Transport Legislation (New Queensland Driver Licensing) and Other Legislation Amendment Regulation (No. 1) 2010 (Qld)

Queensland Transport Legislation (New Queensland Driver Licensing) and Other Legislation Amendment Regulation (No. 1) 2010 Subordinate Legislation 2010 No. 189 made under the Adult Proof of Age Card Act 2008 Liquor Act 1992 Tow Truck Act 1973 Transport Operations (Marine Safety) Act 1994 Transport Operations (Passenger Transport) Act 1994 Transport Operations (Road Use Management) Act 1995 Transport Planning and Coordination Act 1994 Contents Part 1 1 2 Part 2 3 4 Part 3 5 6 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Amendment of Adult Proof of Age Card Regulation 2010 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Insertion of new ss 4–7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 4 Adult proof of age card not received in post . . . . . . . . 12 5 Change of name and address . . . . . . . . . . . . . . . . . . 13 6 Notifiable events under other Acts . . . . . . . . . . . . . . . 14 7 Dealing with superseded adult proof of age card . . . . 14 Amendment of Tow Truck Regulation 2009 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Amendment of s 4 (Eligibility to apply for a driver’s certificate) . . 15

Transport Legislation (New Queensland Driver Licensing) and Other Legislation Amendment Regulation (No. 1) 2010 Contents 7 8 9 10 11 12 13 14 15 16 17 Part 4 18 19 20 Page 2 Insertion of new ss 10A–10D . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10A Form of certificate notice . . . . . . . . . . . . . . . . . . . . . . 10B General provisions about certificate notice . . . . . . . . 10C Expressions on certificate notice . . . . . . . . . . . . . . . . 10D Codes on certificate notice . . . . . . . . . . . . . . . . . . . . . Amendment of s 11 (Identity card for holder of a certificate) . . . . Replacement of ss 12 and 13. . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Holder to sign written notice or permit document . . . . 13 Application by holder for replacement document . . . . 13A Chief executive may require document evidencing granting of approval to be replaced . . . . . . . . . . . . . . 13B Upgrading to smartcard certificate . . . . . . . . . . . . . . . Replacement of s 15 (Change of name and address) . . . . . . . . . 14A Notifying chief executive if document evidencing granting of approval damaged, lost or stolen . . . . . . . 15 Change of name and address . . . . . . . . . . . . . . . . . . Insertion of new s 15B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15B Notifiable events under other Acts . . . . . . . . . . . . . . . Replacement of s 17 (Certificate or miscellaneous permit to be carried) ...................................... 17 Documents to be carried . . . . . . . . . . . . . . . . . . . . . . Replacement of ss 23 and 24. . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Damaging a document . . . . . . . . . . . . . . . . . . . . . . . . 24 Chief executive may direct superseded document to be destroyed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24A Only 1 certificate to be held at the same time . . . . . . 24B Possessing another person’s document. . . . . . . . . . . 24C Document purporting to be certificate notice or permit document. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 32 (Towing charges) . . . . . . . . . . . . . . . . . . . . . Amendment of sch 2 (Fees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 3 (Maximum towing charges) . . . . . . . . . . . . Amendment of sch 5 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Transport Operations (Marine Safety) Regulation 2004 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Replacement of pt 6, div 1, hdg (Interpretation) . . . . . . . . . . . . . . Amendment of s 147 (Definition for pt 6) . . . . . . . . . . . . . . . . . . . 15 15 16 16 17 17 18 18 18 19 20 20 21 21 22 22 23 23 24 24 24 24 25 25 25 26 26 26 27 28 28 2010 SL No. 189

Transport Legislation (New Queensland Driver Licensing) and Other Legislation Amendment Regulation (No. 1) 2010 Contents 21 Insertion of new pt 6, div 1, sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . 28 Subdivision 2 Application of divisions 2 to 6 148A Application of divs 2–6 . . . . . . . . . . . . . . . . . . . . . . . . 28 22 Amendment of s 151 (Issuing of authority if application granted) 28 23 Insertion of new pt 6, div 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Division 8 Marine licences and marine licence indicators 174A Application of div 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 174B Application of divs 2–6 to marine licences and marine licence indicators . . . . . . . . . . . . . . . . . . . . . . 29 24 Amendment of s 224 (Refund of fees if application is refused) . . 29 25 Insertion of new sch 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Schedule 4A Application of part 6, divisions 2 to 6 to marine licences Division 2 How marine licence or marine licence indicator is obtained 149 Making the application . . . . . . . . . . . . . . . . . . . . . . . . 30 150 Administering agency to decide application within 30 days . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 151 Giving of marine licence indicator if application granted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 152 Term of marine licence and smartcard marine licence indicator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 153 (omitted) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 154 Refusal of application for marine licence or marine licence indicator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 155 Grant of marine licence on conditions . . . . . . . . . . . . 32 Division 3 Renewal of smartcard marine licence indicator 156 Renewal of smartcard marine licence indicator . . . . . 33 157 Div 2 applies to application for renewal . . . . . . . . . . . 33 Division 4 Amendment of marine licence 158 Amendment of marine licence at holder’s request . . . 34 159 Div 2 applies to application for amendment . . . . . . . . 34 160 Amendment of marine licence on administering agency’s initiative . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 161 When amendment of marine licence takes effect. . . . 36 162 Marine licence indicator to be returned (words omitted) after amendment of marine licence or for correction . . . . . . . . . . . . . . . . . . . . . . . . . . 36 2010 SL No. 189 Page 3

Transport Legislation (New Queensland Driver Licensing) and Other Legislation Amendment Regulation (No. 1) 2010 Contents Page 4 Division 5 Suspension and cancellation of marine licences 163 Grounds for suspension or cancellation of marine licences .......................... 164 Procedure for suspension or cancellation . . . . . . . . . 165 Action by general manager after marine incident . . . . 166 Extension of term of suspension or amendment after marine incident . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167 (omitted) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168 When smartcard marine licence indicator is required to be returned after marine licence suspended or cancelled .......................... Division 5A Particular provisions about restricted licences and licence disqualifications 168A Application for variation of restrictions—Act, s 202K . 168B Notice about application for removal of disqualification—Act, s 202L ............... Division 6 Other provisions about marine licences 169 Holder to notify change of name and address . . . . . . 169A Replacement label . . . . . . . . . . . . . . . . . . . . . . . . . . . 170 Keeping of marine licence . . . . . . . . . . . . . . . . . . . . . 170A Damaging or changing marine licence indicator . . . . 170B Administering agency may direct superseded marine licence indicator to be destroyed . . . . . . . . . . . . . . . . 171 Replacement of marine licence indicator . . . . . . . . . . 171A (omitted) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172 Surrender of marine licence . . . . . . . . . . . . . . . . . . . . 172A Only 1 marine licence of the same class to be held at the same time. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172B Form of marine licence indicator . . . . . . . . . . . . . . . . 172C Codes on marine licence indicators including marine licence indicator receipts . . . . . . . . . . . . . . . . . . . . . . 172D Expiry of smartcard marine licence indicator . . . . . . . 172E Renewal of smartcard marine licence indicator by electronic communication . . . . . . . . . . . . . . . . . . . . . . 172F Notifiable events under other Acts . . . . . . . . . . . . . . . 172G Possessing another person’s smartcard marine licence indicator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172H Document purporting to be smartcard marine licence indicator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 38 39 41 42 42 42 43 43 44 44 44 45 45 45 46 46 46 47 47 47 48 49 49 2010 SL No. 189

26 27 Part 5 28 29 30 31 32 33 34 35 36 37 38 39 Transport Legislation (New Queensland Driver Licensing) and Other Legislation Amendment Regulation (No. 1) 2010 Contents 172I Exemption from marine licence fee for particular applicants for marine licence indicators . . . . . . . . . . . Amendment of sch 10 (Fees, charges and related matters) . . . . Amendment of sch 15 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Transport Operations (Passenger Transport) Regulation 2005 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 20 (Application for grant or renewal of driver authorisation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 21 (Deciding application). . . . . . . . . . . . . . . . . . Insertion of new ss 21A–21D . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21A Form of authorising document . . . . . . . . . . . . . . . . . . 21B General provisions about authorising documents . . . 21C Expressions on authorising documents . . . . . . . . . . . 21D Codes on authorising documents. . . . . . . . . . . . . . . . Amendment of s 24 (Refusal of driver authorisation—Act, s 29) . Amendment of s 28 (Amendment, suspension and cancellation of driver authorisation—Act, s 32) . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 30 (Immediate amendment and suspension of driver authorisation—Act, s 32) . . . . . . . . . . . . . . . . . . . . . . . . . . Replacement of s 35 (Return of document evidencing driver authorisation if amended). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Chief executive may require authorising document to be replaced. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35A Voluntary surrender of driver authorisation . . . . . . . . Amendment of s 36 (Return of evidence of driver authorisation if cancelled or suspended) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new ss 37A–37C . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37A Notification of damage, loss or theft of authorising document .......................... 37B Application for replacement authorising document . . 37C Upgrading to smartcard driver authorisation . . . . . . . Replacement of s 38 (Other amendments of driver authorisation) 38 Other amendments of driver authorisation . . . . . . . . . Insertion of new ss 43A–43F . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43A Damaging authorising document . . . . . . . . . . . . . . . . 43B Chief executive may direct superseded authorising document to be destroyed . . . . . . . . . . . . . . . . . . . . . 49 50 50 52 52 52 53 53 53 54 55 55 55 55 56 56 57 57 58 58 58 59 59 59 60 60 60 2010 SL No. 189 Page 5

Transport Legislation (New Queensland Driver Licensing) and Other Legislation Amendment Regulation (No. 1) 2010 Contents 40 41 Part 6 42 43 44 45 46 47 48 49 50 51 52 Page 6 43C Driver authorisation may only be held in the driver’s name ............................... 43D Possessing another person’s authorising document . 43E Document purporting to be authorising document . . . 43F Notifiable events under other Acts . . . . . . . . . . . . . . . Amendment of s 143 (Change of name and address) . . . . . . . . . Amendment of sch 11 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2005 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Replacement of pt 2, hdg (Accredited persons) . . . . . . . . . . . . . . Part 2 Accredited persons other than driver trainers and rider trainers Division 1A Application of part 2 3A Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Replacement of ss 5 and 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Decision on application . . . . . . . . . . . . . . . . . . . . . . . 6 Notice of granting of application . . . . . . . . . . . . . . . . . Amendment of s 7 (Refusing application) . . . . . . . . . . . . . . . . . . Amendment of s 8 (Statutory conditions on appointment) . . . . . . Replacement of s 9 (Accreditation documents and identity cards) ...................................... 9 Duration of accreditation . . . . . . . . . . . . . . . . . . . . . . 9A Renewal of accreditation . . . . . . . . . . . . . . . . . . . . . . 9B Application of ss 5–8 to renewal of accreditation . . . . Amendment of s 10 (Display of accreditation document or identity card) .................................. Replacement of ss 11–13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Accreditation dependent on driver licence . . . . . . . . . 12 Voluntary surrender of accreditation. . . . . . . . . . . . . . 13 Return of accreditation document or identity card . . . Amendment of s 15 (Employer’s duty) . . . . . . . . . . . . . . . . . . . . . Relocation and renumbering of s 16 (Only accredited person to be employed or engaged as traffic controller) . . . . . . . . . . . . . . . Insertion of new pt 3, div 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 1A Application of part 3 29A Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 61 61 62 62 63 64 64 64 64 65 65 66 66 66 66 66 67 67 68 68 68 69 69 69 70 70 2010 SL No. 189

Transport Legislation (New Queensland Driver Licensing) and Other Legislation Amendment Regulation (No. 1) 2010 Contents 53 Amendment of s 35 (Accrediting driver trainers) . . . . . . . . . . . . . 70 54 Amendment of s 36 (Accrediting rider trainers) . . . . . . . . . . . . . . 70 55 Omission of s 37 (Definition for div 3). . . . . . . . . . . . . . . . . . . . . . 71 56 Replacement of s 39 (Deciding application for accreditation) . . . 71 39 Decision on application . . . . . . . . . . . . . . . . . . . . . . . 71 57 Amendment, relocation and renumbering of s 40 (Statutory conditions on accreditation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 58 Replacement of ss 41 and 42. . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 41 Notice of granting of accreditation . . . . . . . . . . . . . . . 72 59 Amendment of s 44 (Duration of accreditation) . . . . . . . . . . . . . . 72 60 Amendment of s 45 (Renewal of accreditation) . . . . . . . . . . . . . . 73 61 Amendment of s 46 (Application of declared sections to renewal of accreditation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 62 Omission of ss 47 and 48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 63 Replacement of ss 51 and 52. . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 51 Voluntary surrender of accreditation. . . . . . . . . . . . . . 74 52 Return of accreditation document or identity card . . . 74 64 Replacement of s 62 (Display of identity card) . . . . . . . . . . . . . . . 74 62 Display of accreditation document or identity card . . . 75 65 Insertion of new pt 3A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 Part 3A Accreditation documents and identity cards for accredited persons 67A Application of pt 3A . . . . . . . . . . . . . . . . . . . . . . . . . . 75 67B Only 1 accreditation of the same type to be held at the same time. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 67C Form of accreditation document. . . . . . . . . . . . . . . . . 76 67D General provisions about accreditation documents . . 76 67E Expressions on accreditation documents. . . . . . . . . . 77 67F Codes on accreditation documents . . . . . . . . . . . . . . 78 67G Identity cards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 67H Application by accredited person for replacement accreditation document . . . . . . . . . . . . . . . . . . . . . . . 79 67I Upgrading to smartcard accreditation document . . . . 80 67J Chief executive may require smartcard accreditation document to be replaced . . . . . . . . . . . . . . . . . . . . . . 81 67K Notifying chief executive if accreditation document damaged, lost or stolen . . . . . . . . . . . . . . . . . . . . . . . 81 67L Change of name and address . . . . . . . . . . . . . . . . . . 82 2010 SL No. 189 Page 7

Transport Legislation (New Queensland Driver Licensing) and Other Legislation Amendment Regulation (No. 1) 2010 Contents 66 67 68 69 70 Part 7 71 72 73 74 75 76 77 78 79 80 Page 8 67M Notifiable events under other Acts . . . . . . . . . . . . . . . 67N Possessing another person’s accreditation document or identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67O Document purporting to be accreditation document or identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67P Damaging accreditation document or identify card . . 67Q Chief executive may direct superseded accreditation document or identity card to be destroyed . . . . . . . . . Insertion of new s 115A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115A Refund of fees in relation to smartcard accreditation documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 4 (Statutory accreditation conditions for driver trainers or rider trainers) . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 7 (Reviewable decisions). . . . . . . . . . . . . . . . Schedule 7 Reviewable decisions Amendment of sch 8 (Fees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 9 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Transport Operations (Road Use Management—Dangerous Goods) Regulation 2008 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 189 (Required driver licence evidence). . . . . . . Amendment of s 192 (Grant of dangerous goods driver licences) Amendment of s 194 (Renewal of licences) . . . . . . . . . . . . . . . . . Insertion of new ss 195A–195C . . . . . . . . . . . . . . . . . . . . . . . . . . 195A Form of driver authorising document . . . . . . . . . . . . . 195B General provisions about driver authorising document ........................... 195C Expressions on driver authorising document . . . . . . . Amendment of s 196 (Licence conditions) . . . . . . . . . . . . . . . . . . Insertion of new s 196A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 196A Codes on driver authorising document. . . . . . . . . . . . Insertion of new s 197A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 197A Only 1 dangerous goods driver licence to be held at the same time. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 208 (Licence labels) . . . . . . . . . . . . . . . . . . . . . Replacement of s 209 (Licence to be carried) . . . . . . . . . . . . . . . 209 Driver authorising document and conditions to be carried .......................... 209A Damaging driver authorising document . . . . . . . . . . . 83 84 84 84 85 85 85 85 86 87 87 89 89 89 90 90 91 91 92 92 92 93 93 93 93 94 94 94 2010 SL No. 189

Transport Legislation (New Queensland Driver Licensing) and Other Legislation Amendment Regulation (No. 1) 2010 Contents 81 82 83 84 85 86 87 88 89 Part 8 90 91 92 93 209B Chief executive may direct superseded driver authorising document to be destroyed . . . . . . . . . . . . 209C Possessing another person’s driver authorising document ......................... 209D Document purporting to be driver authorising document ......................... Replacement of s 211 (Replacement licences and licence labels) ..................................... 211 Chief executive may require licence documents to be replaced . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 211A Application by licensee for replacement licence document ........................ 211B Upgrading to smartcard dangerous goods driver licence ......................... Replacement of s 213 (Surrender of licences) . . . . . . . . . . . . . . . 213 Voluntary surrender of licences . . . . . . . . . . . . . . . . . Insertion of new ss 216A–216C . . . . . . . . . . . . . . . . . . . . . . . . . . 216A Notifying chief executive if licence document damaged, lost or stolen . . . . . . . . . . . . . . . . . . . . . . . 216B Change of name and address . . . . . . . . . . . . . . . . . . 216C Notifiable events under other Acts . . . . . . . . . . . . . . . Amendment of s 217 (Production of licences to chief executive) . Replacement of s 218 (Seizure of licences etc.) . . . . . . . . . . . . . 218 Seizure of licences and documents . . . . . . . . . . . . . . Amendment of s 219 (Return of licences) . . . . . . . . . . . . . . . . . . Insertion of new s 227A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 227A Refund of fees in relation to smartcard dangerous goods driver licence . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 1 (Reviewable decisions). . . . . . . . . . . . . . . . Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Transport Operations (Road UseManagement—Driver Licensing) Regulation 1999 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new s 3B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3B Partial refund of fees . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new s 6A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6A Only 1 Queensland driver licence to be held at the same time. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 13 (Other provisions about general eligibility) . . 94 95 95 96 96 97 98 99 99 99 99 100 101 101 102 102 102 103 103 103 104 105 105 105 106 106 106 2010 SL No. 189 Page 9

Transport Legislation (New Queensland Driver Licensing) and Other Legislation Amendment Regulation (No. 1) 2010 Contents 94 95 96 97 98 99 100 101 102 103 104 105 106 Page 10 Amendment of s 15 (Applying for licences) . . . . . . . . . . . . . . . . . Amendment of s 16 (Deciding applications for licence) . . . . . . . . Amendment of s 18B (Definition for pt 4AA). . . . . . . . . . . . . . . . . Amendment of s 18E (When chief executive may renew licence) Replacement of s 18F (Renewal of licence label) . . . . . . . . . . . . 18F Renewal of open licence . . . . . . . . . . . . . . . . . . . . . . Amendment of s 32 (Grounds for amending, suspending or cancelling licences) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Replacement of s 34 (Return of licence for amendment) . . . . . . . 34 Return of licence for amendment . . . . . . . . . . . . . . . . Amendment of s 39 (Change of name or address) . . . . . . . . . . . Replacement of ss 40–41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39A Holder may apply for replacement licence if incorrect information on licence . . . . . . . . . . . . . . . . . . . . . . . . 39B Upgrading to smartcard driver licence . . . . . . . . . . . . 39C Smartcard driver licence not received in post . . . . . . 40 Replacement licence if licence damaged, lost or stolen ............................... 40AA Notifiable events under other Acts . . . . . . . . . . . . . . . 40A Replacement labels . . . . . . . . . . . . . . . . . . . . . . . . . . 40B Replacement current driver licence receipt . . . . . . . . 41 Damaging licences . . . . . . . . . . . . . . . . . . . . . . . . . . . 41A Dealing with superseded Queensland driver licence and current driver licence receipt . . . . . . . . . . . . . . . . Amendment of s 43A (Queensland driver licence may include information identifying holder of marine licence—Act, s 150A . . . Amendment of s 43B (Applying to include information on Queensland driver licence identifying holder of marine licence) ..................................... Replacement of s 43C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43BA Change of information on Queensland driver licence identifying holder of marine licence—change in conditions .......................... 43C Removal of information on Queensland driver licence identifying holder of marine licence—marine licence cancelled . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43D Removal of information on Queensland driver licence identifying holder of marine licence—marine licence surrendered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 1 (Fees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 107 108 109 109 109 110 110 110 111 112 112 113 113 114 114 115 115 116 116 117 117 117 117 118 119 120 2010 SL No. 189

Transport Legislation (New Queensland Driver Licensing) and Other Legislation Amendment Regulation (No. 1) 2010 Contents 107 108 Part 9 109 110 111 112 113 114 115 Part 10 116 117 Amendment of sch 2 (Licence codes) . . . . . . . . . . . . . . . . . . . . . Amendment of sch 7 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Transport Planning and CoordinationRegulation 2005 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new pt 1, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new s 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2A Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new pt 2, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new pt 3, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 4 Smartcard transport authorities 5 Definitions for pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Smartcard transport authorities . . . . . . . . . . . . . . . . . 7 Interim transport authorities . . . . . . . . . . . . . . . . . . . . 8 Verification of a person’s connection to the person’s most recent digital photo . . . . . . . . . . . . . . . . . . . . . . 9 Replacement of smartcard transport authority . . . . . . Insertion of new sch 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schedule 3 Dictionary Amendment of Liquor Regulation 2002 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Omission of s 38 (Proof of age card) . . . . . . . . . . . . . . . . . . . . . . 120 121 122 122 122 122 122 123 123 123 124 124 125 125 126 126 127 2010 SL No. 189 Page 11

Transport Legislation (New Queensland Driver Licensing) and Other LegislationAmendment Regulation (No. 1) 2010 Part 1 Preliminary [s 1] Part 1 Preliminary 1 Short title This regulation may be cited as the Transport Legislation (New Queensland Driver Licensing) and Other Legislation Amendment Regulation (No. 1) 2010 . 2 Commencement (1) Subject to subsection (2), this regulation commences on 24 July 2010. (2) The following provisions commence on 25 July 2010— • part 2 • section 15 • section 69 • section 106. Part 2 Amendment of Adult Proof of Age Card Regulation 2010 3 Regulation amended This part amends the AdultProofofAgeCardRegulation2010. 4 Insertion of new ss 4–7 After section 3— insert— ‘4 Adult proof of age card not received in post ‘(1) This section applies if— Page 12 2010 SL No. 189

Transport Legislation (New Queensland Driver Licensing) and Other LegislationAmendment Regulation (No. 1) 2010 Part 2 Amendment of Adult Proof of Age Card Regulation 2010 [s 4] (a) the chief executive issues an adult proof of age card; and (b) the holder has not received the card in the post at the address stated in the holder’s application for the card within the time stated by the chief executive when the application was made. ‘(2) The holder must promptly notify the chief executive that the holder has not received the adult proof of age card. ‘(3) If the chief executive is satisfied that the holder has not received the adult proof of age card because it has been lost or stolen, the chief executive must— (a) advise the holder; and (b) if the holder applies for a replacement card under section 18(1)(b) of the Act, waive payment of the fee for the replacement card. Note — See also section 19 of the Act, which requires a holder to give the chief executive notice if a card has been, or is reasonably suspected of being, lost or stolen. ‘5 Change of name and address ‘(1) This section applies if the holder of an adult proof of age card— (a) changes the holder’s name or address; and (b) gives the chief executive written notice of the change. ‘(2) If the chief executive is satisfied the information given by the holder is correct, the chief executive must— (a) record the change in the APA register; and (b) for a change of name—give the holder a replacement adult proof of age card that records the change of name. ‘(3) No fee is payable for— (b) recording the change in the APA register; or 2010 SL No. 189 Page 13

Transport Legislation (New Queensland Driver Licensing) and Other LegislationAmendment Regulation (No. 1) 2010 Part 2 Amendment of Adult Proof of Age Card Regulation 2010 [s 4] (b) a replacement adult proof of age card for a change of name. ‘6 Notifiable events under other Acts ‘(1) This section applies if the holder of an adult proof of age card— (a) has an obligation under the Act to notify the chief executive of a notifiable event; and (b) has an obligation under a prescribed smartcard Act to notify the chief executive, or the general manager under the Maritime Safety Queensland Act 2002 , of the same notifiable event; and (c) complies with the obligation under the prescribed smartcard Act. ‘(2) The obligation under the Act to notify the chief executive of the notifiable event is taken to have been satisfied if any time allowed to make the notification under the Act has not expired. ‘(3) In this section— notifiable event means a change of name or a change of address. ‘7 Dealing with superseded adult proof of age card ‘(1) This section applies if— (a) a person has in the person’s possession a superseded adult proof of age card; and (b) the chief executive gives the person a notice requiring the person to destroy the adult proof of age card in a stated way. ‘(2) The person must comply with the notice. Maximum penalty—20 penalty units. Page 14 2010 SL No. 189

Transport Legislation (New Queensland Driver Licensing) and Other LegislationAmendment Regulation (No. 1) 2010 Part 3 Amendment of Tow Truck Regulation 2009 [s 5] ‘(3) However, this section does not apply if the person is required to return the adult proof of age card to the chief executive under the Act.’. Part 3 Amendment of Tow Truck Regulation 2009 5 Regulation amended This part amends the Tow Truck Regulation 2009. 6 Amendment of s 4 (Eligibility to apply for a driver’s certificate) (1) Section 4(2)(a) and (b)(i), ‘tow truck of the class’— omit, insert— ‘class of vehicle’. (2) Section 4(2)(a), after ‘years’— insert– ‘immediately’. 7 Insertion of new ss 10A–10D After section 10— insert— ‘10A Form of certificate notice ‘(1) This section applies if the chief executive gives a person written notice (a certificate notice ) of— (a) the granting of a certificate to the person; or (b) the renewal of the person’s certificate; or 2010 SL No. 189 Page 15

Transport Legislation (New Queensland Driver Licensing) and Other LegislationAmendment Regulation (No. 1) 2010 Part 3 Amendment of Tow Truck Regulation 2009 [s 7] (c) the issuing of a replacement document evidencing the granting of a certificate to the person. ‘(2) The certificate notice may be in the form of a smartcard certificate or an interim transport authority. ‘(3) Subsection (2) does not limit the form the certificate notice may take. ‘(4) A smartcard certificate given to a person may be in the form of a smartcard transport authority that includes information about 1 or more other transport authorities held by the person. ‘(5) In this section— transport authority see the TransportPlanningandCoordination Act 1994 , section 36G(3). ‘10B General provisions about certificate notice ‘(1) A certificate notice may— (a) indicate by way of a code, expression or otherwise that the person holds a certificate, and whether the certificate is subject to a condition; and (b) contain information about— (i) the certificate; and (ii) the person’s personal particulars. ‘(2) A code or expression mentioned in subsection (1) may be— (a) stated on a certificate notice; or (b) stored electronically on a smartcard certificate. ‘(3) Subsection (1) does not limit the information that a certificate notice may contain. ‘10C Expressions on certificate notice ‘(1) The expression ‘tow truck driver’ on a certificate notice indicates that the person is the holder of a driver’s certificate. Page 16 2010 SL No. 189

Transport Legislation (New Queensland Driver Licensing) and Other LegislationAmendment Regulation (No. 1) 2010 Part 3 Amendment of Tow Truck Regulation 2009 [s 8] ‘(2) The expression ‘tow truck assistant’ on a certificate notice indicates that the person is the holder of an assistant’s certificate. ‘10D Codes on certificate notice ‘(1) The following codes may be used on a certificate notice to show whether a certificate is subject to a condition— • ‘N’ stated on a certificate notice to show that— • the certificate is not subject to a condition; or • the certificate is subject to a condition evidence of which need not be carried by the holder of the certificate while carrying out activities for which the certificate is required • ‘Y’ stated on a certificate notice to show that the certificate is subject to a condition evidence of which must be carried by the holder of the certificate while carrying out activities for which the certificate is required • ‘TEXT’ stored on a smartcard certificate to show that the certificate is subject to a condition. ‘(2) A code mentioned in the TransportOperations(RoadUseManagement—Driver Licensing) Regulation 1999 , schedule 2 may also be used on a certificate notice to show the class of vehicle that a certificate holder is authorised to drive under the certificate.’. 8 Amendment of s 11 (Identity card for holder of a certificate) (1) Section 11(2)(a), ‘recent photograph’— omit, insert— ‘photo’. (2) Section 11(2)(e)— 2010 SL No. 189 Page 17

Transport Legislation (New Queensland Driver Licensing) and Other LegislationAmendment Regulation (No. 1) 2010 Part 3 Amendment of Tow Truck Regulation 2009 [s 9] omit, insert— ‘(e) bear the certificate holder’s signature.’. 9 Replacement of ss 12 and 13 Sections 12 and 13— omit, insert— ‘12 Holder to sign written notice or permit document ‘(1) This section applies if the chief executive gives a person— (a) a certificate notice; or (b) a document evidencing the granting of a miscellaneous permit to the person (a permit document ). ‘(2) The person must, on receiving the certificate notice or permit document, sign it in ink with the person’s usual signature in the space provided on it. Maximum penalty—20 penalty units. ‘(3) Subsection (2) does not apply to a smartcard certificate. ‘13 Application by holder for replacement document ‘(1) This section applies if— (a) information stated on a document evidencing the granting of an approval to a person is incorrect; or (b) the holder of an approval becomes aware, or reasonably suspects, a document evidencing the granting of an approval has been damaged, lost or stolen. Note — See also section 14A for notifying the chief executive if a document has been damaged, lost or stolen. ‘(2) The holder may apply to the chief executive for a replacement document. ‘(3) An application under this section must be— (a) made in the approved form; and Page 18 2010 SL No. 189

Transport Legislation (New Queensland Driver Licensing) and Other LegislationAmendment Regulation (No. 1) 2010 Part 3 Amendment of Tow Truck Regulation 2009 [s 9] (b) accompanied by— (i) the document, unless the document has been, or the holder reasonably suspects it has been, destroyed, lost or stolen; and (ii) the prescribed fee. ‘(4) After receiving the application, the chief executive must issue a replacement document to the holder if the chief executive is satisfied— (a) if subsection (1)(a) applies—the information on the document was incorrect; or (b) if subsection (1)(b) applies—the document has been damaged, lost or stolen. ‘(5) If the document that has been replaced (the original document ) comes into, or returns to, the holder’s possession after a replacement document has been issued to the holder, the holder must destroy the original document. Maximum penalty—20 penalty units. ‘(6) The chief executive may waive payment of the fee mentioned in subsection (3)(b)(ii) if— (a) the original document was a smartcard certificate; and (b) the chief executive is satisfied the holder has not received the smartcard certificate because it has been lost or stolen. ‘(7) In this section— approval does not include an application for the renewal of a licence, certificate or permit. ‘13A Chief executive may require document evidencing granting of approval to be replaced ‘(1) This section applies if information stated on a holder’s document evidencing the granting of an approval to the person (the document ) is incorrect and the chief executive reasonably believes the error was caused by the chief executive. 2010 SL No. 189 Page 19

Transport Legislation (New Queensland Driver Licensing) and Other LegislationAmendment Regulation (No. 1) 2010 Part 3 Amendment of Tow Truck Regulation 2009 [s 10] ‘(2) The chief executive may, by written notice, require the holder of the document to return the document to the chief executive for replacement. ‘(3) The notice must include a statement identifying the information that is incorrect and the correct information. ‘(4) The holder must comply with the notice, unless the holder has a reasonable excuse. Maximum penalty—20 penalty units. ‘(5) After receiving the document, the chief executive must give the holder a replacement document stating the correct information. ‘13B Upgrading to smartcard certificate ‘(1) This section applies to the holder of a certificate notice evidencing the granting of a certificate, if the certificate notice is not a smartcard certificate. ‘(2) The holder may apply to the chief executive to replace the certificate notice with a smartcard certificate. ‘(3) The application must be— (a) made in the approved form; and (b) accompanied by the prescribed fee. ‘(4) The chief executive may replace the certificate notice with a smartcard certificate for the same period as the unexpired period of the approval.’. 10 Replacement of s 15 (Change of name and address) Section 15— omit, insert— Page 20 2010 SL No. 189

Transport Legislation (New Queensland Driver Licensing) and Other LegislationAmendment Regulation (No. 1) 2010 Part 3 Amendment of Tow Truck Regulation 2009 [s 10] ‘14A Notifying chief executive if document evidencing granting of approval damaged, lost or stolen ‘(1) This section applies if the holder of an approval becomes aware, or reasonably suspects, his or her document evidencing the granting of an approval has been damaged, lost or stolen. ‘(2) The holder must give the chief executive written notice of the damage, loss or theft as soon as practicable after becoming aware of, or suspecting, it. Maximum penalty—20 penalty units. ‘(3) The written notice is sufficiently given if an application for a replacement document is made under section 13. ‘15 Change of name and address ‘(1) If the holder of an approval changes the holder’s name or address, the holder must, within 14 days after the change, give the chief executive— (a) written notice of the change; and (b) for a change of name—the document evidencing the granting of the approval. Maximum penalty—20 penalty units. ‘(2) If the chief executive is satisfied the information given by the holder is correct, the chief executive must— (a) for a change of name— (i) endorse the change of name on the document evidencing the granting of the approval; or (ii) give the holder a replacement document evidencing the granting of the approval that records the change of name; or (b) for a change of address— (i) endorse the change of address on the document evidencing the granting of the approval; or 2010 SL No. 189 Page 21

Transport Legislation (New Queensland Driver Licensing) and Other LegislationAmendment Regulation (No. 1) 2010 Part 3 Amendment of Tow Truck Regulation 2009 [s 11] (ii) give the holder a replacement document evidencing the granting of the approval that records the change of address; or (iii) give the holder a change of address label. ‘(3) If a change of address label is damaged, lost or stolen, the holder must promptly ask the chief executive for a replacement label. Maximum penalty—20 penalty units. ‘(4) On receipt of a change of address label or a replacement label, the holder must promptly attach the label to the back of the document evidencing the granting of the approval in the space provided for a change of address label. Maximum penalty for subsection (4)—20 penalty units.’. 11 Insertion of new s 15B After section 15A— insert— ‘15B Notifiable events under other Acts ‘(1) This section applies if the holder of an approval— (a) has an obligation under the Act to notify the chief executive of a notifiable event; and (b) has an obligation under a prescribed smartcard Act to notify the chief executive, or the general manager under the Maritime Safety Queensland Act 2002 , of the same notifiable event; and (c) complies with the obligation under the prescribed smartcard Act. ‘(2) The obligation under the Act to notify the chief executive of the notifiable event is taken to have been satisfied if any time allowed to make the notification under the Act has not expired. ‘(3) In this section— Page 22 2010 SL No. 189

Transport Legislation (New Queensland Driver Licensing) and Other LegislationAmendment Regulation (No. 1) 2010 Part 3 Amendment of Tow Truck Regulation 2009 [s 12] notifiable event means any of the following— (a) a change of name; (b) a change of address; (c) the damage, loss or theft of a certificate notice or permit document.’. 12 Replacement of s 17 (Certificate or miscellaneous permit to be carried) Section 17— omit, insert— ‘17 Documents to be carried ‘(1) The holder of a miscellaneous permit must carry written notice of the granting of the permit while carrying out activities for which the permit is required. Maximum penalty—20 penalty units. ‘(2) The holder of a certificate must carry 1 of the following documents while carrying out activities for which a certificate is required— (a) the holder’s smartcard certificate; (b) the holder’s interim transport authority; (c) another certificate notice about the granting, renewal or replacement of the holder’s certificate. Maximum penalty—20 penalty units. ‘(3) If the chief executive has imposed a condition on the holder of a certificate, the holder must also carry any document evidencing the imposed condition if the imposed condition requires it. Maximum penalty—20 penalty units. ‘(4) Subsection (3) does not apply to a condition about a person’s traffic history or criminal history.’. 2010 SL No. 189 Page 23

Transport Legislation (New Queensland Driver Licensing) and Other LegislationAmendment Regulation (No. 1) 2010 Part 3 Amendment of Tow Truck Regulation 2009 [s 13] 13 Replacement of ss 23 and 24 Sections 23 and 24— omit, insert— ‘23 Damaging a document ‘A person must not wilfully damage a document that is— (a) written notice of the granting or renewal of an approval; or (b) a towing authority. Maximum penalty—20 penalty units. ‘24 Chief executive may direct superseded document to be destroyed ‘(1) The chief executive may direct a person to destroy the person’s superseded document. ‘(2) The person must comply with the direction. Maximum penalty—20 penalty units. ‘(3) In this section— document means a certificate notice or a permit document. superseded document includes a superseded smartcard transport authority. Note — See the Transport Planning and Coordination Regulation 2005 , section 7(5) for when an interim transport authority has effect as a smartcard transport authority. ‘24A Only 1 certificate to be held at the same time ‘A person must not hold more than 1 driver’s certificate or assistant’s certificate at the same time. Maximum penalty—40 penalty units. Page 24 2010 SL No. 189

Transport Legislation (New Queensland Driver Licensing) and Other LegislationAmendment Regulation (No. 1) 2010 Part 3 Amendment of Tow Truck Regulation 2009 [s 14] ‘24B Possessing another person’s document ‘(1) A person must not possess another person’s document, unless the person has a reasonable excuse. Maximum penalty—40 penalty units. ‘(2) A person must not give the person’s document to another person if the person knows, or ought reasonably to know, the other person intends to use the document to deceive someone. Maximum penalty—40 penalty units. ‘(3) For subsection (2), it is irrelevant whether the person intended to be deceived is known or unknown, or exists or does not exist. ‘(4) In this section— document means a certificate notice or a permit document. ‘24C Document purporting to be certificate notice or permit document ‘(1) A person must not possess a document that resembles a certificate notice or permit document and is calculated to deceive someone. Maximum penalty—40 penalty units. ‘(2) A person must not give another person a document that resembles a certificate notice or permit document and is calculated to deceive someone. Maximum penalty—40 penalty units. ‘(3) For subsections (1) and (2), it is irrelevant whether the person intended to be deceived is known or unknown, or exists or does not exist.’. 14 Amendment of s 32 (Towing charges) Section 32— insert— 2010 SL No. 189 Page 25

Transport Legislation (New Queensland Driver Licensing) and Other LegislationAmendment Regulation (No. 1) 2010 Part 3 Amendment of Tow Truck Regulation 2009 [s 15] ‘(1A) An amount stated in schedule 3 is inclusive of any GST payable in relation to the tow.’. 15 Amendment of sch 2 (Fees) Schedule 2, items 13 to 17, ‘duplicate’— omit, insert— ‘replacement’. 16 Amendment of sch 3 (Maximum towing charges) Schedule 3, ‘ $ ’— omit, insert— ‘ $ (including GST) ’. 17 Amendment of sch 5 (Dictionary) (1) Schedule 5, definition damaged — omit. (2) Schedule 5— insert — ‘ certificate notice see section 10A. class , of vehicle, see the TransportOperations(RoadUseManagement—DriverLicensing)Regulation1999 , schedule 7. damaged — 1 Damaged , in relation to a document other than a smartcard certificate, includes destroyed, defaced, mutilated or made illegible. 2 Damaged , in relation to a smartcard certificate— (a) means— Page 26 2010 SL No. 189

Transport Legislation (New Queensland Driver Licensing) and Other LegislationAmendment Regulation (No. 1) 2010 Part 4 Amendment of Transport Operations (Marine Safety) Regulation 2004 [s 18] (i) the certificate is damaged to an extent that— (A) any information on the certificate is impossible or difficult to read without the use of technology; or (B) a digital photo or a digitised signature on the certificate is impossible or difficult to recognise without the use of technology; or (ii) any information stored electronically on the certificate is no longer accessible by using the holder’s PIN; and (b) includes destroyed. 3 However, damaged , in relation to a document, does not include the document being destroyed as required under section 13(5) or 24. interim transport authority means an interim transport authority issued under the TransportPlanningandCoordination Act 1994. permit document see section 12. smartcard transport authority see the TransportPlanningand Coordination Act 1994 , section 36G(1).’. Part 4 Amendment of Transport Operations (Marine Safety) Regulation 2004 18 Regulation amended This part amends the Transport Operations (Marine Safety) Regulation 2004 . 2010 SL No. 189 Page 27

Transport Legislation (New Queensland Driver Licensing) and Other LegislationAmendment Regulation (No. 1) 2010 Part 4 Amendment of Transport Operations (Marine Safety) Regulation 2004 [s 19] 19 Replacement of pt 6, div 1, hdg (Interpretation) Part 6, division 1, heading— omit, insert— ‘Division 1 Preliminary ‘Subdivision 1 Interpretation ’. 20 Amendment of s 147 (Definition for pt 6) (1) Section 147, heading, ‘Definition’— omit, insert— ‘ Definitions ’. (2) Section 147— insert— ‘ marine licence means a licence to operate a personal watercraft, or a recreational ship, as its master.’. 21 Insertion of new pt 6, div 1, sdiv 2 After section 148— insert— ‘Subdivision 2 Application of divisions 2 to 6 ‘148A Application of divs 2–6 ‘Subject to section 174B, divisions 2 to 6 do not apply to an approval that is a marine licence.’. 22 Amendment of s 151 (Issuing of authority if application granted) (1) Section 151(2)— omit. Page 28 2010 SL No. 189

Transport Legislation (New Queensland Driver Licensing) and Other LegislationAmendment Regulation (No. 1) 2010 Part 4 Amendment of Transport Operations (Marine Safety) Regulation 2004 [s 23] (2) Section 151(3), ‘, or the notice,’— omit. (3) Section 151(3)— renumber as section 151(2). 23 Insertion of new pt 6, div 8 Part 6, after section 174— insert— ‘Division 8 Marine licences and marine licence indicators ‘174A Application of div 8 ‘This division applies to— (a) a marine licence; and (b) a marine licence indicator. ‘174B Application of divs 2–6 to marine licences and marine licence indicators ‘The provisions of divisions 2 to 6 mentioned in schedule 4A apply to a marine licence with the changes and additions stated in the schedule. Note — Changes and additions to the text of divisions 2 to 6 are shown in italics. Provisions not applied are indicated by ‘ (omitted) ’.’. 24 Amendment of s 224 (Refund of fees if application is refused) Section 224(1)(b), after ‘licence’— insert— ‘or personal watercraft licence’. 2010 SL No. 189 Page 29

Transport Legislation (New Queensland Driver Licensing) and Other LegislationAmendment Regulation (No. 1) 2010 Part 4 Amendment of Transport Operations (Marine Safety) Regulation 2004 [s 25] 25 Insertion of new sch 4A After schedule 4— insert— ‘Schedule 4A Application of part 6, divisions 2 to 6 to marine licences section 174B ‘Division 2 How marine licence or marine licence indicator is obtained ‘149 Making the application ‘(1) A person may apply to the administering agency for a marine licence or a marine licence indicator . ‘(2) The application must— (a) be in the approved form; and (b) be supported by enough information to enable the administering agency to decide the application; and (c) for a marine licence— be accompanied by the fee prescribed under a regulation. ‘150 Administering agency to decide application within 30 days ‘(1) The administering agency must decide each application for a marine licence or a marine licence indicator within 30 days after the application is made. ‘(2) However, if within the 30 days, the administering agency has told an applicant that the application is not supported by enough information to enable the administering agency to decide the application, the administering agency must decide Page 30 2010 SL No. 189

Transport Legislation (New Queensland Driver Licensing) and Other LegislationAmendment Regulation (No. 1) 2010 Part 4 Amendment of Transport Operations (Marine Safety) Regulation 2004 [s 25] the application within 30 days after the further information is given to the administering agency. Note — See section 63A(5) of the Act (which deals with obtaining digital photos and digitised signatures) for when the administering agency must refuse to consider an application relating to a marine licence or marine licence indicator. ‘(3) (omitted) ‘(4) (omitted) ‘151 Giving of marine licence indicator if application granted ‘(1) If the administering agency decides to grant an application for a marine licence or a marine licence indicator , the administering agency must, within 30 days after making the decision to grant the application, give to the applicant a marine licence indicator . ‘(2) (omitted) ‘ (3) The marine licence indicator must state whether the marine licence is subject to any condition under section 155. ‘152 Term of marine licence and smartcard marine licence indicator ‘(1) (omitted) ‘(2) The term of a marine licence is unlimited (words omitted) . ‘ (3) However, the term of a smartcard marine licence indicator given under the Act is up to 10 years. ‘153 (omitted) 2010 SL No. 189 Page 31

Transport Legislation (New Queensland Driver Licensing) and Other LegislationAmendment Regulation (No. 1) 2010 Part 4 Amendment of Transport Operations (Marine Safety) Regulation 2004 [s 25] ‘154 Refusal of application for marine licence or marine licence indicator ‘(1) If the administering agency decides to refuse an application for a marine licence or a marine licence indicator , the administering agency must give the applicant written notice of the decision within 14 days after making the decision. ‘(2) Without limiting subsection (1), the administering agency may refuse an application for a marine licence if the administering agency is satisfied— (a) the applicant has contravened marine safety legislation; or (b) the applicant has had another authority under the Act cancelled or suspended; or (c) the applicant has been convicted of an indictable offence; or (d) the applicant has not paid fees payable under the Act; or (e) (omitted) ‘ (2A) Also, the administering agency may refuse an application for a marine licence or a marine licence indicator if the administering agency is not satisfied— (a) with the applicant’s identification for the licence or indicator; or (b) for a smartcard marine licence indicator—that the applicant is the holder of a current marine licence. ‘(3) The notice must state— (a) the reasons for the refusal; and (b) the prescribed review information for the decision. ‘155 Grant of marine licence on conditions ‘ (1) The administering agency may grant an application for a marine licence on conditions the administering agency considers reasonable and relevant. Page 32 2010 SL No. 189

Transport Legislation (New Queensland Driver Licensing) and Other LegislationAmendment Regulation (No. 1) 2010 Part 4 Amendment of Transport Operations (Marine Safety) Regulation 2004 [s 25] ‘ (2) If the administering agency imposes a condition on a marine licence, the administering agency must give the holder of the marine licence written notice of the condition. ‘ (3) If the administering agency imposes a condition on a marine licence, the holder of the marine licence must not operate a ship in contravention of the condition. Maximum penalty—20 penalty units. ‘Division 3 Renewal of smartcard marine licence indicator ‘156 Renewal of smartcard marine licence indicator ‘(1) The holder of a marine licence may apply for the renewal of a smartcard marine licence indicator to the administering agency. ‘(2) The application must— (a) be made in the approved form; and (b) be supported by enough information to enable the administering agency to decide the application; and (c) (omitted) ‘ (3) A smartcard marine licence indicator given under the Act may be renewed for a term of up to 10 years. ‘157 Div 2 applies to application for renewal ‘(1) Division 2 applies to an application for renewal of a smartcard marine licence indicator in the same way it applies to an application for a marine licence . ‘(2) However, the administering agency may also refuse an application for renewal of a smartcard marine licence indicator if— (a) the smartcard marine licence indicator was issued in error or because of a document or representation that— 2010 SL No. 189 Page 33

Transport Legislation (New Queensland Driver Licensing) and Other LegislationAmendment Regulation (No. 1) 2010 Part 4 Amendment of Transport Operations (Marine Safety) Regulation 2004 [s 25] (i) was false or misleading; or (ii) was obtained or made in another improper way; or (b) (omitted) (c) (omitted). ‘Division 4 Amendment of marine licence ‘158 Amendment of marine licence at holder’s request ‘(1) The holder of a marine licence may apply to the administering agency for an amendment of the marine licence . ‘(2) The application for an amendment must— (a) be made to the administering agency in writing ; and (b) be supported by enough information to enable the administering agency to decide the application; and (c) (omitted) (d) be accompanied by the marine licence indicator, unless it has been, or the holder reasonably suspects it has been, destroyed, lost or stolen. Note — See section 63A(5) of the Act (which deals with obtaining digital photos and digitised signatures) for when the administering agency must refuse to consider an application relating to a marine licence or marine licence indicator. ‘159 Div 2 applies to application for amendment ‘Division 2 applies to an application for an amendment of a marine licence in the same way it applies to an application for a marine licence . Page 34 2010 SL No. 189

Transport Legislation (New Queensland Driver Licensing) and Other LegislationAmendment Regulation (No. 1) 2010 Part 4 Amendment of Transport Operations (Marine Safety) Regulation 2004 [s 25] ‘160 Amendment of marine licence on administering agency’s initiative ‘(1) The administering agency may amend a marine licence at any time if— (a) the holder of the marine licence agrees to the amendment; or (b) the administering agency considers it necessary or desirable (word omitted) — (i) because the holder has contravened the Act or this regulation; or (ii) because the marine licence was granted because of a materially false or misleading representation or declaration, made either orally or in writing ; or (iii) to ensure marine safety. Example for subparagraph (iii) — The administering agency considers it necessary or desirable to impose a condition on the marine licence because of the holder’s medical condition. ‘(2) If the administering agency considers it necessary or desirable to amend a marine licence for a reason mentioned in subsection (1)(b) , the administering agency must give the holder a written notice under this section. ‘(3) The notice must state the following— (a) the proposed amendment; (b) the grounds for the proposed amendment; (c) an outline of the facts and circumstances forming the basis for the grounds; (d) an invitation to the holder to show within a stated time, which must be at least 30 days, why the marine licence should not be amended; (e) the period, which must be at least 30 days after the notice is given to the holder, within which the representations may be made. 2010 SL No. 189 Page 35

Transport Legislation (New Queensland Driver Licensing) and Other LegislationAmendment Regulation (No. 1) 2010 Part 4 Amendment of Transport Operations (Marine Safety) Regulation 2004 [s 25] ‘(4) If, after considering all written representations made within the stated time, the administering agency still considers the amendment is necessary or desirable, the administering agency may amend the marine licence . Note — Part 16 of the Act provides for appeals. ‘(5) If the administering agency does not consider the amendment is necessary or desirable, the administering agency must give the holder written notice of the decision within 14 days after making the decision. ‘161 When amendment of marine licence takes effect ‘If the administering agency amends a marine licence , the amendment takes effect from— (a) the day the marine licence is amended; or (b) if the administering agency provided for a later day when granting or deciding the amendment, the later day. ‘162 Marine licence indicator to be returned (words omitted) after amendment of marine licence or for correction ‘(1) The administering agency may, by written notice, ask the holder of a marine licence to return the marine licence indicator to the administering agency within a stated time, of at least 30 days, to allow the administering agency to alter or replace the marine licence indicator — (a) to reflect an amendment made to the marine licence; or (b) to correct information on the marine licence indicator, if the administering agency reasonably believes the error was caused by the administering agency. ‘(2) The holder must comply with the notice, unless the holder has a reasonable excuse. Page 36 2010 SL No. 189

Transport Legislation (New Queensland Driver Licensing) and Other LegislationAmendment Regulation (No. 1) 2010 Part 4 Amendment of Transport Operations (Marine Safety) Regulation 2004 [s 25] Example of reasonable excuse — The smartcard marine licence indicator has been, or the holder reasonably suspects it has been, destroyed, lost or stolen. Maximum penalty—20 penalty units. ‘(3) After receiving the marine licence indicator , the administering agency must — (a) alter the marine licence indicator and return it to the holder ; or (b) give the holder a replacement marine licence indicator. ‘ (3A) If the marine licence indicator required alteration for the reason mentioned in subsection (1)(a), the altered or replaced marine licence indicator must reflect the amendment made to the marine licence. ‘ (3B) If the marine licence indicator required alteration for the reason mentioned in subsection (1)(b), the altered or replaced marine licence indicator must state the correct information. ‘(4) The amendment of a marine licence by the administering agency does not depend on the marine licence indicator being altered or replaced under this section. ‘Division 5 Suspension and cancellation of marine licences ‘163 Grounds for suspension or cancellation of marine licences ‘The administering agency may suspend or cancel a marine licence on any of the following grounds— (a) the holder has contravened marine safety legislation; (b) the marine licence was issued in error or because of a document or representation that— (i) was false or misleading; or (ii) was obtained or made in another improper way; 2010 SL No. 189 Page 37

Transport Legislation (New Queensland Driver Licensing) and Other LegislationAmendment Regulation (No. 1) 2010 Part 4 Amendment of Transport Operations (Marine Safety) Regulation 2004 [s 25] (c) the holder has not complied with a condition of the marine licence ; (d) the holder has been convicted of— (i) an indictable offence; or (ii) (words omitted) an offence against the TransportOperations(RoadUseManagement)Act1995 , section 79 or 80; (e) the holder has not paid fees payable under the Act; (f) (omitted) (g) the administering agency is no longer satisfied with the holder’s identification for the marine licence. ‘164 Procedure for suspension or cancellation ‘(1) If the administering agency considers a ground exists to suspend or cancel a marine licence (the proposed action ), the administering agency may give the holder of the marine licence a written notice stating the following— (a) the proposed action; (b) the grounds for the proposed action; (c) an outline of the facts and circumstances forming the basis for the grounds; (d) if the proposed action is to suspend the marine licence , the proposed suspension term; (e) an invitation to the holder to show within a stated time, which must be at least 30 days, why the proposed action should not be taken. ‘(2) If, after considering all written representations made within the stated time, the administering agency still considers grounds to take the proposed action exist, the administering agency may— (a) if the proposed action was to suspend the marine licence for a stated term—suspend the marine licence for not longer than the proposed suspension term; or Page 38 2010 SL No. 189

Transport Legislation (New Queensland Driver Licensing) and Other LegislationAmendment Regulation (No. 1) 2010 Part 4 Amendment of Transport Operations (Marine Safety) Regulation 2004 [s 25] (b) if the proposed action was to cancel the marine licence —cancel the marine licence or suspend it for a term. ‘(3) The administering agency must inform the holder of the decision by written notice. ‘(4) The notice must be given within 14 days after the administering agency makes the decision. ‘(5) If the administering agency decides to suspend or cancel the marine licence , the notice must state— (a) the reasons for the decision; and (b) the prescribed review information for the decision. ‘(6) The decision takes effect on the later of the following— (a) the day when the notice is given to the holder; (b) the day of effect stated in the notice. ‘(7) However, if the marine licence is suspended or cancelled because of the conviction of a person for an offence— (a) the suspension or cancellation does not take effect until— (i) the end of the time to appeal against the conviction; and (ii) if an appeal is made against the conviction—the appeal is finally decided; and (b) the suspension or cancellation has no effect if the conviction is quashed on appeal. ‘165 Action by general manager after marine incident ‘(1) This section applies to a person or ship involved in a marine incident if the general manager has required a shipping inspector to investigate the marine incident under section 126 of the Act. 2010 SL No. 189 Page 39

Transport Legislation (New Queensland Driver Licensing) and Other LegislationAmendment Regulation (No. 1) 2010 Part 4 Amendment of Transport Operations (Marine Safety) Regulation 2004 [s 25] ‘(2) The general manager may, by signed notice given to the person, (words omitted) suspend or amend the person’s marine licence . ‘(3) The notice must state each of the following— (a) the grounds for suspension or amendment; (b) an outline of the facts and circumstances forming the basis of the general manager’s decision; (c) if the notice suspends the marine licence —the suspension term, which must be reasonable in the circumstances but not longer than 6 months; (d) if the notice amends the marine licence —the way the marine licence is amended and for how long the amendment is to be in effect; (e) that the holder of the marine licence may— (i) under section 203B of the Act—ask for the decision to be reviewed by the general manager; and (ii) under the TransportPlanningandCoordinationAct1994 , part 5, division 2—apply to QCAT for the decision to be stayed; and (iii) under section 203C of the Act—ask for the general manager’s decision on the review (the reviewed decision ) to be reviewed by QCAT; and (iv) under the QCATAct—apply to QCAT for the reviewed decision to be stayed. ‘(4) The suspension or amendment takes effect on the later of the following— (a) the day on which the notice is given; (b) the day specified in the notice. ‘(5) This section does not limit section 164. Page 40 2010 SL No. 189

Transport Legislation (New Queensland Driver Licensing) and Other LegislationAmendment Regulation (No. 1) 2010 Part 4 Amendment of Transport Operations (Marine Safety) Regulation 2004 [s 25] ‘166 Extension of term of suspension or amendment after marine incident ‘(1) This section applies if the general manager suspends or amends, under section 165(2), a marine licence after a marine incident. ‘(2) If, within 14 days after the general manager has considered a shipping inspector’s report about the marine incident, a board of inquiry is not established, but the general manager has given a notice under section 164(1) to the holder of the marine licence before its suspension or amendment under section 165 ends, the suspension or amendment of the marine licence continues until the general manager informs the holder of the general manager’s decision about the notice under section 164(3). ‘(3) However, if a board of inquiry has been established within 14 days after the general manager has considered an inspector’s report about the marine incident, the general manager may, by signed notice given to the holder of the marine licence suspended or amended under section 165, extend the term of the suspension or amendment of the marine licence until 7 days after the board has given the Minister its report under section 132 of the Act. ‘(4) If a notice under section 164(1) has been given to the holder of the marine licence within 7 days after the board has given the Minister its report, the suspension or amendment of the marine licence under section 165 continues until the general manager informs the holder of the general manager’s decision about the notice under section 164(3). ‘(5) If, within 14 days after the general manager has considered an inspector’s report about the marine incident, a board of inquiry has not been established and the general manager has not given a notice under section 164(1) to the holder of the marine licence , the suspension or amendment of the marine licence under section 165 ends and the general manager must notify the holder of the marine licence accordingly. 2010 SL No. 189 Page 41

Transport Legislation (New Queensland Driver Licensing) and Other LegislationAmendment Regulation (No. 1) 2010 Part 4 Amendment of Transport Operations (Marine Safety) Regulation 2004 [s 25] ‘167 (omitted) ‘168 When smartcard marine licence indicator is required to be returned after marine licence suspended or cancelled ‘(1) A person whose marine licence is (words omitted) cancelled by the administering agency must return the smartcard marine licence indicator to the administering agency within 7 days after the (words omitted) cancellation takes effect, unless the person has a reasonable excuse. Example of reasonable excuse — The smartcard marine licence indicator has been, or the person reasonably suspects it has been, destroyed, lost or stolen. Maximum penalty—20 penalty units. ‘ (1A) A person whose marine licence is suspended is not required to return the smartcard marine licence indicator to the administering agency. ‘(2) (omitted) ‘Division 5A Particular provisions about restricted licences and licence disqualifications ‘168A Application for variation of restrictions—Act, s 202K ‘For section 202K(4) of the Act, a written notice about an application must be— (a) in the approved form; and (b) given to the chief executive at the address stated in the approved form as the address for giving the notice. Page 42 2010 SL No. 189

Transport Legislation (New Queensland Driver Licensing) and Other LegislationAmendment Regulation (No. 1) 2010 Part 4 Amendment of Transport Operations (Marine Safety) Regulation 2004 [s 25] ‘168B Notice about application for removal of disqualification—Act, s 202L ‘For section 202L(4) of the Act, a written notice about an application must be— (a) in the approved form; and (b) given to the chief executive at the address stated in the approved form as the address for giving the notice. ‘Division 6 Other provisions about marine licences ‘169 Holder to notify change of name and address ‘ (1) If the holder of a marine licence changes the holder’s name or address, the holder must, within 14 days after the change, give the administering agency written notice of the holder’s new name or address, unless the holder has a reasonable excuse. Maximum penalty—10 penalty units. ‘ (2) If the administering agency is satisfied the information given by the holder is correct, the administering agency must give the holder— (a) for a change of name—a replacement marine licence indicator with the holder’s new name; or (b) for a change of address— (i) a replacement marine licence indicator with the holder’s new address; or (ii) for a smartcard marine licence indicator—a change of address label. ‘ (3) On receipt of a change of address label, the holder must promptly attach the label to the back of the smartcard marine licence indicator, in the space provided for change of details labels. Maximum penalty—20 penalty units. 2010 SL No. 189 Page 43

Transport Legislation (New Queensland Driver Licensing) and Other LegislationAmendment Regulation (No. 1) 2010 Part 4 Amendment of Transport Operations (Marine Safety) Regulation 2004 [s 25] ‘169A Replacement label ‘ (1) This section applies if the holder of a marine licence becomes aware, or reasonably suspects, that a change of address label has been damaged, lost or stolen. ‘(2) The holder must promptly apply to the administering agency for a replacement label. Maximum penalty—20 penalty units. ‘(3) If the administering agency is satisfied the original label has been damaged, lost or stolen, the administering agency must issue a replacement label to the holder. ‘ (4) On receipt of a replacement label, the holder must promptly attach the label to the back of the smartcard marine licence indicator, in the space provided for change of details labels. Maximum penalty—20 penalty units. ‘(5) In this section— change of address label means a label mentioned in section 169(2)(b)(ii). ‘170 Keeping of marine licence ‘(1) (omitted) ‘(2) The holder of a current marine licence must keep the marine licence indicator. Maximum penalty—20 penalty units. ‘170A Damaging or changing marine licence indicator ‘The holder of a marine licence must not wilfully damage or otherwise change the marine licence indicator. Maximum penalty—20 penalty units. Page 44 2010 SL No. 189

Transport Legislation (New Queensland Driver Licensing) and Other LegislationAmendment Regulation (No. 1) 2010 Part 4 Amendment of Transport Operations (Marine Safety) Regulation 2004 [s 25] ‘170B Administering agency may direct superseded marine licence indicator to be destroyed ‘ (1) The administering agency may direct a person to destroy a superseded marine licence indicator. ‘ (2) The person must comply with the notice. Maximum penalty—20 penalty units. ‘171 Replacement of marine licence indicator ‘(1) If the holder of a marine licence becomes aware, or reasonably suspects, the holder’s smartcard marine licence indicator given under the Act or a marine licence indicator receipt given to the holder has been damaged, lost or stolen, the holder (words omitted) may apply to the administering agency for a replacement marine licence indicator . ‘(2) The application must— (a) be made in the approved form; and (b) (omitted) (c) be supported by enough information to enable the administering agency to decide the application; and (d) be accompanied by the marine licence indicator, unless it has been, or the holder reasonably suspects it has been, destroyed, lost or stolen. ‘(3) The administering agency must give the holder a replacement marine licence indicator if the administering agency is satisfied the marine licence indicator has been damaged, lost or stolen . Note — See section 63A(5) of the Act (which deals with obtaining digital photos and digitised signatures) for when the administering agency must refuse to consider an application relating to a marine licence or marine licence indicator. ‘171A (omitted) 2010 SL No. 189 Page 45

Transport Legislation (New Queensland Driver Licensing) and Other LegislationAmendment Regulation (No. 1) 2010 Part 4 Amendment of Transport Operations (Marine Safety) Regulation 2004 [s 25] ‘172 Surrender of marine licence ‘(1) The holder of a marine licence may surrender it by written notice given to the administering agency. ‘(2) If a smartcard marine licence indicator has been given to the person, the notice must be accompanied by the smartcard marine licence indicator, unless the holder has a reasonable excuse. ‘(3) The surrender of the marine licence takes effect— (a) on the day the notice is given; or (b) if a later day is stated in the notice—the later day. ‘172A Only 1 marine licence of the same class to be held at the same time ‘ A person must not hold more than 1 marine licence of the same class at the same time. Maximum penalty—40 penalty units. ‘172B Form of marine licence indicator ‘ (1) This section applies if the administering agency— (a) grants an application for a marine licence and gives a person a marine licence indicator; or (b) grants an application for marine licence indicator or its renewal. ‘ (2) The marine licence indicator may be in the form of— (a) a marine licence indicator receipt; or (b) a smartcard marine licence indicator given under the Act; or (c) a Queensland driver licence with a marine licence indicator code on it . ‘ (3) Subsection (2) does not limit the form of a marine licence indicator. Page 46 2010 SL No. 189

Transport Legislation (New Queensland Driver Licensing) and Other LegislationAmendment Regulation (No. 1) 2010 Part 4 Amendment of Transport Operations (Marine Safety) Regulation 2004 [s 25] ‘172C Codes on marine licence indicators including marine licence indicator receipts ‘ (1) A marine licence indicator may, by a code, show that the marine licence is subject to a condition. ‘ (2) A code mentioned in subsection (1) may be— (a) stated on a marine licence indicator or a marine licence indicator receipt; or (b) stored electronically on a smartcard marine licence indicator. ‘ (3) The following codes may be used on a marine licence indicator— • ‘N’ stated on the marine licence indicator to show that a marine licence is not subject to a condition • ‘Y’ stated on the marine licence indicator to show that a marine licence is subject to a condition • ‘S’ stored on the smartcard marine licence indicator to show that the holder of the marine licence may only operate a ship while wearing corrective lenses • ‘TEXT’ stored on a smartcard marine licence indicator to show that a marine licence is subject to a condition. ‘172D Expiry of smartcard marine licence indicator ‘ Unless it is sooner surrendered or cancelled, a smartcard marine licence indicator expires on the day stated on it, being a day that is not longer than 10 years after the day it is given. ‘172E Renewal of smartcard marine licence indicator by electronic communication ‘ (1) The holder of a smartcard marine licence indicator may apply by electronic communication for a new smartcard marine licence indicator if— (a) the holder’s smartcard marine licence indicator is about to expire; and 2010 SL No. 189 Page 47

Transport Legislation (New Queensland Driver Licensing) and Other LegislationAmendment Regulation (No. 1) 2010 Part 4 Amendment of Transport Operations (Marine Safety) Regulation 2004 [s 25] (b) there are at least 5 years before the end of the shelf life, or the end of the most recent extension of the shelf life under section 63AB of the Act, of the holder’s most recent digital photo and digitised signature; and (c) the administering agency has given the holder written notice that the person may apply by electronic communication for a new smartcard marine licence indicator. ‘ (2) The application must be— (a) made in the approved form; and (b) made before the holder’s smartcard marine licence indicator expires. ‘172F Notifiable events under other Acts ‘ (1) This section applies if the holder of a marine licence— (a) has an obligation under the Act to notify the administering agency of a notifiable event; and (b) has an obligation under a prescribed smartcard Act to notify the chief executive of the same notifiable event; and (c) complies with the obligation under the prescribed smartcard Act. ‘ (2) The obligation under the Act to notify the administering agency of a notifiable event is taken to have been satisfied if any time allowed to make the notification under the Act has not expired. ‘ (3) In this section— notifiable event means a change of name or a change of address. Page 48 2010 SL No. 189

Transport Legislation (New Queensland Driver Licensing) and Other LegislationAmendment Regulation (No. 1) 2010 Part 4 Amendment of Transport Operations (Marine Safety) Regulation 2004 [s 25] ‘172G Possessing another person’s smartcard marine licence indicator ‘ (1) A person must not possess another person’s smartcard marine licence indicator unless the person has a reasonable excuse. Maximum penalty—40 penalty units. ‘ (2) A person must not give the person’s smartcard marine licence indicator to another person if the person knows, or ought reasonably to know, the other person intends to use the smartcard marine licence indicator to deceive someone. Maximum penalty—40 penalty units. ‘ (3) For subsection (2), it is irrelevant whether the person intended to be deceived is known or unknown, or exists or does not exist. ‘172H Document purporting to be smartcard marine licence indicator ‘ (1) A person must not possess a document that resembles a smartcard marine licence indicator and is calculated to deceive someone. Maximum penalty—40 penalty units. ‘ (2) A person must not give another person a document that resembles a smartcard marine licence indicator and is calculated to deceive someone. Maximum penalty—40 penalty units. ‘ (3) For subsections (1) and (2), it is irrelevant whether the person intended to be deceived is known or unknown, or exists or does not exist. ‘172I Exemption from marine licence fee for particular applicants for marine licence indicators ‘ (1) Subsection (2) applies if— (a) on the commencement of this section, a person is the holder of a marine licence; and 2010 SL No. 189 Page 49

Transport Legislation (New Queensland Driver Licensing) and Other LegislationAmendment Regulation (No. 1) 2010 Part 8 Amendment of Transport Operations (Road Use Management—Driver Licensing)Regulation 1999 [s 96] (a) the applicant is not eligible for that type or class of licence; or (b) the chief executive is not satisfied with the applicant’s identification for the licence. ‘(3) If the chief executive decides to grant or renew the licence, the chief executive must promptly— (a) for the grant or renewal of a driver licence that is a smartcard driver licence—issue a current driver licence receipt to the applicant; or Note — A current driver licence receipt confirms that the person mentioned on it is authorised to drive a stated class of vehicle until the receipt is superseded by the issue of a licence—see the Act, schedule 4 (Dictionary), definition current driver licence receipt. (b) for the grant of a driver licence that is not a smartcard driver licence—give the licence to the applicant; or (c) for the renewal of a driver licence that is not a smartcard driver licence—give a renewal of licence label to the applicant.’. 96 Amendment of s 18B (Definition for pt 4AA) (1) Section 18B, heading, ‘Definition’— omit, insert— ‘ Definitions ’. (2) Section 18B— insert— ‘ open licence includes a recently expired smartcard driver licence. recently expired smartcard driver licence means a smartcard driver licence that— (a) is an open licence; and Page 108 2010 SL No. 189

Transport Legislation (New Queensland Driver Licensing) and Other LegislationAmendment Regulation (No. 1) 2010 Part 8 Amendment of Transport Operations (Road Use Management—Driver Licensing)Regulation 1999 [s 97] (b) has been expired for no more than 28 days. renew , an open licence, includes, for an open licence that is a recently expired smartcard driver licence, issue a further smartcard driver licence.’. 97 Amendment of s 18E (When chief executive may renew licence) Section 18E(2)— insert— ‘(e) for a smartcard driver licence, the shelf life of the person’s most recent digital photo and digitised signature, or the most recent extension of the shelf life under section 91AA of the Act has not ended, and will not end before the period of the licence applied for ends.’. 98 Replacement of s 18F (Renewal of licence label) Section 18F— omit, insert— ‘18F Renewal of open licence ‘(1) This section applies if the chief executive renews a person’s open licence under section 18E. ‘(2) The chief executive must— (a) for a smartcard driver licence—electronically issue a current driver licence receipt to the person; or (b) for a driver licence that is not a smartcard driver licence—issue a renewal of licence label to the person. ‘(3) On receipt of a renewal of licence label, the person must promptly attach the label to the back of the licence, in the space provided for change of details labels. Maximum penalty—20 penalty units.’. 2010 SL No. 189 Page 109

Transport Legislation (New Queensland Driver Licensing) and Other LegislationAmendment Regulation (No. 1) 2010 Part 8 Amendment of Transport Operations (Road Use Management—Driver Licensing)Regulation 1999 [s 99] 99 Amendment of s 32 (Grounds for amending, suspending or cancelling licences) (1) Section 32(b)— omit, insert— ‘(b) the licence was obtained on the basis of information that the licensee knew was false or misleading in a material particular;’. (2) Section 32(f) and (g), ‘person’— omit, insert— ‘licensee’. (3) Section 32(h)— omit, insert— ‘(h) for an open licence renewed under part 4AA—the licensee was not eligible for the renewal of the licence under that part; (i) the person was not eligible for the class or type of licence.’. 100 Replacement of s 34 (Return of licence for amendment) Section 34— omit, insert— ‘34 Return of licence for amendment ‘(1) The chief executive may give the holder of a Queensland driver licence a written notice requiring the holder to return the licence, in a stated way and within a stated time of at least 14 days, to enable— (a) the conditions stated on the licence to be amended; or (b) information stated on the licence that is incorrect to be amended, if the chief executive reasonably believes the error was caused by the chief executive. Page 110 2010 SL No. 189

Transport Legislation (New Queensland Driver Licensing) and Other LegislationAmendment Regulation (No. 1) 2010 Part 8 Amendment of Transport Operations (Road Use Management—Driver Licensing)Regulation 1999 [s 101] ‘(2) A notice given under subsection (1)(b) must include a statement identifying the information that is incorrect and the correct information. ‘(3) The holder must comply with a notice given under this section, unless the holder has a reasonable excuse. Example of a reasonable excuse — The licence has been, or the holder reasonably suspects it has been, destroyed, lost or stolen. Maximum penalty—20 penalty units. ‘(4) If the notice is given under subsection (1)(a)— (a) the chief executive must, after receiving the licence, issue to the holder— (i) for a smartcard driver licence—a current driver licence receipt stating the conditions as amended; or (ii) for a driver licence that is not a smartcard driver licence—a replacement licence stating the conditions as amended; and (b) the conditions, as amended, take effect from the appropriate day under section 33(7), even if the holder does not return the licence for amendment. ‘(5) If the notice is given under subsection (1)(b), the chief executive must, after receiving the licence, issue to the holder— (a) for a smartcard driver licence—a current driver licence receipt stating the correct information; or (b) for a driver licence that is not a smartcard driver licence—a replacement licence stating the correct information.’. 101 Amendment of s 39 (Change of name or address) (1) Section 39(2)(a) and (b)— omit, insert— 2010 SL No. 189 Page 111

Transport Legislation (New Queensland Driver Licensing) and Other LegislationAmendment Regulation (No. 1) 2010 Part 8 Amendment of Transport Operations (Road Use Management—Driver Licensing)Regulation 1999 [s 102] ‘(a) for a change of name on a smartcard driver licence—a current driver licence receipt stating the holder’s new name; or (b) for a change of name on a driver licence that is not a smartcard driver licence—a replacement licence stating the holder’s new name; or (c) for a change of address—a change of address label.’. (2) Section 39(3), after ‘address label’— insert— ‘under subsection (2)(c)’. 102 Replacement of ss 40–41 Sections 40 to 41— omit, insert— ‘39A Holder may apply for replacement licence if incorrect information on licence ‘(1) This section applies if the holder of a valid Queensland driver licence becomes aware or reasonably suspects the information stated on the licence is incorrect. ‘(2) The holder may apply to the chief executive for the issue of a replacement licence. ‘(3) The application must be made in the approved form. ‘(4) If the chief executive is satisfied the information given by the holder is correct, the chief executive must issue to the applicant— (a) for a smartcard driver licence—a current driver licence receipt stating the correct information; or (b) for a driver licence that is not a smartcard driver licence—a replacement licence stating the correct information. Page 112 2010 SL No. 189

Transport Legislation (New Queensland Driver Licensing) and Other LegislationAmendment Regulation (No. 1) 2010 Part 8 Amendment of Transport Operations (Road Use Management—Driver Licensing)Regulation 1999 [s 102] ‘39B Upgrading to smartcard driver licence ‘(1) This section applies to the holder of a valid Queensland driver licence that is not a smartcard driver licence. ‘(2) The holder may apply to the chief executive to replace the licence with a smartcard driver licence. ‘(3) The application must be made in the approved form. ‘(4) The chief executive— (a) may replace the licence with a smartcard driver licence for the same period as the unexpired period of the licence; and (b) must issue to the holder a current driver licence receipt. ‘39C Smartcard driver licence not received in post ‘(1) This section applies if— (a) the chief executive issues a current driver licence receipt to the holder of a Queensland driver licence; and (b) the holder has not received a smartcard driver licence in the post at the address stated in the holder’s application for the licence within the time stated by the chief executive when the application was made. ‘(2) The holder must promptly notify the chief executive that the holder has not received the smartcard driver licence. ‘(3) If the chief executive is satisfied that the holder has not received the smartcard driver licence because it has been lost or stolen, the chief executive must— (a) advise the holder; and (b) waive payment of the fee for a replacement smartcard driver licence under section 40. 2010 SL No. 189 Page 113

Transport Legislation (New Queensland Driver Licensing) and Other LegislationAmendment Regulation (No. 1) 2010 Part 8 Amendment of Transport Operations (Road Use Management—Driver Licensing)Regulation 1999 [s 102] ‘40 Replacement licence if licence damaged, lost or stolen ‘(1) This section applies if the holder of a valid Queensland driver licence (the original licence ) becomes aware, or reasonably suspects, the licence has been damaged, lost or stolen. ‘(2) The holder must promptly apply to the chief executive for a replacement licence. Maximum penalty—20 penalty units. ‘(3) The application must be made in the approved form. ‘(4) If the chief executive is satisfied the original licence has been damaged, lost or stolen, the chief executive must issue to the applicant— (a) for a smartcard driver licence—a current driver licence receipt; or (b) for a driver licence that is not a smartcard driver licence—a replacement licence. ‘40AA Notifiable events under other Acts ‘(1) This section applies if the holder of a Queensland driver licence— (a) has an obligation under the Act to notify the chief executive of a notifiable event; and (b) has an obligation under a prescribed smartcard Act to notify the chief executive, or the general manager under the Maritime Safety Queensland Act 2002 , of the same notifiable event; and (c) complies with the obligation under the prescribed smartcard Act. ‘(2) The obligation under the Act to notify the chief executive of the notifiable event is taken to have been satisfied if any time allowed to make the notification under the Act has not expired. ‘(3) In this section— Page 114 2010 SL No. 189

Transport Legislation (New Queensland Driver Licensing) and Other LegislationAmendment Regulation (No. 1) 2010 Part 8 Amendment of Transport Operations (Road Use Management—Driver Licensing)Regulation 1999 [s 102] notifiable event means a change of name or a change of address. A ‘40A Replacement labels ‘(1) This section applies if the holder of a valid Queensland driver licence becomes aware, or reasonably suspects, a renewal of licence label or a change of address label has been damaged, lost or stolen. ‘(2) The holder must promptly apply to the chief executive for a replacement label. Maximum penalty—20 penalty units. ‘(3) If the chief executive is satisfied the original label has been damaged, lost or stolen, the chief executive must issue a replacement label to the holder. ‘(4) On receipt of a replacement label, the holder must promptly attach the label to the back of the licence, in the space provided for change of details labels. Maximum penalty—20 penalty units. ‘(5) In this section— change of address label means a label mentioned in section 39(2)(c). renewal of licence label means a label mentioned in section 18F(2)(b). ‘40B Replacement current driver licence receipt ‘(1) This section applies if— (a) the chief executive issues a current driver licence receipt (the original receipt ) to a person; and (b) while the original receipt is in force, it is damaged, lost or stolen. 2010 SL No. 189 Page 115

Transport Legislation (New Queensland Driver Licensing) and Other LegislationAmendment Regulation (No. 1) 2010 Part 8 Amendment of Transport Operations (Road Use Management—Driver Licensing)Regulation 1999 [s 102] Note — A current driver licence receipt is superseded by the issue of a licence—see the Act, schedule 4 (Dictionary), definition current driver licence receipt . ‘(2) The person must promptly apply to the chief executive for a replacement current driver licence receipt. Maximum penalty—20 penalty units. ‘(3) The application must be in the approved form. ‘(4) If the chief executive is satisfied the original receipt has been damaged, lost or stolen, the chief executive must issue to the person a replacement current driver licence receipt. ‘(5) This section does not apply if section 40 applies. ‘41 Damaging licences ‘A person must not wilfully damage a Queensland driver licence. Maximum penalty—20 penalty units. ‘41A Dealing with superseded Queensland driver licence and current driver licence receipt ‘(1) This section applies if— (a) a person has in the person’s possession a superseded Queensland driver licence or a superseded receipt; and (b) the chief executive gives the person a notice requiring the person to destroy the licence or receipt in a stated way. ‘(2) The person must comply with the notice. Maximum penalty—20 penalty units. ‘(3) In this section— superseded receipt means a receipt that is no longer a current driver licence receipt because it has been superseded by the issue of an Australian driver licence.’. Page 116 2010 SL No. 189

Transport Legislation (New Queensland Driver Licensing) and Other LegislationAmendment Regulation (No. 1) 2010 Part 8 Amendment of Transport Operations (Road Use Management—Driver Licensing)Regulation 1999 [s 103] 103 Amendment of s 43A (Queensland driver licence may include information identifying holder of marine licence—Act, s 150A (1) Section 43A(1) and (2), before ‘code’— insert— ‘marine licence indicator’. (2) Section 43A— insert— ‘(3) A marine licence indicator condition code in schedule 2, part 3 stated on a person’s Queensland driver licence indicates whether the person’s marine licence is subject to a condition.’. 104 Amendment of s 43B (Applying to include information on Queensland driver licence identifying holder of marine licence) (1) Section 43B(1)(b), before ‘code’— insert— ‘marine licence indicator’. (2) Section 43B— insert— ‘(4) In this section— Queensland driver licence does not include a smartcard driver licence.’. 105 Replacement of s 43C Section 43C— omit, insert— ‘43BA Change of information on Queensland driver licence identifying holder of marine licence—change in conditions ‘(1) This section applies if— 2010 SL No. 189 Page 117

Transport Legislation (New Queensland Driver Licensing) and Other LegislationAmendment Regulation (No. 1) 2010 Part 8 Amendment of Transport Operations (Road Use Management—Driver Licensing)Regulation 1999 [s 105] (a) a person’s Queensland driver licence has a marine licence indicator code mentioned in section 43A(2) stated on it; and (b) the person’s marine licence is amended under the TransportOperations(MarineSafety)Act1994 to impose or remove a condition on the marine licence; and (c) the person was required under the Transport Operations (Marine Safety) Regulation 2004 , section 162 to return the person’s marine licence indicator to the administering agency. ‘(2) After receiving the person’s Queensland driver licence, the chief executive must— (a) amend the code on the driver licence; and (b) give the person— (i) for a smartcard driver licence—a current driver licence receipt stating the conditions as amended; or (ii) for a driver licence that is not a smartcard driver licence—a replacement driver licence stating the conditions as amended. ‘43C Removal of information on Queensland driver licence identifying holder of marine licence—marine licence cancelled ‘(1) This section applies if— (a) a person’s Queensland driver licence has a marine licence indicator code mentioned in section 43A(2) stated on it; and (b) the person’s marine licence is cancelled under the Transport Operations (Marine Safety) Act 1994 ; and (c) the person was required under a MarineSafetyAct requirement to return the person’s marine licence indicator to the chief executive. Page 118 2010 SL No. 189

Transport Legislation (New Queensland Driver Licensing) and Other LegislationAmendment Regulation (No. 1) 2010 Part 8 Amendment of Transport Operations (Road Use Management—Driver Licensing)Regulation 1999 [s 105] ‘(2) After receiving the person’s Queensland driver licence, the chief executive must— (a) remove the code from the driver licence; and (b) give the person— (i) for a smartcard driver licence—a current driver licence receipt without the code on it; or (ii) for a driver licence that is not a smartcard driver licence—a replacement driver licence without the code on it. ‘(3) In this section— Marine Safety Act requirement means a requirement under— (a) the TransportOperations(MarineSafety)Act1994 , section 202C; or (b) the Transport Operations (Marine Safety) Regulation 2004 , section 168. ‘43D Removal of information on Queensland driver licence identifying holder of marine licence—marine licence surrendered ‘(1) This section applies if— (a) a person’s Queensland driver licence has a code mentioned in section 43A(2) stated on it; and (b) the person’s marine licence is surrendered under the Transport Operations (Marine Safety) Act 1994. ‘(2) The person must return the person’s Queensland driver licence to the chief executive for the removal of the code from the driver licence. Maximum penalty—20 penalty units. ‘(3) After receiving the person’s Queensland driver licence, the chief executive must— (a) remove the code from the driver licence; and 2010 SL No. 189 Page 119

Transport Legislation (New Queensland Driver Licensing) and Other LegislationAmendment Regulation (No. 1) 2010 Part 8 Amendment of Transport Operations (Road Use Management—Driver Licensing)Regulation 1999 [s 106] (b) give the person— (i) for a smartcard driver licence—a current driver licence receipt without the code on it; or (ii) for a driver licence that is not a smartcard driver licence—a replacement driver licence without the code on it.’. 106 Amendment of sch 1 (Fees) (1) Schedule 1, item 12, ‘40(1)’— omit, insert— ‘40(2)’. (2) Schedule 1, item 13, ‘40(1)’— omit, insert— ‘39B(2), 40(2)’. (3) Schedule 1, item 15— omit, insert— ‘15 Release of information under section 77 about a person’s traffic history . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.65’. 107 Amendment of sch 2 (Licence codes) Schedule 2, part 3— omit, insert — ‘Part 3 Marine licence indicator codes Code Marine licence RMDL . . . recreational marine driver licence PWCL . . . personal watercraft licence Page 120 2010 SL No. 189

Transport Legislation (New Queensland Driver Licensing) and Other LegislationAmendment Regulation (No. 1) 2010 Part 8 Amendment of Transport Operations (Road Use Management—Driver Licensing)Regulation 1999 [s 108] Code Condition N . . . . . . . marine licence is not subject to a condition Y . . . . . . . marine licence is subject to a condition’. 108 Amendment of sch 7 (Dictionary) (1) Schedule 7, definition destroy — omit . (2) Schedule 7— insert— ‘ damaged — 1 Damaged , in relation to a document other than a smartcard driver licence, includes— (a) destroyed; or (b) defaced; or (c) damaged to the extent that any information, including a photo, on the licence is unrecognisable. 2 Damaged , in relation to a smartcard driver licence— (a) means— (i) the licence is damaged to an extent that— (A) any information on the licence is impossible or difficult to read with or without the use of technology; or (B) a digital photo or a digitised signature on the licence is impossible or difficult to recognise with or without the use of technology; or (ii) any information stored electronically on the licence is no longer accessible by using the holder’s PIN; and (b) includes destroyed. 2010 SL No. 189 Page 121

Transport Legislation (New Queensland Driver Licensing) and Other LegislationAmendment Regulation (No. 1) 2010 Part 9 Amendment of Transport Planning and Coordination Regulation 2005 [s 109] 3 However, damaged , in relation to a document, does not include the document being destroyed as required under section 41A.’. Part 9 Amendment of Transport Planning and Coordination Regulation 2005 109 Regulation amended This part amends the TransportPlanningandCoordinationRegulation 2005. 110 Insertion of new pt 1, hdg Before section 1— insert— ‘Part 1 Preliminary’. 111 Insertion of new s 2A After section 2— insert— ‘2A Dictionary ‘The dictionary in schedule 3 defines particular words used in this regulation.’. 112 Insertion of new pt 2, hdg After section 2A— insert— ‘Part 2 Code for IDAS’. Page 122 2010 SL No. 189

Transport Legislation (New Queensland Driver Licensing) and Other LegislationAmendment Regulation (No. 1) 2010 Part 9 Amendment of Transport Planning and Coordination Regulation 2005 [s 113] 113 Insertion of new pt 3, hdg After section 3— insert— ‘Part 3 Prescribed transit nodes’. 114 Insertion of new pt 4 After section 4— insert— ‘Part 4 Smartcard transport authorities ‘5 Definitions for pt 4 ‘In this part— digital photo see the Act, section 36F(5). digitised signature see the Act, section 36F(5). most recent digital photo — (a) for a transport authority under the TowTruckAct1973— see schedule 2 of that Act; or (b) for a transport authority under the Transport Operations(Passenger Transport) Act 1994 —see schedule 3 of that Act; or (c) for a transport authority under the Transport Operations(RoadUseManagement)Act1995 —see schedule 4 of that Act. smartcard transport authority see the Act, section 36G(1). transport authority see the Act, section 36G(3). transport authority Act means any of the following Acts— (a) the Tow Truck Act 1973 ; (b) the TransportOperations(PassengerTransport)Act1994 ; 2010 SL No. 189 Page 123

Transport Legislation (New Queensland Driver Licensing) and Other LegislationAmendment Regulation (No. 1) 2010 Part 9 Amendment of Transport Planning and Coordination Regulation 2005 [s 114] (c) the Transport Operations (Road Use Management) Act1995 . ‘6 Smartcard transport authorities ‘(1) A smartcard transport authority issued to a person by the chief executive may— (a) indicate by way of a code, expression or otherwise that the person holds 1 or more transport authorities; and (b) include information about the person’s personal particulars. ‘(2) A smartcard transport authority is, in relation to a particular transport authority, subject to the transport authority Act for the particular transport authority. ‘(3) A code or expression used on a smartcard transport authority in relation to a particular transport authority has the meaning given under the transport authority Act for the particular transport authority. ‘7 Interim transport authorities ‘(1) This section applies if the chief executive intends to issue a smartcard transport authority to a person. ‘(2) The chief executive may issue an interim transport authority to the person. ‘(3) An interim transport authority may contain the following information— (a) its date of issue; (b) any information that may be contained on a smartcard transport authority under section 6; (c) information about anything authorised or required to be stated on it under a transport authority Act. ‘(4) Subsection (3) does not limit the information that may be contained on an interim transport authority. Page 124 2010 SL No. 189

Transport Legislation (New Queensland Driver Licensing) and Other LegislationAmendment Regulation (No. 1) 2010 Part 9 Amendment of Transport Planning and Coordination Regulation 2005 [s 114] ‘(5) An interim transport authority has effect as if it were a smartcard transport authority until the person receives the smartcard transport authority from the chief executive. ‘8 Verification of a person’s connection to the person’s most recent digital photo ‘(1) This section applies if— (a) a person makes an application in relation to 1 or more transport authorities; and (b) the person has been issued with a smartcard transport authority; and (c) the chief executive considers it reasonably necessary to verify the person’s connection to the person’s most recent digital photo relating to the smartcard transport authority. ‘(2) The person must allow the chief executive to take and keep a digital photo and digitised signature of the person under— (a) for a transport authority under the TowTruckAct1973— section 19A of that Act; or (b) for a transport authority under the Transport Operations(PassengerTransport)Act1994 —section 35A of that Act; or (c) for a transport authority under the Transport Operations(Road Use Management) Act 1995 —section 91A of that Act. ‘9 Replacement of smartcard transport authority ‘(1) This section applies if a person has been issued with a smartcard transport authority and, under a transport authority Act, any of the following happens— (a) the person is granted a transport authority; (b) a transport authority held by the person is amended, suspended or cancelled; 2010 SL No. 189 Page 125

Transport Legislation (New Queensland Driver Licensing) and Other LegislationAmendment Regulation (No. 1) 2010 Part 10 Amendment of Liquor Regulation 2002 [s 115] (c) a period of suspension of a transport authority held by the person ends; (d) the person is to be given a replacement document evidencing a transport authority held by the person. ‘(2) The chief executive may issue a replacement smartcard transport authority to the person. ‘(3) The replacement smartcard transport authority must evidence each transport authority held by the person.’. 115 Insertion of new sch 3 After schedule 2— insert — ‘Schedule 3 Dictionary section 2A digital photo , for part 4, see section 5. digitised signature , for part 4, see section 5. most recent digital photo , for part 4, see section 5. smartcard transport authority , for part 4, see section 5. transport authority , for part 4, see section 5. transport authority Act , for part 4, see section 5.’. Part 10 Amendment of Liquor Regulation 2002 116 Regulation amended This part amends the Liquor Regulation 2002. Page 126 2010 SL No. 189

Transport Legislation (New Queensland Driver Licensing) and Other LegislationAmendment Regulation (No. 1) 2010 Part 10 Amendment of Liquor Regulation 2002 [s 117] 117 Omission of s 38 (Proof of age card) Section 38— omit . ENDNOTES 1 Made by the Governor in Council on 22 July 2010. 2 Notified in the gazette on 23 July 2010. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Transport and Main Roads. © State of Queensland 2010 2010 SL No. 189 Page 127