2) The conditions of a peak demand taxi permit must— (a) require the operator to use a particular type of vehicle or a vehicle of a type approved for taxis by the chief executive; and (b) state the relevant area to which the peak demand taxi permit applies; and (c) require the operator not to charge more than the maximum fares published in the gazette under section 74A; and (d) state the vehicle to be used under the permit. ‘(3) The conditions of a peak demand taxi permit may— (a) require that the operator have access to a continuously operating booking service; and (b) require the operator— (i) to cooperate with the holder of a taxi service contract; and (ii) to comply with all reasonable requests made by the holder of the contract to provide taxi services; and (iii) not to act in a way likely to prevent the holder of the taxi service contract complying with the conditions of the contract; and (c) require the operator to install and maintain stated equipment in peak demand taxis; and (d) require the operator to operate the vehicle as a peak demand taxi only in peak patronage periods; and (e) make other requirements of an operator.

s 26 21 s 26 Transport Legislation Amendment Act 2007 No. 43, 2007 ‘(4) The operator of a taxi service under a peak demand taxi permit must not contravene a condition of the permit. Maximum penalty for subsection (4)—40 penalty units. ‘80H Notice to be kept in peak demand taxi ‘The operator of a taxi service who uses a peak demand taxi to provide the service must keep a written notice inside the taxi that states the following and is readily available to the driver— (a) the relevant area, stated in the permit for the taxi, in which the taxi may be operated; (b) any other condition to which the permit is subject that restricts the use of the taxi. Maximum penalty—40 penalty units. ‘80I Prohibitions on using peak demand taxis ‘(1) The operator of a taxi service must not use a peak demand taxi to provide a public passenger service— (a) in a taxi service area outside the relevant area stated in the permit for the taxi; or (b) in a way that contravenes a condition to which the permit is subject that restricts the use of the taxi. Maximum penalty—40 penalty units. ‘(2) The driver of a peak demand taxi must not use the taxi to provide a public passenger service— (a) in a taxi service area outside the relevant area stated in the permit for the taxi; or (b) in a way that contravenes a condition to which the permit is subject that restricts the use of the taxi. Maximum penalty—40 penalty units. ‘(3) However, the driver or operator does not contravene subsection (1)(a) or (2)(a) while the peak demand taxi is being used to complete a single passenger journey that started within the relevant area stated in the permit.

s 27 22 s 27 Transport Legislation Amendment Act 2007 No. 43, 2007 ‘80J Amendment of peak demand taxi permit conditions ‘(1) A regulation may authorise the chief executive to amend the conditions of peak demand taxi permits if the chief executive is satisfied the amendment is necessary for improving taxi services in the public interest. ‘(2) A regulation may also authorise the amendment of peak demand taxi permits in other circumstances and make other provision about amending peak demand taxi permits. ‘80K Lease and surrender of peak demand taxi permits ‘A regulation may provide for the lease and surrender of peak demand taxi permits. ‘80L Suspension and cancellation of peak demand taxi permits ‘(1) A regulation may provide for the suspension and cancellation of peak demand taxi permits. ‘(2) Without limiting subsection (1), a regulation may authorise the chief executive to suspend or cancel a person’s peak demand taxi permit if the person contravenes this Act or a condition of the permit. ‘(3) Without limiting subsection (1), a regulation may authorise the chief executive to suspend immediately a person’s peak demand taxi permit if the chief executive considers it necessary in the public interest. ‘(4) Without limiting subsection (1), if the operator accreditation of the holder of a peak demand taxi permit is suspended or cancelled— (a) for suspension—the permit is suspended while the accreditation is suspended; or (b) for cancellation—the permit is cancelled.’. 27 Replacement of s 86 (Term of limousine service licence) Section 86— omit, insert —

s 28 23 s 28 Transport Legislation Amendment Act 2007 No. 43, 2007 ‘86 Term of limousine service licence ‘(1) A limousine service licence is for a term of— (a) for a special purpose limousine service licence—1 year; or (b) for another limousine service licence—5 years. ‘(2) A limousine service licence may be renewed for successive terms of the length mentioned in subsection (1) for the licence, if the conditions of the licence have been complied with. ‘(3) However, a limousine service licence other than a special purpose limousine service licence may be renewed for a shorter term if the applicant for the renewal asks for a shorter term.’. 28 Amendment of s 87 (Conditions of limousine service licences) (1) Section 87(2)(b)— omit, insert — ‘(b) require the operator to use— (i) if the licence is a special purpose limousine service licence—a special purpose limousine; or (ii) otherwise—a luxury motor vehicle; and’. (2) Section 87(2)(c), ‘specify’— omit, insert — ‘state’. (3) Section 87(2)(d)— omit, insert — ‘(d) subject to section 87A— (i) state the vehicle to be used under the licence; and (ii) require the operator to display a registration plate on the vehicle distinguishing it as— (A) if the vehicle is to be used under a special purpose limousine service licence—a special

s 29 24 s 29 Transport Legislation Amendment Act 2007 No. 43, 2007 purpose limousine for which a special purpose limousine service licence is in force; or (B) otherwise—a limousine; and (e) state that the operator must do either of the following if a hirer of a limousine service provided under the licence requests that the limousine service be provided by using a stated type of vehicle— (i) comply with the request; (ii) seek agreement from the hirer to use a different type of vehicle.’. (4) Section 87(3), ‘limousine licence’— omit, insert — ‘limousine service licence’. (5) Section 87(3)(c), before ‘allow’— insert — ‘for a limousine service licence other than a special purpose limousine service licence—’. (6) Section 87(5)(b), ‘restrictions’ to ‘subject’— omit, insert— ‘condition to which the licence is subject that restricts the use of the limousine’. (7) Section 87(6)(b), from ‘restriction’ to ‘subject’— omit, insert — ‘condition to which the licence is subject that restricts the use of the limousine’. 29 Insertion of new ss 87B–87G After section 87A— insert —

s 29 25 s 29 Transport Legislation Amendment Act 2007 No. 43, 2007 ‘87B Electronic record of prior booking—limousine services provided other than under special purpose limousine service licence ‘(1) This section applies to a limousine service other than a limousine service provided under a special purpose limousine service licence. ‘(2) The operator of a limousine service must— (a) keep an electronic booking system that is in working condition in the limousine used to provide the limousine service; and (b) make an electronic record containing the prescribed details of the booking for the limousine service by using the electronic booking system; and (c) immediately before the limousine is used to provide the limousine service, check that the electronic booking system displays the prescribed details of the booking for the limousine service. Maximum penalty—80 penalty units. ‘(3) The driver of a limousine must not use the limousine to provide a limousine service unless— (a) an electronic booking system in working condition is in the limousine; and (b) the operator of the limousine service has made an electronic record containing the prescribed details of the booking for the limousine service by using the electronic booking system; and (c) the electronic booking system displays the prescribed details of the booking for the limousine service. Maximum penalty—80 penalty units. ‘87C Operator to keep electronic record of prior booking made for s 87B ‘The operator of a limousine service must— (a) keep, for at least 5 years—

s 29 26 s 29 Transport Legislation Amendment Act 2007 No. 43, 2007 (i) each electronic record containing the prescribed details of a booking for a limousine service made, for section 87B, by using an electronic booking system; or (ii) a copy of the electronic record; and (b) if asked by an authorised person, produce the electronic record or a copy of the electronic record for inspection by the authorised person. Maximum penalty—80 penalty units. ‘87D Driver to produce electronic record of prior booking made for s 87B ‘(1) This section applies if— (a) an electronic record containing the prescribed details of a booking for a limousine service is made, for section 87B, by using an electronic booking system; and (b) an authorised person asks the driver of the limousine used to provide the limousine service to show the authorised person the display of the prescribed details of the booking for the limousine service in or on the electronic booking system (the display ). ‘(2) The driver must— (a) produce the electronic booking system for inspection by the authorised person; or (b) if it is not reasonably practicable for the authorised person to read the display from outside the limousine and the authorised person tells the driver the authorised person needs to enter the limousine to read the display—allow the authorised person to enter the limousine to read the display. Maximum penalty—80 penalty units. ‘(3) For subsection (1)(b), a limousine is used to provide a limousine service if— (a) it is about to be used to provide the limousine service; or (b) it is being used to provide the limousine service; or

s 29 27 s 29 Transport Legislation Amendment Act 2007 No. 43, 2007 (c) it has just been used to provide the limousine service. ‘(4) If an authorised person enters a limousine under subsection (2)(b), the authorised person— (a) may remain in the limousine for only the period of time that is reasonably necessary to read the display; and (b) may inspect the limousine, and anything in the limousine, only to the extent that is reasonably necessary to read the display. ‘87E Record of prior booking—limousine service provided under special purpose limousine service licence ‘(1) This section applies to a limousine service provided under a special purpose limousine service licence. ‘(2) The operator of a limousine service must— (a) make a record containing the prescribed details of the booking for the limousine service either— (i) in paper form; or (ii) in electronic form by using an electronic booking system; and (b) give a copy of the prescribed details of the booking for the limousine service to the driver of the limousine to be used to provide the limousine service, before the limousine service is provided. Maximum penalty—80 penalty units. ‘(3) The driver of a limousine must not use the limousine to provide a limousine service unless— (a) the operator of the limousine service has made a record containing the prescribed details of the booking for the limousine service; and (b) the driver is carrying a copy of the prescribed details of the booking for the limousine service in the limousine. Maximum penalty—80 penalty units.

s 29 28 s 29 Transport Legislation Amendment Act 2007 No. 43, 2007 ‘(4) If the record containing the prescribed details of the booking for the limousine service is made in electronic form by using an electronic booking system— (a) the operator of the limousine service satisfies subsection (2)(b) if the operator— (i) keeps an electronic booking system that is in working condition in the limousine used to provide the limousine service; and (ii) immediately before the limousine is used to provide the limousine service, checks that the electronic booking system displays the prescribed details of the booking for the limousine service; and (b) the driver of the limousine used to provide the limousine service is taken to carry a copy of the prescribed details of the booking for the limousine service in the limousine if, while the limousine is being used to provide the limousine service, the electronic booking system— (i) is in the limousine and is in working condition; and (ii) displays the prescribed details of the booking for the limousine service. ‘87F Operator to keep record of prior booking made for s 87E ‘The operator of a limousine service must— (a) keep, for at least 5 years— (i) each record containing the prescribed details of a booking for a limousine service made for section 87E; or (ii) a copy of the record; and (b) if asked by an authorised person, produce the record or a copy of the record for inspection by the authorised person. Maximum penalty—80 penalty units.

s 29 29 s 29 Transport Legislation Amendment Act 2007 No. 43, 2007 ‘87G Driver to produce record of prior booking made for s 87E ‘(1) This section applies if— (a) a record containing the prescribed details of a booking for a limousine service is made for section 87E; and (b) an authorised person asks the driver of the limousine used to provide the limousine service to show the authorised person a copy of the record of the prescribed details for the booking for the limousine service. ‘(2) The driver must— (a) produce the copy for inspection by the authorised person; or (b) if the record is in electronic form in or on an electronic booking system— (i) produce the electronic booking system for inspection by the authorised person; or (ii) if it is not reasonably practicable for the authorised person to read the display of the prescribed details of the booking for the limousine service in or on the electronic booking system (the display ) from outside the limousine and the authorised person tells the driver the authorised person needs to enter the limousine to read the display—allow the authorised person to enter the limousine to read the display. Maximum penalty—80 penalty units. ‘(3) For subsection (1)(b), a limousine is used to provide a limousine service if— (a) it is about to be used to provide the limousine service; or (b) it is being used to provide the limousine service; or (c) it has just been used to provide the limousine service. ‘(4) If an authorised person enters a limousine under subsection (2)(b)(ii), the authorised person— (a) may remain in the limousine for only the period of time that is reasonably necessary to read the display; and

s 30 30 s 32 Transport Legislation Amendment Act 2007 No. 43, 2007 (b) may inspect the limousine, and anything in the limousine, only to the extent that is reasonably necessary to read the display.’. 30 Amendment of s 155 (Regulations) Section 155(3)(a), ‘and charges’— omit, insert — ‘, charges and taxes’. 31 Amendment of sch 2 (Reviewable decisions) Schedule 2— insert— ‘80J(1) amendment of the conditions of a peak demand taxi permit Magistrates 80L suspension or cancellation of a peak demand taxi permit District or Magistrates’. 32 Amendment of sch 3 (Dictionary) (1) Schedule 3, definition taxi — omit. (2) Schedule 3— insert — ‘ electronic booking system means a system for the electronic recording and display of information about bookings. licensed taxi means a vehicle stated in a taxi service licence. peak demand management plan see section 67A. peak demand taxi see section 80D. peak demand taxi permit see section 80D. peak patronage period means a period— (a) in which the demand for taxi services is higher than usual; and

s 32 31 s 32 Transport Legislation Amendment Act 2007 No. 43, 2007 (b) that is identified in a peak demand management plan given to the chief executive under section 67A and, if applicable, amended by the chief executive. prescribed details , of a booking for a limousine service, means the details about the booking prescribed under a regulation for this definition. relevant area means an area in which the administration of taxi services must be performed under a service contract as mentioned in section 66. special purpose limousine means a motor vehicle prescribed under a regulation as a motor vehicle that may be used under a special purpose limousine service licence. special purpose limousine service licence means a limousine service licence that is subject to the condition that the provision of a limousine service under the licence is restricted to 1 or more the following— (a) a service for the carriage of passengers to or from a wedding event; (b) a service for the carriage of passengers to or from a student event; (c) a tourist service. student event means— (a) an event that is held for the students of an educational institution, and their invited guests, and is one of the following— (i) a school formal; (ii) a graduation ceremony; (iii) a debutante ball; (iv) another dance or ball at which evening wear or semi-formal wear is worn; or (b) an event held immediately before, or immediately after, an event mentioned in paragraph (a). substitute taxi means a motor vehicle used under a taxi service licence under a regulation mentioned in section 74B.

s 32 32 s 32 Transport Legislation Amendment Act 2007 No. 43, 2007 taxi , other than in the definition demand responsive service means— (a) a motor vehicle for which a taxi service licence or peak demand taxi permit is in force; or (b) a substitute taxi. wedding event means— (a) a ceremony for the marriage of 2 persons or a similar ceremony for the joining of 2 persons other than by marriage; or Example of similar ceremony — commitment ceremony for the joining of 2 persons of the same gender (b) an event for the celebration of a ceremony mentioned in paragraph (a); or Example of event for paragraph (b) — a wedding reception (c) an event that happens between a ceremony mentioned in paragraph (a) and an event for the celebration of the ceremony. Example of event for paragraph (c) — photography session for a couple being married and their assistants’. (3) Schedule 3, definition disqualifying offence , after ‘taxi service licence’— insert— ‘, a peak demand taxi permit’. (4) Schedule 3, definition limousine service , after ‘vehicle’— insert — ‘or special purpose limousine’.

s 33 33 s 35 Transport Legislation Amendment Act 2007 No. 43, 2007 Part 6 Amendment of TransportOperations (Road UseManagement) Act 1995 Division 1 Preliminary 33 Act amended in pt 6 and schedule This part and the schedule amend the TransportOperations(Road Use Management) Act 1995. Division 2 Amendments relating to compliance and enforcement for heavy vehicles 34 Amendment of s 24 (Identity cards) Section 24(4), penalty, ‘10’— omit, insert— ‘27’ 35 Insertion of new ss 26A and 26B After section 26— insert — ‘26A Further power to enter place of business in relation to heavy vehicle ‘(1) Without limiting section 26 but subject to section 26B, an authorised officer may enter a place of business of a responsible person for a heavy vehicle at any time during the usual business hours of the business— (a) without the occupier’s consent or a warrant; and (b) whether or not the place is actually being used at that time for carrying on the business; if the authorised officer has— (c) the suspicion mentioned in subsection (2); or

s 35 34 s 35 Transport Legislation Amendment Act 2007 No. 43, 2007 (d) the belief and suspicion mentioned in subsection (3). ‘(2) For subsection (1)(c), the authorised officer must reasonably suspect that there may be at the place— (a) a document relating to a heavy vehicle and required to be kept under a transport Act or alternative compliance scheme; or (b) a device relating to a heavy vehicle and required to be installed, used or maintained under a transport Act or an alternative compliance scheme. Example — a weighing, measuring, recording or monitoring device ‘(3) For subsection (1)(d), the authorised officer— (a) must reasonably believe that there may be at the place evidence of an offence, relating to a heavy vehicle, against a transport Act; and (b) must reasonably suspect the evidence may be concealed or destroyed unless the place is immediately entered and searched. ‘(4) This section does not authorise an authorised officer, without the occupier’s consent or a warrant, to enter— (a) a place that is apparently unattended, unless the officer reasonably believes the place is attended; or (b) a place, or any part of a place, used predominantly for residential purposes. ‘(5) For subsection (4)(b), a place or part of a place is not used predominantly for residential purposes if it is used merely for temporary or casual sleeping or other accommodation for drivers of heavy vehicles. ‘(6) The authorised officer may open unlocked doors and other unlocked panels and things at the place for gaining entry to the place under subsection (1). ‘(7) This section does not authorise an authorised officer to use force for exercising a power under this section.

s 35 35 s 35 Transport Legislation Amendment Act 2007 No. 43, 2007 ‘(8) In this section— place of business , of a responsible person for a heavy vehicle, means a place— (a) at or from which the responsible person carries on a business; or (b) that is occupied by the responsible person in connection with a business carried on by the responsible person. transport Act does not include— (a) the Queensland Road Rules; or (b) a regulation made under this Act applying to the transport of dangerous goods. ‘26B Further power to enter place in relation to heavy vehicle if incident involving death, injury or damage ‘(1) Without limiting section 26, an authorised officer, without the occupier’s consent or a warrant, may enter a place at any time if the officer reasonably believes— (a) a heavy vehicle has, or may have, been involved in an incident involving the death of, or injury to, a person or damage to property; and (b) the incident may have involved an offence against a transport Act; and (c) the heavy vehicle is connected with the place; and (d) there may be at the place evidence of the offence mentioned in paragraph (b) that may be concealed or destroyed unless the place is immediately entered and searched. ‘(2) However, if the authorised officer is not a police officer, the authorised officer may enter the place only if the entry is authorised by a police officer of at least the rank of inspector. ‘(3) For subsection (1), a heavy vehicle is connected with a place if— (a) the place is the vehicle’s garage address; or

s 36 36 s 36 Transport Legislation Amendment Act 2007 No. 43, 2007 (b) the vehicle is, or within the past 72 hours has been, located at the place; or (c) the place is, or may be, otherwise directly or indirectly connected with the vehicle or any part of its equipment or load. ‘(4) Section 26A(4) to (7) applies to the entry to a place by an authorised officer under this section. ‘(5) In this section— transport Act does not include— (a) the Queensland Road Rules; or (b) a regulation made under this Act applying to the transport of dangerous goods.’. 36 Insertion of new ss 29A–29C After section 29— insert — ‘29A Post-entry approval ‘(1) As soon as reasonably practicable after exercising heavy vehicle evidence preservation powers, an authorised officer must apply in writing to a magistrate for an order approving the exercise of the powers ( post-entry approval order ). ‘(2) The application must be sworn and state the grounds on which it is sought. ‘(3) The authorised officer need not appear at the consideration of the application, unless the magistrate otherwise requires. ‘(4) The magistrate may refuse to consider the application until the authorised officer gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. Example — The magistrate may require additional information supporting the application to be given by statutory declaration.

s 37 37 s 37 Transport Legislation Amendment Act 2007 No. 43, 2007 ‘29B Making of post-entry approval order ‘A magistrate may make a post-entry approval order only if satisfied— (a) in the circumstances existing before the exercise of the heavy vehicle evidence preservation powers for which the order is sought— (i) the authorised officer, before exercising the powers, had the required suspicion or belief for exercising them; and (ii) there was a reasonable likelihood that the evidence for which the powers were exercised would be concealed or destroyed; or (b) having regard to the nature of the evidence found during the exercise of the powers, it is in the public interest to make the order. ‘29C Appeal ‘(1) Within 28 days after a magistrate refuses to make a post-entry approval order (the appeal period ), the chief executive may appeal against the magistrate’s order to the Supreme Court. ‘(2) If the chief executive appeals, the chief executive must retain any seized thing until the appeal is decided. ‘(3) If the chief executive does not appeal, the chief executive must, immediately the appeal period ends, return any seized thing to the person from whom it was seized. ‘(4) In this section— seized thing means a thing seized by an authorised officer in the exercise of the heavy vehicle evidence preservation powers for which the post-entry approval order was sought.’. 37 Amendment of s 30 (General powers after entering places) (1) Section 30(2)(b), after ‘measure,’— insert — ‘weigh,’.

s 37 38 s 37 Transport Legislation Amendment Act 2007 No. 43, 2007 (2) Section 30(2)(d), ‘copy’— omit, insert — ‘copy, or take an extract from,’. (3) Section 30(2)(f)— insert — ‘ Examples of requirements under paragraph (f) — • a requirement to operate equipment or facilities • a requirement to give access, free of charge, to photocopying equipment’. (4) Section 30(3), penalty— omit, insert — ‘Maximum penalty— (a) if paragraph (b) does not apply—60 penalty units; or (b) if the powers are to be exercised in relation to a heavy vehicle—80 penalty units.’. (5) Section 30(4)— omit, insert — ‘(4) A requirement under subsection (2)(f) does not include— (a) a requirement to produce a document or give information; or (b) a requirement to help the authorised officer find and gain access to a document or information. Editor’s note — For the power to make a requirement mentioned in paragraph (a), see sections 49 and 50. For the power to make a requirement mentioned in paragraph (b), see section 50AB. ‘(5) Subsection (6) applies for the exercise of a power by an authorised officer in relation to a heavy vehicle under subsection (2) to decide if anything found at the place may be seized under division 3. ‘(6) The authorised officer may move the thing to another place if—

s 38 39 s 38 Transport Legislation Amendment Act 2007 No. 43, 2007 (a) it is not practicable to exercise the power in relation to the thing at the place where it is found; or (b) the occupier of the place where it is found consents in writing.’. 38 Insertion of new ss 30A and 30B Chapter 3, part 3, division 1— insert — ‘30A Further powers after entering place under s 26A or 26B ‘(1) This section applies to an authorised officer who enters a place under section 26A or 26B. ‘(2) If the authorised officer enters the place because the authorised officer has the suspicion mentioned in section 26A(2), the authorised officer may do either or both of the following— (a) inspect— (i) a document that is required to be kept under a transport Act or an alternative compliance scheme; or (ii) a device that is required to be installed, used or maintained under a transport Act or an alternative compliance scheme; Example — a weighing, measuring, recording or monitoring device (b) copy, or take an extract from, any or all of the following that are at the place— (i) a document mentioned in paragraph (a)(i); (ii) a readout or other data obtained from a device mentioned in paragraph (a)(ii). ‘(3) Subsection (4) applies if the authorised officer enters the place to obtain evidence of an offence against a transport Act because—

s 38 40 s 38 Transport Legislation Amendment Act 2007 No. 43, 2007 (a) the authorised officer has the belief and suspicion mentioned in section 26A(3) in relation to the evidence; or (b) the authorised officer has the belief mentioned in section 26B(1) in relation to the evidence. ‘(4) The authorised officer may, for obtaining evidence of an offence against a transport Act, do any or all of the following— (a) search any part of the place; (b) inspect anything in the place; (c) copy, or take an extract from, any or all of the following in the place— (i) a document mentioned in subsection (2)(a)(i); (ii) journey documentation or transport documentation; (iii) a document, or a readout or other data obtained from anything, that the authorised officer reasonably believes provides, or on further inspection may provide, evidence of the offence. ‘(5) For exercising a power under subsection (2)(b) or (4)(c), the authorised officer may use photocopying equipment in the place free of charge. ‘(6) Also, for exercising a power under subsection (2) or (4), the authorised officer may— (a) take the persons, equipment and materials the authorised officer reasonably requires for exercising the power into the place; or (b) require a responsible person for the heavy vehicle in relation to which the power is to be exercised, whether or not the responsible person is in or at the place, to give the authorised officer reasonable help to exercise the power. ‘(7) A person must comply with a requirement made under subsection (6)(b), unless the person has a reasonable excuse. Maximum penalty—80 penalty units.

s 38 41 s 38 Transport Legislation Amendment Act 2007 No. 43, 2007 ‘(8) A requirement under subsection (6)(b) does not include— (a) a requirement to produce a document or give information; or (b) a requirement to help the authorised officer find and gain access to a document or information. Editor’s note — For the power to make a requirement mentioned in paragraph (a), see sections 49 and 50. For the power to make a requirement mentioned in paragraph (b), see section 50AB. ‘(9) Subsection (10) applies for the exercise of a power by an authorised officer under subsection (4) to decide if anything found at the place may be seized under division 3. ‘(10) The authorised officer may move the thing to another place if— (a) it is not practicable to exercise the power in relation to the thing at the place where it is found; or (b) the occupier of the place where it is found consents in writing. ‘(11) In this section— transport Act does not include— (a) the Queensland Road Rules; or (b) a regulation made under this Act applying to the transport of dangerous goods. ‘30B Using equipment for exercising power ‘(1) This section applies for the exercise of a power under section 30 or 30A in relation to a thing found in a place entered under this Act. ‘(2) An authorised officer, or a person helping the authorised officer, may operate available equipment if the authorised officer or person reasonably believes— (a) the available equipment is suitable for exercising the power; and (b) the power can be exercised without damaging the available equipment or the thing.

s 39 42 s 39 Transport Legislation Amendment Act 2007 No. 43, 2007 ‘(3) In this section— available equipment , for exercising a power in relation to a thing— (a) means equipment that is— (i) in or at the place in which the thing is found; or (ii) taken onto the place under section 30(2)(e) or 30A(6)(a); or (iii) in another place to which the thing has been moved under section 30(6) or 30A(10); and (b) includes electronic equipment for accessing information contained on a thing found in or at the place. Example of information contained on a thing — information contained on a disk, tape or other device’ . 39 Amendment of s 31 (Power to stop private vehicles) (1) Section 31— insert — ‘(2A) However, an authorised officer who is not a police officer may make a requirement under subsection (1) or (2) during the day only. ‘(2B) Also, an authorised officer who is not a police officer and is not wearing a uniform approved by the chief executive may only exercise the powers of an authorised officer in relation to a private vehicle if the officer reasonably believes the vehicle is so dangerous as to be likely to cause the death of, or injury to, a person.’. (2) Section 31(5), from ‘officers,’— omit, insert — ‘officers.’. (3) Section 31— insert — ‘(6) In this section—

s 40 43 s 40 Transport Legislation Amendment Act 2007 No. 43, 2007 day means the period between sunrise and sunset on the same day.’. 40 Amendment of s 33 (Power to require vehicles to be moved) (1) Section 33, heading— omit, insert — ‘33 Requiring vehicle to be moved for exercising power’. (2) Section 33(1) to (3A)— omit, insert — ‘(1) This section applies to— (a) a motor vehicle, other than a heavy vehicle, that is stationary on a road or has been stopped under section 31 or 32; and (b) without limiting sections 33A to 33C, a heavy vehicle that— (i) is stationary in a following place— (A) a road or road-related area; (B) a public place; (C) another place occupied or owned by the State or a government entity; (D) a prescribed place an authorised officer has entered under section 26; (E) a place an authorised officer has entered under section 26A or 26B; or (ii) has been stopped under section 32. ‘(2) To enable an authorised officer to exercise a power under a transport Act, the officer may require a person mentioned in paragraph (a) or (b) to move the vehicle, or cause it to be moved, to a stated reasonable place— (a) for a vehicle other than a heavy vehicle—the person in control of the vehicle; or

s 40 44 s 40 Transport Legislation Amendment Act 2007 No. 43, 2007 (b) for a heavy vehicle—the person in control, or the operator, of the vehicle. Example — The authorised officer may require the person to move the vehicle onto a weighing or testing device. ‘(3) However, the place must be— (a) for a private vehicle—within a 5km radius from where the vehicle was stationary or stopped; or (b) for a prescribed heavy vehicle—within a 30km radius from— (i) where the vehicle was stationary or stopped; or (ii) if the requirement is given in the course of the vehicle’s journey—any point along the forward route of the journey. ‘(3A) A requirement under subsection (2) may be made orally or in any other way, including, for example— (a) for a requirement made to the person in control of a vehicle—by way of a sign or electronic or other signal; or (b) for a requirement made to the operator of a heavy vehicle—by telephone, facsimile, electronic mail or radio.’. (3) Section 33— insert — ‘(6) In this section— prescribed place , in relation to a heavy vehicle, means— (a) a following place of a responsible person for the heavy vehicle— (i) a place at or from which the responsible person carries on a business; (ii) a place that is occupied by the responsible person in connection with a business carried on by the responsible person;

s 41 45 s 41 Transport Legislation Amendment Act 2007 No. 43, 2007 (iii) the registered office of a business carried on by the responsible person; or (b) a place that is— (i) the garage address for the heavy vehicle; or (ii) without limiting subparagraph (i), the base of a driver of the heavy vehicle; or (c) a place where a document relating to a heavy vehicle is located or required to be kept under a transport Act or an alternative compliance scheme.’. 41 Insertion of new ss 33A–33C After section 33— insert — ‘33A Requiring heavy vehicle to be moved if causing harm or obstruction etc. ‘(1) This section applies if— (a) a heavy vehicle is stationary in a following place— (i) a road or road-related area; (ii) a public place; (iii) another place occupied or owned by the State or a government entity; (iv) a prescribed place an authorised officer has entered under section 26; (v) a place an authorised officer has entered under section 26A or 26B; and (b) the authorised officer reasonably believes the heavy vehicle— (i) is causing, or creating a risk of, serious harm to public safety, the environment or road infrastructure; or (ii) is causing, or likely to cause, an obstruction to traffic.

s 41 46 s 41 Transport Legislation Amendment Act 2007 No. 43, 2007 ‘(2) The authorised officer may require the person in control, or the operator, of the heavy vehicle to do either or both of the following— (a) move the vehicle, or cause it to be moved, to the extent necessary to avoid the harm or obstruction; (b) do, or cause to be done, anything else the officer reasonably requires to avoid the harm or obstruction. ‘(3) A requirement under subsection (2) may be made in a way mentioned in section 33(3A). ‘(4) The person must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—120 penalty units. ‘(5) Without limiting what may be a reasonable excuse for subsection (4), in a proceeding for an offence against the subsection, it is a defence if the person charged with the offence proves— (a) it was not possible to move the heavy vehicle because it was broken down; and (b) the breakdown happened for a physical reason beyond the person’s control; and (c) the breakdown could not be readily rectified in a way that would enable the requirement to be complied with within a reasonable time. ‘(6) In this section— prescribed place , in relation to a heavy vehicle, means— (a) a following place of a responsible person for the heavy vehicle— (i) a place at or from which the responsible person carries on a business; (ii) a place that is occupied by the responsible person in connection with a business carried on by the responsible person; (iii) the registered office of a business carried on by the responsible person; or (b) a place that is—

s 41 47 s 41 Transport Legislation Amendment Act 2007 No. 43, 2007 (i) the garage address for the heavy vehicle; or (ii) without limiting subparagraph (i), the base of a driver of the heavy vehicle; or (c) a place where a document relating to a heavy vehicle is located or required to be kept under a transport Act or an alternative compliance scheme. ‘33B Moving unattended heavy vehicle on road ‘(1) This section applies if an authorised officer— (a) reasonably believes that a heavy vehicle on a road is unattended; and (b) intends to exercise a power under this Act in relation to the vehicle; and (c) reasonably believes it is necessary to move the vehicle to enable the exercise of the power. ‘(2) The authorised officer may take the steps that are reasonably necessary to move the heavy vehicle on the road, or to remove the heavy vehicle from the road, to enable the exercise of the power. Example of reasonably necessary steps — driving, pushing or towing the vehicle ‘(3) Despite subsection (2), the authorised officer may only drive, or authorise someone else (the assistant ) to drive, the heavy vehicle if the authorised officer or assistant is qualified and fit to drive it. ‘(4) It is immaterial that— (a) the assistant is not the operator of the heavy vehicle; or (b) the authorised officer or assistant is not authorised by the operator to drive it. ‘(5) If the authorised officer asks a service or towing vehicle operator to move or remove the heavy vehicle, the service or towing vehicle operator may take the steps that are reasonably necessary to move or remove the heavy vehicle, as requested. ‘(6) The authorised officer, the assistant or a service or towing vehicle operator mentioned in subsection (5) may use the

s 41 48 s 41 Transport Legislation Amendment Act 2007 No. 43, 2007 force that is reasonably necessary to do any or all of the following— (a) open unlocked doors and other unlocked panels and things in the heavy vehicle; (b) gain access to the heavy vehicle, its engine or other mechanical components to enable it to be moved; (c) enable the heavy vehicle to be towed. ‘(7) Subsection (6) does not authorise an authorised officer, assistant or service or towing vehicle operator to use force against a person. ‘(8) In this section— road includes a road-related area. ‘33C Moving other stationary heavy vehicle if causing harm or obstruction etc. ‘(1) This section applies if an authorised officer reasonably believes— (a) a heavy vehicle on a road or road-related area is unattended or broken down; and (b) the heavy vehicle— (i) is causing, or creating an imminent risk of, serious harm to public safety, the environment or road infrastructure; or (ii) is causing, or likely to cause, an obstruction to traffic. ‘(2) The authorised officer may move or authorise someone else (the assistant ) to move the heavy vehicle or, if it is a combination, any vehicle forming part of the combination, to the extent it is reasonably necessary to avoid the harm or obstruction. Example — by driving, pushing or towing the vehicle ‘(3) The authorised officer or assistant may—

s 42 49 s 43 Transport Legislation Amendment Act 2007 No. 43, 2007 (a) enter the heavy vehicle to enable the authorised officer or assistant to move it; and (b) for a combination—separate any or all of the vehicles forming part of the combination for the purpose of moving them. ‘(4) The authorised officer may drive the heavy vehicle or authorise someone else (also the assistant ) to drive it if the authorised officer reasonably believes— (a) the heavy vehicle is driveable; and (b) there is no-one else in or near the heavy vehicle who is more capable of driving it and fit and willing to drive it. ‘(5) It is immaterial that— (a) the assistant is not the operator of the heavy vehicle; or (b) the authorised officer or assistant is not authorised by the operator to drive the heavy vehicle or qualified to drive it. ‘(6) In driving the heavy vehicle under subsection (4), the authorised officer or assistant is exempt from a provision of a transport Act to the extent the provision would require the authorised officer or assistant to be licensed to drive the vehicle. ‘(7) The authorised officer or assistant mentioned in subsection (2) or (4) may use the force that is reasonably necessary to the extent it is reasonably necessary to avoid the harm or obstruction. ‘(8) Subsection (7) does not authorise an authorised officer or assistant to use force against a person.’. 42 Amendment of s 34 (Power to inspect vehicles) Section 34(4)— omit . 43 Amendment of s 35 (Power to enter vehicles etc. other than for vehicle inspection) Section 35—

s 44 50 s 44 Transport Legislation Amendment Act 2007 No. 43, 2007 insert — ‘(2A) Subsections (2B) and (2C) apply if— (a) the vehicle is a heavy vehicle; and (b) the officer is not a police officer and reasonably believes the heavy vehicle has, or may have, been involved in an incident involving the death of, or injury to, a person or damage to property. ‘(2B) The authorised officer— (a) may exercise a power under this section only if authorised to do so by a police officer of at least the rank of inspector; and (b) without limiting paragraph (a), may open unlocked doors and other unlocked panels and things in the vehicle for gaining entry to it under subsection (2)(a). ‘(2C) Despite subsection (2)(a), an authorised officer who is not a police officer must not use force to enter the vehicle.’. 44 Insertion of new ss 35A–35C After section 35— insert — ‘35A Further powers to inspect and search heavy vehicles ‘(1) Without limiting sections 34 and 35, this section applies to a heavy vehicle, whether or not it is unattended, if it is stationary in a following place— (a) a road or road-related area; (b) a public place; (c) another place occupied or owned by the State or a government entity; (d) a prescribed place an authorised officer has entered under section 26; (e) a place an authorised officer has entered under section 26A or 26B.

s 44 51 s 44 Transport Legislation Amendment Act 2007 No. 43, 2007 ‘(2) An authorised officer may inspect the heavy vehicle to check whether it complies with a transport Act or an alternative compliance scheme. ‘(3) Also, an authorised officer may search the heavy vehicle to carry out a check as mentioned in subsection (2) if the authorised officer reasonably believes— (a) the heavy vehicle has been used, is being used, or is likely to be used, to commit an offence against a transport Act; or (b) the heavy vehicle may have been involved in an incident involving injury to, or the death of, a person or damage to property. ‘(4) An authorised officer may form the belief mentioned in subsection (3) whether or not the heavy vehicle has been inspected under this Act. ‘(5) Without limiting subsection (2) or (3), for exercising a power under the subsection, the authorised officer may do any or all of the following— (a) enter the heavy vehicle; (b) exercise a power that an authorised officer may exercise under section 35(2)(c) to (g); (c) move, but not take away, anything in the heavy vehicle that is not locked or sealed. ‘(6) An authorised officer may exercise a power under this section at any time and without the consent of the heavy vehicle’s driver or anyone else. ‘(7) However, if an authorised officer has the belief mentioned in subsection (3)(b) in relation to the heavy vehicle, the authorised officer— (a) may exercise a power under this section in relation to the vehicle only if authorised to do so by a police officer of at least the rank of inspector; and (b) without limiting paragraph (a), may open unlocked doors and other unlocked panels and things in the vehicle for gaining entry to it under subsection (5)(a).

s 44 52 s 44 Transport Legislation Amendment Act 2007 No. 43, 2007 ‘(8) This section does not authorise an authorised officer to use force for exercising a power under this section. ‘(9) Also, an authorised officer may not exercise a power under this section in relation to a personal possession found in the heavy vehicle. ‘(10) In this section— prescribed place , in relation to a heavy vehicle, means— (a) a following place of a responsible person for the heavy vehicle— (i) a place at or from which the responsible person carries on a business; (ii) a place that is occupied by the responsible person in connection with a business carried on by the responsible person; (iii) the registered office of a business carried on by the responsible person; or (b) a place that is— (i) the garage address for the heavy vehicle; or (ii) without limiting subparagraph (i), the base of a driver of the heavy vehicle; or (c) a place where a document relating to a heavy vehicle is located or required to be kept under a transport Act or an alternative compliance scheme. transport Act does not include— (a) the Queensland Road Rules; or (b) a regulation made under this Act applying to the transport of dangerous goods. ‘35B Further powers to access stored information or to decide if anything found in a heavy vehicle may be seized ‘(1) Without limiting section 35 or 35A, this section applies to help an authorised officer who exercises a power in relation to a heavy vehicle under section 35 or 35A—

s 44 53 s 44 Transport Legislation Amendment Act 2007 No. 43, 2007 (a) to access information contained on anything found in or at the vehicle; or Example of information contained on a thing — information contained on a disk, tape or other device (b) to decide if anything found in the vehicle may be seized under division 3. ‘(2) The authorised officer, or a person helping the authorised officer, may exercise the power by operating equipment that is— (a) in or at the heavy vehicle; or (b) taken into the vehicle under section 35(2)(g); or (c) where the thing has been moved under subsection (4). ‘(3) However, subsection (2) only applies if the authorised officer or person reasonably believes— (a) the equipment is suitable for exercising the power; and (b) the power can be exercised without damaging the equipment or thing. ‘(4) For exercising a power as mentioned in subsection (1)(b), the authorised officer may move the thing to somewhere else if— (a) it is not practicable to exercise the power in relation to the thing where it is found; or (b) the person in control of the vehicle consents in writing. ‘35C Running or stopping heavy vehicle engine ‘(1) An authorised officer may, to enable the officer to effectively exercise a power under this Act in relation to a heavy vehicle, enter the heavy vehicle and run or stop its engine ( take the prescribed action ) or authorise someone else (the assistant ) to enter the vehicle and take the prescribed action if— (a) a person fails to comply with a requirement made by an authorised officer under section 39 to take the prescribed action; or (b) no responsible person for the heavy vehicle is available or willing to take the prescribed action; or

s 45 54 s 45 Transport Legislation Amendment Act 2007 No. 43, 2007 (c) the authorised officer reasonably believes there is no-one else in or near the heavy vehicle who is more capable of taking the prescribed action and is fit and willing to do so. ‘(2) The authorised officer or assistant may use the force that is reasonably necessary to enter the heavy vehicle and take the prescribed action. ‘(3) Subsection (2) does not authorise an authorised officer or assistant to use force against a person. ‘(4) It is immaterial that— (a) the assistant is not the operator of the heavy vehicle; or (b) the authorised officer or assistant is not— (i) authorised by the operator to drive the heavy vehicle or take the prescribed action; or (ii) qualified to drive the heavy vehicle or take the prescribed action. ‘(5) This section does not authorise the authorised officer or assistant to drive the heavy vehicle. ‘(6) In running the engine, the authorised officer or assistant is exempt from a provision of a transport Act to the extent the provision would require the authorised officer or assistant to be qualified to take the prescribed action.’. 45 Amendment of s 38 (Power to prohibit persons driving) Section 38(1) and (2)— omit, insert — ‘(1) This section applies if— (a) a motor vehicle is stationary on a road or road-related area or has been stopped under section 31 or 32; and (b) an authorised officer reasonably believes a person would contravene this Act by driving the vehicle. ‘(2) The authorised officer may require a person mentioned in paragraph (a) or (b) not to drive the vehicle in contravention of this Act—

s 46 55 s 46 Transport Legislation Amendment Act 2007 No. 43, 2007 (a) for a vehicle other than a heavy vehicle—the person in control of it; or (b) for a heavy vehicle—any person. ‘(2A) The requirement— (a) for a vehicle other than a heavy vehicle—must be given by notice in the approved form; or (b) for a heavy vehicle—may be given orally or in any other way, including, for example, by way of a sign or electronic or other signal.’. 46 Amendment of s 39 (Powers to enable effective and safe exercise of other powers) (1) Section 39(1)— omit, insert — ‘(1) An authorised officer may require a person mentioned in paragraph (a) or (b) to give the officer reasonable help to enable the officer to effectively exercise a power under this Act in relation to a vehicle— (a) for a vehicle other than a heavy vehicle—the person in control of the vehicle; or (b) for a heavy vehicle—a responsible person for the vehicle. Example of requirements for vehicles other than heavy vehicles — to open the vehicle’s bonnet to enable the engine to be inspected Examples of requirements for heavy vehicles — • to hold the heavy vehicle stationary on a weighing device to enable the heavy vehicle to be weighed • to open the heavy vehicle’s bonnet to enable the engine to be inspected • to help the authorised officer to weigh or measure all or part of the heavy vehicle, including an axle or axle group • to help the authorised officer to weigh or measure all or part of the heavy vehicle’s equipment or load • to operate equipment or facilities • to give access, free of charge, to photocopying equipment

s 77 110 s 77 Transport Legislation Amendment Act 2007 No. 43, 2007 (a) the person who has consented to being, and is, named or otherwise identified as the consignor of the goods in the transport documentation for the consignment; or (b) if there is no person as described in paragraph (a), the person who— (i) engages an operator of the heavy vehicle, either directly or through another person, to transport the goods by road; or (ii) has possession of, or control over, the goods immediately before the goods are transported by road; or (iii) loads the heavy vehicle with the goods, for road transport, at a place— (A) where goods in bulk are stored or temporarily held; and (B) that is unattended, other than by the driver or trainee driver of the heavy vehicle or someone else necessary for the normal operation of the heavy vehicle, during loading; or (c) if there is no person as described in paragraph (a) or (b) and the goods are imported into Australia through a place in Queensland, the importer of the goods. container weight declaration — (a) means a written declaration, whether contained in 1 or more documents, stating or purporting to state the weight of a freight container and its contents; and Example — an email, or a placard fixed to the container (b) includes a copy of a declaration mentioned in paragraph (a). corresponding authority means— (a) a government entity of the Commonwealth or another State responsible for administering a corresponding law to a transport Act; or

s 77 111 s 77 Transport Legislation Amendment Act 2007 No. 43, 2007 (b) a person prescribed under a regulation as a corresponding authority for this Act. declared route means a road or part of a road declared under a regulation to be a declared route for this Act. declared zone means an area declared under a regulation to be a declared zone for this Act. dimension requirement , for a heavy vehicle, means a requirement of a transport Act relating to the dimensions of the vehicle or of a load or component of the vehicle, including, for example, the following— (a) the dimensions of the vehicle, disregarding any load on the vehicle; (b) the dimensions of the vehicle including its load; (c) the dimensions of the load on the vehicle; (d) the dimensions by which a load on the vehicle projects from the vehicle; (e) the internal measurements of the vehicle, including, for example, the distance between— (i) components of the vehicle; or (ii) for a combination— (A) vehicles in the combination; or (B) a vehicle in the combination and a component of another vehicle in the combination. drive , in relation to a vehicle or animal, includes ride. driver — (a) means the person driving or in charge of any vehicle, tram, train, vessel, or animal; and (b) includes, in relation to a trailer— (i) the person driving or in charge of the vehicle to or by which the trailer is attached or drawn; and (ii) for chapter 3, part 3, if the trailer was, but is no longer connected to the towing vehicle in a combination—the driver of the towing vehicle in

s 77 112 s 77 Transport Legislation Amendment Act 2007 No. 43, 2007 the combination to or by which the trailer was, or apparently was, last attached or drawn. embargo notice see section 46B(2). employee means an individual who works under a contract of employment, apprenticeship or training. employer means a person who employs someone else under— (a) a contract of employment, apprenticeship or training; or (b) a contract for services. external public authority — (a) means— (i) the Commonwealth, the State or another State; or (ii) an entity established by or under a law of the Commonwealth, the State or another State for a public purpose; or Example — a local government (iii) the holder of an office established by or under a law of the Commonwealth, the State or another State for a public purpose; or (iv) a police force or police service of the Commonwealth or another State; but (b) does not include the department in which this Act is administered or the Queensland Police Service. fit , to drive a heavy vehicle or run or stop its engine, for a person, means the person is— (a) apparently physically and mentally fit to drive the vehicle; and (b) not apparently affected by either or both of the following— (i) alcohol; (ii) a drug that affects a person’s ability to drive; and

s 77 113 s 77 Transport Legislation Amendment Act 2007 No. 43, 2007 (c) not found at any relevant time to have an alcohol concentration in the blood exceeding the amount permitted under this Act. freight container — (a) means— (i) a re-usable container of the kind mentioned in Australian/New Zealand Standard 3711.1 that is designed for repeated use for transporting goods; or (ii) a re-usable container of the same or a similar design and construction to a container mentioned in paragraph (a) though of different dimensions; or (iii) a container of a kind prescribed under a regulation; but (b) does not include anything declared under a regulation not to be a freight container. garage address , of a heavy vehicle, means— (a) for a heavy vehicle normally kept at a depot when not in use—the principal depot of the vehicle; or (b) for a heavy vehicle not normally kept at a depot when not in use— (i) if the vehicle has only 1 registered operator—the registered operator’s home address; or (ii) if the vehicle has more than 1 registered operator—each of the home addresses of the registered operators. goods includes any of the following— (a) merchandise, wares, chattels and money; (b) fluid, metal, stone, timber, and any other article, substance, or material whatsoever; (c) live or dead animals; (d) containers, whether empty or not.

s 77 114 s 77 Transport Legislation Amendment Act 2007 No. 43, 2007 government entity — 1 A government entity means a government department or an agency, authority, commission, corporation, instrumentality, office or other entity, established under an Act for a public or official purpose and includes part of a government entity. 2 If the reference is to a government entity of the Commonwealth or another State paragraph 1 applies as if the reference to an Act were a reference to an Act of the Commonwealth or the other State. gross mass means— (a) for a heavy vehicle, other than a combination, the total of— (i) the unladen mass of the vehicle; and (ii) the mass of the load, if any, in the vehicle; or (b) for a combination, the total of— (i) the unladen mass of all the vehicles in the combination; and (ii) the total mass of the load, if any, in the vehicles. heavy vehicle means a vehicle with a GVM of more than 4.5t, or a combination that includes a vehicle with a GVM of more than 4.5t. heavy vehicle evidence preservation powers means powers that may be exercised under section 26A, 26B, 30A or 40A. home address , of a registered operator, means— (a) for an individual—the individual’s residential address in Australia; or (b) for a body corporate with a registered office in Australia—the address of the registered office; or (c) if neither paragraph (a) nor (b) applies—the address of the registered operator’s principal or only place of business in Australia. intelligent access map means a map in electronic form issued by TCA showing the national road network.

s 77 115 s 77 Transport Legislation Amendment Act 2007 No. 43, 2007 intelligent access program means a program under this Act that allows particular heavy vehicles to have access, or improved access, to the road network in return for monitoring, by an approved intelligent transport system, of the vehicles’ compliance with conditions imposed on the access or improved access. intelligent transport system means a system involving the use of electronic or other technology, whether located in a heavy vehicle or on or near a road or elsewhere, that is able to monitor, generate, record, store, display, analyse, transmit or report information about— (a) any or all of the following— (i) a heavy vehicle, its equipment or load; (ii) the driver of a heavy vehicle; (iii) the operator of a heavy vehicle; (iv) anyone else involved in road transport by use of a heavy vehicle; and (b) without limiting paragraph (a), the compliance or noncompliance of the operation of a heavy vehicle under a transport Act. journey documentation — (a) means a document, other than transport documentation, in any form— (i) directly or indirectly associated with— (A) a transaction for the actual or proposed transport of goods by road by use of a heavy vehicle or any previous transport of the goods in any way; or (B) goods, to the extent the document is relevant to a transaction for their actual or proposed transport; and (ii) whether relating to a particular journey or to journeys generally; and (b) includes, for example, any or all of the following—

s 77 116 s 77 Transport Legislation Amendment Act 2007 No. 43, 2007 (i) a document kept, used or obtained by a responsible person for the heavy vehicle in connection with the transport of the goods; (ii) a workshop, maintenance or repair record relating to a heavy vehicle used, or claimed to be used, for transporting the goods; (iii) a subcontractor’s payment advice relating to the goods or their transport; (iv) records kept, used or obtained by the driver of the heavy vehicle used, or claimed to be used, for transporting the goods; Examples — • a driver’s run sheet • a logbook entry • a fuel docket or receipt • a food receipt • a tollway receipt • a pay record • a mobile or other phone record (v) information reported through the use of an intelligent transport system; (vi) a driver manual or instruction sheet; (vii) an advice resulting from check weighing of the heavy vehicle’s mass or load performed before, during or after a journey. loader , of goods in a heavy vehicle, means a person who— (a) loads the vehicle with the goods for road transport; or (b) loads a bulk container, freight container, or tank that is part of the vehicle, with the goods for road transport; or (c) loads the vehicle with a freight container, whether or not it contains goods, for road transport; or (d) supervises an activity mentioned in any of paragraphs (a) to (c); or

s 77 117 s 77 Transport Legislation Amendment Act 2007 No. 43, 2007 (e) manages or controls an activity mentioned in any of paragraphs (a) to (d). loading requirement , for a heavy vehicle, means a requirement of a transport Act relating to the restraint or positioning of a load or any part of it on the vehicle. mass requirement , for a heavy vehicle, means a requirement of a transport Act relating to the mass of the vehicle or the mass of or on any component of the vehicle, and includes the following— (a) a requirement about mass limits relating to— (i) the tare mass of a heavy vehicle (that is, the actual mass of the vehicle excluding any load in the vehicle); or (ii) the gross mass of a heavy vehicle; or (iii) the mass of the load in a heavy vehicle; or (iv) the mass on a tyre, an axle or an axle group of a heavy vehicle; (b) a requirement of a transport Act about mass limits relating to axle spacing; (c) mass limits set out on signs erected or displayed under a transport Act. Example — a signposted bridge limit minor risk breach means— (a) for a mass or dimension requirement for a heavy vehicle—the subject matter of the breach is less than the substantial risk breach lower limit for the requirement; or (b) for a loading requirement for a heavy vehicle—a breach not involving— (i) a loss or shifting of the load; or (ii) a risk of harm to public safety, the environment, road infrastructure or public amenity. moving expenses , for a vehicle, for chapter 3, part 4C, division 2 and chapter 7, part 10, see section 51H.

s 77 118 s 77 Transport Legislation Amendment Act 2007 No. 43, 2007 operator , of a heavy vehicle, means— (a) for a vehicle, including a vehicle in a combination—the person responsible for controlling or directing the operations of the vehicle; or (b) for a combination—the person responsible for controlling or directing the operations of the towing vehicle in the heavy combination; if the person does not merely do any or all of the following— (c) own or drive the vehicle; (d) maintain, or arrange for the maintenance of, the vehicle; (e) arrange for the registration of the vehicle. packaging — (a) means the container in which goods are received or held for road transport; and (b) includes anything that enables the container to receive or hold the goods or to be closed. packer , of goods, means a person who does any of the following— (a) puts the goods in packaging for road transport; (b) assembles the goods in an outer packaging or unit load for road transport; (c) supervises an activity mentioned in paragraph (a) or (b); (d) manages or controls an activity mentioned in paragraph (a), (b) or (c). person in control , of a vehicle, includes the following— (a) the driver of the vehicle; (b) the person who reasonably appears to be the driver of the vehicle; (c) the person who appears to be, claims to be, or acts as if he or she is, in control of the vehicle; (d) for a heavy vehicle—a two-up driver of the heavy vehicle who is in or near the heavy vehicle. post-entry approval order see section 29A(1).

s 77 119 s 77 Transport Legislation Amendment Act 2007 No. 43, 2007 prescribed heavy vehicle — (a) means any of the following— (i) a vehicle with a GVM of more than 4.5t; (ii) a public passenger vehicle; (iii) another vehicle providing services on a road for which a licence is required under a transport Act; (iv) a vehicle transporting dangerous goods if a regulation applies to the transport of the dangerous goods; (vi) a vehicle used for driver training for reward; and (b) includes a combination that includes a vehicle mentioned in paragraph (a). prescribed road , for chapter 3, part 4C and sections 210 and 211, means a franchised road or a State-controlled road under the Transport Infrastructure Act 1994 . qualified , to drive a heavy vehicle or run or stop its engine, for a person, means the person— (a) holds a driver licence that is of the appropriate class to drive the vehicle and is not suspended; and (b) is not prevented under a law, including, for example, by the conditions of the driver licence, from driving the vehicle at the relevant time. reasonable steps defence means the defence mentioned in section 57D. reasonably believe means believe on grounds that are reasonable in the circumstances. reasonably suspect means suspect on grounds that are reasonable in the circumstances. responsible entity , for a freight container, means— (a) the person who, in Australia, consigned the container for road transport in Queensland by use of a heavy vehicle; or (b) if there is no person as described in paragraph (a)—the person who, in Australia, for the consignor, arranged for

s 77 120 s 77 Transport Legislation Amendment Act 2007 No. 43, 2007 the container’s road transport in Queensland by use of a heavy vehicle; or (c) if there is no person as described in paragraph (a) or (b)—the person who, in Australia, physically offered the container for road transport in Queensland by use of a heavy vehicle. responsible person , for a heavy vehicle, means a person having, at a relevant time, a role or responsibility associated with road transport by use of the vehicle, and includes any of the following— (a) an owner of the heavy vehicle or, if it is a heavy combination, the owner of a heavy vehicle forming part of the combination; (b) the person in control of the heavy vehicle; (c) a person who is instructing a learner driver of the heavy vehicle; (d) an operator or registered operator of the heavy vehicle; (e) a person in charge or apparently in charge of— (i) the heavy vehicle’s garage address; or (ii) a base of a driver of the heavy vehicle; (f) a person appointed under an alternative compliance scheme to have monitoring or other responsibilities under the scheme, including, for example, responsibilities for certifying, monitoring or approving the heavy vehicle under the scheme; (g) a person who provides to the owner or the registered operator of the heavy vehicle an intelligent transport system for the vehicle; (h) other than in section 26A—a person in charge of a place entered by an authorised officer under this Act for exercising a power under this Act in relation to the heavy vehicle; (i) the consignor of goods for transport by use of the heavy vehicle;

s 77 121 s 77 Transport Legislation Amendment Act 2007 No. 43, 2007 (j) the packer of goods in a freight container or other container or in a package or on a pallet for road transport by use of the heavy vehicle; (k) the loader of goods or a container on the heavy vehicle for road transport; (l) a person who unloads goods or a container containing goods consigned for road transport by use of the heavy vehicle; (m) a person to whom goods are consigned for road transport by use of the heavy vehicle; (n) a person who receives goods packed outside Australia in a freight container or other container or on a pallet for road transport in Australia by use of the heavy vehicle; (o) an owner or operator of a weighbridge or weighing facility used to weigh the heavy vehicle, or an occupier of the place where the weighbridge or weighing facility is located; (p) a responsible entity for a freight container on the heavy vehicle; (q) a person who controls or directly influences the loading or operation of the heavy vehicle; (r) an agent, employer, employee or subcontractor of a person referred to in any of paragraphs (a) to (q). risk category , for a contravention of a mass, dimension or loading requirement, means 1 of the following categories— (a) minor risk breach; (b) substantial risk breach; (c) severe risk breach. road-related area has the meaning given under a regulation. Editor’s note — See section 13 of the Queensland Road Rules. severe risk breach — (a) of a mass requirement for a heavy vehicle—see section 162A; or

s 77 122 s 77 Transport Legislation Amendment Act 2007 No. 43, 2007 (b) of a dimension requirement for a heavy vehicle—see section 162B; or (c) of a loading requirement for a heavy vehicle—see section 162C. severe risk breach lower limit means— (a) for a mass requirement for a heavy vehicle, a gross mass equalling 120% of the maximum mass (rounded up to the nearest 0.1t) permitted for the vehicle under this Act; or (b) for a dimension requirement for a heavy vehicle— (i) relating to its length—the length equalling the maximum length permitted for the vehicle under this Act plus 600mm; or (ii) relating to its width—the width equalling the maximum width permitted for the vehicle under this Act plus 80mm; or (iii) relating to its height—the height equalling the maximum height permitted for the vehicle under this Act plus 300mm; or (iv) relating to its load projection—the projection of any load on the vehicle equalling the maximum load projection permitted from either side of the vehicle under this Act plus 80mm. substantial risk breach means— (a) for a mass or dimension requirement for a heavy vehicle, a contravention of the requirement that is— (i) equal to or greater than a substantial risk breach lower limit for the requirement; and (ii) less than the severe risk breach lower limit for the requirement; or (b) for a loading requirement for a heavy vehicle— (i) a contravention of the requirement involving a loss or shifting of the load not involving a risk of harm to public safety, the environment, road infrastructure or public amenity; or

s 77 123 s 77 Transport Legislation Amendment Act 2007 No. 43, 2007 (ii) a contravention of the requirement not involving, but likely to involve, a loss or shifting of the load involving a risk of harm to public safety, the environment, road infrastructure or public amenity. substantial risk breach lower limit means— (a) for a mass requirement for a heavy vehicle, a gross mass equalling 105% of the maximum mass (rounded up to the nearest 0.1t) permitted for the vehicle under this Act; or (b) for a dimension requirement for a heavy vehicle— (i) relating to its length—the length equalling the maximum length permitted for the vehicle under this Act plus 350mm; or (ii) relating to its width—the width equalling the maximum width permitted for the vehicle under this Act plus 40mm; or (iii) relating to its height—the height equalling the maximum height permitted for the vehicle under this Act plus 150mm; or (iv) relating to its load projection—the projection of any load on the vehicle equalling the maximum load projection permitted from either side of the vehicle under this Act plus 40mm. TCA means Transport Certification Australia Limited ACN 113 379 936. transport documentation means— (a) each contractual document directly or indirectly associated with— (i) a transaction for the actual or proposed road transport of goods or any previous transport of the goods by any transport method; or (ii) goods, to the extent the document is relevant to the transaction for their actual or proposed road transport; or (b) each document—

s 77 124 s 77 Transport Legislation Amendment Act 2007 No. 43, 2007 (i) contemplated in a contractual document mentioned in paragraph (a); or (ii) required by law, or customarily given, in connection with a contractual document or transaction mentioned in paragraph (a). Examples — • a bill of lading • a consignment note • a container weight declaration • a contract of carriage • a delivery order • an export receival advice • an invoice • a load manifest • a sea carriage document • a vendor declaration two-up driver , for a heavy vehicle, means a person accompanying the vehicle’s driver on a journey or part of a journey, who has been, is or will be, sharing the task of driving the vehicle during the journey. unattended , for a heavy vehicle, for sections 33B, 33C and 35A, means— (a) there is no-one in or near the vehicle who appears to be its driver; or (b) there is a person in or near the vehicle who appears to be its driver but the person is— (i) unwilling, or not qualified or fit, to drive the vehicle; or (ii) not authorised by the operator of the vehicle to drive it; or (iii) subject to a requirement under section 38(2) not to drive it.

s 78 125 s 78 Transport Legislation Amendment Act 2007 No. 43, 2007 unit load means a load of goods that are— (a) wrapped in plastic and strapped or otherwise secured to a pallet or other base and to each other for transport; or (b) placed together in a protective outer container, other than a freight container, for transport; or (c) secured together in a sling for transport.’. (3) Schedule 4, definition owner , paragraph (b)(ii), before ‘hiring’— insert— ‘credit agreement,’. (4) Schedule 4, definition private vehicle , before ‘heavy’— insert — ‘prescribed’. (5) Schedule 4, definition registered operator , after ‘operator’— insert — ‘, of a vehicle,’. Division 3 Other amendments 78 Amendment of s 62 (Proceedings for offences) (1) Section 62(2), ‘The’— omit, insert — ‘Subject to subsection (2A), the’. (2) Section 62— insert — ‘(2A) If the proceeding is for an offence against section 92(1) in relation to an incident that happened after the commencement of this subsection that involves injury to or death of a person, the proceeding must start within 5 years after the offence was committed.’.

s 79 126 s 82 Transport Legislation Amendment Act 2007 No. 43, 2007 79 Amendment of s 79B (Immediate suspension or disqualification) (1) Section 79B(1)(ca), after ‘79(2)’— insert— ‘, (2AA)’. (2) Section 79B(1)(d), from ‘and the following’ to ‘no alcohol limit’— omit. 80 Amendment of s 118 (Photographic evidence—inspection and challenges) Section 118— insert— ‘(5) A notice under subsection (4) must be in the approved form and must also state the grounds on which the person intends to rely to challenge the image from the photographic detection device.’. 81 Amendment of s 119 (Notice of dispute about traffic control device or sign) Section 119— insert— ‘(2) A notice under subsection (1) must be in the approved form and must also state the grounds on which the person intends to rely to dispute that a traffic control device or sign was functioning without defect or was visible.’. 82 Amendment of s 124 (Facilitation of proof) Section 124(5)— omit, insert— ‘ (5) The notice must be in the approved form and must— (a) be signed by the defendant; and

s 83 127 s 84 Transport Legislation Amendment Act 2007 No. 43, 2007 (b) state the grounds on which the defendant intends to rely to challenge a matter mentioned in subsection (4)(a) or (b); and (c) be given at least 14 days before the day fixed for the hearing.’. 83 Insertion of new s 124A After section 124— insert — ‘124A Additional ground of challenge not stated in written notice required under particular provisions ‘(1) This section applies to a hearing in relation to which a person has given a written notice under section 61E(2), 61F(5), 61G(4), 80(27), 118(4), 119(1) or 124(4). ‘(2) The requirement mentioned in section 61E(3), 61F(6), 61G(5), 80(27)(c), 118(5), 119(2) or 124(5) to state in the written notice the grounds on which the person intends to challenge the evidence mentioned in that subsection does not prevent the person from raising a ground at the hearing to challenge the evidence if— (a) the person did not know the ground before the hearing; and (b) as far as the ground was able to be found out by the person—the person took all reasonable steps to find out the ground before the hearing. ‘(3) If a person raises a ground at the hearing that was not stated in a written notice under section 61E(2), 61F(5), 61G(4), 80(27), 118(4), 119(1) or 124(4), the court may adjourn the hearing to the time, and on the terms as to costs, the court considers appropriate. ‘(4) Subsection (3) does not limit the powers of the court.’. 84 Amendment of s 171 (Regulation-making power) Section 171(4)— omit, insert—

s 85 128 s 86 Transport Legislation Amendment Act 2007 No. 43, 2007 ‘(4) A regulation may enact provisions for the State that are the same as, or substantially similar to, model legislation or road transport legislation within the meaning of the National Transport Commission Act 2003 (Cwlth).’. 85 Amendment of ch 7 hdg (Transitional provisions) Chapter 7, heading, after ‘Transitional’— insert— ‘ and validation ’. 86 Insertion of new ch 7, pt 11 Chapter 7— insert— ‘Part 11 Validating provisions ‘213 Validation provision for section 171(4) ‘(1) A regulation made under section 171(4) that was in force immediately before the commencement of this section, including a regulation made after the repeal of the National Road Transport Commission Act 1991 (Cwlth), is, and always has been, as effective as it would be if the National Road Transport Commission Act 1991 (Cwlth) had not been repealed. ‘(2) From the commencement of this section, a regulation that is effective under subsection (1) is taken to be the same as, or substantially similar to, model legislation or road transport legislation within the meaning of the National Transport Commission Act 2003 (Cwlth). ‘214 Validation of particular codes of practice ‘(1) The Code of Practice—Light Vehicles as originally made is, and is taken to have always been, as valid as it would be if the Code of Practice had been approved by the chief executive on 1 January 1992.

s 87 129 s 87 Transport Legislation Amendment Act 2007 No. 43, 2007 ‘(2) The Code of Practice—Commercial Motor Vehicle Modifications as originally made is, and is taken to have always been, as valid as it would be if the Code of Practice had been approved by the chief executive on 1 July 1990. ‘(3) The National Code of Practice—Heavy Vehicle Modifications as originally made is, and is taken to have always been, as valid as it would be if the Code of Practice had been approved by the chief executive on 1 December 1993. ‘215 Validation of amendments of particular codes of practice ‘To remove any doubt, it is declared that an amendment of a code of practice mentioned in section 214 that was made after 1 July 1990 and before 26 July 2006 and was not approved by the chief executive is, and is taken to have always been, as valid as it would be if the amendment had been approved by the chief executive on the date the amendment was made. ‘216 Validation of certain acts etc. ‘To remove any doubt, it is declared that all acts, matters and things done in reliance on a code of practice mentioned in section 214 or an amendment of a code of practice mentioned in section 215, are taken to be, and always to have been, as valid and effective as they would be if the code of practice or amendment had been approved by the chief executive on the date as mentioned in section 214 or 215.’. 87 Amendment of sch 4 (Dictionary) (1) Schedule 4, definition bicycle — omit. (2) Schedule 4— insert— ‘ bicycle means a vehicle with 2 or more wheels that is built to be propelled by human power through a belt, chain or gears, whether or not it has an auxiliary motor, and— (a) includes a pedicab, penny-farthing and tricycle; but

s 87 130 s 87 Transport Legislation Amendment Act 2007 No. 43, 2007 (b) does not include a wheelchair, wheeled recreational device, wheeled toy, or any vehicle with— (i) an auxiliary motor capable of generating a power output over 200 watts, whether or not the motor is operating; or (ii) an auxiliary motor that is an internal combustion engine.’. (3) Schedule 4— insert— ‘ motorised scooter means a scooter that is propelled by 1 or more electric motors and complies with the requirements in paragraph (e) of the definition scooter . scooter means a device that— (a) has 2 or more wheels and a footboard supported by the wheels; and (b) is steered by handlebars; and (c) is designed to be used by a single person; and (d) is propelled by any 1 or more of the following— (i) gravity; (ii) the user pushing 1 foot against the ground; (iii) an electric motor or motors; and (e) if it is fitted with an electric motor or motors (whether the motor or motors are part of, or attached to, the device), complies with the following requirements— (i) the maximum power output of the motor, or the combined maximum power output of the motors, is not more than 200 watts; (ii) when propelled only by the motor or motors, the scooter is not capable of going faster than 10 km/h on level ground.’. (4) Schedule 4, definition scooter , paragraph (e), subparagraphs (i) and (ii)— omit, insert —

s 87 131 s 87 Transport Legislation Amendment Act 2007 No. 43, 2007 ‘(i) its maker certifies (either by means of a plate attached to the motor or each motor, or by means of engraving on the motor or each motor) the ungoverned power output of the motor, or each motor; (ii) the maximum power output of the motor, or the combined maximum power output of the motors, is not more than 200 watts; (iii) when propelled only by the motor or motors, the scooter is not capable of going faster than 10 km/h on level ground.’. (5) Schedule 4, definition motor vehicle , after ‘a vehicle’— insert— ‘, other than a motorised scooter,’. (6) Schedule 4, definition transport Act , paragraph (c)— insert— ‘• section 40 (Power to seize evidence) • section 43 (Forfeiture of seized things)’. (7) Schedule 4, definition wheeled recreational device , paragraph (b), from ‘(whether’ to ‘operating)’— omit, insert— ‘(other than a motorised scooter) whether or not the motor is operating’. (8) Schedule 4, definition wheeled toy , after ‘scooter’— insert — ‘(other than a motorised scooter)’.

s 88 132 s 90 Transport Legislation Amendment Act 2007 No. 43, 2007 Part 7 Amendment of Transport Planning and Coordination Act 1994 88 Act amended in pt 7 This part amends the TransportPlanningandCoordinationAct 1994. 89 Amendment of s 3 (Definitions) (1) Section 3— insert— ‘ franchised road see the Transport Infrastructure Act 1994 , schedule 6. toll road see the TransportInfrastructureAct1994 , section 92.’. (2) Section 3, definition transport land , paragraph (b)(ii)— omit, insert— ‘(ii) franchised road or toll road purposes; or’. 90 Amendment of s 27 (Power of chief executive to lease, sell or otherwise dispose of land) (1) Section 27(1)— insert— ‘(aa) if the land is for franchised road or toll road purposes—to any person for franchised road or toll road purposes; or’. (2) Section 27(1)(c), from ‘paragraph (a)’ to ‘franchisee’— omit, insert— ‘paragraph (aa), (a) or (b)—to a transport GOC’. (3) Section 27— insert—

s 91 133 s 92 Transport Legislation Amendment Act 2007 No. 43, 2007 ‘(3) To remove any doubt, it is declared that the power of the chief executive to acquire land by resumption or otherwise under this part applies even if the acquisition is carried out with the intention of disposing of land— (a) under subsection (1); or (b) as mentioned in subsection (1)(aa) to (c) under the Transport Infrastructure Act 1994 , section 84C, 240 or 355. ‘(4) Subsection (3) does not limit the power to acquire land under this part.’. 91 Amendment of s 28B (Busway land acquisition) Section 28B(4) to (6)— omit . 92 Insertion of new s 28BA After section 28B— insert— ‘28BA Further provisions relating to land acquisitions for busways on or after 13 October 2000 ‘(1) This section applies to a land acquisition that— (a) happened on or after 13 October 2000 and before the relevant date; or (b) happens after the relevant date if— (i) the notice of intention to resume for the land acquisition was served on or after 13 October 2000 and before the relevant date; or (ii) the date of the agreement for the land acquisition was on or after 13 October 2000 and earlier than the relevant date. ‘(2) It is declared that the validity and effectiveness of the land acquisition was not, and is not, affected by— (a) whether the constructing authority was or is, or purported or purports to be—

s 92 134 s 92 Transport Legislation Amendment Act 2007 No. 43, 2007 (i) the chief executive with administrative responsibilities concerning matters connected with transport infrastructure; or (ii) the chief executive with administrative responsibilities concerning matters connected with roads; or (b) for the application of the Acquisition Act, section 9 or 15—whether the person assuming the role of Minister was or is the Minister mentioned in the Acquisition Act, section 9(1), definition Minister , paragraph (b) or another Minister. ‘(3) It is declared that, despite anything done for the land acquisition, the constructing authority for the acquisition is taken to be, and always to have been, the chief executive with administrative responsibilities concerning matters connected with roads. ‘(4) In this section— relevant date means the date of the commencement of this section.’.

135 Transport Legislation Amendment Act 2007 No. 43, 2007 Schedule Minor amendments of Transport Operations (RoadUse Management) Act 1995 section 33 1 Section 18— insert — ‘(2) In this section— operator see section 15(1).’. 2 Section 20(4), ‘person’— omit, insert — ‘officer’. 3 Chapter 3, part 3, heading, after ‘officers’— insert — ‘ and other persons ’. 4 Chapter 3, part 3, division 2, before section 31— insert — ‘Subdivision 1 Stopping vehicles’. 5 Sections 32, 33(4)(b) and (5), 35(1)(b) and (e), 37(2), penalty, paragraph (b), 37(3), penalty, paragraph (b), 38(3), penalty, paragraph (b), 39(3), penalty, paragraph (b), 50(1), definition information offence , paragraph (a)(i), 148, example, paragraph (a) and 150(1)(g)(i) and schedule 4, definition transport Act , entry for section 32, before ‘heavy’— insert — ‘prescribed’.

136 Transport Legislation Amendment Act 2007 No. 43, 2007 Schedule (continued) 6 Section 32(4), examples— omit, insert — ‘ Examples — • a requirement to change lanes • a requirement to exit a motorway at a particular exit • a requirement to enter a prescribed heavy vehicle inspection site’. 7 Before section 33— insert — ‘Subdivision 2 Moving vehicles’. 8 Before section 34— insert — ‘Subdivision 3 Other powers for vehicles’. 9 Section 35(2)(c), after ‘measure,’— insert — ‘weigh,’. 10 Section 35(2)(e), ‘copy’— omit, insert — ‘copy, or take an extract from,’. 11 Section 37(1)(b), examples— omit, insert — ‘ Examples of action that may be reasonable for paragraph (b) — • adjusting or moving the vehicle’s load • carrying out stated repairs to the vehicle and having the vehicle inspected at a stated place to ensure it complies with this Act’.

137 Transport Legislation Amendment Act 2007 No. 43, 2007 Schedule (continued) 12 Section 41(1)(b), examples— omit, insert — ‘ Examples of restricting access to a thing — • sealing a thing and marking it to show access to it is restricted • sealing the entrance to a room where the seized thing is situated and marking it to show access to it is restricted’. 13 Section 48(1)(b), ‘suspect, on reasonable grounds,’— omit, insert — ‘reasonably suspect’. 14 Section 48(4), ‘suspects, on reasonable grounds,’— omit, insert — ‘reasonably suspects’. 15 Section 50, heading— omit, insert — ‘50 Authorised officer’s power to require information for information offence’. 16 Chapter 3, part 5, division 1, before section 52— insert — ‘Subdivision 1 General’. 17 Sections 57(4)(a) and 57A(3)(a), ‘exercised reasonable diligence and took’— omit, insert — ‘took all’.

138 Transport Legislation Amendment Act 2007 No. 43, 2007 Schedule (continued) 18 Section 57B(2A), ‘driver or other person’— omit, insert — ‘person in control’. 19 Section 63(1)(b), after ‘direction’— insert — ‘or authorisation’. 20 Section 80(2), (2A) and (6)(aa), ‘suspects on reasonable grounds’— omit, insert — ‘reasonably suspects’. 21 Section 100(1)— insert — ‘ Editor’s note — See also section 51G which deals with the chief executive’s power to move a vehicle on a prescribed road.’. 22 Chapter 5B, heading— omit, insert — ‘Chapter 5B Severe risk breach of mass, dimension or loading requirement for heavy vehicle’. 23 Section 167(1)(f), after ‘direction’— insert — ‘or authorisation’.

139 Transport Legislation Amendment Act 2007 No. 43, 2007 Schedule (continued) 24 Section 170(1)— insert — ‘ Editor’s note — See chapter 5, part 7, division 2 for other provisions about camera-detected offences.’. 25 Section 170(2), ‘operator’, second mention— omit, insert — ‘operator,’. 26 Chapter 7, part 8, heading, ‘provisions’— omit, insert — ‘ provision ’. © State of Queensland 2007