Transport Operations (Passenger Transport) Act 1994 (Qld)

Transport Operations (Passenger Transport) Act 1994

An Act about passenger transport, and for other purposes

Chapter 1    Preliminary

1   Short title

This Act may be cited as the Transport Operations (Passenger Transport) Act 1994.

2   Objectives of Act

(1)This Act is intended to achieve the provision of the best possible public passenger transport at reasonable cost to the community and government, keeping government regulation to a minimum.

(2)However, this Act recognises that market entry restrictions may be needed in the public interest.

(3)The overall objectives of this Act are, consistent with the objectives of the Transport Planning and Coordination Act 1994, to—

(a)enable the effective planning and efficient management of public passenger transport in the State; and

(b)provide a system of public passenger transport in the State that—

(i)is responsive to community needs; and

(ii)offers an attractive alternative to private transport in a way that reduces the overall environmental, economic and social costs of passenger transport; and

(iii)addresses the challenges of future growth; and

(iv)provides a high level of accountability; and

(v)provides public passenger services at a reasonable cost to the community and government; and

(c)promote the personal safety of persons using public passenger transport; and

(d)provide a reasonable level of community access and mobility in support of the Government’s social justice objectives; and

(e)provide an adequate framework for coordinating the different forms of public passenger transport to form a comprehensive, integrated and efficient system.

3   Definitions—the dictionary

(1)The dictionary at the end of this Act defines particular words used in this Act.

(2)To remove any doubt, the dictionary is a schedule.

4   Act binds all persons

(1)In this section—

government entity includes—

(a)the State, the Commonwealth or another State; or

(b)an instrumentality or agent of the State, the Commonwealth or another State.

(2)This Act binds all persons, including every government entity.

(3)However, a regulation may exempt a government entity from this Act or a provision of this Act.

4A   Act does not prevent local law from imposing additional requirements

This Act does not prevent a local government from making a local law imposing requirements that are additional to requirements under this Act for the protection of property or infrastructure relating to public passenger transport in its local government area.

4B   Reference to offence against provision of an Act that is a disqualifying offence or a driver disqualifying offence

(1)This section applies to any provision of this Act that defines a particular provision of an Act as a disqualifying offence or a driver disqualifying offence.

(2)The reference to the particular provision includes the provision as it existed at any time before it was made, even though it was amended from time to time and even though the provision had a different number from time to time.

(3)Subsection (2) does not limit the Acts Interpretation Act 1954, section 14H.

Chapter 2    Responsibilities for transport strategies and programs

Part 1    Passenger transport strategies

5   Development of passenger transport strategies

(1)The chief executive must, from time to time, develop for the Minister’s approval passenger transport strategies designed to give effect to the transport coordination plan in accordance with this Act’s objectives.

(2)In developing passenger transport strategies, the chief executive must take reasonable steps to engage in public consultation.

(3)The Minister may, at any time, direct the chief executive to prepare new passenger transport strategies for the Minister’s approval or to amend passenger transport strategies in the way the Minister directs.

(4)The Minister may approve passenger transport strategies submitted for approval by the chief executive or require the chief executive to amend the strategies in the way the Minister directs.

(5)The Minister must table a copy of each passenger transport strategy, and each amendment of a passenger transport strategy, approved by the Minister in the Legislative Assembly within 5 sitting days after it is approved.

6   Contents of passenger transport strategies

(1)Passenger transport strategies must include—

(a)a statement of the specific objectives sought to be achieved; and

(b)proposals for the provision of public passenger transport; and

(c)criteria for deciding priorities for government spending on public passenger transport, and options for raising the necessary finance; and

(d)appropriate performance indicators for deciding whether, and to what extent, the objectives of the strategies have been achieved.

(2)Passenger transport strategies must aim to provide an adequate framework for coordinating and integrating the provision of passenger transport between the different transport modes and different levels of government.

(3)Passenger transport strategies may also take into account agreements between the State and the Commonwealth, other States and local governments about passenger transport.

(4)If there is an integrated regional transport plan under the Transport Planning and Coordination Act 1994 for an area, the passenger transport strategies for the area must not be inconsistent with, and must give effect to, the plan.

Part 2    Passenger transport implementation programs

7   Development of passenger transport implementation programs

(1)Before the start of each financial year, the chief executive must develop for the Minister’s approval passenger transport implementation programs for the year and for 1 or more later years.

(2)A passenger transport implementation program must include a statement of—

(a)the policies, projects and financial provisions for implementing the passenger transport strategies; and

(b)the performance targets to be achieved.

(3)A passenger transport implementation program may include proposals to spend amounts not directly related to public passenger transport if the proposals would contribute to the effectiveness and efficiency of public passenger transport.

(4)In developing passenger transport implementation programs, the chief executive must take reasonable steps to engage in public consultation.

(5)A passenger transport implementation program must be made available to the public in a way decided by the Minister.

(6)The Minister may at any time direct the chief executive to amend a passenger transport implementation program.

(7)The Minister may approve passenger transport implementation programs submitted for approval by the chief executive or require the chief executive to amend the programs in the way the Minister directs.

8   Consistency with passenger transport strategies

(1)Subject to directions of the Minister, a passenger transport implementation program must be consistent with the passenger transport strategies.

(2)If the Minister gives a direction under this section resulting in a passenger transport implementation program being inconsistent with passenger transport strategies, the Minister must table a copy of the direction in the Legislative Assembly within 5 sitting days after it is given.

9   Report on operation of passenger transport programs

Each annual report of the department must include a report on the implementation of passenger transport implementation programs during the year to which the report relates.

Part 3    Chief executive’s general accountabilities

10   Obligations about public passenger transport

(1)The chief executive must ensure—

(a)public passenger transport is developed in a way that—

(i)takes into account best practice and national benchmarks; and

(ii)promotes, within overall transport objectives, the safety of passengers; and

(iii)encourages efficient, competitive and commercial behaviour in the provision of public passenger transport; and

(iv)ensures a strategic and integrated approach to the provision of public passenger transport; and

(v)promotes energy efficiency and reduces adverse environmental impact; and

(b)public passenger transport operates to achieve—

(i)efficiency; and

(ii)cost effectiveness; and

(iii)the highest quality and accessibility of services, and effective infrastructure, consistent with reasonable cost; and

(c)funding provided by the State for public passenger transport is applied in an efficient, cost effective and equitable way.

(2)Each annual report of the department must include a report on how effect has been given to subsection (1) during the year to which the report relates.

Chapter 3    Operator accreditation

11   Purpose of operator accreditation

The purpose of operator accreditation is to encourage the high quality operation of public passenger services by—

(a)raising standards and awareness of operators in the areas of safety, service delivery and business acumen; and

(b)ensuring public passenger service operators are held accountable for complying with appropriate standards.

12   What is operator accreditation

Operator accreditation is an accreditation that authorises the holder of the accreditation to provide, as an operator, a public passenger service of a particular kind.

13   [Repealed]

14   Operator accreditation standards

Standards about operator accreditation may relate to—

(a)the applicant’s capacity to ensure the appropriate operation and maintenance of public passenger vehicles; and

(b)the applicant’s ability to provide a quality public passenger service; and

(c)an operator’s responsibility to comply with vehicle design, safety and operational requirements; and

(d)the applicant’s business management skills, including, expertise in timetabling, route planning, marketing, customer services and financial management; and

(e)the operator’s responsibility to comply with or ensure that a driver complies with an Act, or a provision of an Act, that would promote safety or customer service; and

(f)other matters prescribed by regulation.

Note—

Chapter 9 deals with the making of standards.

15   Operator must hold operator accreditation

(1)A person must not provide, as an operator, a public passenger service unless the person holds operator accreditation for the service.

Maximum penalty—

(a)if the person does not hold operator accreditation—160 penalty units; or

(b)if the person holds operator accreditation to provide a public passenger service other than the public passenger service provided by the person—20 penalty units.

(2)Subsection (1) does not apply to a person providing, as an operator, a public passenger service if the service is—

(a)not provided on a road; or

(b)provided using a light rail vehicle; or

(c)prescribed by regulation as a service to which this section does not apply.

16   Responsibility for system of operator accreditation

(1)The chief executive is responsible for administering the scheme of operator accreditation.

(2)If a person to whom the chief executive delegates powers about operator accreditation that are prescribed by regulation fails, without reasonable excuse, to comply with a condition of the delegation, the person commits an offence.

Maximum penalty—160 penalty units.

17   Granting, renewing or refusing operator accreditation

(1)A regulation may make provision about granting, renewing, or refusing to grant or renew, operator accreditation.

(2)Without limiting subsection (1), a regulation may authorise the chief executive to refuse to grant a person operator accreditation if—

(a)for an individual—the person has been convicted of a disqualifying offence or has been charged with a disqualifying offence and the charge has not been finally disposed of; or

(b)for a member of a partnership—the person, or another member of the partnership, has been convicted of a disqualifying offence or has been charged with a disqualifying offence and the charge has not been finally disposed of; or

(c)for a corporation—the corporation, or an executive officer of the corporation, has been convicted of a disqualifying offence or has been charged with a disqualifying offence and the charge has not been finally disposed of.

18   Provisional operator accreditation

A regulation may provide for granting, or refusing to grant, operator accreditation on a provisional basis.

19   Applicant to notify charge for disqualifying offence etc.

(1)If an applicant for an operator accreditation is charged with a disqualifying offence, the applicant must immediately notify the chief executive under the regulations.

(2)When the charge is dealt with, the applicant must immediately notify the chief executive under the regulations of the outcome of the charge.

Maximum penalty—10 penalty units.

20   Amendment, suspension and cancellation of operator accreditation

(1)A regulation may make provision about amending, suspending or cancelling operator accreditation.

(2)Without limiting subsection (1), a regulation may authorise the chief executive to suspend or cancel a person’s operator accreditation if—

(a)for an individual—the person is convicted of a disqualifying offence; or

(b)for a member of a partnership—the person, or another member of the partnership, is convicted of a disqualifying offence; or

(c)for a corporation—the corporation, or an executive officer of the corporation, is convicted of a disqualifying offence.

(3)Without limiting subsection (1), a regulation may authorise the chief executive to immediately suspend a person’s operator accreditation if—

(a)for an individual—the person is charged with a disqualifying offence or the chief executive otherwise considers it necessary in the public interest; or

(b)for a member of a partnership—the person, or another member of the partnership, is charged with a disqualifying offence or the chief executive otherwise considers it necessary in the public interest; or

(c)for a corporation—the corporation, or an executive officer of the corporation, is charged with a disqualifying offence or the chief executive otherwise considers it necessary in the public interest.

21   Accredited operator to notify charge for disqualifying offence etc.

(1)A person who is an accredited operator must immediately notify the chief executive under the regulations if—

(a)for an individual—the person is charged with a disqualifying offence; or

(b)for a member of a partnership—the person, or another member of the partnership, is charged with a disqualifying offence; or

(c)for a corporation—the corporation, or an executive officer of the corporation, is charged with a disqualifying offence.

(2)When the charge is dealt with, the person must immediately notify the chief executive under the regulations of the outcome of the charge.

Maximum penalty—10 penalty units.

22   Member of partnership must inform another partner of charge for disqualifying offence etc.

(1)A member of a partnership that is an accredited operator must immediately inform, under the regulations, another member of the partnership if the member is charged with a disqualifying offence.

(2)When the charge is dealt with, the member must immediately inform, under the regulations, another member of the partnership of the outcome of the charge.

(3)An executive officer of a corporation that is an accredited operator must immediately inform, under the regulations, another executive officer of the corporation if the executive officer is charged with a disqualifying offence.

(4)When the charge is dealt with, the executive officer must immediately inform, under the regulations, another executive officer of the corporation of the outcome of the charge.

Maximum penalty—10 penalty units.

22A   Operator accreditation is evidence of being the operator

In a proceeding for an offence against this Act, evidence that a person—

(a)is involved in providing a public passenger service; and

(b)holds operator accreditation;

is evidence that the person is the operator of the service.

22B   Accredited operator to notify if authorised driver charged with or convicted of driver disqualifying offence

(1)This section applies if an accredited operator reasonably believes that an authorised driver who drives a vehicle for the operator has been charged with, or convicted of, a driver disqualifying offence.

(2)The accredited operator must immediately notify the chief executive, in writing, about the charging or conviction of the authorised driver.

Maximum penalty—10 penalty units.

(3)However, the accredited operator need not comply with subsection (2) if the operator reasonably believes the chief executive has already been notified that the authorised driver has been charged with, or convicted of, the driver disqualifying offence.

(4)The accredited operator is not liable, civilly, criminally or under an administrative process, for complying with subsection (2).

(5)Without limiting subsection (4)—

(a)in a proceeding for defamation, the accredited operator has a defence of absolute privilege for publishing the information; and

(b)if the accredited operator would otherwise be required to maintain confidentiality about the information under an Act, oath, rule of law or practice—

(i)the accredited operator does not contravene the requirement by disclosing the information; and

(ii)the accredited operator is not liable to disciplinary action for giving the information.

Chapter 4    Driver authorisation

Part 1    General

23   Purpose of driver authorisation

(1)The purpose of driver authorisation is to maximise public confidence in public passenger services in relation to the drivers of public passenger vehicles.

(2)Without limiting subsection (1), the purpose includes ensuring that drivers of public passenger vehicles—

(a)are suitable persons to drive public passenger vehicles having regard to the need to provide for the personal safety of passengers and their property, and the public; and

(b)conduct themselves responsibly with passengers and the public; and

(c)are responsible in the act of driving and are capable of safely operating the relevant type of vehicle; and

(d)are aware of their customer service responsibilities; and

(e)are held accountable for complying with appropriate standards.

(3)Without limiting subsection (1) or (2), the purpose also includes ensuring that drivers do not damage the reputation of public passenger transport.

(4)In deciding whether to grant driver authorisation to a person, or to renew or amend, impose a condition on, or suspend or cancel a person’s driver authorisation, the chief executive must take into consideration—

(a)the purpose of driver authorisation mentioned in subsections (1) to (3); and

(b)the paramount principle mentioned in section 33A that children and other vulnerable members of the community must be protected.

24   What is driver authorisation

Driver authorisation is an authorisation that authorises the holder of the authorisation to drive a vehicle to provide a public passenger service of a particular kind.

25   [Repealed]

26   Driver authorisation standards

Standards about driver authorisation may—

(a)relate to the applicant’s ability to drive safely a public passenger vehicle of the relevant category; and

(b)include requirements about the medical fitness of applicants for, and holders of, driver authorisation; and

(c)require compliance with the Anti-Discrimination Act 1991; and

(d)relate to customer service and other matters prescribed by regulation; and

(e)require compliance with another Act, or a provision of another Act, that would promote safety or customer service.

Note—

Chapter 9 deals with the making of standards.

27   Driver must hold driver authorisation

(1)A person must not drive a vehicle to provide a public passenger service unless the person holds driver authorisation for the service.

Maximum penalty—

(a)if the person does not hold driver authorisation—

(i)for a first offence—100 penalty units; or

(ii)for a second or later offence—200 penalty units;

Note—

See sections 150B and 150C in relation to the application of the penalty for this subsection.

(b)if the person holds driver authorisation to provide a public passenger service other than the public passenger service provided by the person—20 penalty units.

(2)Subsection (1) does not apply to a person driving a vehicle to provide a public passenger service if the service is—

(a)not provided on a road; or

(b)provided using a light rail vehicle; or

(c)prescribed by regulation as a service to which this section does not apply.

27A   Person must use drivers that hold driver authorisation

(1)A person must not provide a public passenger service unless the person uses a driver who holds driver authorisation for the service.

Maximum penalty—

(a)if the driver does not hold driver authorisation—160 penalty units; or

(b)if the driver holds driver authorisation to provide a public passenger service other than the public passenger service provided by the driver—20 penalty units.

(2)For subsection (1), a person provides a public passenger service if the person—

(a)is an operator of the service; or

(b)for a booked hire service—provides a booking service for the service.

(3)Subsection (1) does not apply to a person providing a public passenger service if the service is—

(a)not provided on a road; or

(b)provided using a light rail vehicle; or

(c)prescribed by regulation as a service to which this section does not apply.

28   Responsibility for system of driver authorisation

(1)The chief executive is responsible for administering the scheme of driver authorisation.

(2)If a person to whom the chief executive delegates powers about driver authorisation that are prescribed by regulation fails, without reasonable excuse, to comply with a condition of the delegation, the person commits an offence.

Maximum penalty—160 penalty units.

28A   Ineligibility for driver authorisation—category A driver disqualifying offences

A person is ineligible to apply for or hold driver authorisation if the person has been convicted of a category A driver disqualifying offence.

28B   Driver authorisation—category B driver disqualifying offences

(1)This section applies if the chief executive is aware that a person who is an applicant for driver authorisation or who holds driver authorisation has been convicted of a category B driver disqualifying offence.

(2)The chief executive must give the person written notice of the chief executive’s intention to refuse to grant or renew, or to cancel, the driver authorisation (the exclusion action) unless the person demonstrates to the chief executive’s satisfaction that an exceptional case exists.

Example of an exceptional case—

A person with no other criminal history was convicted of unlawful penile intercourse 30 years ago and placed on a good behaviour bond after being involved in a consensual sexual relationship with a 15 year old when the person was 17.

(3)The chief executive must give the person a written notice about the exclusion action—

(a)identifying the category B driver disqualifying offence of which the person has been convicted; and

(b)stating the requirements of subsection (7); and

(c)giving the person an opportunity to make written representations about the category B driver disqualifying offence and the exclusion action within 28 days.

(3A)Subsection (4) applies only if the person has been convicted of a category B driver disqualifying offence that is also a serious offence or disqualifying offence under the Working with Children (Risk Management and Screening) Act 2000 to the extent that any qualification under that Act applies to the serious offence or disqualifying offence.

(4)The chief executive must ask the chief executive (employment screening) whether the chief executive (employment screening) considers an exceptional case exists.

(4A)For subsection (4), the chief executive may give to the chief executive (employment screening) the information, including any written representations mentioned under subsection (3)(c), the chief executive reasonably considers necessary for the chief executive (employment screening) to consider whether an exceptional case exists.

(4B)Also for subsection (4), the chief executive is taken to have made the request under that subsection if the chief executive obtains confirmation from the chief executive (employment screening) that a person is the holder of a working with children clearance under the Working with Children (Risk Management and Screening) Act 2000 that is not suspended under that Act.

(5)The chief executive (employment screening) may give the chief executive the advice requested under subsection (4).

(5A)However, if subsection (4B) applies, the chief executive (employment screening) is taken to have advised the chief executive that the chief executive (employment screening) considers that an exceptional case exists.

(6)Without limiting the chief executive’s power to take the exclusion action if the advice of the chief executive (employment screening) was requested under subsection (4), the chief executive—

(a)must take the advice of the chief executive (employment screening) into account; and

(b)can not be satisfied that an exceptional case exists if the chief executive (employment screening) advises the chief executive that the chief executive (employment screening) considers an exceptional case does not exist.

(7)The chief executive must consider any written representations made by the person and must take the exclusion action unless the chief executive, subject to subsection (6) and the paramount principle mentioned in section 33A, is satisfied that an exceptional case exists.

(8)Nothing in this section limits action the chief executive may take under any other provision of this Act.

28C   Driver authorisation—category C driver disqualifying offences

(1)This section applies if the chief executive is aware that a person who is an applicant for driver authorisation or who holds driver authorisation has been convicted of a category C driver disqualifying offence.

(2)Without limiting the grounds on which the chief executive may deal with the application or the driver authorisation, the chief executive may do any of the following (the proposed action)—

(a)refuse to grant driver authorisation to the person;

(b)refuse to renew the person’s driver authorisation;

(c)suspend or cancel the person’s driver authorisation.

(3)The chief executive must give the person written notice of the proposed action.

(4)Nothing in this section limits action the chief executive may take under any other provision of this Act.

29   Granting, renewing or refusing driver authorisation

(1)A regulation may make provision about granting, renewing, or refusing to grant or renew, driver authorisation.

(2)Without limiting subsection (1), a regulation may authorise the chief executive—

(a)to impose a condition when granting driver authorisation to a person or renewing a person’s driver authorisation; or

(b)to refuse to grant driver authorisation to a person or to renew the person’s driver authorisation if the person—

(i)has been convicted of a category C driver disqualifying offence; or

(ii)has been charged with a driver disqualifying offence and the charge has not been finally disposed of.

(3)Also, without limiting subsection (1), a regulation may provide for the following—

(a)an authorising document;

(b)an authorising document to be in the form of a card or something similar approved by the chief executive and on which information may be stored electronically;

(c)a PIN to be used by the holder of driver authorisation as a security measure to protect information stored electronically on an authorising document.

(4)Further, without limiting subsections (1) to (3), a regulation may provide that—

(a)an authorising document may include on it information about—

(i)the kinds of public passenger services for which the holder of the authorisation is an authorised driver; or

(ii)another transport authority held by the person under a prescribed transport Act, if allowed under that Act; or

(b)information about driver authorisation may be included on another transport authority.

Note—

See also the Transport Planning and Coordination Act 1994, section 36G for smartcard transport authorities.

(5)In this section—

prescribed transport Act means—

(a)the Tow Truck Act 2023; or

(b)the Transport Operations (Road Use Management) Act 1995.

transport authority means—

(a)a driver accreditation or an assistant accreditation under the Tow Truck Act 2023; or

(b)a prescribed authority (other than a Queensland driver licence) under the Transport Operations (Road Use Management) Act 1995.

29AA   Smartcard driver authorisation is property of the State

(1)A smartcard driver authorisation is and remains the property of the State.

(2)Subsection (1) applies even though a person other than the State—

(a)has the right to use information that is on the smartcard driver authorisation or stored electronically on it; or

(b)has the right to have information stored on the smartcard driver authorisation.

(3)The State is not legally liable for an act or omission relating to the keeping or use of the smartcard driver authorisation.

29A   Restricted driver authorisation

(1)A regulation may make provision about an operator, who holds operator accreditation to operate a public passenger service, granting on behalf of the chief executive a restricted driver authorisation to authorise a person to drive a public passenger vehicle while, and only while, it is being used by the operator to provide the service.

(2)Without limiting subsection (1), a regulation may—

(a)limit the persons to whom restricted driver authorisation may be granted; or

(b)exclude an operator from granting restricted driver authorisation; or

(c)provide for restrictions applying to a driver under restricted driver authorisation.

30   Provisional driver authorisation

A regulation may provide for granting, or refusing to grant, driver authorisation on a provisional basis, including provisional authorisation in an emergency.

31   Applicant to notify charge for driver disqualifying offence etc.

(1)If an applicant for driver authorisation is charged with a driver disqualifying offence, the applicant must immediately notify the chief executive under the regulations.

Maximum penalty—100 penalty units.

(2)When the charge is dealt with, the applicant must immediately notify the chief executive under the regulations of the outcome of the charge.

Maximum penalty—100 penalty units.

32   Amendment, suspension and cancellation of driver authorisations

(1)A regulation may make provision about amending, suspending or cancelling driver authorisations.

(1A)Without limiting subsection (1), a regulation may authorise the chief executive to amend, including immediately amend, a person’s driver authorisation by imposing a condition on the authorisation.

(2)Without limiting subsection (1), a regulation may authorise the chief executive to suspend or cancel a person’s driver authorisation if the person is convicted of a category B or category C driver disqualifying offence.

(3)Without limiting subsection (1), a regulation may authorise the chief executive to immediately suspend a person’s driver authorisation if the person is charged with a driver disqualifying offence or the chief executive otherwise considers it necessary in the public interest.

33   Authorised driver must notify charge for driver disqualifying offence etc.

(1)An authorised driver must immediately notify the chief executive under the regulations if the driver is charged with a driver disqualifying offence.

Maximum penalty—100 penalty units.

(2)When the charge is dealt with, the authorised driver must immediately inform the chief executive under the regulations of the outcome of the charge.

Maximum penalty—100 penalty units.

33A   Protection of children and vulnerable members of the community

(1)This section applies to the following when making decisions about driver authorisation—

(a)the chief executive;

(b)persons constituting a review panel under the Transport Planning and Coordination Act 1994;

(c)a court hearing an appeal against a decision about driver authorisation.

(2)If, because an applicant for, or a holder of, driver authorisation has been charged with or convicted of a driver disqualifying offence or for any other reason, the safety of children or other vulnerable members of the community becomes relevant, the paramount principle is that children and other vulnerable members of the community must be protected.

34   Authorised driver must notify suspension or cancellation of licence etc.

If a licence or other authorisation required under another Act to drive a vehicle of a type to which a person’s driver authorisation relates is suspended or cancelled, the person must immediately notify the chief executive under the regulations.

Maximum penalty—100 penalty units.

34A   Authorised driver must notify damage, loss or theft of authorising document issued by chief executive

(1)If a person’s authorising document issued by the chief executive is damaged, lost or stolen, the person must notify the chief executive, as soon as practicable, in the way prescribed under a regulation.

Maximum penalty—20 penalty units.

(2)In this section—

damaged, in relation to an authorising document—

(a)means—

(i)the document is damaged to an extent that—

(A)any information on the document is impossible or difficult to read without the use of technology; or

(B)a digital photo or a digitised signature on the document is impossible or difficult to recognise without the use of technology; or

(ii)any information stored electronically on the document is no longer accessible by using the holder’s PIN; and

(b)includes destroyed.

35   Driver’s obligation to notify of suspension or cancellation of licence etc.

(1)This section applies to a person who is an authorised driver and who drives a vehicle to provide a public passenger service if—

(a)the person is not the operator of the service; or

(b)for a booked hire service—another person provides booking services for the service.

(2)The person must immediately give written notice to the operator or other person if—

(a)a licence or other authorisation required under another Act to drive a vehicle of a type to which the person’s driver authorisation relates is suspended or cancelled; or

(b)if the public passenger service is of a kind for which driver authorisation is required under this Act—the person’s driver authorisation is suspended or cancelled.

Maximum penalty—100 penalty units.

Part 2    [Repealed]

35A   [Repealed]

35AA   [Repealed]

35B   [Repealed]

35C   [Repealed]

35D   [Repealed]

35E   [Repealed]

35F   [Repealed]

35G   [Repealed]

Part 3    Restricted release of information about driver authorisation

35H   Restricted written release of information

(1)The chief executive may release, in writing, information kept under this Act about a person’s driver authorisation to—

(a)on receiving an application in the approved form—

(i)the person; or

(ii)with the person’s written consent—another person; or

(b)the commissioner of the police service for the purpose of any function of the commissioner or any function of the police service.

(2)Also, the chief executive may release, in writing, to an entity information kept under this Act about a person’s driver authorisation if—

(a)the person produces the person’s authorising document to the entity as proof of the person’s identity; and

(b)the entity applies in the approved form for the information; and

(c)the information is necessary to verify the validity of the driver authorisation.

(3)An application mentioned in subsection (1)(a) or (2)(b) may be made electronically.

35I   Restricted oral release of particular information

(1)The chief executive may orally release, to a person, information kept under this Act about the person’s driver authorisation.

(2)However, subsection (1) applies only if the chief executive is satisfied that the person is the person to whom the information relates.

Example for subsection (2)—

The chief executive may be satisfied as required under subsection (2) if the person correctly answers a series of questions, or produces a document, for identifying the person.

Chapter 4A    [Repealed]

35J   [Repealed]

35K   [Repealed]

35L   [Repealed]

35M   [Repealed]

35N   [Repealed]

35O   [Repealed]

35P   [Repealed]

35Q   [Repealed]

35R   [Repealed]

Chapter 5    Market entry restrictions

36   Market entry restrictions

(1)A regulation may declare that a public passenger service is to be provided with market entry restrictions.

(2)Before a regulation is made under subsection (1), the Minister must be of the opinion that the following criteria are met, or can be met or substantially met—

(a)the level of services would be greater than the level that would otherwise be provided;

(b)access to public passenger transport would be greater than would otherwise be achieved;

(c)service innovation would be greater than would otherwise be achieved;

(d)the particular public passenger services would better meet the Government’s social justice objectives at a lower cost to the Government than would otherwise be achieved.

36AA    No compensation for changes to market entry restrictions

(1)Compensation is not payable if a regulation under section 36(1) is made, amended or repealed.

(2)Also, compensation is not payable if, because of a regulation mentioned in subsection (1)—

(a)anything previously permitted is prohibited or regulated; or

(b)anything previously prohibited is permitted or regulated; or

(c)anything previously regulated is no longer regulated or regulated in a different way.

(3)This section does not prevent a regulation providing for payment of compensation.

Chapter 5A    Essential public transport infrastructure

36A   Declaration of essential public transport infrastructure

(1)A regulation may declare infrastructure to be essential public transport infrastructure.

(2)However, the declaration may be made only if—

(a)the infrastructure is used, or may be used, for the provision of a public passenger service; and

(b)the Minister is satisfied that the infrastructure—

(i)makes up part of the transport network for public passenger services; and

(ii)is essential to the continuity of public passenger services.

(3)The declaration must identify the infrastructure and the public passenger service.

(4)In this section—

infrastructure includes land and any other property.

36B   Chief executive’s power to give direction about use of essential public transport infrastructure

(1)The chief executive may, by written notice, give the owner of essential public transport infrastructure a direction—

(a)to allow any operator of the relevant service for the infrastructure to use the infrastructure on stated conditions fixed by the chief executive; and

(b)not to change the infrastructure in a way that restricts that use.

(2)However, before giving the direction, the chief executive must—

(a)give the relevant parties a reasonable opportunity to make written submissions about the proposed direction; and

(b)consider any submissions made under paragraph (a); and

(c)be satisfied that—

(i)the relevant parties have not been able to reach an agreement about the use under the proposed declaration; and

(ii)there is no other reasonably practicable alternative to the direction that will secure the use.

(3)The direction must—

(a)identify the infrastructure and the relevant service; and

(b)state a reasonable period within which the direction must be complied with; and

(c)include, or be accompanied by, an information notice about the decision to give the direction and the decision to fix the conditions.

(4)The direction is an essential infrastructure direction.

(5)In this section—

relevant parties means—

(a)the owner and anyone else who would, under section 36C, be bound by the proposed direction; and

(b)any operator of the relevant service.

relevant service means the public passenger service identified in the declaration that declared the essential public transport infrastructure.

36C   Persons bound by essential infrastructure direction

An essential infrastructure direction binds—

(a)the owner and any lessee of the infrastructure to which the direction relates; and

(b)to the extent the infrastructure consists of land—any person with an interest in the land; and

(c)a transferee of the infrastructure from a person mentioned in paragraph (a) or (b); and

(d)a transferee of the infrastructure from a person mentioned in paragraph (c); and

(e)anyone else who has control of the infrastructure.

36D   Failure to comply with essential infrastructure direction

A person who is bound by an essential infrastructure direction must comply with the direction.

Maximum penalty—1,665 penalty units.

36E   Record of essential infrastructure direction in land registry

(1)This section applies if an essential infrastructure direction relates to land.

(2)As soon as practicable after giving the direction, the chief executive must give the registrar written notice of the giving of the direction.

(3)The registrar must keep records showing that the direction has been given.

(4)The registrar must keep the records in a way that a search of any register kept by the registrar will show that the direction has been given.

(5)If the direction is amended or repealed, the chief executive must give written notice of that fact to the registrar.

(6)As soon as practicable after receiving a notice under subsection (5), the registrar must—

(a)for an amendment—change the records to reflect the amendment; or

(b)if the direction is repealed—remove the particulars of the direction from the records.

(7)In this section—

registrar means the registrar of titles under the Land Title Act 1994 or another person responsible for keeping a register for dealings in land.

36F   Compensation

(1)A person bound by an essential infrastructure direction may claim compensation from the State for costs incurred by the person in complying with the direction.

(2)The amount of the compensation is to be decided by agreement between the chief executive and the claimant or, if there is no agreement, by an arbitrator.

(3)The arbitrator must be appointed by—

(a)agreement between the chief executive and the claimant; or

(b)if the chief executive and the claimant can not agree—the Institute of Arbitrators & Mediators Australia or, if that body ceases to exist, another body that represents arbitrators.

(4)The compensation must not include any component for—

(a)loss of income or profit for any use of the infrastructure other than that required to be allowed under the direction; or

(b)diminution in the value of the infrastructure or land related to the infrastructure because of the direction.

(5)Without limiting the matters an arbitrator may or may not take into account, a regulation may provide for matters to be considered, or not considered, in deciding the amount of compensation.

(6)The Commercial Arbitration Act 2013 applies to the arbitration.

36G   [Repealed]

Chapter 6    Service contracts

Part 1    Preliminary

Division 1 Application of service contracts

37   Purpose of service contracts

The purpose of service contracts is to hold operators accountable for minimum performance levels to ensure the communities served under the contracts receive, at a reasonable cost, quality and innovative public passenger services.

38   What are service contracts

(1)A service contract is a contract between the chief executive for the State and an operator under which the operator is required to provide a public passenger service for an area or route in a way that meets or exceeds performance levels stated in the contract.

(2)If—

(a)a regulation has been made under section 36 (Market entry restrictions) for a public passenger service; and

(b)the chief executive has declared, under section 42 (Declaration that service contracts are required), that a service contract is required to provide the service for an area or a route;

a service contract may provide the operator with the exclusive right to operate the public passenger service for the area or route.

38A   [Repealed]

38B   Chief executive may enter into service contracts

The chief executive may, for the State, enter into a service contract.

39   Scope of service contracts

The categories of public passenger service for which service contracts may be required are—

(a)scheduled passenger services; and

(b)ferry services; and

(c)another category of public passenger services prescribed by regulation.

40   Service contracts to include minimum service levels

(1)A service contract must state minimum service levels to be complied with by the holder.

(2)Minimum service levels for a particular public passenger service must specify—

(a)the periods when the public passenger service is to be provided; and

(b)the nature, frequency and extent of the public passenger service during the periods or particular parts of the periods.

(3)Minimum service levels must have regard to—

(a)the needs of the community for whose benefit the service is provided; and

(b)service levels in comparable communities, whether in Queensland, elsewhere in Australia or in a foreign country; and

(c)the cost of service provision.

41   Other matters to be included in service contracts

(1)A service contract may—

(a)establish performance outcomes for frequency, regularity, punctuality and accessibility; and

(b)establish performance outcomes for customer information and service; and

(c)establish principles for fare setting; and

(ca)establish principles for fare collection; and

(d)establish performance levels for the quality and type of public passenger vehicles; and

(e)establish criteria for government payments under the contract; and

(ea)require the holder to charge fares decided by the chief executive; and

(f)require the holder to provide or fund infrastructure associated with providing the public passenger service; and

(g)require the holder to have or develop a business plan outlining how the performance levels are to be achieved; and

(h)require the holder to establish a management information system to monitor, record and report periodically on performance; and

(i)require the holder to provide the chief executive with information the chief executive may require; and

(j)establish performance outcomes for other aspects of the way the holder provides the public passenger service or carries on business; and

(ja)require the holder to provide improved levels of productivity; and

(k)provide for the payment of compensation by the holder if the holder contravenes a condition of the contract, including, for example, compensation for the cost of providing the service through another holder; and

(l)include other terms required by the chief executive.

(2)The chief executive—

(a)is obliged under a service contract to act in a reasonable way to facilitate the contract’s operation; and

(b)has the other obligations stated in the contract.

Division 2 Requirement for service contracts

42   Declaration that service contracts are required

(1)This section applies to a public passenger service to which a regulation under section 36 applies.

(2)The chief executive may, by notice on the department’s website, declare that a service contract will be required to provide a public passenger service of a specified kind for a specified area or route.

(3)In the notice given under subsection (2) or another notice on the department’s website, the chief executive must fix the day on and from which the service contract is required.

(4)Before deciding to make a declaration under subsection (2), the chief executive must—

(a)give written notice of the proposed declaration to all operators providing a public passenger service of the kind and for the area or route to be specified in the proposed declaration; and

(b)allow the operators at least 28 days to make written submissions to the chief executive, about the proposed declaration; and

(c)consider any submissions made under paragraph (b).

42A   Other declarations that service contracts are required

A regulation may declare that, on and from a day to be fixed by the chief executive by gazette notice, a service contract will be required to provide a scheduled passenger service that is a ferry service operating in a specified area or on a specified route.

42B   Amendment of service contract area or route

(1)The chief executive may, by notice on the department’s website, amend the service contract area or route the subject of a declaration under section 42.

(2)However, the amendment may be made only if the chief executive is satisfied the amendment is necessary—

(a)to extend the service into developing areas; or

(b)because of changed traffic conditions; or

(c)for public safety; or

(d)to improve the service in the public interest.

(3)The notice must fix the day on which the amendment takes effect.

(4)Before deciding to make the amendment, the chief executive must—

(a)give written notice of the proposed amendment to each affected operator; and

(b)allow each affected operator at least 28 days to make written submissions to the chief executive about the proposed amendment; and

(c)consider any submissions made under paragraph (b).

(5)In this section—

affected operator means—

(a)each holder of a service contract for the service contract area or route whose interests are materially affected by the proposed amendment; and

(b)if the amendment is to add an area or route—any operator providing a public passenger service of the kind specified in the declaration for the additional area or the additional route.

43   Obligation to hold service contracts

(1)A person must not provide a public passenger service for an area or route if the area or route is a service contract area or route for public passenger services of that kind unless the person is entitled to provide the public passenger service under—

(a)a service contract; or

(b)a written agreement with the chief executive; or

(c)with the chief executive’s approval, a written agreement with the holder of a service contract.

Maximum penalty—

(a)if a holder of a service contract has the exclusive right to operate the public passenger service for the area or route—160 penalty units; or

(b)if the service contract area or route is in the integrated mass transit area—160 penalty units; or

(c)in any other case—30 penalty units.

(2)For a service contract area or route that is not in the integrated mass transit area, a written agreement with the chief executive mentioned in subsection (1)(b) may be made only if—

(a)the chief executive has invited a service contract holder for the service contract area or route to offer to provide the public passenger service and the holder—

(i)refused the invitation; or

(ii)makes an offer that, in the chief executive’s opinion, is not appropriate for the public passenger service; or

(iii)did not respond to the invitation within the time allowed for a response to it; or

(b)the public passenger service is not a service of a kind to which an existing service contract applies.

(3)A person must not provide a service for which a service contract is required under section 42A unless the person is entitled to provide the service under a service contract.

Maximum penalty—30 penalty units.

Division 3 Administrative provisions

44   Term of service contracts

(1)A service contract is for a term of not more than 7 years.

(2)Subsection (1) is also subject to sections 47 and 47A.

45   Conditions of service contracts

(1)A service contract is subject to conditions agreed by the parties.

(2)A service contract may provide for payment, by the holder, of an amount to the chief executive for a breach of a key performance indicator.

(3)The payment can not be more than the equivalent of 40 penalty units.

(4)The payment is payable on demand by the chief executive and may be recovered as a debt payable to the chief executive.

(5)This section does not limit section 47 or the chief executive’s right to damages for a breach of service contract, including damages arising out of a breach of a key performance indicator.

(6)In this section—

key performance indicator, for a service contract, means a term of the service contract identified in the contract as a key performance indicator.

46   Review of holder’s performance

(1A)This section does not apply to a prescribed school service contract or a ferry service contract.

(1B)Subsections (4) to (7) do not apply to an integrated mass transit service contract.

(1)The chief executive may arrange for reviews of a holder’s performance under a service contract.

(2)However, each service contract, other than an emergency service contract or a service contract for a term of less than 2 years, must be reviewed as near as practicable to the middle of the term of the contract (a midterm review).

(3)A service contract may also be reviewed at another time if the parties agree.

(4)Each holder under a service contract must, for a midterm review, conduct a market based needs assessment for public passenger services of the relevant type for the contract area or route.

(5)The chief executive may make, and distribute to holders, guidelines to which operators must have regard in conducting assessments under subsection (4).

(6)The chief executive must take into account any relevant research done by the holder.

(7)If, on a review, it is shown that the holder—

(a)has taken all reasonable steps to fulfil the contract and actively promoted the use of public passenger transport; but

(b)has not achieved the patronage levels agreed to by the chief executive and the holder;

the chief executive may review the holder’s minimum service levels or work with the holder to achieve increased patronage.

(7A)On a review of an integrated mass transit service contract, the chief executive must take into account whether the holder is meeting the requirements of the holder’s service contract.

(8)If, after a review, the chief executive is of the opinion the holder’s performance has been inadequate in a significant respect, the chief executive—

(a)must notify the holder of the inadequacy; and

(b)may require the holder to take specified steps to remedy the inadequacy.

(9)If a holder fails to take the required steps to remedy the inadequacy within the time allowed by the chief executive, the chief executive may, by notice to the holder, terminate the service contract.

(10)Compensation is not recoverable from anyone (including the chief executive and the State) for or in relation to the termination of the service contract under subsection (9).

47   Amendment, suspension or cancellation of service contracts for breach of service contracts

(1)The chief executive may, by notice given to a holder, amend, suspend or cancel the holder’s service contract if—

(a)the holder contravenes a condition of the contract; or

(b)the chief executive reasonably believes a contravention of the contract by the holder is imminent.

(1A)However, the chief executive may not amend a holder’s service contract to increase an amount payable to the chief executive for a breach of a key performance indicator.

(2)Before taking action against a holder under subsection (1), the chief executive must give the holder written notice of the intended action, and allow the holder an opportunity to make written representations about the intended action within 10 working days.

(3)The chief executive may, by notice given to a holder, immediately amend, suspend or cancel the holder’s service contract if the chief executive reasonably believes that the holder is unable to provide any or all of the services required under the contract.

(4)A holder may claim compensation from the State if the holder incurs a cost, damage or loss because of the amendment, suspension or cancellation of the holder’s service contract under subsection (3).

(5)Compensation or costs that may be recovered under subsection (4) may be claimed and ordered in a proceeding brought in a court having jurisdiction for the recovery of a debt in the amount claimed.

(6)A court may order the payment of compensation only if it is satisfied—

(a)there were no reasonable grounds for believing that the holder was unable to provide any or all of the services required under the contract; and

(b)it is just to make the order in the circumstances of the particular case.

(7)A regulation may prescribe matters that may, or must, be taken into account by the court when considering whether it is just to order compensation.

(8)Subsection (4) has effect to the exclusion of any other remedy.

(9)The amendment, suspension or cancellation of a service contract under this section is declared to be an excluded matter for the Corporations Act, section 5F in relation to the Corporations Act, section 440C.

47A   Renewal of service contracts

(1)Despite section 44(1), a service contract, other than an emergency service contract, may contain a provision giving the holder of the contract the option of renewing the contract for 1 further term only.

(2)However, the option for renewal may not be exercised if the chief executive has given the holder a notice under subsection (3).

(3)The chief executive may, for this section, decide that the holder’s performance under the contract has been unsatisfactory and give the holder written notice of the decision and the reasons for it.

(4)This section does not limit sections 62 and 62AAD.

48   Transfer or surrender of service contracts etc.

(1)The holder of a service contract may, with the chief executive’s approval—

(a)transfer to another person all the holder’s rights and liabilities in relation to providing future services under the contract; or

(b)if the contract relates to more than 1 area, route or service, transfer to another person all the holder’s rights and liabilities in relation to providing future services under the contract for 1 or more of the areas, routes or services; or

(c)surrender the contract.

(2)On the transfer of rights and liabilities under subsection (1), for all purposes of this Act—

(a)the transferee becomes the holder of a new service contract consisting of the transferred rights and liabilities for the remaining period of the original contract; and

(b)the transferor becomes the holder of a new service contract for the balance of the original rights and liabilities under the contract.

Example—

If an original service contract is for 2 school service routes, and 1 of the routes is transferred under this section, there are now 2 separate contracts for the purposes of an entitlement to a first opportunity to an offer for a new contract under section 62AC.

Division 4 Emergency service contracts

48A   Chief executive may enter into emergency service contract

The chief executive may enter into a service contract if the chief executive is satisfied the contract is necessary as a matter of urgency—

(a)to establish a public passenger service; or

(b)to ensure the continuity of a public passenger service; or

(c)to provide a public passenger service in an interim period while another service contract for the service is being offered or negotiated.

48B   Entering into an emergency service contract

(1)The chief executive may—

(a)invite offers from the public or operators, in whatever way the chief executive considers appropriate, for an emergency service contract; and

(b)decide the period within which offers must be made.

(2)Despite subsection (1), the chief executive may enter into an emergency service contract without inviting offers for the contract if satisfied the contract is necessary to ensure the continuity of a public passenger service.

48C   Term of emergency service contract

(1)An emergency service contract is, despite section 44(1), for the term of not more than 2 years decided by the chief executive.

(2)However, if the chief executive has entered into an emergency service contract without inviting offers for the contract, the contract can not be for a term of more than 12 months.

Part 2    Scheduled passenger services

Division 1 Preliminary

49   Application of part

This part applies only to scheduled passenger services.

50   [Repealed]

51   Concessions under a service contract

(1)A service contract may require the holder to provide a concession to a class of persons.

(2)If—

(a)a standard service contract requires the holder to provide a concession to a class of persons; and

(b)subsection (3) does not apply;

the contract must provide for the State to reimburse the holder for the concession.

(3)If a standard service contract requires the holder to provide a concession to a class of persons prescribed by regulation, the contract may provide for the State to reimburse the holder for the concession.

52   Approval of basis for funding or other financial assistance by State

(1)The chief executive may enter into a service contract providing for funding or other financial assistance by the State only if the Minister has approved the basis on which the funding or other financial assistance is to be provided.

(2)In considering whether to give an approval under subsection (1), the Minister must have regard to the principle that funding or other financial assistance by the State for scheduled passenger services should be provided principally for—

(a)scheduled passenger services that the Government requires to be provided and that would not be provided, or provided at the same level, without funding or other financial assistance by the State; and

(b)reimbursement for government specified fare concessions.

(3)Each annual report of the department must include—

(a)for each holder of a service contract who received State funding or other financial assistance during the year to which the report relates—details of the funding or other financial assistance; and

(b)reasons for the funding or other financial assistance.

53   [Repealed]

54   [Repealed]

Division 2 General provisions for service contracts for general route services

54A   Application of div 2

This division applies to all service contracts for general route services, other than integrated mass transit service contracts.

55   Entering into a service contract for a general route service—no existing operators

If—

(a)an area or route is identified under section 42 for a general route service; and

(b)no-one has an entitlement under section 56(1) for the area or route;

the chief executive must, by public notice, invite offers from the public, whether by tender or in another way, for a service contract to provide the general route service for the area or route.

56   Entitlement of existing operators

(1)This section applies if—

(a)the chief executive proposes to enter into a service contract (a new contract) under section 38B for an area or route declared under section 42; and

(b)there is an operator (an existing operator) who already provides a general route service of the same kind for part or all of the area or route as the service that is to be provided under the new contract; and

(c)there is no holder of an existing service contract who must be invited to offer for the contract under section 62(1A).

(2)The existing operator is entitled to the first opportunity, exercised in the way set out in section 57, to offer for the new contract.

(3)This section does not apply to—

(a)a service contract holder operating under a service contract for the area or route—

(i)that states that section 62 does not apply to it; or

(ii)if the chief executive has—

(A)issued a notice under section 46(9) or 62A to the holder; or

(B)issued a notice to the holder suspending or cancelling the holder’s service contract under section 47(1); or

(C)received notice from the holder that the holder intends to surrender the holder’s service contract; or

(b)a person providing a service, of the kind that is required to be provided under the service contract, under a written agreement with the holder.

57   Entering into a service contract for a general route service

(1)This section applies if an existing operator has an entitlement under section 56 in relation to a new contract.

(2)The chief executive must, by written notice, invite the operator to offer, whether by tender or in another way, for a service contract to provide the public passenger service for the area or route under the new contract.

(3)However, the chief executive must, by public notice, invite offers from the public, whether by tender or in another way, for the service contract if—

(a)no offer is made to the invitation within 60 days after it is made, or any extended time under subsection (4); or

(b)the operator makes an offer that the chief executive decides is unacceptable under section 59.

(4)The chief executive may by written notice to the existing operator, within the 60 days, extend that time, once only, by a maximum of 60 days.

(5)Despite subsection (3)(b), if—

(a)the operator makes an offer within the time allowed under subsection (3)(a); and

(b)the chief executive considers the offer substantially meets the requirements of an offer that would be acceptable under section 59;

the chief executive may defer inviting public offers to allow an opportunity for a contract to be concluded with the operator.

58   [Repealed]

59   Matters to be considered

(1)The chief executive—

(a)is not obliged to accept any offer for a service contract; and

(b)may only accept an offer for a service contract if the chief executive considers the offer to be acceptable for the contract.

(2)In deciding if an offer for a service contract is acceptable, the chief executive must have regard to at least the following—

(a)the needs of the community for whose benefit the service is to be provided;

(b)the ability of each offerer to meet the minimum service levels and other standards of performance specified in the offer;

(c)the cost of providing the service;

(d)the need for sustainability and continuity of services;

(e)any matters prescribed under a regulation.

(3)In deciding between 2 or more acceptable offers, the chief executive must select the offer the chief executive considers to be the best having regard to the matters mentioned in subsection (2)(a) to (e).

(4)In this section—

offer for a service contract, includes an offer under section 60(2) to provide a service for an amended service area or route.

60   Service contract for amended service contract area or route

(1)This section applies if, under section 42B, a service contract area or route for a general route service is amended to add an area or route to the service contract area or route.

(2)The chief executive must, by written notice, invite the existing holder of the service contract for the service contract area or route the first opportunity to offer to provide the service for the amended area or route.

(3)If—

(a)the existing holder makes no offer within 60 days after the notice is given; or

(b)the holder makes an offer that the chief executive decides is unacceptable under section 59;

the chief executive must, by public notice, invite offers from the public to provide the service for the amended area or route (a public invitation).

(4)Despite subsection (3), if—

(a)the holder makes an offer within the 60 days; and

(b)the chief executive considers the offer substantially complies with the requirements of an offer that would be acceptable under section 59;

the chief executive may defer the making of a public invitation to allow an opportunity for a service contract for the amended area or route to be concluded with the holder.

61   Compensation

(1)This section applies if—

(a)an existing operator is not awarded a service contract for the service contract area or route, or part of the service contract area or route, for which the operator was providing services; or

(b)a decision is made under section 60, and an existing service contract holder—

(i)does not offer to provide the service for the amended service contract area or route; or

(ii)is not awarded a service contract to provide the service for the amended service contract area or route.

(1A)The chief executive may require the holder of the new or amended service contract, as a condition of it, to pay compensation to the existing operator or service contract holder.

(2)If offers for the new service contract were invited from the public, the chief executive may act under subsection (1A) only if the invitation stated that this section applied to the contract.

(3)The amount of compensation is to be decided by agreement between the holder of the new or amended service contract and the existing operator or service contract holder or, if there is no agreement, by an arbitrator appointed by the parties.

(4)Without limiting the matters an arbitrator may or may not take into account, a regulation may make provision about matters to be considered, or not considered, in deciding the amount of compensation.

(5)The Commercial Arbitration Act 2013 applies to the arbitration.

62   Offer of new service contract

(1)This section applies if the chief executive—

(a)decides a service contract holder’s performance under a service contract (the existing contract) has been satisfactory; and

(b)proposes to offer a new service contract for the same kind of service provided under the existing contract, at the end of its term, for the same, or substantially the same, service contract area or route.

(1A)The chief executive must, by written notice, invite the holder to offer, whether by tender or in another way, for the new service contract.

(2)The chief executive may invite offers from the public or someone else only if the holder—

(a)refuses the invitation; or

(b)fails to respond to the invitation within a time (of at least 60 days) allowed by the chief executive; or

(c)fails to make an offer that is acceptable or, despite section 59, is substantially acceptable.

(3)This section does not apply in relation to an existing contract—

(a)that is—

(i)an emergency service contract; or

(ii)a service contract in relation to which an option to renew may be exercised; or

(b)that states that this section does not apply to it.

62A   Notice to be given

If the chief executive decides, for section 62, a service contract holder’s performance under a service contract has not been satisfactory, the chief executive must give the holder written notice of the decision and the reasons for it.

Division 2AA Integrated mass transit service contracts

62AAA    What is the integrated mass transit area

(1)The integrated mass transit area is—

(a)the service contract areas or routes mentioned in schedule 1B; and

(b)another service contract area or route in the SEQ area, as prescribed under a regulation.

(2)In this section—

SEQ area means the combined local government areas of the following local governments under the Local Government Act 1993 as that Act was in force immediately before 15 March 2008—

(a)the cities of Brisbane, Caloundra, Gold Coast, Ipswich, Logan, Redcliffe and Toowoomba;

(b)the shires of Beaudesert, Boonah, Caboolture, Esk, Gatton, Kilcoy, Laidley, Maroochy, Noosa, Pine Rivers and Redland.

62AAB    Definition for div 2AA

In this division—

prescribed day, in relation to a notice under this division, means the day stated in the notice, being not less than 28 days after the date of the notice.

62AAC    What is an integrated mass transit service contract

(1)An integrated mass transit service contract is a service contract for a general route service in the integrated mass transit area, under which contract—

(a)the holder charges the fare set by the chief executive; and

(b)the State retains the revenue; and

(c)the State pays the holder for the services provided.

(2)An integrated mass transit service contract does not give the holder the exclusive right to operate a general route service in the service contract area or route the subject of the contract.

(3)For subsection (1), it does not matter whether the service contract was entered into before or after the commencement of this section.

62AACA    Entering into an integrated mass transit service contract

(1)This section applies if—

(a)a declaration under section 42 is made for a service contract area or route (the new area or route); and

(b)the chief executive proposes to provide a general route service (the new service) for the new area or route, under an integrated mass transit service contract.

(2)The chief executive may—

(a)invite an affected operator, by written notice, to offer, by the prescribed day, to provide the new service (an operator invitation); or

(b)invite any or all holders of integrated mass transit service contracts, by written notice, to offer, by the prescribed day, to provide the new service (a holder invitation); or

(c)invite the public, by public notice, to offer to provide the new service (a public invitation).

(3)If the chief executive makes an operator invitation and either—

(a)an affected operator makes no offer, or if there is more than 1 affected operator, no affected operator makes an offer, by the prescribed day; or

(b)if 1 or more offers are made, the chief executive decides no offer made is acceptable under section 62AAE;

the chief executive may make a holder invitation or a public invitation.

(4)If the chief executive makes a holder invitation and no holder of an integrated mass transit service contract—

(a)makes an offer by the prescribed day; or

(b)makes an offer that the chief executive decides is acceptable under section 62AAE;

the chief executive may make a public invitation.

(5)However, if—

(a)an offer is made in response to an operator invitation or a holder invitation by the prescribed day; and

(b)the chief executive considers the offer substantially complies with the requirements of an offer that would be acceptable under section 62AAE;

the chief executive may defer the making of a public invitation to allow an opportunity for a service contract to be concluded with the offerer.

(6)In this section—

affected operator means an operator providing a general route service of the kind specified in the declaration for all or part of the new area or route.

62AAD    Offer of new integrated mass transit service contract

(1)This section applies if the chief executive—

(a)decides the performance of a holder of an integrated mass transit service contract (the existing contract) has been satisfactory; and

(b)proposes, at the end of the term of the existing contract, to invite offers for a new integrated mass transit service contract—

(i)for the same kind of general route service provided under the existing contract; or

(ii)for those services and additional services for the same area or route defined in the existing contract.

(2)The chief executive must, by written notice, invite the holder to offer for the new integrated mass transit service contract.

(3)The chief executive may invite offers from any or all other holders of integrated mass transit service contracts or from the public only if the holder—

(a)refuses the invitation; or

(b)fails to respond to the invitation by the prescribed day; or

(c)fails to make an offer that is acceptable or, despite section 62AAE, is substantially acceptable.

(4)This section does not apply in relation to an existing contract—

(a)that is an emergency service contract; or

(b)that is a service contract in relation to which an option to renew may be exercised; or

(c)that states this section does not apply to it.

62AAE    Matters to be considered generally when considering offers for integrated mass transit service contracts

(1)The chief executive—

(a)is not obliged to accept any offer for an integrated mass transit service contract; and

(b)may only accept an offer for an integrated mass transit service contract if the chief executive considers the offer to be acceptable for the contract.

(2)In deciding if an offer for an integrated mass transit service contract is acceptable, the chief executive must have regard to at least the following—

(a)the ability of each offerer to meet the minimum service levels and other standards of performance specified in the invitation to offer;

(b)the cost of providing the general route service;

(c)the need for sustainability and continuity of services;

(d)any matters prescribed under a regulation.

(3)In deciding between 2 or more acceptable offers, the chief executive must select the offer the chief executive considers to be the best having regard to the matters mentioned in subsection (2)(a) to (d).

62AAF    Unsatisfactory performance of integrated mass transit service contract holder

If the chief executive decides, for section 62AAD, that a service contract holder’s performance under an integrated mass transit service contract has not been satisfactory, the chief executive must give the holder written notice of the decision and the reasons for it.

62AAG    Service contract for amended service contract area or route

(1)This section applies if—

(a)under section 42B, a service contract area or route is amended (the amended service area or route); and

(b)the chief executive proposes to provide a general route service (the amended service) for the amended service area or route, under an integrated mass transit service contract.

(2)The chief executive may—

(a)invite an affected operator, by written notice, to offer, by the prescribed day, to provide the amended service (an operator invitation); or

(b)invite any or all holders of integrated mass transit service contracts, by written notice, to offer, by the prescribed day, to provide the amended service (a holder invitation); or

(c)invite the public, by public notice, to offer to provide the amended service (a public invitation).

(3)If the chief executive makes an operator invitation and either—

(a)an affected operator makes no offer, or if there is more than 1 affected operator, no affected operator makes an offer, by the prescribed day; or

(b)if 1 or more offers are made, the chief executive decides no offer made is acceptable under section 62AAE;

the chief executive may make a holder invitation or a public invitation.

(4)If the chief executive makes a holder invitation and no holder of an integrated mass transit service contract—

(a)makes an offer by the prescribed day; or

(b)makes an offer that the chief executive decides is acceptable under section 62AAE;

the chief executive may make a public invitation.

(5)However, if—

(a)an offer is made in response to an operator invitation or a holder invitation by the prescribed day; and

(b)the chief executive considers the offer substantially complies with the requirements of an offer that would be acceptable under section 62AAE;

the chief executive may defer the making of a public invitation to allow an opportunity for a service contract to be concluded with the offerer.

(6)In this section—

affected operator means—

(a)the holder of an integrated mass transit service contract providing a general route service of the specified kind within the area or route incorporated into the amended service area or route under the amendment under section 42B (the incorporated area); or

(b)any other operator providing a general route service of that kind within the incorporated area; or

(c)each holder of a service contract for the service contract area or route whose interests are materially affected by the amendment.

specified kind means the kind of general route service specified under the declaration under section 42 for the service.

62AAH    Compensation

(1)This section applies if an affected operator under section 62AACA or 62AAG—

(a)did not offer to provide the new service or the amended service under that section; or

(b)is not awarded an integrated mass transit service contract to provide the new service or the amended service.

(2)The affected operator may claim compensation from the State.

(3)The amount of compensation payable to the affected operator is to be decided by agreement between the chief executive and the operator or, if there is no agreement, by an arbitrator appointed by the chief executive and the operator.

(4)Without limiting the matters an arbitrator may or may not take into account, a regulation may provide for matters to be considered, or not considered, in deciding the amount of compensation.

(5)The Commercial Arbitration Act 2013 applies to the arbitration.

62AAI    What happens when integrated mass transit service contract is surrendered, cancelled or terminated

(1)This section applies if an integrated mass transit service contract is surrendered, cancelled or terminated, whether by the chief executive or by the operator.

(2)The chief executive may do either of the following—

(a)invite any or all holders of integrated mass transit service contracts, by written notice, to offer by the prescribed day for the integrated mass transit service contract;

(b)invite the public, by public notice, to offer for the integrated mass transit service contract.

(3)If the chief executive acts under subsection (2)(a) and either—

(a)no holder of an integrated mass transit service contract makes an offer by the prescribed day; or

(b)if 1 or more offers are made, the chief executive decides no offer made is acceptable under section 62AAE;

the chief executive may invite offers from the public under subsection (2)(b) for the integrated mass transit service contract.

(4)However, if—

1section 343A (Assaults occasioning bodily harm)

2section 344 (Aggravated assaults)

Division 3 Provisions of the Criminal Code repealed by the Criminal Code and Other Acts Amendment Act 2008

   

1chapter 42 (Frauds by trustees and officers of companies and corporations—false accounting)

Schedule 1B Integrated mass transit area

section 62AAA

•Arana Hills, Albany Creek and Dayboro–Petrie service contract area/route

•Bribie Island and Bribie Island–Caboolture service contract area/route

•Brisbane service contract area/route

•Burbank/McKenzie service contract area/route

•Caboolture service contract area/route

•Camira/Springfield and Wacol Railway Station to Inala Plaza via Carole Park, Ellen Grove, Forest Lake and Doolandella service contract area/route

•Cleveland/Redland Bay service contract area/route

•Dakabin/Mango Hill (North Lakes) service contract area

•Deception Bay/Narangba service contract area/route

•Gold Coast service contract area

•Gold Coast–Coomera service contract area

•Ipswich/Goodna service contract area

•Logan service contract area

•Park Ridge and Beaudesert–Brisbane service contract area/route

•Ormeau–Beenleigh service contract route

•Redcliffe, Kallangur, Petrie and Redcliffe–Brisbane service contract area/route

•Samford Valley–Ferny Grove service contract route

•Strathpine and Murrumba Downs service contract area/route

•Sunshine Coast service contract area

•Sunshine Coast service contract area no. 2

Schedule 2 Reviewable decisions

section 102

Section	Description of decision
17	refusal to grant or renew operator accreditation
20	amendment, suspension or cancellation of operator accreditation
28B	category B driver disqualifying offence—refusal to grant or renew driver authorisation or cancellation of driver authorisation
28C	category C driver disqualifying offence—refusal to grant or renew driver authorisation or suspension or cancellation of driver authorisation
29	refusal to grant or renew driver authorisation or the imposition of a condition on driver authorisation
32	amendment, suspension or cancellation of driver authorisation or the imposition of a condition on driver authorisation
36B(1)	decision to give essential infrastructure direction
36B(1)	decision to fix conditions for essential infrastructure direction
46(8)	requirement to take steps to remedy service inadequacies
46(9)	termination of service contract for failure to remedy service inadequacies
47(1) or (3)	amendment, suspension or cancellation of a service contract
47A(3)	contract holder’s performance has been unsatisfactory
62AC(4)	contract holder’s performance has been unsatisfactory
91G(3)	requirement to pay amount as condition of transfer of taxi service licence between areas
91K	refusal to issue booked hire service licence
91O(1)	imposing a condition on a taxi service licence or booked hire service licence
91P	amendment of a taxi service licence, limousine licence or booked hire service licence
91T	suspension or cancellation of a taxi service licence, limousine licence or booked hire service licence, other than immediate suspension of the licence
91W	refusal to grant booking entity authorisation
91Y(1)	imposing a condition on a booking entity authorisation
91Z	amendment of a booking entity authorisation
91ZA	suspension or cancellation of a booking entity authorisation, other than immediate suspension of the authorisation
91ZQ(2)(b)	giving a direction to comply with a provision of relevant transport legislation within a stated period
126D	forfeiture of seized things
126N	decision to give dangerous situation notice

Schedule 2A [Repealed](Repealed)

Schedule 3 Dictionary

section 3

accommodation house ...

accommodation transfer service ...

accredited operator means a person who holds an operator accreditation, including operator accreditation granted on a provisional basis under section 18.

act of violence, for chapter 11, part 4C, see section 129ZH.

air service means a scheduled passenger service provided by aircraft between airports in the State.

approved form means a form approved by the chief executive under section 150A.

assault has the meaning given by the Criminal Code, section 245.

authorised booking entity see section 91V(2).

authorised driver means a person who holds a driver authorisation, including driver authorisation granted on a provisional basis under section 30.

authorised person—

(a)for chapter 11, part 4C—see section 129ZH; or

(b)otherwise—means a person who is—

(i)an authorised person under section 111(1); or

(ii)appointed as an authorised person under section 111(2); or

(iii)a transit officer.

authorising document means—

(a)for booking entity authorisation—a document evidencing the booking entity authorisation; or

(b)for driver authorisation—a document evidencing the driver authorisation.

Authority means the Authority established under the Queensland Rail Transit Authority Act 2013, section 6.

bodily harm has the meaning given by the Criminal Code, section 1.

booked hire service see section 71.

booked hire service licence see section 91J.

booked hire vehicle means—

(a)a motor vehicle stated in a booked hire service licence; or

(b)a substitute vehicle for the licence.

booking entity authorisation see section 91V(1).

booking record, for a booked hire service, see section 80.

booking service, for a booked hire service, see section 72.

bus means a motor vehicle with seating capacity for 9 or more passengers (excluding the driver).

business practices, for chapter 7, part 3, see section 83.

busway see the Transport Infrastructure Act 1994, schedule 6.

category A driver disqualifying offence means any of the following offences committed by a person who is subject to an obligation or order mentioned in the Working with Children (Risk Management and Screening) Act 2000, section 17(1)(b), or by a person when the person was at least 18 years and for which an imprisonment order is or was imposed—

(a)an offence against a provision of an Act mentioned in schedule 1A, part 1, subject to any qualification relating to the provision mentioned in the part;

(b)an offence of counselling or procuring the commission of, or attempting or conspiring to commit, an offence mentioned in paragraph (a), and to which paragraph (a) does not otherwise apply;

(c)an offence against a law of another jurisdiction, including a jurisdiction outside Australia, that substantially corresponds to an offence mentioned in paragraph (a) or (b).

category B driver disqualifying offence means—

(a)any of the following that is not a category A driver disqualifying offence—

(i)an offence listed in the Working with Children (Risk Management and Screening) Act 2000, schedule 2, 3, 4 or 5, subject to any qualification mentioned in the schedule;

(ii)an offence against a provision of an Act mentioned in schedule 1A, part 2, subject to any qualification relating to the provision mentioned in the part;

(iii)an offence of counselling or procuring the commission of, or attempting or conspiring to commit, an offence mentioned in subparagraph (i) or (ii), and to which paragraph (i) or (ii) does not otherwise apply;

(iv)an offence against a law of another jurisdiction, including a jurisdiction outside Australia, that substantially corresponds to an offence mentioned in subparagraph (i), (ii) or (iii); or

(b)an offence mentioned in the definition category A driver disqualifying offence, paragraph (a), (b) or (c), committed by a person when the person was—

(i)under 18 years, whether or not an imprisonment order is or was imposed, if the person is not subject to an obligation or an order mentioned in the Working with Children (Risk Management and Screening) Act 2000, section 17(1)(b); or

(ii)at least 18 years and—

(A)no imprisonment order is or was imposed; and

(B)the person is not subject to an obligation or order mentioned in the Working with Children (Risk Management and Screening) Act 2000, section 17(1)(b).

category C driver disqualifying offence means any of the following that is not a category A driver disqualifying offence or a category B driver disqualifying offence—

(a)an offence against a provision of the Criminal Code mentioned in schedule 1A, part 3;

(b)an offence against the Drugs Misuse Act 1986 punishable by imprisonment for 1 year or more, even though a fine may be imposed in addition or as an alternative;

(c)an offence against the Weapons Act 1990 punishable by imprisonment for 1 year or more, even though a fine may be imposed in addition or as an alternative;

(d)an offence against this Act;

(e)an offence against the Transport Operations (Passenger Transport) Regulation 2018, for which the maximum penalty is at least 20 penalty units;

(ea)an offence against the Summary Offences Act 2005, section 9;

(f)an offence of counselling or procuring the commission of, or attempting or conspiring to commit, an offence mentioned in paragraph (a), (b), (c), (d), (e) or (ea), and to which paragraph (a), (b), (c), (d), (e) or (ea) does not otherwise apply;

(g)an offence against a law of another jurisdiction, including a jurisdiction outside Australia, that substantially corresponds to an offence mentioned in paragraph (a), (b), (c), (d), (e), (ea) or (f).

CCA, for chapter 12, part 2, see section 154B.

CCYPCG Act ...

charter bus service ...

chief executive (employment screening) means the chief executive of the department in which the Working with Children (Risk Management and Screening) Act 2000 is administered.

civil banning order, for chapter 11, part 4C, see section 129ZJ(1).

commercial service contract ...

community transport service means a service for the carriage of passengers funded or subsidised out of public money or by a charity and provided for the benefit of a particular group.

Competition Code, for chapter 12, part 2, see section 154B.

competition legislation, for chapter 12, part 2, see section 154B.

compliance plate ...

consignor—

1A person is the consignor in relation to goods transported, or to be transported, by rail or goods that are dangerous goods if the person is any of the following—

(a)the person who has consented to being, and is, named or otherwise identified as the consignor of the goods in the transport documentation for the consignment;

(b)if there is no person as described in paragraph (a)—

(i)for goods transported or to be transported by rail—the person who engages an operator of the railway, either directly or through another person, to transport the goods by rail; or

(ii)for goods that are dangerous goods—the person who engages a prime contractor, either directly or through another person, to transport the goods; or

(iii)if there is no person as described in subparagraph (i) or (ii)—the person who has possession of, or control over, the goods immediately before the goods are transported by rail; or

(iv)if there is no person as described in subparagraph (i), (ii) or (iii)—the person who loads a vehicle with the goods, for transport by rail, at a place—

(A)where goods in bulk are stored, temporarily held or otherwise held waiting collection; and

(B)that is unattended, other than by the driver or trainee driver of the rail vehicle or someone else necessary for the normal operation of the rail vehicle, during loading;

(c)if there is no person as described in paragraph (a) or (b) and the goods are imported into Australia through a place in Queensland—the importer of the goods.

2Also, a person is the consignor of goods for transport by rail if the person arranges for the conveyance of the goods on a rail vehicle owned or controlled by the person.

conviction includes a finding of guilt, and the acceptance of a plea of guilty, by a court, whether or not a conviction is recorded.

copy ...

courtesy transport service means a service for the carriage of passengers provided, free of charge, by an entity using a vehicle owned or leased by the entity for customers, clients or students of the entity.

criminal history of a person means the person’s criminal history within the meaning of the Criminal Law (Rehabilitation of Offenders) Act 1986, and—

(a)despite section 6 of that Act, includes a conviction of the person to which the section applies; and

(b)despite section 5 of that Act, includes a charge made against the person for an offence.

cross-border taxi rank means a taxi rank identified, by a sign erected or placed by the chief executive at the taxi rank, as a taxi rank where a NSW taxi can ply or stand for hire by a person intending to make a journey to New South Wales.

cross-border taxi service ...

dangerous goods means—

(a)goods prescribed under a regulation to be dangerous goods; or

(b)for implied references in relation to goods too dangerous to be transported—see chapter 11, part 3C.

dangerous goods authority means an entity in a participating dangerous goods jurisdiction that has functions under a corresponding law to the Transport Infrastructure Act 1994, chapter 14 that correspond to the chief executive’s functions under that chapter.

dangerous goods offence means—

(a)an offence against chapter 11, the Transport Infrastructure Act 1994, chapter 14 or a dangerous goods regulation involving or relating to the transport of dangerous goods by rail; or

(b)for implied references in relation to goods too dangerous to be transported—see chapter 11, part 3C.

dangerous goods regulation means—

(a)a regulation made under the Transport Infrastructure Act 1994, chapter 14, applying to the transport of dangerous goods by rail; or

(b)for implied references in relation to goods too dangerous to be transported—see chapter 11, part 3C.

dangerous situation see section 126L.

dangerous situation notice see section 126N.

demand management measures includes pricing of parking, other demand management pricing, bus priority and high vehicle occupancy measures.

Example of high vehicle occupancy measures—

dedicated transit lanes

demand responsive service ...

department’s website means a website, or part of a website, administered by the department.

detainable offence means—

(a)an offence involving assault occasioning bodily harm of a person; or

(b)an offence involving assault of a person for the purpose of stealing something from the person; or

(c)an offence against the Criminal Code, chapter 32; or

Note—

The Criminal Code, chapter 32 contains offences relating to rape and sexual assault.

(d)an offence involving wilful damage of property.

digital photo, of a person, see the TPC Act, schedule 1.

digitised signature, of a person, see the TPC Act, schedule 1.

disqualifying offence, in relation to operator accreditation or booking entity authorisation, means—

(a)an offence against this Act, whether the act relating to the offence was or is committed before or after the commencement of this paragraph; or

(b)an offence against a provision of the Criminal Code mentioned in schedule 1; or

(c)an offence against the Drugs Misuse Act 1986 punishable by imprisonment for 1 year or more, even though a fine may be imposed in addition or as an alternative; or

(d)an offence against the Weapons Act 1990 punishable by imprisonment for 1 year or more, even though a fine may be imposed in addition or as an alternative; or

(e)an offence prescribed by regulation; or

(f)an offence against a law of another jurisdiction, including a jurisdiction outside Australia, that substantially corresponds to an offence mentioned in paragraph (a), (b), (c), (d) or (e).

drive, a vehicle, includes operate or otherwise be in charge of the vehicle.

driver—

(a)generally—means the driver of a public passenger vehicle; and

(b)for chapter 11A—see section 143AA.

driver authorisation see section 24.

driver authorisation ...

driver disqualifying offence, in relation to driver authorisation, means—

(a)a category A driver disqualifying offence; or

(b)a category B driver disqualifying offence; or

(c)a category C driver disqualifying offence.

driver licence see the Transport Operations (Road Use Management) Act 1995, schedule 4.

driver service includes a service of actually providing a vehicle, on hire or otherwise, if a driver for the vehicle is offered or available by, through or on behalf of the operator.

electronic booking system ...

electronic communication ...

eligible school children ...

emergency service contract means a contract entered into under section 48A.

essential infrastructure direction see section 36B(4).

essential public transport infrastructure means infrastructure the subject of a declaration under section 36A(1).

established route ...

evade payment of a fare ...

excluded public passenger service ...

exclusion order see section 129Z.

exclusion variation order see section 129ZF(2).

executive officer of a corporation means a person who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director or the person’s position is given the name of executive officer.

fare, in relation to a public passenger service, means—

(a)the price payable for use of the service; or

(b)the provisions of, or arrangements for, a discount, allowance, rebate or credit applying in relation to the price payable for use of the service.

fare evasion provision see section 143AA.

fare provision, for chapter 12, part 2, see section 154C.

fatigue, for chapter 7, part 3, see section 83.

ferry includes ship, boat, barge and hovercraft.

ferry service means a public passenger service provided by a ferry on or over water, and includes a service provided by water taxi.

fixed track vehicle includes a train and a light rail vehicle.

foreign person means—

(a)an individual who usually lives in a foreign country; or

(b)a corporation incorporated in a foreign country.

forward-control passenger vehicle ...

free of charge, for a courtesy transport service, includes without any of the following—

(a)any payment or other consideration for the service;

(b)requiring or asking for a levy, donation or other monetary contribution for the service, for example, the purchase of a ticket in a raffle;

(c)displaying a receptacle, whether on the vehicle used to provide the service or elsewhere, in such a way as to suggest that a donation is expected or required to travel on the vehicle.

frisk search, a person, means search the person by quickly running hands over the person’s outer garments.

general route service means a scheduled passenger service, other than a scheduled passenger service prescribed by regulation, that may be used by—

(a)the general public; or

(b)a substantial part of the public; or

(c)a person who pays a subscription or a membership fee that is paid principally for the service.

goods too dangerous to be transported means goods prescribed under a dangerous goods regulation as goods too dangerous to be transported.

government funded service contract ...

hire on-the-spot, for chapter 7, see section 69.

holder, for a service contract, means the operator—

(a)with whom the chief executive has entered the contract under section 38B; or

(b)to whom the contract has been transferred under section 48(1)(a) or (b).

identified provision, for chapter 12, part 2, see section 154D.

impaired capacity has the meaning under the Guardianship and Administration Act 2000.

imprisonment order means an imprisonment order under the Working with Children (Risk Management and Screening) Act 2000.

in a rail vehicle includes on the vehicle.

individual fares ...

information notice, for a decision, means a notice stating that a person affected by the decision may—

(a)under section 102—ask for the decision to be reviewed by the chief executive; and

(b)under the Transport Planning and Coordination Act 1994, part 5, division 2—apply to QCAT for the decision to be stayed; and

(c)under section 103—ask for the chief executive’s decision on the review (the reviewed decision) to be reviewed by QCAT; and

(d)under the QCAT Act—apply to QCAT for the reviewed decision to be stayed.

infringement notice means an infringement notice under the State Penalties Enforcement Act 1999, part 3.

insult ...

integrated mass transit area see section 62AAA.

integrated mass transit service contract see section 62AAC.

interim civil banning order, for chapter 11, part 4C, see section 129ZP(2).

invalid ticket ...

lease ...

licensed taxi ...

light rail see the Transport Infrastructure Act 1994, schedule 6.

light rail manager, for a light rail, see the Transport Infrastructure Act 1994, schedule 6.

light rail operator, for a light rail, see the Transport Infrastructure Act 1994, schedule 6.

light rail vehicle see the Transport Infrastructure Act 1994, schedule 6.

limousine means—

(a)a motor vehicle stated in a limousine licence; or

(b)a substitute vehicle for the licence.

limousine licence see section 91H(1).

limousine service ...

limousine service licence ...

load, in relation to goods and to a rail vehicle, includes any of the following—

(a)load 1 or more packages of the goods in or on the rail vehicle;

(b)place or secure 1 or more packages of the goods on the rail vehicle;

(c)to remove doubt—carry out an activity mentioned in paragraphs (a) and (b) in relation to a bulk container, freight container, or tank that is part of a rail vehicle;

(d)supervise an activity mentioned in paragraph (a), (b) or (c);

(e)manage or control an activity mentioned in paragraphs (a) to (d);

but does not include load goods into packaging already on the rail vehicle or place or secure packages in or on further packaging already on the vehicle.

local government road ...

local nominee, of an authorised booking entity, see section 91ZD(1).

long distance scheduled passenger service ...

luxury motor vehicle ...

management entity, for chapter 12, part 2, see section 154B.

management entity provision, for chapter 12, part 2, see section 154E.

master, for chapter 11A, see section 143AA.

most recent digital photo...

most recent digitised signature...

motor vehicle has the meaning given by the Transport Operations (Road Use Management) Act 1995.

non-integrated mass transit area, for chapter 6, part 4, see section 67B.

non-State school ...

non-TransLink area ...

NSW taxi means a motor vehicle used to provide a taxi service—

(a)under the Point to Point Transport (Taxis and Hire Vehicles) Act 2016 (NSW); or

(b)under a taxi licence continued in force under schedule 2, section 3 of that Act.

obstruct includes abuse, hinder, insult, resist, threaten or attempt to obstruct.

occupier of a place includes a person who reasonably appears to be the occupier, or in charge of, the place.

off-road passenger vehicle ...

operator means a person carrying on the business of providing a public passenger service.

operator accreditation see section 12.

operator accreditation ...

original taxi service licence see section 91E(1).

pack, in relation to dangerous goods, includes the following—

(a)put goods in packaging, even if that packaging is already on a rail vehicle;

Example for paragraph (a)—

A person who uses a hose to fill the tank of a tank rail vehicle with petrol packs the petrol for transport.

(b)enclose or otherwise contain more than 1 package, even if that packaging is already on a rail vehicle;

(c)supervise an activity mentioned in paragraph (a) or (b);

(d)manage or control an activity mentioned in paragraph (a), (b) or (c).

packaging, in relation to dangerous goods—

(a)means anything that contains, holds, protects or encloses the goods, whether directly or indirectly, to enable them to be received or held for transport, or to be transported; and

(b)includes anything prescribed under a dangerous goods regulation to be packaging.

Notes—

1It may be that a container constitutes the whole of the packaging of goods, as in the case of a drum in which goods, including for example dangerous goods, are directly placed.

2The term is not used in the same way as it is used in United Nations publications relating to the transport of dangerous goods.

passenger car ...

passenger vehicle ...

payment surcharge see section 91ZS(1).

peak demand management plan ...

peak demand taxi ...

peak demand taxi permit ...

peak patronage period ...

person in control includes—

(a)for a ferry—the person who has, or reasonably appears to have, command or charge of the ferry; and

(b)for another vehicle—the vehicle’s driver or the person who reasonably appears to be the vehicle’s driver.

person in the chain of responsibility, for a taxi service or booked hire service, see section 84.

placard means a label or emergency information panel as prescribed under a regulation.

place includes land, waters and premises, but does not include a vehicle.

premises includes—

(a)a building, wharf or other structure; and

(b)a part of a building, wharf or other structure; and

(c)land or waters where a building, wharf or other structure is situated.

prescribed day for chapter 6, part 2, division 2AA, see section 62AAB.

prescribed details ...

prescribed person, for a railway manager, railway operator or the Authority, means—

(a)an employee of the railway manager, railway operator or Authority who is a transit officer; or

(b)an employee of the railway manager, railway operator or Authority, or a member of the railway manager’s, railway operator’s or Authority’s board, who is responsible for managing or supervising the performance of a function or the exercise of a power by a person mentioned in paragraph (a).

prescribed school service contract means a service contract—

(a)to provide a service for which no declaration has been made under section 42; and

(b)that is, or is part of, an arrangement under section 144.

prescribed smartcard Act ...

prime contractor, in relation to the transport of dangerous goods, means the person who, in conducting a business for or involving the transport of dangerous goods, has undertaken to be responsible for, or is responsible for, the transport of the goods.

proper officer, of a court making an exclusion order, has the meaning given by the Penalties and Sentences Act 1992, section 4.

provides, for a taxi service or booked hire service, for chapter 7, see section 73.

public notice means a notice published in a newspaper circulating generally throughout the State or, if the matter being published is of interest only in a particular area, in a newspaper circulating generally throughout the area.

public passenger service means a service for the carriage of passengers if—

(a)the service is provided for fare or other consideration; or

(b)the service is provided in the course of a trade or business (but not if it is provided by an employer solely for employees); or

(c)the service is a courtesy transport service or community transport service;

and includes a driver service but does not include a service excluded from this Act by a regulation.

public passenger vehicle means any of the following vehicles used to transport members of the public—

(a)a bus;

(b)a ferry;

(c)a taxi;

(d)a fixed track vehicle;

(e)an aircraft;

(f)a limousine;

(g)a booked hire vehicle;

(h)another vehicle used to provide a public passenger service;

(i)a vehicle classified by regulation as a public passenger vehicle.

public place means a place that the public is entitled to use, is open to the public or is used by the public, whether or not on payment of money.

public transport infrastructure means any of the following—

(a)a railway;

(b)a train or other public passenger vehicle being operated by a railway manager or railway operator;

(c)a light rail;

(d)a light rail vehicle or other public passenger vehicle being operated by a light rail manager, or light rail operator, for a light rail;

(e)a bus or other motor vehicle being used for a general route service;

(f)a busway;

(g)busway transport infrastructure as defined under the Transport Infrastructure Act 1994, schedule 6;

(h)a ferry being used for a general route service;

(i)a station, platform or other structure or place for the taking on and letting off of passengers of a vehicle mentioned in paragraph (b), (d), (e) or (h), including the following—

(i)a railway station or platform;

(ii)a light rail station or platform;

(iii)facilities for passengers to interchange between the same or different modes of transport;

Examples—

•Cannon Hill bus interchange

•Roma Street busway/railway interchange

(iv)a bus station;

(v)a bus stop, including the area in the immediate vicinity of the bus stop;

(vi)a jetty or other structure at which a ferry makes a scheduled stop for a ferry service, and any associated structure;

(vii)landscaping associated with a station, platform or other structure or place;

(j)car parking and set down facilities for intending passengers of a vehicle mentioned in paragraph (b), (d), (e) or (h), including the following—

(i)a car park under the control of a railway manager or railway operator;

(ii)a car park under the control of a light rail manager, or light rail operator;

(iii)a car park associated with a busway;

(k)any other structure or facilities for the use or convenience of passengers of a vehicle mentioned in paragraph (b), (d), (e) or (h).

Examples of other structures or facilities—

overhead or underground walkways between railway platforms, footpaths, seating, ticketing machines, public toilets, signage

public transport network means the following—

(a)all general route services;

(b)all public transport infrastructure associated with a general route service.

Queensland driver licence see the Transport Operations (Road Use Management) Act 1995, schedule 4.

rail, for chapter 11 in relation to the transportation of dangerous goods by rail, includes cableway.

rail government entity see the Transport Infrastructure Act 1994, schedule 6.

rail vehicle, for chapter 11 in relation to the transportation of dangerous goods by rail, includes a unit of rolling stock and a cableway car.

railway includes—

(a)for chapters 11 and 11A—a carpark or bus station under a railway manager’s control; and

(b)in relation to the transportation of dangerous goods by rail—a cableway.

railway manager has the meaning given by the Transport Infrastructure Act 1994.

railway operator has the meaning given by the Transport Infrastructure Act 1994.

reasonably means on grounds that are reasonable in all the circumstances.

reasonably believes means believes on reasonable grounds.

reasonably practicable, in relation to a duty to ensure safety, for chapter 7, part 3, see section 83.

reasonably suspects means suspects on reasonable grounds.

relevant area ...

relevant driver offence see section 91ZI.

relevant emergency service officer means an officer of any of the following—

(a)the Queensland Ambulance Service;

(b)the Queensland Fire and Rescue Service;

(c)the Queensland Police Service;

(d)the State Emergency Service;

(e)a service of another State, corresponding to a service mentioned in paragraphs (a) to (d), if there is a dangerous goods authority for the State;

(f)a unit of the Australian Defence Force corresponding to a service mentioned in paragraphs (a) to (d).

relevant information, for chapter 11, part 2, division 1, subdivision 2, see section 111D.

relevant offence—

(a)for chapter 11, part 4—see section 126P; or

(b)for chapter 11, part 4B or 4C, means—

(i)an offence against a relevant provision as defined in section 143AHA(4); or

(ii)an offence against section 143AC as in force before 9 March 2020.

relevant offence for chapter 11, part 4 ...

relevant offence for chapter 11, part 4B ...

relevant order means—

(a)an imprisonment order; or

(b)the obligations or an order mentioned in the Working with Children (Risk Management and Screening) Act 2000, section 17(1)(b).

relevant transport legislation—

(a)for chapter 7—see section 69; or

(b)for chapter 11—see section 110.

remedial action notice see section 126K.

respondent, for chapter 11, part 4C, see section 129ZJ(1).

restricted driver authorisation means driver authorisation that is restricted under section 29A.

restricted school service ...

retention period ...

road means—

(a)an area of land dedicated to public use as a road; or

(b)an area that is open to or used by the public and is developed for, or has as 1 of its main uses, the driving or riding of motor vehicles; or

(c)a bridge, culvert, ferry, ford, tunnel or viaduct; or

(d)a pedestrian or bicycle path; or

(e)a part of an area, bridge, culvert, ferry, ford, tunnel, viaduct or path mentioned in paragraphs (a) to (d).

road-based general route service means a general route service that—

(a)is not an air service; or

(b)is not a ferry service; or

(c)does not involve a rail vehicle.

road works has the same meaning as in the Transport Infrastructure Act 1994, chapter 6 (Road transport infrastructure).

safety law, for chapter 7, part 3, see section 83.

safety risk, for chapter 7, part 3, see section 83.

scheduled passenger service means a public passenger service—

(a)conducted on a route in accordance with a timetable for the service; or

(b)conducted on a route that forms a circle or loop (commonly called a ‘loop service’); or

(c)conducted on a continuous basis between 2 points (commonly called a ‘shuttle service’); or

(d)under which the vehicle used may, at the request of individual passengers, deviate from the usual route from time to time (commonly called a ‘route deviation service’); or

(e)under which the actual route to be traversed may vary within a corridor or zone at the request of individual passengers each time the service operates (commonly called a ‘dial and ride service’).

school service means a scheduled passenger service only or primarily for the transport of school students to and from school (other than for school excursions) on days that schools are open for instruction.

school student means a school student attending, as a student—

(a)a State school under the Education (General Provisions) Act 2006; or

(b)an accredited school under the Education (Accreditation of Non-State Schools) Act 2017.

SEQ area ...

service contract see section 38(1).

service contract area or route means an area or route for which a service contract is required under section 42 to provide particular public passenger services.

service entity, for chapter 12, part 2, see section 154B.

service entity provision, for chapter 12, part 2, see section 154F.

service equipment, for a public passenger service, means any of the following used in operating the service—

(a)facilities, including ticketing systems, network monitoring systems, communications equipment and timing systems;

(b)infrastructure, including tunnels, stations, parking facilities and passenger interchanges;

(c)goods or services related to something mentioned in paragraph (a) or (b).

shelf life...

smartcard ...

smartcard driver authorisation means driver authorisation in the form provided for under section 29(3)(b).

special event, for chapter 6, part 4, means an event the subject of a declaration under section 67C.

special purpose limousine ...

special purpose limousine service licence ...

standard means a standard in force under this Act.

standard service contract means a service contract that is not—

(a)an integrated mass transit service contract; or

(b)a prescribed school service contract.

State influenced entity, for chapter 12, part 2, see section 154G.

State school ...

stretched ...

stretched passenger car ...

student event ...

substitute taxi ...

substitute vehicle means a motor vehicle allowed to be used under a taxi service licence, a limousine licence or a booked hire service licence under a regulation under section 91R(3)(b).

tag off ...

tag on ...

take...

tare means the weight of a vehicle equipped for travelling on a railway, but not including any load.

taxi means—

(a)a motor vehicle stated in a taxi service licence; or

(b)a substitute vehicle for the licence.

taxi industry security levy ...

taximeter ...

taxi service see section 70.

taxi service area means an area declared under section 91ZT.

taxi service licence see section 91D.

temporary service contract ...

ticket ...

timetable, for a scheduled passenger service, means an arrangement under which the starting time or finishing time, or both, for each service is fixed.

tourist service ...

tourist transfer service ...

TPA ...

TPC Act means the Transport Planning and Coordination Act 1994.

transit officer see section 111(3).

transit officer training means a course of training for qualification for appointment as a transit officer complying with section 111L.

TransLink ...

TransLink area ...

TransLink service contract ...

transport dangerous goods includes—

(a)pack, load and unload the goods, and transfer them to or from a rail vehicle, for their transport; and

(b)mark packages, and unit loads, containing dangerous goods; and

(c)placard containers and rail vehicles in which dangerous goods are transported.

transport coordination plan means the transport coordination plan developed under the Transport Planning and Coordination Act 1994.

transport documentation means each of the following—

(a)for a rail vehicle—

(i)each contractual document directly or indirectly associated with—

(A)a transaction for the actual or proposed transport by rail of goods or any previous transport of the goods by any transport method; or

(B)goods, to the extent the document is relevant to the transaction for their actual or proposed transport by rail; or

(ii)each document—

(A)contemplated in a contractual document mentioned in subparagraph (i); or

(B)required by law, or customarily given, in connection with a contractual document or transaction mentioned in subparagraph (i);

Examples—

•a bill of lading

•a consignment note

•a container weight declaration

•a contract of carriage

•a delivery order

•an export receival advice

•an invoice

•a load manifest

•a sea carriage document

•a vendor declaration

•train wire

•sequential consist

•loading form

(b)for the transport of dangerous goods—documentation required to be kept under a dangerous goods regulation.

transport indictable offence, for chapter 11, part 4B, see section 129Y.

undeclared area or route means an area or route that is not a specified area or route to which a declaration, for a road-based general route service, under section 42(2) relates.

unit of rolling stock means a vehicle designed to run on rails.

Example—

A unit of rolling stock includes a vehicle that operates on a railway and is used, or is proposed to be used, for either of the following purposes—

(a)transporting passengers or freight on a railway;

(b)maintenance work, or other work associated with, a railway.

unscheduled long distance passenger service ...

vehicle includes a ferry.

wedding event ...