Transport Operations (Road Use Management) and Another Act Amendment Act 2003 (Qld)

Transport Operations (Road Use Management) and Another Act Amendment Act 2003

Queensland TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) AND ANOTHER ACT AMENDMENT ACT 2003 Act No. 69 of 2003

Queensland TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) AND ANOTHER ACT AMENDMENT ACT 2003 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 PART 2—AMENDMENT OF TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 3 Amendment of s 50AA (Power to require information) . . . . . . . . . . . . . . . . 4 4 Amendment of s 57B (Further liability provisions for extended liability offences) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 5 Amendment of s 78 (Driving of motor vehicle without a driver licence prohibited) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 6 Amendment of s 79 (Driving etc. whilst under inﬂuence of liquor or drugs or with prescribed concentration of alcohol in blood) . . . . . . . . . . . 8 7 Insertion of new s 79A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 79A When is a person over the limit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 8 Amendment of s 80 (Provisions with respect to breath tests and laboratory tests) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 9 Amendment of s 81 (Notices to offenders for certain ﬁrst offences) . . . . . . 13 10 Amendment of s 86 (Disqualiﬁcation of drivers of motor vehicles for certain offences) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 11 Amendment of s 87 (Issue of restricted licence to disqualiﬁed person) . . . . 14 12 Insertion of new ch 7, pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 PART 6—TRANSITIONAL PROVISIONS FOR THE TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) AND ANOTHER ACT AMENDMENT ACT 2003 198 Evidentiary value of certiﬁcates preserved . . . . . . . . . . . . . . . . . . . . 14

2 Transport Operations (Road Use Management) and No. 69, 2003 Another Act Amendment Act 2003 13 Amendment of sch 4 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . 16 AMENDMENT OF STATE TRANSPORT (PEOPLE MOVERS) ACT 1989

Queensland Transport Operations (Road Use Management) and Another Act Amendment Act 2003 Act No. 69 of 2003 An Act to amend the Transport Operations (Road Use Management)Act 1995 and the State Transport (People Movers) Act 1989 [Assented to 22 October 2003]

s1 4 s3 Transport Operations (Road Use Management) and No. 69, 2003 Another Act Amendment Act 2003 The Parliament of Queensland enacts— PART 1—PRELIMINARY 1 Short title This Act may be cited as the Transport Operations (Road Use Management) and Another Act Amendment Act 2003 . 2 Acts amended (1) Part 2 amends the TransportOperations(RoadUseManagement)Act 1995. (2) The schedule amends the State Transport (People Movers) Act 1989. PART 2—AMENDMENT OF TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 3 Amendment of s 50AA (Power to require information) Section 50AA— insert— ‘ (6A) Subsection (6B) applies if the person is called as a witness in a proceeding against someone else for the information offence. ‘ (6B) The person is not entitled to refuse to answer a question in relation to the information offence because answering the question might tend to incriminate the person for an information offence (the “particular offence” ). ‘ (6C) However, the person’s answer, and any evidence directly or indirectly derived from the answer, is not admissible against the person in a civil or criminal proceeding for an information offence, whether or not the particular offence.

s4 5 s4 Transport Operations (Road Use Management) and No. 69, 2003 Another Act Amendment Act 2003 ‘ (6D) Also, nothing in subsection (6B) requires the person to answer a question that might tend to incriminate the person of an offence that is not an information offence.’. 4 Amendment of s 57B (Further liability provisions for extended liability offences) (1) Section 57B(2)(a), after ‘inﬂuencing person’, ﬁrst mention— insert— ‘, or any associate of the inﬂuencing person,’. (2) Section 57B(2)(b), ‘the inﬂuencing person was not’— omit, insert— ‘neither the inﬂuencing person, nor an associate, was’. (3) Section 57B(2)(a) and (b), after ‘act or omission’— insert— ‘that is the offence’. (4) Section 57B(3), deﬁnition “inﬂuencing person” — omit. (5) Section 57B(3)— insert— ‘ “associate” , of an inﬂuencing person, means any of the following persons to whom the inﬂuencing person, whether or not for reward, has given an interest, other than a security interest, in the vehicle— (a) for an inﬂuencing person who is a individual— (i) a spouse of the inﬂuencing person; or (ii) a relative of the inﬂuencing person, whether by blood, spousal relationship or adoption; or (iii) an employee of the inﬂuencing person; or (iv) an employee of a corporation of which the inﬂuencing person is an executive ofﬁcer; or (v) a partner of the inﬂuencing person; or

s4 6 s4 Transport Operations (Road Use Management) and No. 69, 2003 Another Act Amendment Act 2003 (vi) a corporation of which the inﬂuencing person is an executive ofﬁcer; or (vii) a corporation in which the inﬂuencing person holds a controlling interest; (b) for an inﬂuencing person that is a corporation— (i) an executive ofﬁcer of the corporation; or (ii) a spouse of an executive ofﬁcer of the corporation; or (iii) a relative of an executive ofﬁcer of the corporation, whether by blood, spousal relationship or adoption; or (iv) an employee of the corporation; or (v) a person who holds a controlling interest in the corporation; or (vi) a holding company of the corporation; or (vii) a subsidiary of the corporation; or (viii)a subsidiary of a holding company of the corporation; (c) a person who is accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of the inﬂuencing person or, if the inﬂuencing person is a corporation, of the executive ofﬁcers of the inﬂuencing person; (d) a person who, because of paragraph (a), (b) or (c), would be an associate of someone who is an associate of the inﬂuencing person if the associate were an inﬂuencing person. Example of an associate — If the inﬂuencing person, by a verbal agreement, leases the vehicle to a corporation that is a subsidiary of the inﬂuencing person, the corporation is an associate of the inﬂuencing person.

s5 7 s5 Transport Operations (Road Use Management) and No. 69, 2003 Another Act Amendment Act 2003 “holding company” see the Corporations Act, section 9. 1 “inﬂuencing person” , in relation to a vehicle, means any or all of the following persons— (a) the owner of the vehicle, or for a combination, of either of the vehicles; (b) the registered operator of the vehicle, or for a combination, of either of the vehicles; (c) a person, other than the owner or registered operator, who controls or directly inﬂuences the loading or operation of the vehicle. “security interest” means an interest given by way of security for or in relation to a liability, whether present, contingent or future. “subsidiary” see the Corporations Act, section 9.’. 5 Amendment of s 78 (Driving of motor vehicle without a driver licence prohibited) (1) Section 78(3)(d) to (f)— renumber as section 78(3)(f) to (h). (2) Section 78(3)— insert— ‘(d) if the person committed the offence while the person was disqualiﬁed from holding or obtaining a driver licence because the person had been convicted of an offence against the Queensland Road Rules, section 20, 2 for driving more than 40 km/h over the speed limit—6 months; (e) if the person committed the offence while the person’s authority to drive on a Queensland road under a non-Queensland driver licence was suspended because the person had been convicted of an offence against the Queensland Road Rules, section 20, for driving more than 40 km/h over the speed limit—6 months;’. (3) Section 78(6), deﬁnition “disqualiﬁed driver” , paragraph (b)(ii)— 1 Corporations Act, section 9 (Dictionary) 2 Queensland Road Rules, section 20 (Obeying the speed limit)

s6 8 s6 Transport Operations (Road Use Management) and No. 69, 2003 Another Act Amendment Act 2003 renumber as paragraph (b)(iii). (4) Section 78(6), deﬁnition “disqualiﬁed driver” , paragraph (b)— insert— ‘(ii) the person was convicted of an offence against the Queensland Road Rules, section 20, for driving more than 40 km/h over the speed limit; or’. (5) Section 78(6), deﬁnition “disqualiﬁed driver” , paragraph (c)(ii)— renumber as paragraph (c)(iii). (6) Section 78(6), deﬁnition “disqualiﬁed driver” , paragraph (c)— insert— ‘(ii) because the person was convicted of an offence against the Queensland Road Rules, section 20, for driving more than 40 km/h over the speed limit; or’. 6 Amendment of s 79 (Driving etc. whilst under inﬂuence of liquor or drugs or with prescribed concentration of alcohol in blood) (1) Section 79, heading, after ‘ blood ’— insert— ‘ or breath ’. (2) Section 79(2), from ‘whilst’ to ‘150 mg of alcohol per 100 mL of blood’— omit, insert— ‘, while the person is over the general alcohol limit but is not over the high alcohol limit’. (3) Section 79(2A), (2B) and (2D), from ‘whilst’ to ‘50 mg of alcohol per 100 mL of blood’— omit, insert— ‘, while the person is over the no alcohol limit but is not over the general alcohol limit’. (4) Section 79(2J), from ‘concentration’ to ‘50 mg of alcohol per 100 mL of blood’— omit, insert—

s7 9 s7 Transport Operations (Road Use Management) and No. 69, 2003 Another Act Amendment Act 2003 ‘person is over the no alcohol limit but is not over the general alcohol limit’. (5) Section 79(3), from ‘concentration’ to ‘150 mg of alcohol per 100 mL of blood’— omit, insert— ‘defendant was over the high alcohol limit’. (6) Section 79(4)(b), from ‘concentration’, first mention, to ‘50 mg of alcohol per 100 mL of blood’— omit, insert— ‘defendant was over the general alcohol limit’. (7) Section 79(4)(b), from ‘concentration’, second mention, to ‘0 mg of alcohol per 100 mL of blood’— omit, insert— ‘defendant was over the no alcohol limit’. (8) Section 79(6)(a), from ‘whilst the concentration’ to ‘to the complaint’— omit, insert— ‘while the defendant was over the general alcohol limit or, if at the material time the defendant was a person to whom subsection (2A), (2B) or (2J) referred, the defendant was over the no alcohol limit’. (9) Section 79(6)(b)(ii), from ‘by virtue’ to ‘inﬂuenced thereby’— omit, insert— ‘as indicated by the concentration of alcohol in the defendant’s blood or breath, inﬂuenced by alcohol’. 7 Insertion of new s 79A After section 79— insert— ‘79A When is a person over the limit ‘ (1) For this Act, a person is over the “no alcohol limit” if—

s 7 10 s 7 Transport Operations (Road Use Management) and No. 69, 2003 Another Act Amendment Act 2003 (a) the concentration of alcohol in the person’s blood is more than 0 mg of alcohol in 100 mL of blood; or (b) the concentration of alcohol in the person’s breath is more than 0 g of alcohol in 210 L of breath. ‘ (2) For this Act, a person is over the “general alcohol limit” if— (a) the concentration of alcohol in the person’s blood is, or is more than, 50 mg of alcohol in 100 mL of blood; or (b) the concentration of alcohol in the person’s breath is, or is more than, 0.050 g of alcohol in 210 L of breath. ‘ (3) For this Act, a person is over the “high alcohol limit” if— (a) the concentration of alcohol in the person’s blood is, or is more than, 150 mg of alcohol in 100 mL of blood; or (b) the concentration of alcohol in the person’s breath is, or is more than, 0.150 g of alcohol in 210 L of breath. ‘ (4) For this Act— (a) the concentration of alcohol in a person’s blood may be expressed as— (i) a speciﬁed number of milligrams of alcohol in 100 mL of blood; or (ii) a percentage that expresses the speciﬁed number of milligrams of alcohol in 100 mL of blood; and (b) the concentration of alcohol in a person’s breath may be expressed as— (i) a speciﬁed number of grams of alcohol in 210 L of breath; or (ii) a speciﬁed number of grams in 210 L. Examples for subsection (4) — 1. The concentration of alcohol in a person’s blood may be expressed as 63 mg of alcohol in 100 mL of blood or as 0.063%. 2. The concentration of alcohol in a person’s breath may be expressed as 0.063 g of alcohol in 210 L of breath or as 0.063g/210 L.’.

s 8 11 s 8 Transport Operations (Road Use Management) and No. 69, 2003 Another Act Amendment Act 2003 8 Amendment of s 80 (Provisions with respect to breath tests and laboratory tests) (1) Section 80(1), deﬁnition “breath analysing instrument” , paragraph (a)— omit, insert— ‘(a) for ﬁnding out the concentration of alcohol in— (i) a person’s blood by analysing a specimen of the person’s breath; or (ii) a person’s breath by analysing a specimen of the person’s breath; and’. (2) Section 80(1), deﬁnition “breath test” , ‘blood that is performed on a specimen of the person’s’— omit. (3) Section 80(6)(a), from ‘concentration’ to ‘50 mg of alcohol per 100 mL of blood’— omit, insert— ‘person is over the general alcohol limit’. (4) Section 80(6)(aa), from ‘concentration’ to ‘0 mg of alcohol per 100 mL of blood’— omit, insert— ‘person is over the no alcohol limit’. (5) Section 80(8B)(d), after ‘doctor’— insert— ‘or nurse’. (6) Section 80(9)(d), after ‘person’s blood’— insert— ‘or breath’. (7) Section 80(9), after ‘doctor’— insert— ‘or nurse’.

s 8 12 s 8 Transport Operations (Road Use Management) and No. 69, 2003 Another Act Amendment Act 2003 (8) Section 80(9A), after ‘doctor’, second mention— insert— ‘or nurse’. (9) Section 80(14)— omit. (10) Section 80(15) and (15G), after ‘the blood’— insert— ‘or breath’. (11) Section 80(16), ‘such specimen shall deliver the same’— omit, insert— ‘the specimen must deliver it, or arrange for it to be delivered on the police ofﬁcer’s behalf,’. (12) Section 80(19), ‘sends a specimen of blood’— omit, insert— ‘delivers a specimen of blood, or arranges for a specimen of blood to be delivered on the ofﬁcer’s behalf,’. (13) Section 80(19)(a), after ‘by the ofﬁcer’— insert— ‘and any person who delivered the specimen on the ofﬁcer’s behalf’. (14) Section 80(22)(a), from ‘concentration’, ﬁrst mention, to ‘50 mg of alcohol per 100 mL of blood’— omit, insert— ‘person is over the general alcohol limit’. (15) Section 80(22)(a), from ‘concentration’, second mention, to ‘0 mg of alcohol per 100 mL of blood’— omit, insert— ‘person is over the no alcohol limit’. (16) Section 80(22)(c)(i), from ‘concentration’, ﬁrst mention, to ‘50 mg of alcohol per 100 mL of blood’— omit, insert—

s 9 13 s 9 Transport Operations (Road Use Management) and No. 69, 2003 Another Act Amendment Act 2003 ‘person is over the general alcohol limit’. (17) Section 80(22)(c)(i), from ‘concentration’, second mention, to ‘0 mg of alcohol per 100 mL of blood’— omit, insert— ‘person is over the no alcohol limit’. (18) Section 80(24), from ‘Evidence’ to ‘the blood of a person’— insert— ‘Evidence of the presence of the concentration of alcohol in the blood or breath of a person, or the drug or metabolite of the drug in the blood of a person,’. (19) Section 80(24A)(c), from ‘concentration’ to ‘150 mg of alcohol per 100 mL of blood’— omit, insert— ‘person was over the high alcohol limit’. 9 Amendment of s 81 (Notices to offenders for certain ﬁrst offences) (1) Section 81(1)(b)— omit, insert— ‘(b) the concentration of alcohol— (i) in the person’s blood is less than 100 mg of alcohol in 100 mL of blood; or (ii) in the person’s breath is less than 0.100 g of alcohol in 210 L of breath;’. (2) Section 81(3)(f), after ‘person’s blood’— insert— ‘or breath’.

s 10 14 s 12 Transport Operations (Road Use Management) and No. 69, 2003 Another Act Amendment Act 2003 10 Amendment of s 86 (Disqualiﬁcation of drivers of motor vehicles for certain offences) Section 86(2A) and (2C), after ‘in the blood’— insert— ‘or breath’. 11 Amendment of s 87 (Issue of restricted licence to disqualiﬁed person) (1) Section 87(5)(db)(ii), from ‘concentration’ to ‘50 mg of alcohol per 100 mL of blood’— omit, insert— ‘person was over the general alcohol limit’. (2) Section 87(5B)(c)— omit, insert— ‘(c) a suspension under the StatePenaltiesEnforcementAct1999 ; or’. 12 Insertion of new ch 7, pt 6 After chapter 7, part 5— insert— ‘PART 6—TRANSITIONAL PROVISIONS FOR THE TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) AND ANOTHER ACT AMENDMENT ACT 2003 ‘198 Evidentiary value of certiﬁcates preserved ‘A certiﬁcate, or a copy of the certiﬁcate, stating the concentration of alcohol present in a person’s blood as indicated by a breath analysing instrument issued before the commencement of this section continues, after the commencement, to be as effectual as it was before the commencement, including in evidence in any proceeding.’.

s 13 15 s 13 Transport Operations (Road Use Management) and No. 69, 2003 Another Act Amendment Act 2003 13 Amendment of sch 4 (Dictionary) Schedule 4— insert— ‘ “general alcohol limit” see section 79A. 3 “high alcohol limit” see section 79A. 4 “no alcohol limit” see section 79A. 5 ’. 3 Section 79A (When is a person over the limit) 4 Section 79A (When is a person over the limit) 5 Section 79A (When is a person over the limit)

16 Transport Operations (Road Use Management) and No. 69, 2003 Another Act Amendment Act 2003 SCHEDULE AMENDMENT OF STATE TRANSPORT (PEOPLE MOVERS) ACT 1989 section 2(2) 1 Insertion of new s 2— After section 1— insert— ‘2 Operation of Act after commencement of this section ‘ (1) After the commencement— (a) this Act has effect only for the purposes of existing systems; and (b) a person can not commit an offence under section 17(1)(a) or (b) 6 in relation to a people mover system, other than an existing system for which there is a licence in force under this Act. ‘ (2) To remove any doubt, it is declared that, after the commencement— (a) the chief executive must not enter into an agreement under part 3 in relation to a people mover system; and (b) this Act does not apply to the construction or operation of a people mover system, other than the operation of an existing system for which there is a licence in force under this Act. Note— After the commencement, a people mover system could be constructed and operated under the authority of the Integrated Planning Act 1997 and other relevant law. This Act will not be relevant. ‘ (3) Despite subsection (1)(a), the chief executive must not act under section 19(1A) 7 to issue a further licence to any person. 6 Section 17 (Construction and operation of people mover system) 7 Section 19 (Period of licence)

17 Transport Operations (Road Use Management) and No. 69, 2003 Another Act Amendment Act 2003 SCHEDULE (continued) ‘ (4) Subsection (3) does not prevent the renewal of a licence in accordance with the provisions of the licence. ‘ (5) In this section— “commencement” means the commencement of this section. “existing system” means a people mover system that, immediately before the commencement, was in operation under a licence under part 4.’. © State of Queensland 2003