Transport Operations (Passenger Transport) and Another Regulation Amendment Regulation (No. 1) 2007 (Qld)

Queensland Transport Operations (Passenger Transport) and Another Regulation Amendment Regulation (No. 1) 2007 Subordinate Legislation 2007 No. 282 made under the State Penalties Enforcement Act 1999 Transport Operations (Passenger Transport) Act 1994 Contents Part 1 1 2 Part 2 3 4 5 6 7 8 9 Page Preliminary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Amendment of Transport Operations (Passenger Transport) Regulation 2005 Regulation amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Amendment of s 16 (Notifying disqualifying offences) . . . . . . . . . 4 Amendment of s 92 (Security safeguards to be taken to protect against unauthorised use of image recording) . . . . . . . . . 5 Insertion of new pt 6, div 5, sdiv 1, hdg . . . . . . . . . . . . . . . . . . . . 5 Amendment of s 94 (Definitions for div 5) . . . . . . . . . . . . . . . . . . 5 Insertion of new pt 6, div 5, sdiv 2, hdg . . . . . . . . . . . . . . . . . . . . 7 Insertion of new s 96AA and pt 6, div 5, sdivs 3–6. . . . . . . . . . . . 7 96AA Production of membership card to receive benefit . . . 7 Subdivision 3 Obligations on all persons 96AB Disclosure or use of taxi subsidy scheme information 7 96AC Misusing, or tampering with, membership card or approved card reader . . . . . . . . . . . . . . . . . . . . . . . . . 7

2 Transport Operations (Passenger Transport) and Another Regulation Amendment Regulation (No. 1) 2007 No. 282, 2007 Subdivision 4 Obligations on holder of taxi service licence or substitute taxi authority 96AD Ensuring approved card reader is fitted . . . . . . . . . . . 8 96AE Ensuring approved card reader appears to be working when making taxi or substitute taxi available under lease or contract. . . . . . . . . . . . . . . . . . . . . . . . 8 Subdivision 5 Obligations on operator 96AF Ensuring approved card reader appears to be working when taxi is made available to driver . . . . . . 9 96AG Ensuring approved card reader interfaces with taximeter and is kept connected. . . . . . . . . . . . . . . . . 9 96AH Manual card reader to be carried in taxi. . . . . . . . . . . 10 Subdivision 6 Obligations on taxi driver 96AI Driver authorisation number to be entered. . . . . . . . . 10 96AJ How approved card reader must be used . . . . . . . . . 11 96AK When manual card reader must be used . . . . . . . . . . 11 96AL When manual card reader must not be used . . . . . . . 12 96AM Driver to compare photograph and not to hire taxi to particular person . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 96AN Driver of taxi must not refuse hiring by approved relevant person. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 10 Amendment of s 120 (Accreditation evidence and accreditation certificates) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 11 Amendment of pt 10, hdg (Review of, and appeals against, decisions not provided for under Act, ch 10) . . . . . . . . . . . . . . . . 13 12 Amendment of s 135 (Disqualifying offences—Act, sch 3, def disqualifying offence, para (d)) . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 13 Insertion of new pt 12, div 1, hdg . . . . . . . . . . . . . . . . . . . . . . . . . 13 14 Amendment of s 147 (Definitions for pt 12) . . . . . . . . . . . . . . . . . 14 15 Amendment of s 149 (Things done under repealed regulation) . . 14 16 Amendment of s 154 (Section 62B guidelines) . . . . . . . . . . . . . . 14 17 Amendment of s 158 (Application of Acts Interpretation Act 1954) 15 18 Insertion of new pt 12, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Division 2 Transitional provision for Transport Operations (Passenger Transport) and Another Regulation Amendment Regulation (No. 1) 2007 158A Operators of taxi services—obligations about approved card readers . . . . . . . . . . . . . . . . . . . . . . . . 15 19 Amendment of sch 1 (Market entry restrictions) . . . . . . . . . . . . . 15

20 21 22 Part 3 23 24 3 Transport Operations (Passenger Transport) and Another Regulation Amendment Regulation (No. 1) 2007 No. 282, 2007 Amendment of sch 2 (Additional service contract areas or routes in Translink area) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 4 (Luxury motor vehicles) . . . . . . . . . . . . . . . Amendment of sch 11 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . Amendment of State Penalties Enforcement Regulation2000 Regulation amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 3 (Transport Legislation) . . . . . . . . . . . . . . . . 16 16 16 17 17

s1 4 s4 Transport Operations (Passenger Transport) and No. 282, 2007 Another Regulation Amendment Regulation (No. 1) 2007 Part 1 Preliminary 1 Short title This regulation may be cited as the Transport Operations (Passenger Transport) and Another Regulation Amendment Regulation (No. 1) 2007 . 2 Commencement (1) This regulation, other than section 24(2), commences on 23 November 2007. (2) Section 24(2) commences on 1 May 2008. Part 2 Amendment of Transport Operations (Passenger Transport) Regulation 2005 3 Regulation amended in pt 2 This part amends the Transport Operations (Passenger Transport) Regulation 2005. 4 Amendment of s 16 (Notifying disqualifying offences) Section 16(2), note— omit, insert— ‘ Note — Disqualifying offence is defined in schedule 3 of the Act. In paragraph (e) of the definition, a regulation may prescribe an offence as a disqualifying offence. For this purpose, see section 135.’.

s5 5 s7 Transport Operations (Passenger Transport) and No. 282, 2007 Another Regulation Amendment Regulation (No. 1) 2007 5 Amendment of s 92 (Security safeguards to be taken to protect against unauthorised use of image recording) Section 92(2), definition relevant person , paragraphs (a), (b) and (c), at the end— insert— ‘or’. 6 Insertion of new pt 6, div 5, sdiv 1, hdg Before section 94— insert— ‘Subdivision 1 Definitions’. 7 Amendment of s 94 (Definitions for div 5) Section 94— insert— ‘ approved card reader means an electronic device, of a type approved by the chief executive, for use in a taxi to— (a) verify that a membership card is current; and (b) verify that the driver of a taxi holds driver authorisation; and (c) enable the automatic calculation of a benefit under the taxi subsidy scheme for a taxi journey; and (d) facilitate payments under the taxi subsidy scheme. authorised purpose , in relation to taxi subsidy scheme information, means any of the following purposes— (a) for, or in connection with, the prosecution of, or the issue of an infringement notice for, an offence committed in or about the taxi to which the taxi subsidy scheme information relates;

s7 6 s7 Transport Operations (Passenger Transport) and No. 282, 2007 Another Regulation Amendment Regulation (No. 1) 2007 (b) a purpose relating to a police officer’s performance of duties as a police officer, other than a purpose mentioned in paragraph (a); (c) the administration of the taxi subsidy scheme, including— (i) planning for the scheme; and (ii) the performance of a service, for the administration of the scheme, under a contract with the State; and (iii) payments to taxi operators and drivers under the scheme; (d) the carrying out of work by a manufacturer or supplier of an approved card reader, or equipment used in connection with an approved card reader, to maintain, or address a failure in, the equipment; (e) the disclosure or use of taxi subsidy scheme information as required or authorised under an Act. manual card reader means a device capable of taking an imprint from a membership card. membership card means an electronic card that— (a) is or has been issued by the chief executive in relation to an approved relevant person’s membership of the taxi subsidy scheme, for use with an approved card reader or a manual card reader; and (b) includes a photograph of the approved relevant person. taxi subsidy scheme information means— (a) information, whether or not in electronic form, on a membership card; or (b) information generated or transmitted under the taxi subsidy scheme by an approved card reader; or (c) a record, or other information, derived from information generated or transmitted under the taxi subsidy scheme by an approved card reader.’.

s8 7 s9 Transport Operations (Passenger Transport) and No. 282, 2007 Another Regulation Amendment Regulation (No. 1) 2007 8 Insertion of new pt 6, div 5, sdiv 2, hdg After section 94— insert— ‘Subdivision 2 Membership of taxi subsidy scheme ’. 9 Insertion of new s 96AA and pt 6, div 5, sdivs 3–6 Part 6, division 5, after section 96— insert— ‘96AA Production of membership card to receive benefit ‘An approved relevant person can not receive a benefit under the taxi subsidy scheme for a taxi journey by the person unless the person produces his or her membership card to the driver of the taxi for the journey that is to be subsidised. ‘Subdivision 3 Obligations on all persons ‘96AB Disclosure or use of taxi subsidy scheme information ‘A person must not disclose or use taxi subsidy scheme information other than for an authorised purpose. Maximum penalty—80 penalty units. ‘96AC Misusing, or tampering with, membership card or approved card reader ‘A person must not misuse, or tamper with, a membership card or approved card reader. Maximum penalty—40 penalty units.

s9 8 s9 Transport Operations (Passenger Transport) and No. 282, 2007 Another Regulation Amendment Regulation (No. 1) 2007 ‘Subdivision 4 Obligations on holder of taxi service licence or substitute taxi authority ‘96AD Ensuring approved card reader is fitted ‘(1) The holder of a taxi service licence must ensure a taxi operated under the licence is fitted with an approved card reader if the taxi is not an exempted taxi. Maximum penalty—40 penalty units. ‘(2) The holder of a substitute taxi authority must ensure a substitute taxi used under the authority is fitted with an approved card reader. Maximum penalty—40 penalty units. ‘96AE Ensuring approved card reader appears to be working when making taxi or substitute taxi available under lease or contract ‘(1) This section applies if— (a) the holder of— (i) a taxi service licence for a taxi leases the licence; or (ii) a substitute taxi authority for a taxi enters into a contract or other arrangement in relation to the substitute taxi authority; and (b) the holder makes the taxi or substitute taxi available to another person under the lease, contract or arrangement; and (c) the taxi or substitute taxi is fitted with an approved card reader; and (d) for the taxi—the taxi is not an exempted taxi. ‘(2) The holder must ensure the approved card reader appears to be working when the holder makes the taxi or substitute taxi available to the other person. Maximum penalty—40 penalty units.

s9 9 s9 Transport Operations (Passenger Transport) and No. 282, 2007 Another Regulation Amendment Regulation (No. 1) 2007 ‘Subdivision 5 Obligations on operator ‘96AF Ensuring approved card reader appears to be working when taxi is made available to driver ‘(1) This section applies if— (a) the operator of a taxi service makes available to a driver a taxi used to provide the service; and (b) the taxi is fitted with an approved card reader; and (c) the taxi is not an exempted taxi. ‘(2) The operator must ensure the approved card reader appears to be working when the operator makes the taxi available to the driver. Maximum penalty—40 penalty units. ‘96AG Ensuring approved card reader interfaces with taximeter and is kept connected ‘(1) This section applies if— (a) a taxi used to provide a taxi service is fitted with an approved card reader; and (b) the taxi is fitted with a taximeter; and (c) the taxi is not an exempted taxi. Editor’s note — This section does not apply to the operator of a taxi service until 1 May 2008—see section 158A. ‘(2) The operator of the service must ensure the approved card reader interfaces with the taximeter to enable the automatic calculation of the benefit under the taxi subsidy scheme for a journey. Maximum penalty—20 penalty units. ‘(3) The operator of the service must ensure a connection for the electronic transmission of information is kept between the taximeter and the approved card reader while the taxi is in use.

s 9 10 s 9 Transport Operations (Passenger Transport) and No. 282, 2007 Another Regulation Amendment Regulation (No. 1) 2007 Maximum penalty—20 penalty units. ‘(4) The operator of the service does not commit an offence against subsection (2) or (3) if— (a) a defect in, or damage to, the approved card reader or the taximeter prevents compliance with the subsection; and (b) arrangements have been made to repair the approved card reader. ‘96AH Manual card reader to be carried in taxi ‘The operator of a taxi service must ensure that, while a taxi used to provide the service is available for hire, a manual card reader is carried in the taxi. Maximum penalty—20 penalty units. ‘Subdivision 6 Obligations on taxi driver ‘96AI Driver authorisation number to be entered ‘(1) This section applies if— (a) a taxi is fitted with an approved card reader; and (b) the taxi is not an exempted taxi. ‘(2) The driver of the taxi must— (a) enter his or her driver authorisation number into the approved card reader at the start of each shift to validate the currency of his or her driver authorisation; and (b) sight the response from the approved card reader. Maximum penalty—40 penalty units. ‘(3) The driver does not commit an offence against subsection (2) if— (a) a defect in, or damage to, the approved card reader prevents compliance with the subsection; and

s 9 11 s 9 Transport Operations (Passenger Transport) and No. 282, 2007 Another Regulation Amendment Regulation (No. 1) 2007 (b) arrangements have been made to repair the approved card reader. ‘96AJ How approved card reader must be used ‘(1) This section applies if— (a) an approved relevant person produces the person’s membership card to the driver of a taxi, used to provide a taxi service, for the journey that is to be subsidised; and (b) the taxi is fitted with an approved card reader; and (c) the taxi is not an exempted taxi. ‘(2) The driver must— (a) insert the membership card into the approved card reader— (i) to validate the currency of the approved relevant person’s membership of the taxi subsidy scheme; and (ii) to facilitate the payment, under the scheme, in relation to the fare for the journey; and (b) sight the response for paragraph (a)(i) from the approved card reader. Maximum penalty—40 penalty units. ‘(3) The driver does not commit an offence against subsection (2) if— (a) a defect in, or damage to, the approved card reader prevents compliance with the subsection; and (b) arrangements have been made to repair the approved card reader. ‘96AK When manual card reader must be used ‘(1) This section applies if—

s 9 12 s 9 Transport Operations (Passenger Transport) and No. 282, 2007 Another Regulation Amendment Regulation (No. 1) 2007 (a) an approved relevant person produces the person’s membership card to the driver of a taxi, used to provide a taxi service, for the journey that is to be subsidised; and (b) the taxi is not an exempted taxi; and (c) the taxi is fitted with an approved card reader; and (d) the approved card reader is not working properly or at all; and (e) a manual card reader is carried in the taxi. ‘(2) The driver of the taxi must use the manual card reader to take an imprint of the membership card. Maximum penalty—40 penalty units. ‘96AL When manual card reader must not be used ‘The driver of a taxi must not use a manual card reader unless— (a) the taxi is an exempted taxi; or (b) the approved card reader is not working properly or at all. Maximum penalty—40 penalty units. ‘96AM Driver to compare photograph and not to hire taxi to particular person ‘(1) If, for a journey, a hirer of a taxi produces a membership card to the driver of the taxi, the driver must make a visual comparison between the person and the photograph on the membership card. Maximum penalty—40 penalty units. ‘(2) The driver of a taxi must not hire the taxi to a person for a journey if the driver reasonably believes that— (a) the person is not an approved relevant person; and

s 10 13 s 13 Transport Operations (Passenger Transport) and No. 282, 2007 Another Regulation Amendment Regulation (No. 1) 2007 (b) the person intends to obtain a benefit under the taxi subsidy scheme in relation to the fare for the journey. Maximum penalty—40 penalty units. ‘96AN Driver of taxi must not refuse hiring by approved relevant person ‘The driver of a taxi available for hire must not refuse a hiring by an approved relevant person, unless the driver has a reasonable excuse. Maximum penalty—40 penalty units.’. 10 Amendment of s 120 (Accreditation evidence and accreditation certificates) Section 120(5), example, ‘An example’— omit, insert— ‘ Example ’. 11 Amendment of pt 10, hdg (Review of, and appeals against, decisions not provided for under Act, ch 10) Part 10, heading, ‘ch’— omit, insert — ‘ chapter ’. 12 Amendment of s 135 (Disqualifying offences—Act, sch 3, def disqualifying offence , para (d)) Section 135, heading, ‘para (d)’— omit, insert— ‘ para (e) ’. 13 Insertion of new pt 12, div 1, hdg Before section 147—

s 14 14 s 16 Transport Operations (Passenger Transport) and No. 282, 2007 Another Regulation Amendment Regulation (No. 1) 2007 insert— ‘Division 1 Transitional provisions for Transport Operations (Passenger Transport) Regulation 2005 ’. 14 Amendment of s 147 (Definitions for pt 12) (1) Section 147, heading, ‘pt 12’— omit, insert— ‘ div 1 ’. (2) Section 147, ‘part’— omit, insert— ‘division’. (3) Section 147, definitions appeal court and original decision , ‘section 29(1)’— omit, insert— ‘section 29’. 15 Amendment of s 149 (Things done under repealed regulation) Section 149(4), ‘part’— omit, insert— ‘division’. 16 Amendment of s 154 (Section 62B guidelines) Section 154(3), from ‘2 years’— omit, insert— ‘on 16 December 2008.’.

s 17 15 s 19 Transport Operations (Passenger Transport) and No. 282, 2007 Another Regulation Amendment Regulation (No. 1) 2007 17 Amendment of s 158 (Application of Acts InterpretationAct 1954) Section 158, ‘part’— omit, insert— ‘division’. 18 Insertion of new pt 12, div 2 After section 158— insert— ‘Division 2 Transitional provision for Transport Operations (Passenger Transport) and Another Regulation Amendment Regulation (No. 1) 2007 ‘158A Operators of taxi services—obligations about approved card readers ‘Section 96AG does not apply to an operator of a taxi service until 1 May 2008.’. 19 Amendment of sch 1 (Market entry restrictions) Schedule 1, item 5, column 2— insert— ‘4 Routes between Townsville and Palm Island’.

s 20 16 s 22 Transport Operations (Passenger Transport) and No. 282, 2007 Another Regulation Amendment Regulation (No. 1) 2007 20 Amendment of sch 2 (Additional service contract areas or routes in Translink area) Schedule 2— insert— ‘• Samford Valley–Ferny Grove service contract route 399 1 ’. 21 Amendment of sch 4 (Luxury motor vehicles) Schedule 4, column for make of vehicle, Group C— insert— ‘• BMW 5 Series’. 22 Amendment of sch 11 (Dictionary) (1) Schedule 11, definition authorised purpose — omit. (2) Schedule 11— insert— ‘ approved card reader see section 94. authorised purpose — (a) for part 6, division 4, see section 81; or (b) for part 6, division 5, see section 94. manual card reader , for part 6, division 5, see section 94. membership card , for part 6, division 5, see section 94. taxi subsidy scheme information see section 94.’. 1 The area was declared under section 42 of the Act by public notice on 23 July 2007.

s 23 17 s 24 Transport Operations (Passenger Transport) and No. 282, 2007 Another Regulation Amendment Regulation (No. 1) 2007 Part 3 Amendment of State Penalties Enforcement Regulation 2000 23 Regulation amended in pt 3 This part amends the State Penalties Enforcement Regulation2000. 24 Amendment of sch 3 (Transport Legislation) (1) Schedule 3, entry for the Transport Operations (Passenger Transport) Regulation 2005 — insert— ‘s 96AB . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 96AC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 96AD(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 96AD(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 96AE(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 96AF(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 96AH . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 96AK(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 96AL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 96AM(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 4 4 4 4 4 2 4 4 4’. (2) Schedule 3, entry for the Transport Operations (Passenger Transport) Regulation 2005 — insert— ‘s 96AG(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 96AG(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2’.

18 Transport Operations (Passenger Transport) and Another Regulation Amendment Regulation (No. 1) 2007 No. 282, 2007 ENDNOTES 1 Made by the Governor in Council on 22 November 2007. 2 Notified in the gazette on 23 November 2007. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Transport. © State of Queensland 2007