Transport Operations (Road Use Management—Vehicle Registration) and Another Regulation Amendment Regulation (No. 1) 2009 (Qld)

Queensland Transport Operations (Road Use Management—Vehicle Registration) and Another Regulation Amendment Regulation (No. 1) 2009 Subordinate Legislation 2009 No. 56 made under the State Penalties Enforcement Act 1999 Transport Operations (Road Use Management) Act 1995 Contents Part 1 1 Part 2 2 3 4 5 Part 3 6 7 Schedule Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Amendment of Transport Operations (Road UseManagement—Vehicle Registration) Regulation 1999 Regulation amended in pt 2 and schedule . . . . . . . . . . . . . . . . . . 2 Insertion of new s 68AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 68AA Release of information to toll road operator, local government tollway operator and other persons . . . . 2 Amendment of s 68A (Release of vehicle related information) . . 4 Amendment of s 69 (Fees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Amendment of State Penalties Enforcement Regulation2000 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Amendment of sch 3 (Transport legislation) . . . . . . . . . . . . . . . . . 4 Minor amendments of Transport Operations (Road UseManagement—Vehicle Registration) Regulation 1999 . . . . . . 6

Transport Operations (Road Use Management—Vehicle Registration) and AnotherRegulation Amendment Regulation (No. 1) 2009 Part 1 Preliminary [s 1] Part 1 Preliminary 1 Short title This regulation may be cited as the Transport Operations (Road Use Management—Vehicle Registration) and Another Regulation Amendment Regulation (No. 1) 2009 . Part 2 Amendment of Transport Operations (Road Use Management—Vehicle Registration) Regulation 1999 2 Regulation amended in pt 2 and schedule This part and the schedule amend the TransportOperations(RoadUseManagement—VehicleRegistration)Regulation1999 . 3 Insertion of new s 68AA After section 68— insert — ‘68AA Release of information to toll road operator, local government tollway operator and other persons ‘(1) The chief executive may, under an arrangement in writing entered into between the chief executive and a toll road operator or local government tollway operator, give an extract from the register of information about a vehicle to— (a) the operator; or (b) a person acting for the operator. ‘(2) The arrangement must— Page 2 2009 SL No. 56

Transport Operations (Road Use Management—Vehicle Registration) and AnotherRegulation Amendment Regulation (No. 1) 2009 Part 2 Amendment of Transport Operations (Road Use Management—Vehicle Registration) [s 3] (a) include conditions imposed by the chief executive about— (i) the giving of the information; and (ii) the use and disclosure of the information; and (b) provide for payment to the chief executive of the reasonable amount decided by the chief executive for giving the information. ‘(3) A toll road operator or local government tollway operator given information about a vehicle under an arrangement as mentioned in subsection (1) must not use or disclose the information other than under the conditions stated in the arrangement for the use and disclosure. Maximum penalty—20 penalty units. ‘(4) If a person who is acting for a toll road operator or local government tollway operator is given information about a vehicle under an arrangement as mentioned in subsection (1), the person must not use or disclose the information other than under the conditions— (a) stated in the arrangement for the use and disclosure; and (b) advised to the person when, or before, the information is given. Maximum penalty—20 penalty units. ‘(5) Information about a vehicle that may be released under subsection (1) includes personal information about the vehicle’s current or previous registered operator. ‘(6) In this section— local government tollway operator see the TransportInfrastructure Act 1994 , section 105B. toll road operator see the Transport Infrastructure Act 1994 , section 92.’. 2009 SL No. 56 Page 3

Transport Operations (Road Use Management—Vehicle Registration) and AnotherRegulation Amendment Regulation (No. 1) 2009 Part 3 Amendment of State Penalties Enforcement Regulation 2000 [s 4] 4 Amendment of s 68A (Release of vehicle related information) Section 68A— insert — ‘(2A) However, subsection (2)(a) does not apply to the chief executive in giving information to a person under section 68AA. Note — See section 68AA(2)(b) about payment to the chief executive for giving information to the person under that section.’. 5 Amendment of s 69 (Fees) Section 69— insert — ‘(5) To remove any doubt, it is declared that subsection (3) does not apply to an amount payable to the chief executive for giving information under section 68AA(1). Note — See section 68AA(2)(b) about payment to the chief executive for giving information under that section.’. Part 3 Amendment of State Penalties Enforcement Regulation 2000 6 Regulation amended This part amends the State Penalties Enforcement Regulation2000 . 7 Amendment of sch 3 (Transport legislation) (1) Schedule 3, entry for the Transport Infrastructure Act 1994— Page 4 2009 SL No. 56

Transport Operations (Road Use Management—Vehicle Registration) and AnotherRegulation Amendment Regulation (No. 1) 2009 Part 3 Amendment of State Penalties Enforcement Regulation 2000 [s 7] insert — ‘s 105ZH(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 105ZJ(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 105ZK(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2 / 5 1 2 / 5 1 2 / 5’. (2) Schedule 3, entry for the Transport Infrastructure Act 1994 , entry for authorised person for service of infringement notices, paragraph (a), ‘100(4) or 101(3)’— omit, insert — ‘100(4), 101(3), 105ZH(3), 105ZJ(4) or 105ZK(3)’. 2009 SL No. 56 Page 5

Transport Operations (Road Use Management—Vehicle Registration) and Another Regulation Amendment Regulation (No. 1) 2009 Schedule Schedule Minor amendments of Transport Operations (RoadUse Management—VehicleRegistration) Regulation 1999 section 2 1 Sections 18(5) and 31A(5), after ‘penalty’— insert — ‘for subsection (5)’. 2 Section 55T, ‘18(c)(ii)’— omit, insert — ‘18(1)(c)(ii)’. 3 Schedule 4, definition gas certificate , paragraphs (a) and (b), before ‘part 3’— insert — ‘chapter 5,’. ENDNOTES 1 Made by the Governor in Council on 14 May 2009. 2 Notified in the gazette on 15 May 2009. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Transport and Main Roads. © State of Queensland 2009 Page 6 2009 SL No. 56