{"id":"qld:act-1994-043","name":"Transport Operations (Passenger Transport) Act 1994","slug":"transport-operations-passenger-transport-act-1994","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"43 of 1994","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104770,"registerId":"qld-act-1994-043-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"ch.2-pt.1","sectionType":"part","heading":"Passenger transport strategies","content":"# Passenger transport strategies","sortOrder":0},{"sectionNumber":"sec.5","sectionType":"section","heading":"Development of passenger transport strategies","content":"### sec.5 Development of passenger transport strategies\n\nThe 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.\nIn developing passenger transport strategies, the chief executive must take reasonable steps to engage in public consultation.\nThe 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.\nThe 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.\nThe 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.\n(sec.5-ssec.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.\n(sec.5-ssec.2) In developing passenger transport strategies, the chief executive must take reasonable steps to engage in public consultation.\n(sec.5-ssec.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.\n(sec.5-ssec.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.\n(sec.5-ssec.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.","sortOrder":1},{"sectionNumber":"sec.6","sectionType":"section","heading":"Contents of passenger transport strategies","content":"### sec.6 Contents of passenger transport strategies\n\nPassenger transport strategies must include—\na statement of the specific objectives sought to be achieved; and\nproposals for the provision of public passenger transport; and\ncriteria for deciding priorities for government spending on public passenger transport, and options for raising the necessary finance; and\nappropriate performance indicators for deciding whether, and to what extent, the objectives of the strategies have been achieved.\nPassenger 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.\nPassenger transport strategies may also take into account agreements between the State and the Commonwealth, other States and local governments about passenger transport.\nIf 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.\ns 6 amd 1995 No. 48 s 13 ; 2009 No. 47 s 20 sch ; 2012 No. 31 s 4\n(sec.6-ssec.1) Passenger transport strategies must include— a statement of the specific objectives sought to be achieved; and proposals for the provision of public passenger transport; and criteria for deciding priorities for government spending on public passenger transport, and options for raising the necessary finance; and appropriate performance indicators for deciding whether, and to what extent, the objectives of the strategies have been achieved.\n(sec.6-ssec.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.\n(sec.6-ssec.3) Passenger transport strategies may also take into account agreements between the State and the Commonwealth, other States and local governments about passenger transport.\n(sec.6-ssec.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.\n- (a) a statement of the specific objectives sought to be achieved; and\n- (b) proposals for the provision of public passenger transport; and\n- (c) criteria for deciding priorities for government spending on public passenger transport, and options for raising the necessary finance; and\n- (d) appropriate performance indicators for deciding whether, and to what extent, the objectives of the strategies have been achieved.","sortOrder":2},{"sectionNumber":"ch.2-pt.2","sectionType":"part","heading":"Passenger transport implementation programs","content":"# Passenger transport implementation programs","sortOrder":3},{"sectionNumber":"sec.7","sectionType":"section","heading":"Development of passenger transport implementation programs","content":"### sec.7 Development of passenger transport implementation programs\n\nBefore 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.\nA passenger transport implementation program must include a statement of—\nthe policies, projects and financial provisions for implementing the passenger transport strategies; and\nthe performance targets to be achieved.\nA 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.\nIn developing passenger transport implementation programs, the chief executive must take reasonable steps to engage in public consultation.\nA passenger transport implementation program must be made available to the public in a way decided by the Minister.\nThe Minister may at any time direct the chief executive to amend a passenger transport implementation program.\nThe 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.\n(sec.7-ssec.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.\n(sec.7-ssec.2) A passenger transport implementation program must include a statement of— the policies, projects and financial provisions for implementing the passenger transport strategies; and the performance targets to be achieved.\n(sec.7-ssec.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.\n(sec.7-ssec.4) In developing passenger transport implementation programs, the chief executive must take reasonable steps to engage in public consultation.\n(sec.7-ssec.5) A passenger transport implementation program must be made available to the public in a way decided by the Minister.\n(sec.7-ssec.6) The Minister may at any time direct the chief executive to amend a passenger transport implementation program.\n(sec.7-ssec.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.\n- (a) the policies, projects and financial provisions for implementing the passenger transport strategies; and\n- (b) the performance targets to be achieved.","sortOrder":4},{"sectionNumber":"sec.8","sectionType":"section","heading":"Consistency with passenger transport strategies","content":"### sec.8 Consistency with passenger transport strategies\n\nSubject to directions of the Minister, a passenger transport implementation program must be consistent with the passenger transport strategies.\nIf 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.\n(sec.8-ssec.1) Subject to directions of the Minister, a passenger transport implementation program must be consistent with the passenger transport strategies.\n(sec.8-ssec.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.","sortOrder":5},{"sectionNumber":"sec.9","sectionType":"section","heading":"Report on operation of passenger transport programs","content":"### sec.9 Report on operation of passenger transport programs\n\nEach 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.","sortOrder":6},{"sectionNumber":"ch.2-pt.3","sectionType":"part","heading":"Chief executive’s general accountabilities","content":"# Chief executive’s general accountabilities","sortOrder":7},{"sectionNumber":"sec.10","sectionType":"section","heading":"Obligations about public passenger transport","content":"### sec.10 Obligations about public passenger transport\n\nThe chief executive must ensure—\npublic passenger transport is developed in a way that—\ntakes into account best practice and national benchmarks; and\npromotes, within overall transport objectives, the safety of passengers; and\nencourages efficient, competitive and commercial behaviour in the provision of public passenger transport; and\nensures a strategic and integrated approach to the provision of public passenger transport; and\npromotes energy efficiency and reduces adverse environmental impact; and\npublic passenger transport operates to achieve—\nefficiency; and\ncost effectiveness; and\nthe highest quality and accessibility of services, and effective infrastructure, consistent with reasonable cost; and\nfunding provided by the State for public passenger transport is applied in an efficient, cost effective and equitable way.\nEach 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.\ns 10 amd 2009 No. 47 s 21\n(sec.10-ssec.1) The chief executive must ensure— public passenger transport is developed in a way that— takes into account best practice and national benchmarks; and promotes, within overall transport objectives, the safety of passengers; and encourages efficient, competitive and commercial behaviour in the provision of public passenger transport; and ensures a strategic and integrated approach to the provision of public passenger transport; and promotes energy efficiency and reduces adverse environmental impact; and public passenger transport operates to achieve— efficiency; and cost effectiveness; and the highest quality and accessibility of services, and effective infrastructure, consistent with reasonable cost; and funding provided by the State for public passenger transport is applied in an efficient, cost effective and equitable way.\n(sec.10-ssec.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.\n- (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\n- (i) takes into account best practice and national benchmarks; and\n- (ii) promotes, within overall transport objectives, the safety of passengers; and\n- (iii) encourages efficient, competitive and commercial behaviour in the provision of public passenger transport; and\n- (iv) ensures a strategic and integrated approach to the provision of public passenger transport; and\n- (v) promotes energy efficiency and reduces adverse environmental impact; and\n- (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\n- (i) efficiency; and\n- (ii) cost effectiveness; and\n- (iii) the highest quality and accessibility of services, and effective infrastructure, consistent with reasonable cost; and\n- (c) funding provided by the State for public passenger transport is applied in an efficient, cost effective and equitable way.\n- (i) takes into account best practice and national benchmarks; and\n- (ii) promotes, within overall transport objectives, the safety of passengers; and\n- (iii) encourages efficient, competitive and commercial behaviour in the provision of public passenger transport; and\n- (iv) ensures a strategic and integrated approach to the provision of public passenger transport; and\n- (v) promotes energy efficiency and reduces adverse environmental impact; and\n- (i) efficiency; and\n- (ii) cost effectiveness; and\n- (iii) the highest quality and accessibility of services, and effective infrastructure, consistent with reasonable cost; and","sortOrder":8},{"sectionNumber":"ch.4-pt.1","sectionType":"part","heading":"General","content":"# General","sortOrder":9},{"sectionNumber":"sec.23","sectionType":"section","heading":"Purpose of driver authorisation","content":"### sec.23 Purpose of driver authorisation\n\nThe purpose of driver authorisation is to maximise public confidence in public passenger services in relation to the drivers of public passenger vehicles.\nWithout limiting subsection (1) , the purpose includes ensuring that drivers of public passenger vehicles—\nare 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\nconduct themselves responsibly with passengers and the public; and\nare responsible in the act of driving and are capable of safely operating the relevant type of vehicle; and\nare aware of their customer service responsibilities; and\nare held accountable for complying with any prescribed requirements.\nWithout limiting subsection (1) or (2) , the purpose also includes ensuring that drivers do not damage the reputation of public passenger transport.\nIn 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—\nthe purpose of driver authorisation mentioned in subsections (1) to (3) ; and\nthe paramount principle mentioned in section 33A that children and other vulnerable members of the community must be protected.\ns 23 sub 2004 No. 9 s 12A\namd 2024 No. 2 s 36\n(sec.23-ssec.1) The purpose of driver authorisation is to maximise public confidence in public passenger services in relation to the drivers of public passenger vehicles.\n(sec.23-ssec.2) Without limiting subsection (1) , the purpose includes ensuring that drivers of public passenger vehicles— 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 conduct themselves responsibly with passengers and the public; and are responsible in the act of driving and are capable of safely operating the relevant type of vehicle; and are aware of their customer service responsibilities; and are held accountable for complying with any prescribed requirements.\n(sec.23-ssec.3) Without limiting subsection (1) or (2) , the purpose also includes ensuring that drivers do not damage the reputation of public passenger transport.\n(sec.23-ssec.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— the purpose of driver authorisation mentioned in subsections (1) to (3) ; and the paramount principle mentioned in section 33A that children and other vulnerable members of the community must be protected.\n- (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\n- (b) conduct themselves responsibly with passengers and the public; and\n- (c) are responsible in the act of driving and are capable of safely operating the relevant type of vehicle; and\n- (d) are aware of their customer service responsibilities; and\n- (e) are held accountable for complying with any prescribed requirements.\n- (a) the purpose of driver authorisation mentioned in subsections (1) to (3) ; and\n- (b) the paramount principle mentioned in section 33A that children and other vulnerable members of the community must be protected.","sortOrder":10},{"sectionNumber":"sec.24","sectionType":"section","heading":"What is driver authorisation","content":"### sec.24 What is driver authorisation\n\nDriver 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.\ns 24 sub 1997 No. 66 s 64\namd 2004 No. 9 s 13 ; 2011 No. 12 s 76 ; 2017 No. 18 s 6\nsub 2019 No. 24 s 120","sortOrder":11},{"sectionNumber":"sec.25","sectionType":"section","heading":null,"content":"### Section sec.25\n\ns 25 amd 1995 No. 32 s 23 sch\nom 1997 No. 66 s 64","sortOrder":12},{"sectionNumber":"sec.26","sectionType":"section","heading":"Requirements about driver authorisation","content":"### sec.26 Requirements about driver authorisation\n\nA regulation may prescribe requirements about driver authorisation.\nWithout limiting subsection (1) , a regulation may make provisions that—\nrelate to the applicant’s ability to drive safely a public passenger vehicle of the relevant category; and\ninclude requirements about the medical fitness of applicants for, and holders of, driver authorisation; and\nrequire compliance with the Anti-Discrimination Act 1991 ; and\nrelate to customer service; and\nrelate to the reliability of a public passenger service; and\nrequire compliance with another Act, or a provision of another Act, that would promote safety or customer service.\ns 26 amd 2000 No. 6 s 48 ; 2007 No. 6 s 37 ; 2012 No. 31 s 33 sch ; 2017 No. 18 s 7 ; 2017 No. 18 s 7\nsub 2024 No. 2 s 37\n(sec.26-ssec.1) A regulation may prescribe requirements about driver authorisation.\n(sec.26-ssec.2) Without limiting subsection (1) , a regulation may make provisions that— relate to the applicant’s ability to drive safely a public passenger vehicle of the relevant category; and include requirements about the medical fitness of applicants for, and holders of, driver authorisation; and require compliance with the Anti-Discrimination Act 1991 ; and relate to customer service; and relate to the reliability of a public passenger service; and require compliance with another Act, or a provision of another Act, that would promote safety or customer service.\n- (a) relate to the applicant’s ability to drive safely a public passenger vehicle of the relevant category; and\n- (b) include requirements about the medical fitness of applicants for, and holders of, driver authorisation; and\n- (c) require compliance with the Anti-Discrimination Act 1991 ; and\n- (d) relate to customer service; and\n- (e) relate to the reliability of a public passenger service; and\n- (f) require compliance with another Act, or a provision of another Act, that would promote safety or customer service.","sortOrder":13},{"sectionNumber":"sec.27","sectionType":"section","heading":"Driver must hold driver authorisation","content":"### sec.27 Driver must hold driver authorisation\n\nA person must not drive a vehicle to provide a public passenger service unless the person holds driver authorisation for the service.\nMaximum penalty—\nif the person does not hold driver authorisation—\nfor a first offence—100 penalty units; or\nfor a second or later offence—200 penalty units;\nSee sections 150B and 150C in relation to the application of the penalty for this subsection.\nif the person holds driver authorisation to provide a public passenger service other than the public passenger service provided by the person—20 penalty units.\nSubsection (1) does not apply to a person driving a vehicle to provide a public passenger service if the service is—\nnot provided on a road; or\nprovided using a light rail vehicle; or\nprescribed by regulation as a service to which this section does not apply.\ns 27 amd 2004 No. 9 s 13A\nsub 2017 No. 18 s 8 ; 2019 No. 24 s 121\n(sec.27-ssec.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— if the person does not hold driver authorisation— for a first offence—100 penalty units; or for a second or later offence—200 penalty units; See sections 150B and 150C in relation to the application of the penalty for this subsection. 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.\n(sec.27-ssec.2) Subsection (1) does not apply to a person driving a vehicle to provide a public passenger service if the service is— not provided on a road; or provided using a light rail vehicle; or prescribed by regulation as a service to which this section does not apply.\n- (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.\n- (i) for a first offence—100 penalty units; or\n- (ii) for a second or later offence—200 penalty units;\n- (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.\n- (i) for a first offence—100 penalty units; or\n- (ii) for a second or later offence—200 penalty units;\n- (a) not provided on a road; or\n- (b) provided using a light rail vehicle; or\n- (c) prescribed by regulation as a service to which this section does not apply.","sortOrder":14},{"sectionNumber":"sec.27A","sectionType":"section","heading":"Person must use drivers that hold driver authorisation","content":"### sec.27A Person must use drivers that hold driver authorisation\n\nA person must not provide a public passenger service unless the person uses a driver who holds driver authorisation for the service.\nMaximum penalty—\nif the driver does not hold driver authorisation—160 penalty units; or\nif the driver holds driver authorisation to provide a public passenger service other than the public passenger service provided by the driver—20 penalty units.\nFor subsection (1) , a person provides a public passenger service if the person—\nis an operator of the service; or\nfor a booked hire service—provides a booking service for the service.\nSubsection (1) does not apply to a person providing a public passenger service if the service is—\nnot provided on a road; or\nprovided using a light rail vehicle; or\nprescribed by regulation as a service to which this section does not apply.\ns 27A ins 2019 No. 24 s 121\n(sec.27A-ssec.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— if the driver does not hold driver authorisation—160 penalty units; or 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.\n(sec.27A-ssec.2) For subsection (1) , a person provides a public passenger service if the person— is an operator of the service; or for a booked hire service—provides a booking service for the service.\n(sec.27A-ssec.3) Subsection (1) does not apply to a person providing a public passenger service if the service is— not provided on a road; or provided using a light rail vehicle; or prescribed by regulation as a service to which this section does not apply.\n- (a) if the driver does not hold driver authorisation—160 penalty units; or\n- (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.\n- (a) is an operator of the service; or\n- (b) for a booked hire service—provides a booking service for the service.\n- (a) not provided on a road; or\n- (b) provided using a light rail vehicle; or\n- (c) prescribed by regulation as a service to which this section does not apply.","sortOrder":15},{"sectionNumber":"sec.28","sectionType":"section","heading":"Responsibility for system of driver authorisation","content":"### sec.28 Responsibility for system of driver authorisation\n\nThe chief executive is responsible for administering the scheme of driver authorisation.\nIf 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.\nMaximum penalty—160 penalty units.\n(sec.28-ssec.1) The chief executive is responsible for administering the scheme of driver authorisation.\n(sec.28-ssec.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.","sortOrder":16},{"sectionNumber":"sec.28A","sectionType":"section","heading":"Ineligibility for driver authorisation—category A driver disqualifying offences","content":"### sec.28A Ineligibility for driver authorisation—category A driver disqualifying offences\n\nA person is ineligible to apply for or hold driver authorisation if the person has been convicted of a category A driver disqualifying offence.\ns 28A ins 2004 No. 9 s 13B","sortOrder":17},{"sectionNumber":"sec.28B","sectionType":"section","heading":"Driver authorisation—category B driver disqualifying offences","content":"### sec.28B Driver authorisation—category B driver disqualifying offences\n\nThis 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.\nThe 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.\nA 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.\nThe chief executive must give the person a written notice about the exclusion action—\nidentifying the category B driver disqualifying offence of which the person has been convicted; and\nstating the requirements of subsection (7) ; and\ngiving the person an opportunity to make written representations about the category B driver disqualifying offence and the exclusion action within 28 days.\nSubsection (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 Check Act 2000 to the extent that any qualification under that Act applies to the serious offence or disqualifying offence.\nThe chief executive must ask the chief executive (employment screening) whether the chief executive (employment screening) considers an exceptional case exists.\nFor 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.\nAlso 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 Check Act 2000 that is not suspended under that Act.\nThe chief executive (employment screening) may give the chief executive the advice requested under subsection (4) .\nHowever, 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.\nWithout 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—\nmust take the advice of the chief executive (employment screening) into account; and\ncan 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.\nThe 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.\nNothing in this section limits action the chief executive may take under any other provision of this Act.\ns 28B ins 2004 No. 9 s 13B\namd 2005 No. 49 s 51 ; 2009 No. 47 s 21A ; 2011 No. 12 s 77 ; 2014 No. 28 s 105 sch 1 ; 2019 No. 18 s 86 (2) sch 2 ; 2023 No. 1 s 97 s ch 1 pt 2 ; 2024 No. 49 s 130 sch 4 pt 1\n(sec.28B-ssec.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.\n(sec.28B-ssec.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. 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.\n(sec.28B-ssec.3) The chief executive must give the person a written notice about the exclusion action— identifying the category B driver disqualifying offence of which the person has been convicted; and stating the requirements of subsection (7) ; and giving the person an opportunity to make written representations about the category B driver disqualifying offence and the exclusion action within 28 days.\n(sec.28B-ssec.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 Check Act 2000 to the extent that any qualification under that Act applies to the serious offence or disqualifying offence.\n(sec.28B-ssec.4) The chief executive must ask the chief executive (employment screening) whether the chief executive (employment screening) considers an exceptional case exists.\n(sec.28B-ssec.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.\n(sec.28B-ssec.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 Check Act 2000 that is not suspended under that Act.\n(sec.28B-ssec.5) The chief executive (employment screening) may give the chief executive the advice requested under subsection (4) .\n(sec.28B-ssec.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.\n(sec.28B-ssec.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— must take the advice of the chief executive (employment screening) into account; and 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.\n(sec.28B-ssec.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.\n(sec.28B-ssec.8) Nothing in this section limits action the chief executive may take under any other provision of this Act.\n- (a) identifying the category B driver disqualifying offence of which the person has been convicted; and\n- (b) stating the requirements of subsection (7) ; and\n- (c) giving the person an opportunity to make written representations about the category B driver disqualifying offence and the exclusion action within 28 days.\n- (a) must take the advice of the chief executive (employment screening) into account; and\n- (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.","sortOrder":18},{"sectionNumber":"sec.28C","sectionType":"section","heading":"Driver authorisation—category C driver disqualifying offences","content":"### sec.28C Driver authorisation—category C driver disqualifying offences\n\nThis 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.\nWithout 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 )—\nrefuse to grant driver authorisation to the person;\nrefuse to renew the person’s driver authorisation;\nsuspend or cancel the person’s driver authorisation.\nThe chief executive must give the person written notice of the proposed action.\nNothing in this section limits action the chief executive may take under any other provision of this Act.\ns 28C ins 2004 No. 9 s 13B\n(sec.28C-ssec.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.\n(sec.28C-ssec.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 )— refuse to grant driver authorisation to the person; refuse to renew the person’s driver authorisation; suspend or cancel the person’s driver authorisation.\n(sec.28C-ssec.3) The chief executive must give the person written notice of the proposed action.\n(sec.28C-ssec.4) Nothing in this section limits action the chief executive may take under any other provision of this Act.\n- (a) refuse to grant driver authorisation to the person;\n- (b) refuse to renew the person’s driver authorisation;\n- (c) suspend or cancel the person’s driver authorisation.","sortOrder":19},{"sectionNumber":"sec.29","sectionType":"section","heading":"Granting, renewing or refusing driver authorisation","content":"### sec.29 Granting, renewing or refusing driver authorisation\n\nA regulation may make provision about granting, renewing, or refusing to grant or renew, driver authorisation.\nWithout limiting subsection (1) , a regulation may authorise the chief executive—\nto impose a condition when granting driver authorisation to a person or renewing a person’s driver authorisation; or\nto refuse to grant driver authorisation to a person or to renew the person’s driver authorisation if the person—\nhas been convicted of a category C driver disqualifying offence; or\nhas been charged with a driver disqualifying offence and the charge has not been finally disposed of.\nAlso, without limiting subsection (1) , a regulation may provide for the following—\nan authorising document;\nan 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;\na PIN to be used by the holder of driver authorisation as a security measure to protect information stored electronically on an authorising document.\nFurther, without limiting subsections (1) to (3) , a regulation may provide that—\nan authorising document may include on it information about—\nthe kinds of public passenger services for which the holder of the authorisation is an authorised driver; or\nanother transport authority held by the person under a prescribed transport Act, if allowed under that Act; or\ninformation about driver authorisation may be included on another transport authority.\nSee also the Transport Planning and Coordination Act 1994 , section 36G for smartcard transport authorities.\nIn this section—\nprescribed transport Act means—\nthe Tow Truck Act 2023 ; or\nthe Transport Operations (Road Use Management) Act 1995 .\ntransport authority means—\na driver accreditation or an assistant accreditation under the Tow Truck Act 2023 ; or\na prescribed authority (other than a Queensland driver licence) under the Transport Operations (Road Use Management) Act 1995 .\ns 29 amd 2004 No. 9 s 13C ; 2008 No. 71 s 20 (amd 2010 No. 13 s 70 ); 2017 No. 18 s 9 ; 2023 No. 28 s 195\n(sec.29-ssec.1) A regulation may make provision about granting, renewing, or refusing to grant or renew, driver authorisation.\n(sec.29-ssec.2) Without limiting subsection (1) , a regulation may authorise the chief executive— to impose a condition when granting driver authorisation to a person or renewing a person’s driver authorisation; or to refuse to grant driver authorisation to a person or to renew the person’s driver authorisation if the person— has been convicted of a category C driver disqualifying offence; or has been charged with a driver disqualifying offence and the charge has not been finally disposed of.\n(sec.29-ssec.3) Also, without limiting subsection (1) , a regulation may provide for the following— an authorising document; 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; a PIN to be used by the holder of driver authorisation as a security measure to protect information stored electronically on an authorising document.\n(sec.29-ssec.4) Further, without limiting subsections (1) to (3) , a regulation may provide that— an authorising document may include on it information about— the kinds of public passenger services for which the holder of the authorisation is an authorised driver; or another transport authority held by the person under a prescribed transport Act, if allowed under that Act; or information about driver authorisation may be included on another transport authority. See also the Transport Planning and Coordination Act 1994 , section 36G for smartcard transport authorities.\n(sec.29-ssec.5) In this section— prescribed transport Act means— the Tow Truck Act 2023 ; or the Transport Operations (Road Use Management) Act 1995 . transport authority means— a driver accreditation or an assistant accreditation under the Tow Truck Act 2023 ; or a prescribed authority (other than a Queensland driver licence) under the Transport Operations (Road Use Management) Act 1995 .\n- (a) to impose a condition when granting driver authorisation to a person or renewing a person’s driver authorisation; or\n- (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.\n- (i) has been convicted of a category C driver disqualifying offence; or\n- (ii) has been charged with a driver disqualifying offence and the charge has not been finally disposed of.\n- (i) has been convicted of a category C driver disqualifying offence; or\n- (ii) has been charged with a driver disqualifying offence and the charge has not been finally disposed of.\n- (a) an authorising document;\n- (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;\n- (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.\n- (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\n- (i) the kinds of public passenger services for which the holder of the authorisation is an authorised driver; or\n- (ii) another transport authority held by the person under a prescribed transport Act, if allowed under that Act; or\n- (b) information about driver authorisation may be included on another transport authority.\n- (i) the kinds of public passenger services for which the holder of the authorisation is an authorised driver; or\n- (ii) another transport authority held by the person under a prescribed transport Act, if allowed under that Act; or\n- (a) the Tow Truck Act 2023 ; or\n- (b) the Transport Operations (Road Use Management) Act 1995 .\n- (a) a driver accreditation or an assistant accreditation under the Tow Truck Act 2023 ; or\n- (b) a prescribed authority (other than a Queensland driver licence) under the Transport Operations (Road Use Management) Act 1995 .","sortOrder":20},{"sectionNumber":"sec.29AA","sectionType":"section","heading":"Smartcard driver authorisation is property of the State","content":"### sec.29AA Smartcard driver authorisation is property of the State\n\nA smartcard driver authorisation is and remains the property of the State.\nSubsection (1) applies even though a person other than the State—\nhas the right to use information that is on the smartcard driver authorisation or stored electronically on it; or\nhas the right to have information stored on the smartcard driver authorisation.\nThe State is not legally liable for an act or omission relating to the keeping or use of the smartcard driver authorisation.\ns 29AA ins 2008 No. 71 s 20A (amd 2010 No. 13 s 71 )\n(sec.29AA-ssec.1) A smartcard driver authorisation is and remains the property of the State.\n(sec.29AA-ssec.2) Subsection (1) applies even though a person other than the State— has the right to use information that is on the smartcard driver authorisation or stored electronically on it; or has the right to have information stored on the smartcard driver authorisation.\n(sec.29AA-ssec.3) The State is not legally liable for an act or omission relating to the keeping or use of the smartcard driver authorisation.\n- (a) has the right to use information that is on the smartcard driver authorisation or stored electronically on it; or\n- (b) has the right to have information stored on the smartcard driver authorisation.","sortOrder":21},{"sectionNumber":"sec.29A","sectionType":"section","heading":"Restricted driver authorisation","content":"### sec.29A Restricted driver authorisation\n\nA 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.\nWithout limiting subsection (1) , a regulation may—\nlimit the persons to whom restricted driver authorisation may be granted; or\nexclude an operator from granting restricted driver authorisation; or\nprovide for restrictions applying to a driver under restricted driver authorisation.\ns 29A ins 2000 No. 6 s 49\namd 2017 No. 18 s 10\n(sec.29A-ssec.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.\n(sec.29A-ssec.2) Without limiting subsection (1) , a regulation may— limit the persons to whom restricted driver authorisation may be granted; or exclude an operator from granting restricted driver authorisation; or provide for restrictions applying to a driver under restricted driver authorisation.\n- (a) limit the persons to whom restricted driver authorisation may be granted; or\n- (b) exclude an operator from granting restricted driver authorisation; or\n- (c) provide for restrictions applying to a driver under restricted driver authorisation.","sortOrder":22},{"sectionNumber":"sec.30","sectionType":"section","heading":"Provisional driver authorisation","content":"### sec.30 Provisional driver authorisation\n\nA regulation may provide for granting, or refusing to grant, driver authorisation on a provisional basis, including provisional authorisation in an emergency.","sortOrder":23},{"sectionNumber":"sec.31","sectionType":"section","heading":"Applicant to notify charge for driver disqualifying offence etc.","content":"### sec.31 Applicant to notify charge for driver disqualifying offence etc.\n\nIf an applicant for driver authorisation is charged with a driver disqualifying offence, the applicant must immediately notify the chief executive under the regulations.\nMaximum penalty—100 penalty units.\nWhen the charge is dealt with, the applicant must immediately notify the chief executive under the regulations of the outcome of the charge.\nMaximum penalty—100 penalty units.\ns 31 amd 2004 No. 9 s 13D\n(sec.31-ssec.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.\n(sec.31-ssec.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.","sortOrder":24},{"sectionNumber":"sec.32","sectionType":"section","heading":"Amendment, suspension and cancellation of driver authorisations","content":"### sec.32 Amendment, suspension and cancellation of driver authorisations\n\nA regulation may make provision about amending, suspending or cancelling driver authorisations.\nWithout 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.\nWithout 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.\nWithout 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.\ns 32 amd 2004 No. 9 s 13E ; 2007 No. 6 s 38\n(sec.32-ssec.1) A regulation may make provision about amending, suspending or cancelling driver authorisations.\n(sec.32-ssec.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.\n(sec.32-ssec.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.\n(sec.32-ssec.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.","sortOrder":25},{"sectionNumber":"sec.33","sectionType":"section","heading":"Authorised driver must notify charge for driver disqualifying offence etc.","content":"### sec.33 Authorised driver must notify charge for driver disqualifying offence etc.\n\nAn authorised driver must immediately notify the chief executive under the regulations if the driver is charged with a driver disqualifying offence.\nMaximum penalty—100 penalty units.\nWhen the charge is dealt with, the authorised driver must immediately inform the chief executive under the regulations of the outcome of the charge.\nMaximum penalty—100 penalty units.\ns 33 amd 2004 No. 9 s 13F\n(sec.33-ssec.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.\n(sec.33-ssec.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.","sortOrder":26},{"sectionNumber":"sec.33A","sectionType":"section","heading":"Protection of children and vulnerable members of the community","content":"### sec.33A Protection of children and vulnerable members of the community\n\nThis section applies to the following when making decisions about driver authorisation—\nthe chief executive;\npersons constituting a review panel under the Transport Planning and Coordination Act 1994 ;\na court hearing an appeal against a decision about driver authorisation.\nIf, 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.\ns 33A ins 2004 No. 9 s 13G\n(sec.33A-ssec.1) This section applies to the following when making decisions about driver authorisation— the chief executive; persons constituting a review panel under the Transport Planning and Coordination Act 1994 ; a court hearing an appeal against a decision about driver authorisation.\n(sec.33A-ssec.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.\n- (a) the chief executive;\n- (b) persons constituting a review panel under the Transport Planning and Coordination Act 1994 ;\n- (c) a court hearing an appeal against a decision about driver authorisation.","sortOrder":27},{"sectionNumber":"sec.34","sectionType":"section","heading":"Authorised driver must notify suspension or cancellation of licence etc.","content":"### sec.34 Authorised driver must notify suspension or cancellation of licence etc.\n\nIf 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.\nMaximum penalty—100 penalty units.\ns 34 amd 2004 No. 9 s 13H","sortOrder":28},{"sectionNumber":"sec.34A","sectionType":"section","heading":"Authorised driver must notify damage, loss or theft of authorising document issued by chief executive","content":"### sec.34A Authorised driver must notify damage, loss or theft of authorising document issued by chief executive\n\nIf 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.\nMaximum penalty—20 penalty units.\nIn this section—\ndamaged , in relation to an authorising document—\nmeans—\nthe document is damaged to an extent that—\nany information on the document is impossible or difficult to read without the use of technology; or\na digital photo or a digitised signature on the document is impossible or difficult to recognise without the use of technology; or\nany information stored electronically on the document is no longer accessible by using the holder’s PIN; and\nincludes destroyed.\ns 34A ins 2008 No. 71 s 21 (amd 2010 No. 13 s 72 )\n(sec.34A-ssec.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.\n(sec.34A-ssec.2) In this section— damaged , in relation to an authorising document— means— the document is damaged to an extent that— any information on the document is impossible or difficult to read without the use of technology; or a digital photo or a digitised signature on the document is impossible or difficult to recognise without the use of technology; or any information stored electronically on the document is no longer accessible by using the holder’s PIN; and includes destroyed.\n- (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\n- (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\n- (A) any information on the document is impossible or difficult to read without the use of technology; or\n- (B) a digital photo or a digitised signature on the document is impossible or difficult to recognise without the use of technology; or\n- (ii) any information stored electronically on the document is no longer accessible by using the holder’s PIN; and\n- (b) includes destroyed.\n- (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\n- (A) any information on the document is impossible or difficult to read without the use of technology; or\n- (B) a digital photo or a digitised signature on the document is impossible or difficult to recognise without the use of technology; or\n- (ii) any information stored electronically on the document is no longer accessible by using the holder’s PIN; and\n- (A) any information on the document is impossible or difficult to read without the use of technology; or\n- (B) a digital photo or a digitised signature on the document is impossible or difficult to recognise without the use of technology; or","sortOrder":29},{"sectionNumber":"sec.35","sectionType":"section","heading":"Driver’s obligation to notify of suspension or cancellation of licence etc.","content":"### sec.35 Driver’s obligation to notify of suspension or cancellation of licence etc.\n\nThis section applies to a person who is an authorised driver and who drives a vehicle to provide a public passenger service if—\nthe person is not the operator of the service; or\nfor a booked hire service—another person provides booking services for the service.\nThe person must immediately give written notice to the operator or other person if—\na 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\nif 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.\nMaximum penalty—100 penalty units.\ns 35 amd 2004 No. 9 s 13I\nsub 2017 No. 18 s 11\n(sec.35-ssec.1) This section applies to a person who is an authorised driver and who drives a vehicle to provide a public passenger service if— the person is not the operator of the service; or for a booked hire service—another person provides booking services for the service.\n(sec.35-ssec.2) The person must immediately give written notice to the operator or other person if— 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 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.\n- (a) the person is not the operator of the service; or\n- (b) for a booked hire service—another person provides booking services for the service.\n- (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\n- (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.","sortOrder":30},{"sectionNumber":"ch.4-pt.2","sectionType":"part","heading":null,"content":"","sortOrder":31},{"sectionNumber":"sec.35A","sectionType":"section","heading":null,"content":"### Section sec.35A\n\ns 35A ins 2008 No. 71 s 22 (amd 2010 No. 13 s 73 (1) )\nom 2015 No. 14 s 32","sortOrder":32},{"sectionNumber":"sec.35AA","sectionType":"section","heading":null,"content":"### Section sec.35AA\n\ns 35AA ins 2008 No. 71 s 22 (amd 2010 No. 13 s 73 (1) )\nom 2015 No. 14 s 32","sortOrder":33},{"sectionNumber":"sec.35B","sectionType":"section","heading":null,"content":"### Section sec.35B\n\ns 35B ins 2008 No. 71 s 22 (amd 2010 No. 13 s 73 (1) )\nom 2015 No. 14 s 32","sortOrder":34},{"sectionNumber":"sec.35C","sectionType":"section","heading":null,"content":"### Section sec.35C\n\ns 35C ins 2008 No. 71 s 22 (amd 2010 No. 13 s 73 (2) )\nom 2015 No. 14 s 32","sortOrder":35},{"sectionNumber":"sec.35D","sectionType":"section","heading":null,"content":"### Section sec.35D\n\ns 35D ins 2008 No. 71 s 22\nom 2015 No. 14 s 32","sortOrder":36},{"sectionNumber":"sec.35E","sectionType":"section","heading":null,"content":"### Section sec.35E\n\ns 35E ins 2008 No. 71 s 22 (amd 2010 No. 13 s 73 (3) )\nom 2015 No. 14 s 32","sortOrder":37},{"sectionNumber":"sec.35F","sectionType":"section","heading":null,"content":"### Section sec.35F\n\ns 35F ins 2008 No. 71 s 22 (amd 2010 No. 13 s 73 (4) )\nom 2015 No. 14 s 32","sortOrder":38},{"sectionNumber":"sec.35G","sectionType":"section","heading":null,"content":"### Section sec.35G\n\ns 35G ins 2008 No. 71 s 22\nom 2015 No. 14 s 32","sortOrder":39},{"sectionNumber":"ch.4-pt.3","sectionType":"part","heading":"Restricted release of information about driver authorisation","content":"# Restricted release of information about driver authorisation","sortOrder":40},{"sectionNumber":"sec.35H","sectionType":"section","heading":"Restricted written release of information","content":"### sec.35H Restricted written release of information\n\nThe chief executive may release, in writing, information kept under this Act about a person’s driver authorisation to—\non receiving an application in the approved form—\nthe person; or\nwith the person’s written consent—another person; or\nthe commissioner of the police service for the purpose of any function of the commissioner or any function of the police service.\nAlso, the chief executive may release, in writing, to an entity information kept under this Act about a person’s driver authorisation if—\nthe person produces the person’s authorising document to the entity as proof of the person’s identity; and\nthe entity applies in the approved form for the information; and\nthe information is necessary to verify the validity of the driver authorisation.\nAn application mentioned in subsection (1) (a) or (2) (b) may be made electronically.\ns 35H ins 2008 No. 71 s 22 (amd 2010 No. 13 s 73 (5) )\namd 2011 No. 12 s 78 ; 2015 No. 14 s 33 ; 2017 No. 18 s 12\n(sec.35H-ssec.1) The chief executive may release, in writing, information kept under this Act about a person’s driver authorisation to— on receiving an application in the approved form— the person; or with the person’s written consent—another person; or the commissioner of the police service for the purpose of any function of the commissioner or any function of the police service.\n(sec.35H-ssec.2) Also, the chief executive may release, in writing, to an entity information kept under this Act about a person’s driver authorisation if— the person produces the person’s authorising document to the entity as proof of the person’s identity; and the entity applies in the approved form for the information; and the information is necessary to verify the validity of the driver authorisation.\n(sec.35H-ssec.3) An application mentioned in subsection (1) (a) or (2) (b) may be made electronically.\n- (a) on receiving an application in the approved form— (i) the person; or (ii) with the person’s written consent—another person; or\n- (i) the person; or\n- (ii) with the person’s written consent—another person; or\n- (b) the commissioner of the police service for the purpose of any function of the commissioner or any function of the police service.\n- (i) the person; or\n- (ii) with the person’s written consent—another person; or\n- (a) the person produces the person’s authorising document to the entity as proof of the person’s identity; and\n- (b) the entity applies in the approved form for the information; and\n- (c) the information is necessary to verify the validity of the driver authorisation.","sortOrder":41},{"sectionNumber":"sec.35I","sectionType":"section","heading":"Restricted oral release of particular information","content":"### sec.35I Restricted oral release of particular information\n\nThe chief executive may orally release, to a person, information kept under this Act about the person’s driver authorisation.\nHowever, subsection (1) applies only if the chief executive is satisfied that the person is the person to whom the information relates.\nThe 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.\ns 35I ins 2011 No. 12 s 79\n(sec.35I-ssec.1) The chief executive may orally release, to a person, information kept under this Act about the person’s driver authorisation.\n(sec.35I-ssec.2) However, subsection (1) applies only if the chief executive is satisfied that the person is the person to whom the information relates. 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.","sortOrder":42},{"sectionNumber":"ch.6-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":43},{"sectionNumber":"ch.6-pt.1-div.1","sectionType":"division","heading":"Application of service contracts","content":"## Application of service contracts","sortOrder":44},{"sectionNumber":"sec.37","sectionType":"section","heading":"Purpose of service contracts","content":"### sec.37 Purpose of service contracts\n\nThe 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.\ns 37 amd 1997 No. 66 s 65","sortOrder":45},{"sectionNumber":"sec.38","sectionType":"section","heading":"What are service contracts","content":"### sec.38 What are service contracts\n\nA 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.\nIf—\na regulation has been made under section 36 (Market entry restrictions) for a public passenger service; and\nthe 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;\na service contract may provide the operator with the exclusive right to operate the public passenger service for the area or route.\n(sec.38-ssec.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.\n(sec.38-ssec.2) If— a regulation has been made under section 36 (Market entry restrictions) for a public passenger service; and 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.\n- (a) a regulation has been made under section 36 (Market entry restrictions) for a public passenger service; and\n- (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;","sortOrder":46},{"sectionNumber":"sec.38A","sectionType":"section","heading":null,"content":"### Section sec.38A\n\ns 38A ins 1997 No. 66 s 66\nom 2002 No. 15 s 45","sortOrder":47},{"sectionNumber":"sec.38B","sectionType":"section","heading":"Chief executive may enter into service contracts","content":"### sec.38B Chief executive may enter into service contracts\n\nThe chief executive may, for the State, enter into a service contract.\ns 38B ins 1997 No. 66 s 66\namd 2002 No. 15 s 46","sortOrder":48},{"sectionNumber":"sec.39","sectionType":"section","heading":"Scope of service contracts","content":"### sec.39 Scope of service contracts\n\nThe categories of public passenger service for which service contracts may be required are—\nscheduled passenger services; and\nferry services; and\nanother category of public passenger services prescribed by regulation.\ns 39 amd 2000 No. 6 s 50 ; 2008 No. 32 s 71 ; 2017 No. 18 s 15\n- (a) scheduled passenger services; and\n- (b) ferry services; and\n- (c) another category of public passenger services prescribed by regulation.","sortOrder":49},{"sectionNumber":"sec.40","sectionType":"section","heading":"Service contracts to include minimum service levels","content":"### sec.40 Service contracts to include minimum service levels\n\nA service contract must state minimum service levels to be complied with by the holder.\nMinimum service levels for a particular public passenger service must specify—\nthe periods when the public passenger service is to be provided; and\nthe nature, frequency and extent of the public passenger service during the periods or particular parts of the periods.\nMinimum service levels must have regard to—\nthe needs of the community for whose benefit the service is provided; and\nservice levels in comparable communities, whether in Queensland, elsewhere in Australia or in a foreign country; and\nthe cost of service provision.\ns 40 amd 1997 No. 66 s 67\n(sec.40-ssec.1) A service contract must state minimum service levels to be complied with by the holder.\n(sec.40-ssec.2) Minimum service levels for a particular public passenger service must specify— the periods when the public passenger service is to be provided; and the nature, frequency and extent of the public passenger service during the periods or particular parts of the periods.\n(sec.40-ssec.3) Minimum service levels must have regard to— the needs of the community for whose benefit the service is provided; and service levels in comparable communities, whether in Queensland, elsewhere in Australia or in a foreign country; and the cost of service provision.\n- (a) the periods when the public passenger service is to be provided; and\n- (b) the nature, frequency and extent of the public passenger service during the periods or particular parts of the periods.\n- (a) the needs of the community for whose benefit the service is provided; and\n- (b) service levels in comparable communities, whether in Queensland, elsewhere in Australia or in a foreign country; and\n- (c) the cost of service provision.","sortOrder":50},{"sectionNumber":"sec.41","sectionType":"section","heading":"Other matters to be included in service contracts","content":"### sec.41 Other matters to be included in service contracts\n\nA service contract may—\nestablish performance outcomes for frequency, regularity, punctuality and accessibility; and\nestablish performance outcomes for customer information and service; and\nestablish principles for fare setting; and\nestablish principles for fare collection; and\nestablish performance levels for the quality and type of public passenger vehicles; and\nestablish criteria for government payments under the contract; and\nrequire the holder to charge fares decided by the chief executive; and\nrequire the holder to provide or fund infrastructure associated with providing the public passenger service; and\nrequire the holder to have or develop a business plan outlining how the performance levels are to be achieved; and\nrequire the holder to establish a management information system to monitor, record and report periodically on performance; and\nrequire the holder to provide the chief executive with information the chief executive may require; and\nestablish performance outcomes for other aspects of the way the holder provides the public passenger service or carries on business; and\nrequire the holder to provide improved levels of productivity; and\nprovide 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\ninclude other terms required by the chief executive.\nThe chief executive—\nis obliged under a service contract to act in a reasonable way to facilitate the contract’s operation; and\nhas the other obligations stated in the contract.\ns 41 amd 1997 No. 66 s 68 ; 2002 No. 15 s 47 ; 2014 No. 43 s 59\n(sec.41-ssec.1) A service contract may— establish performance outcomes for frequency, regularity, punctuality and accessibility; and establish performance outcomes for customer information and service; and establish principles for fare setting; and establish principles for fare collection; and establish performance levels for the quality and type of public passenger vehicles; and establish criteria for government payments under the contract; and require the holder to charge fares decided by the chief executive; and require the holder to provide or fund infrastructure associated with providing the public passenger service; and require the holder to have or develop a business plan outlining how the performance levels are to be achieved; and require the holder to establish a management information system to monitor, record and report periodically on performance; and require the holder to provide the chief executive with information the chief executive may require; and establish performance outcomes for other aspects of the way the holder provides the public passenger service or carries on business; and require the holder to provide improved levels of productivity; and 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 include other terms required by the chief executive.\n(sec.41-ssec.2) The chief executive— is obliged under a service contract to act in a reasonable way to facilitate the contract’s operation; and has the other obligations stated in the contract.\n- (a) establish performance outcomes for frequency, regularity, punctuality and accessibility; and\n- (b) establish performance outcomes for customer information and service; and\n- (c) establish principles for fare setting; and\n- (ca) establish principles for fare collection; and\n- (d) establish performance levels for the quality and type of public passenger vehicles; and\n- (e) establish criteria for government payments under the contract; and\n- (ea) require the holder to charge fares decided by the chief executive; and\n- (f) require the holder to provide or fund infrastructure associated with providing the public passenger service; and\n- (g) require the holder to have or develop a business plan outlining how the performance levels are to be achieved; and\n- (h) require the holder to establish a management information system to monitor, record and report periodically on performance; and\n- (i) require the holder to provide the chief executive with information the chief executive may require; and\n- (j) establish performance outcomes for other aspects of the way the holder provides the public passenger service or carries on business; and\n- (ja) require the holder to provide improved levels of productivity; and\n- (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\n- (l) include other terms required by the chief executive.\n- (a) is obliged under a service contract to act in a reasonable way to facilitate the contract’s operation; and\n- (b) has the other obligations stated in the contract.","sortOrder":51},{"sectionNumber":"ch.6-pt.1-div.2","sectionType":"division","heading":"Requirement for service contracts","content":"## Requirement for service contracts","sortOrder":52},{"sectionNumber":"sec.42","sectionType":"section","heading":"Declaration that service contracts are required","content":"### sec.42 Declaration that service contracts are required\n\nThis section applies to a public passenger service to which a regulation under section 36 applies.\nThe 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.\nIn 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.\nBefore deciding to make a declaration under subsection (2) , the chief executive must—\ngive 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\nallow the operators at least 28 days to make written submissions to the chief executive, about the proposed declaration; and\nconsider any submissions made under paragraph (b) .\ns 42 amd 1995 No. 48 s 12 sch ; 2008 No. 32 s 72 ; 2010 No. 13 s 114 sch pt 1 ; 2014 No. 43 s 60\n(sec.42-ssec.1) This section applies to a public passenger service to which a regulation under section 36 applies.\n(sec.42-ssec.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.\n(sec.42-ssec.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.\n(sec.42-ssec.4) Before deciding to make a declaration under subsection (2) , the chief executive must— 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 allow the operators at least 28 days to make written submissions to the chief executive, about the proposed declaration; and consider any submissions made under paragraph (b) .\n- (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\n- (b) allow the operators at least 28 days to make written submissions to the chief executive, about the proposed declaration; and\n- (c) consider any submissions made under paragraph (b) .","sortOrder":53},{"sectionNumber":"sec.42A","sectionType":"section","heading":"Other declarations that service contracts are required","content":"### sec.42A Other declarations that service contracts are required\n\nA 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.\ns 42A ins 2000 No. 6 s 51\namd 2008 No. 31 s 72 sch","sortOrder":54},{"sectionNumber":"sec.42B","sectionType":"section","heading":"Amendment of service contract area or route","content":"### sec.42B Amendment of service contract area or route\n\nThe 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 .\nHowever, the amendment may be made only if the chief executive is satisfied the amendment is necessary—\nto extend the service into developing areas; or\nbecause of changed traffic conditions; or\nfor public safety; or\nto improve the service in the public interest.\nThe notice must fix the day on which the amendment takes effect.\nBefore deciding to make the amendment, the chief executive must—\ngive written notice of the proposed amendment to each affected operator; and\nallow each affected operator at least 28 days to make written submissions to the chief executive about the proposed amendment; and\nconsider any submissions made under paragraph (b) .\nIn this section—\naffected operator means—\neach holder of a service contract for the service contract area or route whose interests are materially affected by the proposed amendment; and\nif 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.\ns 42B ins 2008 No. 32 s 73\namd 2014 No. 43 s 61\n(sec.42B-ssec.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 .\n(sec.42B-ssec.2) However, the amendment may be made only if the chief executive is satisfied the amendment is necessary— to extend the service into developing areas; or because of changed traffic conditions; or for public safety; or to improve the service in the public interest.\n(sec.42B-ssec.3) The notice must fix the day on which the amendment takes effect.\n(sec.42B-ssec.4) Before deciding to make the amendment, the chief executive must— give written notice of the proposed amendment to each affected operator; and allow each affected operator at least 28 days to make written submissions to the chief executive about the proposed amendment; and consider any submissions made under paragraph (b) .\n(sec.42B-ssec.5) In this section— affected operator means— each holder of a service contract for the service contract area or route whose interests are materially affected by the proposed amendment; and 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.\n- (a) to extend the service into developing areas; or\n- (b) because of changed traffic conditions; or\n- (c) for public safety; or\n- (d) to improve the service in the public interest.\n- (a) give written notice of the proposed amendment to each affected operator; and\n- (b) allow each affected operator at least 28 days to make written submissions to the chief executive about the proposed amendment; and\n- (c) consider any submissions made under paragraph (b) .\n- (a) each holder of a service contract for the service contract area or route whose interests are materially affected by the proposed amendment; and\n- (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.","sortOrder":55},{"sectionNumber":"sec.43","sectionType":"section","heading":"Obligation to hold service contracts","content":"### sec.43 Obligation to hold service contracts\n\nA 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—\na service contract; or\na written agreement with the chief executive; or\nwith the chief executive’s approval, a written agreement with the holder of a service contract.\nMaximum penalty—\nif 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\nif the service contract area or route is in the integrated mass transit area—160 penalty units; or\nin any other case—30 penalty units.\nFor 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—\nthe 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—\nrefused the invitation; or\nmakes an offer that, in the chief executive’s opinion, is not appropriate for the public passenger service; or\ndid not respond to the invitation within the time allowed for a response to it; or\nthe public passenger service is not a service of a kind to which an existing service contract applies.\nA 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.\nMaximum penalty—30 penalty units.\ns 43 amd 1997 No. 66 s 69 ; 2000 No. 6 s 52 ; 2004 No. 9 s 14 ; 2005 No. 49 s 52 ; 2008 No. 32 s 74 ; 2012 No. 31 s 5\n(sec.43-ssec.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 service contract; or a written agreement with the chief executive; or with the chief executive’s approval, a written agreement with the holder of a service contract. Maximum penalty— 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 if the service contract area or route is in the integrated mass transit area—160 penalty units; or in any other case—30 penalty units.\n(sec.43-ssec.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— 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— refused the invitation; or makes an offer that, in the chief executive’s opinion, is not appropriate for the public passenger service; or did not respond to the invitation within the time allowed for a response to it; or the public passenger service is not a service of a kind to which an existing service contract applies.\n(sec.43-ssec.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.\n- (a) a service contract; or\n- (b) a written agreement with the chief executive; or\n- (c) with the chief executive’s approval, a written agreement with the holder of a service contract.\n- (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\n- (b) if the service contract area or route is in the integrated mass transit area—160 penalty units; or\n- (c) in any other case—30 penalty units.\n- (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\n- (i) refused the invitation; or\n- (ii) makes an offer that, in the chief executive’s opinion, is not appropriate for the public passenger service; or\n- (iii) did not respond to the invitation within the time allowed for a response to it; or\n- (b) the public passenger service is not a service of a kind to which an existing service contract applies.\n- (i) refused the invitation; or\n- (ii) makes an offer that, in the chief executive’s opinion, is not appropriate for the public passenger service; or\n- (iii) did not respond to the invitation within the time allowed for a response to it; or","sortOrder":56},{"sectionNumber":"ch.6-pt.1-div.3","sectionType":"division","heading":"Administrative provisions","content":"## Administrative provisions","sortOrder":57},{"sectionNumber":"sec.44","sectionType":"section","heading":"Term of service contracts","content":"### sec.44 Term of service contracts\n\nA service contract is for a term of not more than 7 years.\nSubsection (1) is also subject to sections 47 and 47A .\ns 44 amd 1997 No. 66 s 70 ; 2000 No. 6 s 53 ; 2002 No. 15 s 48\n(sec.44-ssec.1) A service contract is for a term of not more than 7 years.\n(sec.44-ssec.2) Subsection (1) is also subject to sections 47 and 47A .","sortOrder":58},{"sectionNumber":"sec.45","sectionType":"section","heading":"Conditions of service contracts","content":"### sec.45 Conditions of service contracts\n\nA service contract is subject to conditions agreed by the parties.\nA service contract may provide for payment, by the holder, of an amount to the chief executive for a breach of a key performance indicator.\nThe payment can not be more than the equivalent of 40 penalty units.\nThe payment is payable on demand by the chief executive and may be recovered as a debt payable to the chief executive.\nThis 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.\nIn this section—\nkey performance indicator , for a service contract, means a term of the service contract identified in the contract as a key performance indicator.\ns 45 amd 2002 No. 15 s 49 ; 2007 No. 43 s 17\n(sec.45-ssec.1) A service contract is subject to conditions agreed by the parties.\n(sec.45-ssec.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.\n(sec.45-ssec.3) The payment can not be more than the equivalent of 40 penalty units.\n(sec.45-ssec.4) The payment is payable on demand by the chief executive and may be recovered as a debt payable to the chief executive.\n(sec.45-ssec.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.\n(sec.45-ssec.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.","sortOrder":59},{"sectionNumber":"sec.46","sectionType":"section","heading":"Review of holder’s performance","content":"### sec.46 Review of holder’s performance\n\nThis section does not apply to a prescribed school service contract or a ferry service contract.\nSubsections (4) to (7) do not apply to an integrated mass transit service contract.\nThe chief executive may arrange for reviews of a holder’s performance under a service contract.\nHowever, 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 ).\nA service contract may also be reviewed at another time if the parties agree.\nEach 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.\nThe chief executive may make, and distribute to holders, guidelines to which operators must have regard in conducting assessments under subsection (4) .\nThe chief executive must take into account any relevant research done by the holder.\nIf, on a review, it is shown that the holder—\nhas taken all reasonable steps to fulfil the contract and actively promoted the use of public passenger transport; but\nhas not achieved the patronage levels agreed to by the chief executive and the holder;\nthe chief executive may review the holder’s minimum service levels or work with the holder to achieve increased patronage.\nOn 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.\nIf, after a review, the chief executive is of the opinion the holder’s performance has been inadequate in a significant respect, the chief executive—\nmust notify the holder of the inadequacy; and\nmay require the holder to take specified steps to remedy the inadequacy.\nIf 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.\nCompensation 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) .\ns 46 amd 1997 No. 66 s 71 ; 2000 No. 6 s 54 ; 2000 No. 46 s 3 sch ; 2002 No. 15 s 50 ; 2004 No. 9 s 15 ; 2008 No. 32 s 75 ; 2012 No. 31 s 33 sch\n(sec.46-ssec.1A) This section does not apply to a prescribed school service contract or a ferry service contract.\n(sec.46-ssec.1B) Subsections (4) to (7) do not apply to an integrated mass transit service contract.\n(sec.46-ssec.1) The chief executive may arrange for reviews of a holder’s performance under a service contract.\n(sec.46-ssec.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 ).\n(sec.46-ssec.3) A service contract may also be reviewed at another time if the parties agree.\n(sec.46-ssec.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.\n(sec.46-ssec.5) The chief executive may make, and distribute to holders, guidelines to which operators must have regard in conducting assessments under subsection (4) .\n(sec.46-ssec.6) The chief executive must take into account any relevant research done by the holder.\n(sec.46-ssec.7) If, on a review, it is shown that the holder— has taken all reasonable steps to fulfil the contract and actively promoted the use of public passenger transport; but 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.\n(sec.46-ssec.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.\n(sec.46-ssec.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— must notify the holder of the inadequacy; and may require the holder to take specified steps to remedy the inadequacy.\n(sec.46-ssec.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.\n(sec.46-ssec.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) .\n- (a) has taken all reasonable steps to fulfil the contract and actively promoted the use of public passenger transport; but\n- (b) has not achieved the patronage levels agreed to by the chief executive and the holder;\n- (a) must notify the holder of the inadequacy; and\n- (b) may require the holder to take specified steps to remedy the inadequacy.","sortOrder":60},{"sectionNumber":"sec.47","sectionType":"section","heading":"Amendment, suspension or cancellation of service contracts for breach of service contracts","content":"### sec.47 Amendment, suspension or cancellation of service contracts for breach of service contracts\n\nThe chief executive may, by notice given to a holder, amend, suspend or cancel the holder’s service contract if—\nthe holder contravenes a condition of the contract; or\nthe chief executive reasonably believes a contravention of the contract by the holder is imminent.\nHowever, 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.\nBefore 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.\nThe 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.\nA 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) .\nCompensation 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.\nA court may order the payment of compensation only if it is satisfied—\nthere were no reasonable grounds for believing that the holder was unable to provide any or all of the services required under the contract; and\nit is just to make the order in the circumstances of the particular case.\nA regulation may prescribe matters that may, or must, be taken into account by the court when considering whether it is just to order compensation.\nSubsection (4) has effect to the exclusion of any other remedy.\nThe 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 .\ns 47 amd 2002 No. 15 s 51 ; 2007 No. 43 s 18\n(sec.47-ssec.1) The chief executive may, by notice given to a holder, amend, suspend or cancel the holder’s service contract if— the holder contravenes a condition of the contract; or the chief executive reasonably believes a contravention of the contract by the holder is imminent.\n(sec.47-ssec.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.\n(sec.47-ssec.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.\n(sec.47-ssec.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.\n(sec.47-ssec.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) .\n(sec.47-ssec.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.\n(sec.47-ssec.6) A court may order the payment of compensation only if it is satisfied— 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 it is just to make the order in the circumstances of the particular case.\n(sec.47-ssec.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.\n(sec.47-ssec.8) Subsection (4) has effect to the exclusion of any other remedy.\n(sec.47-ssec.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 .\n- (a) the holder contravenes a condition of the contract; or\n- (b) the chief executive reasonably believes a contravention of the contract by the holder is imminent.\n- (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\n- (b) it is just to make the order in the circumstances of the particular case.","sortOrder":61},{"sectionNumber":"sec.47A","sectionType":"section","heading":"Renewal of service contracts","content":"### sec.47A Renewal of service contracts\n\nDespite 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.\nHowever, the option for renewal may not be exercised if the chief executive has given the holder a notice under subsection (3) .\nThe 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.\nThis section does not limit sections 62 and 62AAD .\ns 47A ins 2002 No. 15 s 52\namd 2004 No. 9 s 10 sch\n(sec.47A-ssec.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.\n(sec.47A-ssec.2) However, the option for renewal may not be exercised if the chief executive has given the holder a notice under subsection (3) .\n(sec.47A-ssec.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.\n(sec.47A-ssec.4) This section does not limit sections 62 and 62AAD .","sortOrder":62},{"sectionNumber":"sec.48","sectionType":"section","heading":"Transfer or surrender of service contracts etc.","content":"### sec.48 Transfer or surrender of service contracts etc.\n\nThe holder of a service contract may, with the chief executive’s approval—\ntransfer to another person all the holder’s rights and liabilities in relation to providing future services under the contract; or\nif 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\nsurrender the contract.\nOn the transfer of rights and liabilities under subsection (1) , for all purposes of this Act—\nthe 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\nthe transferor becomes the holder of a new service contract for the balance of the original rights and liabilities under the contract.\nIf 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 .\ns 48 amd 1997 No. 66 s 73\nsub 2000 No. 6 s 55\n(sec.48-ssec.1) The holder of a service contract may, with the chief executive’s approval— transfer to another person all the holder’s rights and liabilities in relation to providing future services under the contract; or 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 surrender the contract.\n(sec.48-ssec.2) On the transfer of rights and liabilities under subsection (1) , for all purposes of this Act— 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 the transferor becomes the holder of a new service contract for the balance of the original rights and liabilities under the contract. 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 .\n- (a) transfer to another person all the holder’s rights and liabilities in relation to providing future services under the contract; or\n- (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\n- (c) surrender the contract.\n- (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\n- (b) the transferor becomes the holder of a new service contract for the balance of the original rights and liabilities under the contract.","sortOrder":63},{"sectionNumber":"ch.6-pt.1-div.4","sectionType":"division","heading":"Emergency service contracts","content":"## Emergency service contracts","sortOrder":64},{"sectionNumber":"sec.48A","sectionType":"section","heading":"Chief executive may enter into emergency service contract","content":"### sec.48A Chief executive may enter into emergency service contract\n\nThe chief executive may enter into a service contract if the chief executive is satisfied the contract is necessary as a matter of urgency—\nto establish a public passenger service; or\nto ensure the continuity of a public passenger service; or\nto provide a public passenger service in an interim period while another service contract for the service is being offered or negotiated.\ns 48A ins 2002 No. 15 s 53\n- (a) to establish a public passenger service; or\n- (b) to ensure the continuity of a public passenger service; or\n- (c) to provide a public passenger service in an interim period while another service contract for the service is being offered or negotiated.","sortOrder":65},{"sectionNumber":"sec.48B","sectionType":"section","heading":"Entering into an emergency service contract","content":"### sec.48B Entering into an emergency service contract\n\nThe chief executive may—\ninvite offers from the public or operators, in whatever way the chief executive considers appropriate, for an emergency service contract; and\ndecide the period within which offers must be made.\nDespite 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.\ns 48B ins 2002 No. 15 s 53\n(sec.48B-ssec.1) The chief executive may— invite offers from the public or operators, in whatever way the chief executive considers appropriate, for an emergency service contract; and decide the period within which offers must be made.\n(sec.48B-ssec.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.\n- (a) invite offers from the public or operators, in whatever way the chief executive considers appropriate, for an emergency service contract; and\n- (b) decide the period within which offers must be made.","sortOrder":66},{"sectionNumber":"sec.48C","sectionType":"section","heading":"Term of emergency service contract","content":"### sec.48C Term of emergency service contract\n\nAn emergency service contract is, despite section 44 (1) , for the term of not more than 2 years decided by the chief executive.\nHowever, 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.\ns 48C ins 2002 No. 15 s 53\namd 2012 No. 31 s 6\n(sec.48C-ssec.1) An emergency service contract is, despite section 44 (1) , for the term of not more than 2 years decided by the chief executive.\n(sec.48C-ssec.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.","sortOrder":67},{"sectionNumber":"ch.6-pt.2","sectionType":"part","heading":"Scheduled passenger services","content":"# Scheduled passenger services","sortOrder":68},{"sectionNumber":"ch.6-pt.2-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":69},{"sectionNumber":"sec.49","sectionType":"section","heading":"Application of part","content":"### sec.49 Application of part\n\nThis part applies only to scheduled passenger services.","sortOrder":70},{"sectionNumber":"sec.50","sectionType":"section","heading":null,"content":"### Section sec.50\n\ns 50 amd 1997 No. 66 s 74\nom 2002 No. 15 s 54","sortOrder":71},{"sectionNumber":"sec.51","sectionType":"section","heading":"Concessions under a service contract","content":"### sec.51 Concessions under a service contract\n\nA service contract may require the holder to provide a concession to a class of persons.\nIf—\na standard service contract requires the holder to provide a concession to a class of persons; and\nsubsection (3) does not apply;\nthe contract must provide for the State to reimburse the holder for the concession.\nIf 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.\ns 51 amd 1997 No. 66 s 75 ; 2004 No. 9 s 16 ; 2012 No. 31 s 33 sch\nsub 2014 No. 43 s 62\n(sec.51-ssec.1) A service contract may require the holder to provide a concession to a class of persons.\n(sec.51-ssec.2) If— a standard service contract requires the holder to provide a concession to a class of persons; and subsection (3) does not apply; the contract must provide for the State to reimburse the holder for the concession.\n(sec.51-ssec.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.\n- (a) a standard service contract requires the holder to provide a concession to a class of persons; and\n- (b) subsection (3) does not apply;","sortOrder":72},{"sectionNumber":"sec.52","sectionType":"section","heading":"Approval of basis for funding or other financial assistance by State","content":"### sec.52 Approval of basis for funding or other financial assistance by State\n\nThe 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.\nIn 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—\nscheduled 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\nreimbursement for government specified fare concessions.\nEach annual report of the department must include—\nfor 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\nreasons for the funding or other financial assistance.\ns 52 amd 1997 No. 66 s 76 ; 2010 No. 19 s 248 ; 2012 No. 31 s 7\n(sec.52-ssec.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.\n(sec.52-ssec.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— 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 reimbursement for government specified fare concessions.\n(sec.52-ssec.3) Each annual report of the department must include— 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 reasons for the funding or other financial assistance.\n- (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\n- (b) reimbursement for government specified fare concessions.\n- (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\n- (b) reasons for the funding or other financial assistance.","sortOrder":73},{"sectionNumber":"sec.53","sectionType":"section","heading":null,"content":"### Section sec.53\n\ns 53 om 2000 No. 6 s 56","sortOrder":74},{"sectionNumber":"sec.54","sectionType":"section","heading":null,"content":"### Section sec.54\n\ns 54 amd 2002 No. 15 s 55\nom 2008 No. 32 s 76","sortOrder":75},{"sectionNumber":"ch.6-pt.2-div.2","sectionType":"division","heading":"General provisions for service contracts for general route services","content":"## General provisions for service contracts for general route services","sortOrder":76},{"sectionNumber":"sec.54A","sectionType":"section","heading":"Application of div 2","content":"### sec.54A Application of div 2\n\nThis division applies to all service contracts for general route services, other than integrated mass transit service contracts.\ns 54A ins 2004 No. 9 s 17\namd 2008 No. 32 s 78 ; 2012 No. 31 s 33 sch","sortOrder":77},{"sectionNumber":"sec.55","sectionType":"section","heading":"Entering into a service contract for a general route service—no existing operators","content":"### sec.55 Entering into a service contract for a general route service—no existing operators\n\nIf—\nan area or route is identified under section 42 for a general route service; and\nno-one has an entitlement under section 56 (1) for the area or route;\nthe 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.\ns 55 amd 1997 No. 66 s 77 ; 2008 No. 32 s 79 ; 2010 No. 13 s 114 sch pt 1\n- (a) an area or route is identified under section 42 for a general route service; and\n- (b) no-one has an entitlement under section 56 (1) for the area or route;","sortOrder":78},{"sectionNumber":"sec.56","sectionType":"section","heading":"Entitlement of existing operators","content":"### sec.56 Entitlement of existing operators\n\nThis section applies if—\nthe 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\nthere 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\nthere is no holder of an existing service contract who must be invited to offer for the contract under section 62 (1A) .\nThe existing operator is entitled to the first opportunity, exercised in the way set out in section 57 , to offer for the new contract.\nThis section does not apply to—\na service contract holder operating under a service contract for the area or route—\nthat states that section 62 does not apply to it; or\nif the chief executive has—\nissued a notice under section 46 (9) or 62A to the holder; or\nissued a notice to the holder suspending or cancelling the holder’s service contract under section 47 (1) ; or\nreceived notice from the holder that the holder intends to surrender the holder’s service contract; or\na person providing a service, of the kind that is required to be provided under the service contract, under a written agreement with the holder.\ns 56 sub 1997 No. 66 s 78\namd 2000 No. 6 s 58 ; 2004 No. 9 s 10 sch ; 2008 No. 32 s 80\n(sec.56-ssec.1) This section applies if— 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 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 there is no holder of an existing service contract who must be invited to offer for the contract under section 62 (1A) .\n(sec.56-ssec.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.\n(sec.56-ssec.3) This section does not apply to— a service contract holder operating under a service contract for the area or route— that states that section 62 does not apply to it; or if the chief executive has— issued a notice under section 46 (9) or 62A to the holder; or issued a notice to the holder suspending or cancelling the holder’s service contract under section 47 (1) ; or received notice from the holder that the holder intends to surrender the holder’s service contract; or 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.\n- (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\n- (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\n- (c) there is no holder of an existing service contract who must be invited to offer for the contract under section 62 (1A) .\n- (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\n- (i) that states that section 62 does not apply to it; or\n- (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\n- (A) issued a notice under section 46 (9) or 62A to the holder; or\n- (B) issued a notice to the holder suspending or cancelling the holder’s service contract under section 47 (1) ; or\n- (C) received notice from the holder that the holder intends to surrender the holder’s service contract; or\n- (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.\n- (i) that states that section 62 does not apply to it; or\n- (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\n- (A) issued a notice under section 46 (9) or 62A to the holder; or\n- (B) issued a notice to the holder suspending or cancelling the holder’s service contract under section 47 (1) ; or\n- (C) received notice from the holder that the holder intends to surrender the holder’s service contract; or\n- (A) issued a notice under section 46 (9) or 62A to the holder; or\n- (B) issued a notice to the holder suspending or cancelling the holder’s service contract under section 47 (1) ; or\n- (C) received notice from the holder that the holder intends to surrender the holder’s service contract; or","sortOrder":79},{"sectionNumber":"sec.57","sectionType":"section","heading":"Entering into a service contract for a general route service","content":"### sec.57 Entering into a service contract for a general route service\n\nThis section applies if an existing operator has an entitlement under section 56 in relation to a new contract.\nThe 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.\nHowever, the chief executive must, by public notice, invite offers from the public, whether by tender or in another way, for the service contract if—\nno offer is made to the invitation within 60 days after it is made, or any extended time under subsection (4) ; or\nthe operator makes an offer that the chief executive decides is unacceptable under section 59 .\nThe 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.\nDespite subsection (3) (b) , if—\nthe operator makes an offer within the time allowed under subsection (3) (a) ; and\nthe chief executive considers the offer substantially meets the requirements of an offer that would be acceptable under section 59 ;\nthe chief executive may defer inviting public offers to allow an opportunity for a contract to be concluded with the operator.\ns 57 sub 1997 No. 66 s 79\namd 2000 No. 6 s 59 ; 2008 No. 32 s 81\n(sec.57-ssec.1) This section applies if an existing operator has an entitlement under section 56 in relation to a new contract.\n(sec.57-ssec.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.\n(sec.57-ssec.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— no offer is made to the invitation within 60 days after it is made, or any extended time under subsection (4) ; or the operator makes an offer that the chief executive decides is unacceptable under section 59 .\n(sec.57-ssec.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.\n(sec.57-ssec.5) Despite subsection (3) (b) , if— the operator makes an offer within the time allowed under subsection (3) (a) ; and 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.\n- (a) no offer is made to the invitation within 60 days after it is made, or any extended time under subsection (4) ; or\n- (b) the operator makes an offer that the chief executive decides is unacceptable under section 59 .\n- (a) the operator makes an offer within the time allowed under subsection (3) (a) ; and\n- (b) the chief executive considers the offer substantially meets the requirements of an offer that would be acceptable under section 59 ;","sortOrder":80},{"sectionNumber":"sec.58","sectionType":"section","heading":null,"content":"### Section sec.58\n\ns 58 om 1997 No. 66 s 80","sortOrder":81},{"sectionNumber":"sec.59","sectionType":"section","heading":"Matters to be considered","content":"### sec.59 Matters to be considered\n\nThe chief executive—\nis not obliged to accept any offer for a service contract; and\nmay only accept an offer for a service contract if the chief executive considers the offer to be acceptable for the contract.\nIn deciding if an offer for a service contract is acceptable, the chief executive must have regard to at least the following—\nthe needs of the community for whose benefit the service is to be provided;\nthe ability of each offerer to meet the minimum service levels and other standards of performance specified in the offer;\nthe cost of providing the service;\nthe need for sustainability and continuity of services;\nany matters prescribed under a regulation.\nIn 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) .\nIn this section—\noffer for a service contract , includes an offer under section 60 (2) to provide a service for an amended service area or route.\ns 59 sub 1997 No. 66 s 81\namd 2004 No. 9 s 10 sch ; 2008 No. 32 s 82\n(sec.59-ssec.1) The chief executive— is not obliged to accept any offer for a service contract; and may only accept an offer for a service contract if the chief executive considers the offer to be acceptable for the contract.\n(sec.59-ssec.2) In deciding if an offer for a service contract is acceptable, the chief executive must have regard to at least the following— the needs of the community for whose benefit the service is to be provided; the ability of each offerer to meet the minimum service levels and other standards of performance specified in the offer; the cost of providing the service; the need for sustainability and continuity of services; any matters prescribed under a regulation.\n(sec.59-ssec.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) .\n(sec.59-ssec.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.\n- (a) is not obliged to accept any offer for a service contract; and\n- (b) may only accept an offer for a service contract if the chief executive considers the offer to be acceptable for the contract.\n- (a) the needs of the community for whose benefit the service is to be provided;\n- (b) the ability of each offerer to meet the minimum service levels and other standards of performance specified in the offer;\n- (c) the cost of providing the service;\n- (d) the need for sustainability and continuity of services;\n- (e) any matters prescribed under a regulation.","sortOrder":82},{"sectionNumber":"sec.60","sectionType":"section","heading":"Service contract for amended service contract area or route","content":"### sec.60 Service contract for amended service contract area or route\n\nThis 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.\nThe 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.\nIf—\nthe existing holder makes no offer within 60 days after the notice is given; or\nthe holder makes an offer that the chief executive decides is unacceptable under section 59 ;\nthe chief executive must, by public notice, invite offers from the public to provide the service for the amended area or route (a public invitation ).\nDespite subsection (3) , if—\nthe holder makes an offer within the 60 days; and\nthe chief executive considers the offer substantially complies with the requirements of an offer that would be acceptable under section 59 ;\nthe 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.\ns 60 amd 1997 No. 66 s 82 ; 2000 No. 6 s 60\nsub 2008 No. 32 s 83\n(sec.60-ssec.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.\n(sec.60-ssec.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.\n(sec.60-ssec.3) If— the existing holder makes no offer within 60 days after the notice is given; or 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 ).\n(sec.60-ssec.4) Despite subsection (3) , if— the holder makes an offer within the 60 days; and 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.\n- (a) the existing holder makes no offer within 60 days after the notice is given; or\n- (b) the holder makes an offer that the chief executive decides is unacceptable under section 59 ;\n- (a) the holder makes an offer within the 60 days; and\n- (b) the chief executive considers the offer substantially complies with the requirements of an offer that would be acceptable under section 59 ;","sortOrder":83},{"sectionNumber":"sec.61","sectionType":"section","heading":"Compensation","content":"### sec.61 Compensation\n\nThis section applies if—\nan 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\na decision is made under section 60 , and an existing service contract holder—\ndoes not offer to provide the service for the amended service contract area or route; or\nis not awarded a service contract to provide the service for the amended service contract area or route.\nThe 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.\nIf 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.\nThe 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.\nWithout 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.\nThe Commercial Arbitration Act 2013 applies to the arbitration.\ns 61 amd 1997 No. 66 s 83 ; 2004 No. 9 s 10 sch ; 2008 No. 32 s 84 ; 2013 No. 8 s 43 sch 1 pt 2\n(sec.61-ssec.1) This section applies if— 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 a decision is made under section 60 , and an existing service contract holder— does not offer to provide the service for the amended service contract area or route; or is not awarded a service contract to provide the service for the amended service contract area or route.\n(sec.61-ssec.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.\n(sec.61-ssec.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.\n(sec.61-ssec.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.\n(sec.61-ssec.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.\n(sec.61-ssec.5) The Commercial Arbitration Act 2013 applies to the arbitration.\n- (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\n- (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.\n- (i) does not offer to provide the service for the amended service contract area or route; or\n- (ii) is not awarded a service contract to provide the service for the amended service contract area or route.\n- (i) does not offer to provide the service for the amended service contract area or route; or\n- (ii) is not awarded a service contract to provide the service for the amended service contract area or route.","sortOrder":84},{"sectionNumber":"sec.62","sectionType":"section","heading":"Offer of new service contract","content":"### sec.62 Offer of new service contract\n\nThis section applies if the chief executive—\ndecides a service contract holder’s performance under a service contract (the existing contract ) has been satisfactory; and\nproposes 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.\nThe chief executive must, by written notice, invite the holder to offer, whether by tender or in another way, for the new service contract.\nThe chief executive may invite offers from the public or someone else only if the holder—\nrefuses the invitation; or\nfails to respond to the invitation within a time (of at least 60 days) allowed by the chief executive; or\nfails to make an offer that is acceptable or, despite section 59 , is substantially acceptable.\nThis section does not apply in relation to an existing contract—\nthat is—\nan emergency service contract; or\na service contract in relation to which an option to renew may be exercised; or\nthat states that this section does not apply to it.\ns 62 amd 1997 No. 66 s 84 ; 2000 No. 6 s 61 ; 2002 No. 15 s 56 ; 2008 No. 32 s 85\n(sec.62-ssec.1) This section applies if the chief executive— decides a service contract holder’s performance under a service contract (the existing contract ) has been satisfactory; and 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.\n(sec.62-ssec.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.\n(sec.62-ssec.2) The chief executive may invite offers from the public or someone else only if the holder— refuses the invitation; or fails to respond to the invitation within a time (of at least 60 days) allowed by the chief executive; or fails to make an offer that is acceptable or, despite section 59 , is substantially acceptable.\n(sec.62-ssec.3) This section does not apply in relation to an existing contract— that is— an emergency service contract; or a service contract in relation to which an option to renew may be exercised; or that states that this section does not apply to it.\n- (a) decides a service contract holder’s performance under a service contract (the existing contract ) has been satisfactory; and\n- (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.\n- (a) refuses the invitation; or\n- (b) fails to respond to the invitation within a time (of at least 60 days) allowed by the chief executive; or\n- (c) fails to make an offer that is acceptable or, despite section 59 , is substantially acceptable.\n- (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\n- (i) an emergency service contract; or\n- (ii) a service contract in relation to which an option to renew may be exercised; or\n- (b) that states that this section does not apply to it.\n- (i) an emergency service contract; or\n- (ii) a service contract in relation to which an option to renew may be exercised; or","sortOrder":85},{"sectionNumber":"sec.62A","sectionType":"section","heading":"Notice to be given","content":"### sec.62A Notice to be given\n\nIf 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.\ns 62A ins 1997 No. 66 s 85","sortOrder":86},{"sectionNumber":"ch.6-pt.2-div.2AA","sectionType":"division","heading":"Integrated mass transit service contracts","content":"## Integrated mass transit service contracts","sortOrder":87},{"sectionNumber":"sec.62AAA","sectionType":"section","heading":"What is the integrated mass transit area","content":"### sec.62AAA What is the integrated mass transit area\n\nThe integrated mass transit area is—\nthe service contract areas or routes mentioned in schedule 1B ; and\nanother service contract area or route in the SEQ area, as prescribed under a regulation.\nIn this section—\nSEQ 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—\nthe cities of Brisbane, Caloundra, Gold Coast, Ipswich, Logan, Redcliffe and Toowoomba;\nthe shires of Beaudesert, Boonah, Caboolture, Esk, Gatton, Kilcoy, Laidley, Maroochy, Noosa, Pine Rivers and Redland.\ns 62AAA prev s 62AAA ins 2004 No. 9 s 18\nom 2008 No. 32 s 87\npres s 62AAA ins 2012 No. 31 s 8\n(sec.62AAA-ssec.1) The integrated mass transit area is— the service contract areas or routes mentioned in schedule 1B ; and another service contract area or route in the SEQ area, as prescribed under a regulation.\n(sec.62AAA-ssec.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— the cities of Brisbane, Caloundra, Gold Coast, Ipswich, Logan, Redcliffe and Toowoomba; the shires of Beaudesert, Boonah, Caboolture, Esk, Gatton, Kilcoy, Laidley, Maroochy, Noosa, Pine Rivers and Redland.\n- (a) the service contract areas or routes mentioned in schedule 1B ; and\n- (b) another service contract area or route in the SEQ area, as prescribed under a regulation.\n- (a) the cities of Brisbane, Caloundra, Gold Coast, Ipswich, Logan, Redcliffe and Toowoomba;\n- (b) the shires of Beaudesert, Boonah, Caboolture, Esk, Gatton, Kilcoy, Laidley, Maroochy, Noosa, Pine Rivers and Redland.","sortOrder":88},{"sectionNumber":"sec.62AAB","sectionType":"section","heading":"Definition for div 2AA","content":"### sec.62AAB Definition for div 2AA\n\nIn this division—\nprescribed 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.\ns 62AAB ins 2004 No. 9 s 18","sortOrder":89},{"sectionNumber":"sec.62AAC","sectionType":"section","heading":"What is an integrated mass transit service contract","content":"### sec.62AAC What is an integrated mass transit service contract\n\nAn integrated mass transit service contract is a service contract for a general route service in the integrated mass transit area, under which contract—\nthe holder charges the fare set by the chief executive; and\nthe State retains the revenue; and\nthe State pays the holder for the services provided.\nAn 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.\nFor subsection (1) , it does not matter whether the service contract was entered into before or after the commencement of this section.\ns 62AAC ins 2004 No. 9 s 18\namd 2008 No. 32 s 88 ; 2012 No. 31 s 9\n(sec.62AAC-ssec.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— the holder charges the fare set by the chief executive; and the State retains the revenue; and the State pays the holder for the services provided.\n(sec.62AAC-ssec.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.\n(sec.62AAC-ssec.3) For subsection (1) , it does not matter whether the service contract was entered into before or after the commencement of this section.\n- (a) the holder charges the fare set by the chief executive; and\n- (b) the State retains the revenue; and\n- (c) the State pays the holder for the services provided.","sortOrder":90},{"sectionNumber":"sec.62AACA","sectionType":"section","heading":"Entering into an integrated mass transit service contract","content":"### sec.62AACA Entering into an integrated mass transit service contract\n\nThis section applies if—\na declaration under section 42 is made for a service contract area or route (the new area or route ); and\nthe 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.\nThe chief executive may—\ninvite an affected operator, by written notice, to offer, by the prescribed day, to provide the new service (an operator invitation ); or\ninvite 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\ninvite the public, by public notice, to offer to provide the new service (a public invitation ).\nIf the chief executive makes an operator invitation and either—\nan 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\nif 1 or more offers are made, the chief executive decides no offer made is acceptable under section 62AAE ;\nthe chief executive may make a holder invitation or a public invitation.\nIf the chief executive makes a holder invitation and no holder of an integrated mass transit service contract—\nmakes an offer by the prescribed day; or\nmakes an offer that the chief executive decides is acceptable under section 62AAE ;\nthe chief executive may make a public invitation.\nHowever, if—\nan offer is made in response to an operator invitation or a holder invitation by the prescribed day; and\nthe chief executive considers the offer substantially complies with the requirements of an offer that would be acceptable under section 62AAE ;\nthe chief executive may defer the making of a public invitation to allow an opportunity for a service contract to be concluded with the offerer.\nIn this section—\naffected 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.\ns 62AACA ins 2008 No. 32 s 89\namd 2012 No. 31 s 33 sch\n(sec.62AACA-ssec.1) This section applies if— a declaration under section 42 is made for a service contract area or route (the new area or route ); and 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.\n(sec.62AACA-ssec.2) The chief executive may— invite an affected operator, by written notice, to offer, by the prescribed day, to provide the new service (an operator invitation ); or 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 invite the public, by public notice, to offer to provide the new service (a public invitation ).\n(sec.62AACA-ssec.3) If the chief executive makes an operator invitation and either— 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 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.\n(sec.62AACA-ssec.4) If the chief executive makes a holder invitation and no holder of an integrated mass transit service contract— makes an offer by the prescribed day; or makes an offer that the chief executive decides is acceptable under section 62AAE ; the chief executive may make a public invitation.\n(sec.62AACA-ssec.5) However, if— an offer is made in response to an operator invitation or a holder invitation by the prescribed day; and 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.\n(sec.62AACA-ssec.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.\n- (a) a declaration under section 42 is made for a service contract area or route (the new area or route ); and\n- (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.\n- (a) invite an affected operator, by written notice, to offer, by the prescribed day, to provide the new service (an operator invitation ); or\n- (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\n- (c) invite the public, by public notice, to offer to provide the new service (a public invitation ).\n- (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\n- (b) if 1 or more offers are made, the chief executive decides no offer made is acceptable under section 62AAE ;\n- (a) makes an offer by the prescribed day; or\n- (b) makes an offer that the chief executive decides is acceptable under section 62AAE ;\n- (a) an offer is made in response to an operator invitation or a holder invitation by the prescribed day; and\n- (b) the chief executive considers the offer substantially complies with the requirements of an offer that would be acceptable under section 62AAE ;","sortOrder":91},{"sectionNumber":"sec.62AAD","sectionType":"section","heading":"Offer of new integrated mass transit service contract","content":"### sec.62AAD Offer of new integrated mass transit service contract\n\nThis section applies if the chief executive—\ndecides the performance of a holder of an integrated mass transit service contract (the existing contract ) has been satisfactory; and\nproposes, at the end of the term of the existing contract, to invite offers for a new integrated mass transit service contract—\nfor the same kind of general route service provided under the existing contract; or\nfor those services and additional services for the same area or route defined in the existing contract.\nThe chief executive must, by written notice, invite the holder to offer for the new integrated mass transit service contract.\nThe 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—\nrefuses the invitation; or\nfails to respond to the invitation by the prescribed day; or\nfails to make an offer that is acceptable or, despite section 62AAE , is substantially acceptable.\nThis section does not apply in relation to an existing contract—\nthat is an emergency service contract; or\nthat is a service contract in relation to which an option to renew may be exercised; or\nthat states this section does not apply to it.\ns 62AAD ins 2004 No. 9 s 18\namd 2008 No. 32 s 90 ; 2012 No. 31 s 33 sch\n(sec.62AAD-ssec.1) This section applies if the chief executive— decides the performance of a holder of an integrated mass transit service contract (the existing contract ) has been satisfactory; and proposes, at the end of the term of the existing contract, to invite offers for a new integrated mass transit service contract— for the same kind of general route service provided under the existing contract; or for those services and additional services for the same area or route defined in the existing contract.\n(sec.62AAD-ssec.2) The chief executive must, by written notice, invite the holder to offer for the new integrated mass transit service contract.\n(sec.62AAD-ssec.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— refuses the invitation; or fails to respond to the invitation by the prescribed day; or fails to make an offer that is acceptable or, despite section 62AAE , is substantially acceptable.\n(sec.62AAD-ssec.4) This section does not apply in relation to an existing contract— that is an emergency service contract; or that is a service contract in relation to which an option to renew may be exercised; or that states this section does not apply to it.\n- (a) decides the performance of a holder of an integrated mass transit service contract (the existing contract ) has been satisfactory; and\n- (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.\n- (i) for the same kind of general route service provided under the existing contract; or\n- (ii) for those services and additional services for the same area or route defined in the existing contract.\n- (i) for the same kind of general route service provided under the existing contract; or\n- (ii) for those services and additional services for the same area or route defined in the existing contract.\n- (a) refuses the invitation; or\n- (b) fails to respond to the invitation by the prescribed day; or\n- (c) fails to make an offer that is acceptable or, despite section 62AAE , is substantially acceptable.\n- (a) that is an emergency service contract; or\n- (b) that is a service contract in relation to which an option to renew may be exercised; or\n- (c) that states this section does not apply to it.","sortOrder":92},{"sectionNumber":"sec.62AAE","sectionType":"section","heading":"Matters to be considered generally when considering offers for integrated mass transit service contracts","content":"### sec.62AAE Matters to be considered generally when considering offers for integrated mass transit service contracts\n\nThe chief executive—\nis not obliged to accept any offer for an integrated mass transit service contract; and\nmay only accept an offer for an integrated mass transit service contract if the chief executive considers the offer to be acceptable for the contract.\nIn deciding if an offer for an integrated mass transit service contract is acceptable, the chief executive must have regard to at least the following—\nthe ability of each offerer to meet the minimum service levels and other standards of performance specified in the invitation to offer;\nthe cost of providing the general route service;\nthe need for sustainability and continuity of services;\nany matters prescribed under a regulation.\nIn 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) .\ns 62AAE ins 2004 No. 9 s 18\namd 2008 No. 32 s 91 ; 2012 No. 31 s 33 sch\n(sec.62AAE-ssec.1) The chief executive— is not obliged to accept any offer for an integrated mass transit service contract; and 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.\n(sec.62AAE-ssec.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— the ability of each offerer to meet the minimum service levels and other standards of performance specified in the invitation to offer; the cost of providing the general route service; the need for sustainability and continuity of services; any matters prescribed under a regulation.\n(sec.62AAE-ssec.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) .\n- (a) is not obliged to accept any offer for an integrated mass transit service contract; and\n- (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.\n- (a) the ability of each offerer to meet the minimum service levels and other standards of performance specified in the invitation to offer;\n- (b) the cost of providing the general route service;\n- (c) the need for sustainability and continuity of services;\n- (d) any matters prescribed under a regulation.","sortOrder":93},{"sectionNumber":"sec.62AAF","sectionType":"section","heading":"Unsatisfactory performance of integrated mass transit service contract holder","content":"### sec.62AAF Unsatisfactory performance of integrated mass transit service contract holder\n\nIf 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.\ns 62AAF ins 2004 No. 9 s 18\namd 2008 No. 32 s 92 ; 2012 No. 31 s 33 sch","sortOrder":94},{"sectionNumber":"sec.62AAG","sectionType":"section","heading":"Service contract for amended service contract area or route","content":"### sec.62AAG Service contract for amended service contract area or route\n\nThis section applies if—\nunder section 42B , a service contract area or route is amended (the amended service area or route ); and\nthe 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.\nThe chief executive may—\ninvite an affected operator, by written notice, to offer, by the prescribed day, to provide the amended service (an operator invitation ); or\ninvite 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\ninvite the public, by public notice, to offer to provide the amended service (a public invitation ).\nIf the chief executive makes an operator invitation and either—\nan 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\nif 1 or more offers are made, the chief executive decides no offer made is acceptable under section 62AAE ;\nthe chief executive may make a holder invitation or a public invitation.\nIf the chief executive makes a holder invitation and no holder of an integrated mass transit service contract—\nmakes an offer by the prescribed day; or\nmakes an offer that the chief executive decides is acceptable under section 62AAE ;\nthe chief executive may make a public invitation.\nHowever, if—\nan offer is made in response to an operator invitation or a holder invitation by the prescribed day; and\nthe chief executive considers the offer substantially complies with the requirements of an offer that would be acceptable under section 62AAE ;\nthe chief executive may defer the making of a public invitation to allow an opportunity for a service contract to be concluded with the offerer.\nIn this section—\naffected operator means—\nthe 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\nany other operator providing a general route service of that kind within the incorporated area; or\neach holder of a service contract for the service contract area or route whose interests are materially affected by the amendment.\nspecified kind means the kind of general route service specified under the declaration under section 42 for the service.\ns 62AAG ins 2004 No. 9 s 18\namd 2005 No. 49 s 53\nsub 2008 No. 32 s 93\namd 2012 No. 31 ss 10 , 33 sch\n(sec.62AAG-ssec.1) This section applies if— under section 42B , a service contract area or route is amended (the amended service area or route ); and 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.\n(sec.62AAG-ssec.2) The chief executive may— invite an affected operator, by written notice, to offer, by the prescribed day, to provide the amended service (an operator invitation ); or 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 invite the public, by public notice, to offer to provide the amended service (a public invitation ).\n(sec.62AAG-ssec.3) If the chief executive makes an operator invitation and either— 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 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.\n(sec.62AAG-ssec.4) If the chief executive makes a holder invitation and no holder of an integrated mass transit service contract— makes an offer by the prescribed day; or makes an offer that the chief executive decides is acceptable under section 62AAE ; the chief executive may make a public invitation.\n(sec.62AAG-ssec.5) However, if— an offer is made in response to an operator invitation or a holder invitation by the prescribed day; and 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.\n(sec.62AAG-ssec.6) In this section— affected operator means— 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 any other operator providing a general route service of that kind within the incorporated area; or 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.\n- (a) under section 42B , a service contract area or route is amended (the amended service area or route ); and\n- (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.\n- (a) invite an affected operator, by written notice, to offer, by the prescribed day, to provide the amended service (an operator invitation ); or\n- (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\n- (c) invite the public, by public notice, to offer to provide the amended service (a public invitation ).\n- (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\n- (b) if 1 or more offers are made, the chief executive decides no offer made is acceptable under section 62AAE ;\n- (a) makes an offer by the prescribed day; or\n- (b) makes an offer that the chief executive decides is acceptable under section 62AAE ;\n- (a) an offer is made in response to an operator invitation or a holder invitation by the prescribed day; and\n- (b) the chief executive considers the offer substantially complies with the requirements of an offer that would be acceptable under section 62AAE ;\n- (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\n- (b) any other operator providing a general route service of that kind within the incorporated area; or\n- (c) each holder of a service contract for the service contract area or route whose interests are materially affected by the amendment.","sortOrder":95},{"sectionNumber":"sec.62AAH","sectionType":"section","heading":"Compensation","content":"### sec.62AAH Compensation\n\nThis section applies if an affected operator under section 62AACA or 62AAG —\ndid not offer to provide the new service or the amended service under that section; or\nis not awarded an integrated mass transit service contract to provide the new service or the amended service.\nThe affected operator may claim compensation from the State.\nThe 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.\nWithout 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.\nThe Commercial Arbitration Act 2013 applies to the arbitration.\ns 62AAH ins 2004 No. 9 s 18\namd 2008 No. 32 s 94 ; 2012 No. 31 s 33 sch ; 2013 No. 8 s 43 sch 1 pt 2\n(sec.62AAH-ssec.1) This section applies if an affected operator under section 62AACA or 62AAG — did not offer to provide the new service or the amended service under that section; or is not awarded an integrated mass transit service contract to provide the new service or the amended service.\n(sec.62AAH-ssec.2) The affected operator may claim compensation from the State.\n(sec.62AAH-ssec.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.\n(sec.62AAH-ssec.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.\n(sec.62AAH-ssec.5) The Commercial Arbitration Act 2013 applies to the arbitration.\n- (a) did not offer to provide the new service or the amended service under that section; or\n- (b) is not awarded an integrated mass transit service contract to provide the new service or the amended service.","sortOrder":96},{"sectionNumber":"sec.62AAI","sectionType":"section","heading":"What happens when integrated mass transit service contract is surrendered, cancelled or terminated","content":"### sec.62AAI What happens when integrated mass transit service contract is surrendered, cancelled or terminated\n\nThis section applies if an integrated mass transit service contract is surrendered, cancelled or terminated, whether by the chief executive or by the operator.\nThe chief executive may do either of the following—\ninvite 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;\ninvite the public, by public notice, to offer for the integrated mass transit service contract.\nIf the chief executive acts under subsection (2) (a) and either—\nno holder of an integrated mass transit service contract makes an offer by the prescribed day; or\nif 1 or more offers are made, the chief executive decides no offer made is acceptable under section 62AAE ;\nthe chief executive may invite offers from the public under subsection (2) (b) for the integrated mass transit service contract.\nHowever, if—\nan offer is made under subsection (2) (a) by the prescribed day; and\nthe chief executive considers the offer substantially meets the requirements of an offer that would be acceptable under section 62AAE ;\nthe chief executive may defer inviting offers from the public under subsection (2) (b) to allow an opportunity for a contract to be concluded with the offerer.\ns 62AAI ins 2004 No. 9 s 18\namd 2008 No. 32 s 95 ; 2012 No. 31 s 33 sch\n(sec.62AAI-ssec.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.\n(sec.62AAI-ssec.2) The chief executive may do either of the following— 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; invite the public, by public notice, to offer for the integrated mass transit service contract.\n(sec.62AAI-ssec.3) If the chief executive acts under subsection (2) (a) and either— no holder of an integrated mass transit service contract makes an offer by the prescribed day; or 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.\n(sec.62AAI-ssec.4) However, if— an offer is made under subsection (2) (a) by the prescribed day; and the chief executive considers the offer substantially meets the requirements of an offer that would be acceptable under section 62AAE ; the chief executive may defer inviting offers from the public under subsection (2) (b) to allow an opportunity for a contract to be concluded with the offerer.\n- (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;\n- (b) invite the public, by public notice, to offer for the integrated mass transit service contract.\n- (a) no holder of an integrated mass transit service contract makes an offer by the prescribed day; or\n- (b) if 1 or more offers are made, the chief executive decides no offer made is acceptable under section 62AAE ;\n- (a) an offer is made under subsection (2) (a) by the prescribed day; and\n- (b) the chief executive considers the offer substantially meets the requirements of an offer that would be acceptable under section 62AAE ;","sortOrder":97},{"sectionNumber":"ch.6-pt.2-div.2A","sectionType":"division","heading":"Inviting offers for prescribed school service contracts","content":"## Inviting offers for prescribed school service contracts","sortOrder":98},{"sectionNumber":"sec.62AA","sectionType":"section","heading":"Application of div 2A to previous prescribed school service contracts","content":"### sec.62AA Application of div 2A to previous prescribed school service contracts\n\nA reference in this division to a prescribed school service contract that has been entered into with the chief executive includes a contract entered before the commencement of this division.\ns 62AA ins 2000 No. 6 s 62","sortOrder":99},{"sectionNumber":"sec.62AB","sectionType":"section","heading":null,"content":"### Section sec.62AB\n\ns 62AB ins 2000 No. 6 s 62\nom 2008 No. 32 s 96","sortOrder":100},{"sectionNumber":"sec.62AC","sectionType":"section","heading":"Entitlement of satisfactorily performing existing operator under a service contract","content":"### sec.62AC Entitlement of satisfactorily performing existing operator under a service contract\n\nThis section applies if—\nan operator is providing a school service for an area or route under a prescribed school service contract; and\nthe chief executive proposes, at the end of the contract’s term, to enter into a prescribed school service contract for the same, or substantially the same, area or route; and\nno notice has been given to the operator under subsection (4) for the contract.\nThe chief executive must give the operator the first opportunity to offer for the contract by giving the operator a notice under subsection (3) .\nThe notice must invite the operator to make an offer, in a stated way, for the contract within a stated period of not less than 60 days.\nThe chief executive may, for this section, decide that a contract holder’s performance under the contract has been unsatisfactory and give the holder written notice of the decision and the reasons for it.\nThis section does not apply in relation to a contract—\nthat is an emergency service contract; or\nthat states that this section does not apply to it.\ns 62AC ins 2000 No. 6 s 62\namd 2002 No. 15 s 57\n(sec.62AC-ssec.1) This section applies if— an operator is providing a school service for an area or route under a prescribed school service contract; and the chief executive proposes, at the end of the contract’s term, to enter into a prescribed school service contract for the same, or substantially the same, area or route; and no notice has been given to the operator under subsection (4) for the contract.\n(sec.62AC-ssec.2) The chief executive must give the operator the first opportunity to offer for the contract by giving the operator a notice under subsection (3) .\n(sec.62AC-ssec.3) The notice must invite the operator to make an offer, in a stated way, for the contract within a stated period of not less than 60 days.\n(sec.62AC-ssec.4) The chief executive may, for this section, decide that a contract holder’s performance under the contract has been unsatisfactory and give the holder written notice of the decision and the reasons for it.\n(sec.62AC-ssec.5) This section does not apply in relation to a contract— that is an emergency service contract; or that states that this section does not apply to it.\n- (a) an operator is providing a school service for an area or route under a prescribed school service contract; and\n- (b) the chief executive proposes, at the end of the contract’s term, to enter into a prescribed school service contract for the same, or substantially the same, area or route; and\n- (c) no notice has been given to the operator under subsection (4) for the contract.\n- (a) that is an emergency service contract; or\n- (b) that states that this section does not apply to it.","sortOrder":101},{"sectionNumber":"sec.62AD","sectionType":"section","heading":"First opportunity to offer may be given to existing operator of school services under a service contract","content":"### sec.62AD First opportunity to offer may be given to existing operator of school services under a service contract\n\nThis section applies if—\nno operator is entitled under section 62AC to a first opportunity to offer for the contract; and\n1 or more operators are providing school services for a school under a service contract; and\nthe chief executive proposes to enter into a prescribed school service contract for school services for the school.\nThe chief executive may give each operator the first opportunity to offer for the contract by giving a notice under subsection (3) to each operator.\nThe notice must invite the operator to make an offer, in a stated way, for the contract within a stated time of not less than 60 days.\nThis section does not apply in relation to an emergency service contract.\ns 62AD ins 2000 No. 6 s 62\namd 2002 No. 15 s 58 ; 2008 No. 32 s 97\n(sec.62AD-ssec.1) This section applies if— no operator is entitled under section 62AC to a first opportunity to offer for the contract; and 1 or more operators are providing school services for a school under a service contract; and the chief executive proposes to enter into a prescribed school service contract for school services for the school.\n(sec.62AD-ssec.2) The chief executive may give each operator the first opportunity to offer for the contract by giving a notice under subsection (3) to each operator.\n(sec.62AD-ssec.3) The notice must invite the operator to make an offer, in a stated way, for the contract within a stated time of not less than 60 days.\n(sec.62AD-ssec.4) This section does not apply in relation to an emergency service contract.\n- (a) no operator is entitled under section 62AC to a first opportunity to offer for the contract; and\n- (b) 1 or more operators are providing school services for a school under a service contract; and\n- (c) the chief executive proposes to enter into a prescribed school service contract for school services for the school.","sortOrder":102},{"sectionNumber":"sec.62AE","sectionType":"section","heading":"When public offer must be invited, and when offers may be invited in another way","content":"### sec.62AE When public offer must be invited, and when offers may be invited in another way\n\nThis section applies if the chief executive proposes to enter into a prescribed school service contract and—\nno operator is entitled to, or is to be given, the first opportunity to make an offer for the contract under section 62AC or 62AD ; or\nan operator has been given a notice under section 62AC or 62AD inviting the operator to offer for the contract and—\nthe operator fails to make an offer within the time stated in the notice; or\nthe operator refuses the invitation; or\nthe operator makes an offer that the chief executive decides is unacceptable under section 59 .\nThe chief executive must, by public notice, invite offers from the public, within a stated reasonable time, for a service contract to provide the service.\nHowever if—\nan operator makes an offer, within the time stated in a notice given under section 62AC or 62AD ; and\nthe chief executive considers the offer substantially meets the requirements of an offer that would be acceptable under section 59 ;\nthe chief executive may defer inviting public offers to allow an opportunity for a contract to be concluded with the operator.\nThe chief executive may invite offers, other than by public notice under subsection (2) , in any way the chief executive considers appropriate, but only if the chief executive has already invited offers from the public under subsection (2) .\nA time allowed to a person, under a notice or otherwise, for making an offer does not prevent the person from making an offer or further offer after that time.\ns 62AE ins 2000 No. 6 s 62\namd 2008 No. 32 s 98\n(sec.62AE-ssec.1) This section applies if the chief executive proposes to enter into a prescribed school service contract and— no operator is entitled to, or is to be given, the first opportunity to make an offer for the contract under section 62AC or 62AD ; or an operator has been given a notice under section 62AC or 62AD inviting the operator to offer for the contract and— the operator fails to make an offer within the time stated in the notice; or the operator refuses the invitation; or the operator makes an offer that the chief executive decides is unacceptable under section 59 .\n(sec.62AE-ssec.2) The chief executive must, by public notice, invite offers from the public, within a stated reasonable time, for a service contract to provide the service.\n(sec.62AE-ssec.3) However if— an operator makes an offer, within the time stated in a notice given under section 62AC or 62AD ; and 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.\n(sec.62AE-ssec.4) The chief executive may invite offers, other than by public notice under subsection (2) , in any way the chief executive considers appropriate, but only if the chief executive has already invited offers from the public under subsection (2) .\n(sec.62AE-ssec.5) A time allowed to a person, under a notice or otherwise, for making an offer does not prevent the person from making an offer or further offer after that time.\n- (a) no operator is entitled to, or is to be given, the first opportunity to make an offer for the contract under section 62AC or 62AD ; or\n- (b) an operator has been given a notice under section 62AC or 62AD inviting the operator to offer for the contract and— (i) the operator fails to make an offer within the time stated in the notice; or (ii) the operator refuses the invitation; or (iii) the operator makes an offer that the chief executive decides is unacceptable under section 59 .\n- (i) the operator fails to make an offer within the time stated in the notice; or\n- (ii) the operator refuses the invitation; or\n- (iii) the operator makes an offer that the chief executive decides is unacceptable under section 59 .\n- (i) the operator fails to make an offer within the time stated in the notice; or\n- (ii) the operator refuses the invitation; or\n- (iii) the operator makes an offer that the chief executive decides is unacceptable under section 59 .\n- (a) an operator makes an offer, within the time stated in a notice given under section 62AC or 62AD ; and\n- (b) the chief executive considers the offer substantially meets the requirements of an offer that would be acceptable under section 59 ;","sortOrder":103},{"sectionNumber":"sec.62AF","sectionType":"section","heading":"Prohibition on making offers to allow first opportunity","content":"### sec.62AF Prohibition on making offers to allow first opportunity\n\nThis section applies if the chief executive proposes to enter into a prescribed school service contract and 1 or more operators are entitled to, or are to be given, the first opportunity to make an offer for the contract under section 62AC or 62AD .\nThe chief executive must not invite anyone else to offer for the contract other than under section 62AE (2) or (4) .\ns 62AF ins 2000 No. 6 s 62\namd 2008 No. 32 s 99\n(sec.62AF-ssec.1) This section applies if the chief executive proposes to enter into a prescribed school service contract and 1 or more operators are entitled to, or are to be given, the first opportunity to make an offer for the contract under section 62AC or 62AD .\n(sec.62AF-ssec.2) The chief executive must not invite anyone else to offer for the contract other than under section 62AE (2) or (4) .","sortOrder":104},{"sectionNumber":"ch.6-pt.2-div.3","sectionType":"division","heading":null,"content":"","sortOrder":105},{"sectionNumber":"sec.62B","sectionType":"section","heading":null,"content":"### Section sec.62B\n\ns 62B ins 1997 No. 66 s 86\nom 2002 No. 15 s 59","sortOrder":106},{"sectionNumber":"ch.6-pt.3","sectionType":"part","heading":null,"content":"","sortOrder":107},{"sectionNumber":"sec.63","sectionType":"section","heading":null,"content":"### Section sec.63\n\ns 63 om 2017 No. 18 s 16","sortOrder":108},{"sectionNumber":"sec.64","sectionType":"section","heading":null,"content":"### Section sec.64\n\ns 64 om 2017 No. 18 s 16","sortOrder":109},{"sectionNumber":"sec.65","sectionType":"section","heading":null,"content":"### Section sec.65\n\ns 65 om 2017 No. 18 s 16","sortOrder":110},{"sectionNumber":"sec.66","sectionType":"section","heading":null,"content":"### Section sec.66\n\ns 66 om 2017 No. 18 s 16","sortOrder":111},{"sectionNumber":"sec.67","sectionType":"section","heading":null,"content":"### Section sec.67\n\ns 67 amd 1997 No. 66 s 87\nom 2017 No. 18 s 16","sortOrder":112},{"sectionNumber":"sec.67A","sectionType":"section","heading":null,"content":"### Section sec.67A\n\ns 67A ins 2007 No. 43 s 19\nom 2017 No. 18 s 16","sortOrder":113},{"sectionNumber":"ch.6-pt.4","sectionType":"part","heading":"Special events","content":"# Special events","sortOrder":114},{"sectionNumber":"sec.67B","sectionType":"section","heading":"Definition for pt 4","content":"### sec.67B Definition for pt 4\n\nIn this part—\nnon-integrated mass transit area means an area other than the integrated mass transit area.\ns 67B (prev 2008 No. 32 s 47 ) renum and reloc 2010 No. 13 s 132\namd 2010 No. 13 s 115\nsub 2012 No. 31 ss 11 , 13","sortOrder":115},{"sectionNumber":"sec.67C","sectionType":"section","heading":"Declaration of special event","content":"### sec.67C Declaration of special event\n\nThe chief executive may declare that an event to be carried out is a special event (a special event declaration ).\nA special event declaration may be for a stated event or all events, or all events of a stated type, to be carried out at a stated place.\nA special event declaration may be made only if the chief executive considers that—\nthere will be at least 5,000 participants or spectators at the event or events the subject of the declaration; and\neither—\nsignificant road closures or bus stop relocations are likely to be part of the management of transport to or from the event or events; or\nthe provision of transport services to or from the event or events is likely to rely on an increased use of vehicles or other facilitates funded by the chief executive.\nFor subsection (3) (b) (i) , a road closure or bus stop relocation is significant if it is likely to affect the provision of scheduled passenger services generally—\nif the event or events the subject of the declaration are to be carried out in the integrated mass transit area—in the integrated mass transit area; or\notherwise—in the non-integrated mass transit area.\nA special event declaration is sufficiently made if the chief executive publishes the declaration on the department’s website or in a newspaper circulating—\nif the event or events the subject of the declaration are to be carried out in the integrated mass transit area—in the integrated mass transit area; or\notherwise—in the non-integrated mass transit area.\ns 67C prev s 67C (prev 2008 No. 32 s 48 ) renum and reloc 2010 No. 13 s 132\namd 2010 No. 13 s 116\nom 2012 No. 31 s 11\npres s 67C (prev s 67F) ins 2010 No. 13 s 119\namd 2012 No. 31 s 14 (1) – (3)\nrenum 2012 No. 31 s 14 (4)\n(sec.67C-ssec.1) The chief executive may declare that an event to be carried out is a special event (a special event declaration ).\n(sec.67C-ssec.2) A special event declaration may be for a stated event or all events, or all events of a stated type, to be carried out at a stated place.\n(sec.67C-ssec.3) A special event declaration may be made only if the chief executive considers that— there will be at least 5,000 participants or spectators at the event or events the subject of the declaration; and either— significant road closures or bus stop relocations are likely to be part of the management of transport to or from the event or events; or the provision of transport services to or from the event or events is likely to rely on an increased use of vehicles or other facilitates funded by the chief executive.\n(sec.67C-ssec.4) For subsection (3) (b) (i) , a road closure or bus stop relocation is significant if it is likely to affect the provision of scheduled passenger services generally— if the event or events the subject of the declaration are to be carried out in the integrated mass transit area—in the integrated mass transit area; or otherwise—in the non-integrated mass transit area.\n(sec.67C-ssec.5) A special event declaration is sufficiently made if the chief executive publishes the declaration on the department’s website or in a newspaper circulating— if the event or events the subject of the declaration are to be carried out in the integrated mass transit area—in the integrated mass transit area; or otherwise—in the non-integrated mass transit area.\n- (a) there will be at least 5,000 participants or spectators at the event or events the subject of the declaration; and\n- (b) either— (i) significant road closures or bus stop relocations are likely to be part of the management of transport to or from the event or events; or (ii) the provision of transport services to or from the event or events is likely to rely on an increased use of vehicles or other facilitates funded by the chief executive.\n- (i) significant road closures or bus stop relocations are likely to be part of the management of transport to or from the event or events; or\n- (ii) the provision of transport services to or from the event or events is likely to rely on an increased use of vehicles or other facilitates funded by the chief executive.\n- (i) significant road closures or bus stop relocations are likely to be part of the management of transport to or from the event or events; or\n- (ii) the provision of transport services to or from the event or events is likely to rely on an increased use of vehicles or other facilitates funded by the chief executive.\n- (a) if the event or events the subject of the declaration are to be carried out in the integrated mass transit area—in the integrated mass transit area; or\n- (b) otherwise—in the non-integrated mass transit area.\n- (a) if the event or events the subject of the declaration are to be carried out in the integrated mass transit area—in the integrated mass transit area; or\n- (b) otherwise—in the non-integrated mass transit area.","sortOrder":116},{"sectionNumber":"sec.67D","sectionType":"section","heading":"Coordination power for scheduled passenger services to special events","content":"### sec.67D Coordination power for scheduled passenger services to special events\n\nThe chief executive may coordinate the provision of scheduled passenger services to and from a special event.\ns 67D prev s 67D (prev 2008 No. 32 s 49 ) renum and reloc 2010 No. 13 s 132\namd 2010 No. 13 s 117\nom 2012 No. 31 s 11\npres 67D (prev s 67G) ins 2010 No. 13 s 119\namd 2012 No. 31 s 15 (1)\nrenum 2012 No. 31 s 15 (2)","sortOrder":117},{"sectionNumber":"sec.67E","sectionType":"section","heading":"Chief executive’s approval required for special event services","content":"### sec.67E Chief executive’s approval required for special event services\n\nA person must not enter into or perform a contract or arrangement for the provision of scheduled passenger services to or from a special event without the chief executive’s written approval.\nMaximum penalty—200 penalty units.\nA contract or arrangement made or entered into in contravention of subsection (1) has no effect to the extent of the contravention.\ns 67E prev s 67E (prev 2008 No. 32 s 50 ) renum and reloc 2010 No. 13 s 132\namd 2010 No. 13 s 118\nom 2012 No. 31 s 11\npres s 67E (prev s 67H) ins 2010 No. 13 s 119\namd 2012 No. 31 s 16 (1) – (2)\nrenum 2012 No. 31 s 16 (3)\n(sec.67E-ssec.1) A person must not enter into or perform a contract or arrangement for the provision of scheduled passenger services to or from a special event without the chief executive’s written approval. Maximum penalty—200 penalty units.\n(sec.67E-ssec.2) A contract or arrangement made or entered into in contravention of subsection (1) has no effect to the extent of the contravention.","sortOrder":118},{"sectionNumber":"sec.67F","sectionType":"section","heading":"Special event approvals","content":"### sec.67F Special event approvals\n\nAn approval by the chief executive under section 67E (1) (a special event approval ) may—\nbe given on the chief executive’s own initiative; and\nbe given for a specific scheduled passenger service to or from a special event or generally for a stated type of scheduled passenger service to or from a special event.\nA special event approval is sufficiently given if the chief executive publishes the approval on the department’s website or in a newspaper circulating—\nif a special event the subject of the approval is to be carried out in the integrated mass transit area—in the integrated mass transit area; or\notherwise—in the non-integrated mass transit area.\nThe chief executive may impose conditions on the giving of a special event approval.\nThe conditions may include a requirement that, before the special event approval applies to a person, the person must pay the chief executive a contribution to the chief executive’s costs of coordinating the relevant scheduled passenger services.\ns 67F (prev s 67I) ins 2010 No. 13 s 119\namd 2012 No. 31 s 17 (1) – (2)\nrenum 2012 No. 31 s 17 (3)\n(sec.67F-ssec.1) An approval by the chief executive under section 67E (1) (a special event approval ) may— be given on the chief executive’s own initiative; and be given for a specific scheduled passenger service to or from a special event or generally for a stated type of scheduled passenger service to or from a special event.\n(sec.67F-ssec.2) A special event approval is sufficiently given if the chief executive publishes the approval on the department’s website or in a newspaper circulating— if a special event the subject of the approval is to be carried out in the integrated mass transit area—in the integrated mass transit area; or otherwise—in the non-integrated mass transit area.\n(sec.67F-ssec.3) The chief executive may impose conditions on the giving of a special event approval.\n(sec.67F-ssec.4) The conditions may include a requirement that, before the special event approval applies to a person, the person must pay the chief executive a contribution to the chief executive’s costs of coordinating the relevant scheduled passenger services.\n- (a) be given on the chief executive’s own initiative; and\n- (b) be given for a specific scheduled passenger service to or from a special event or generally for a stated type of scheduled passenger service to or from a special event.\n- (a) if a special event the subject of the approval is to be carried out in the integrated mass transit area—in the integrated mass transit area; or\n- (b) otherwise—in the non-integrated mass transit area.","sortOrder":119},{"sectionNumber":"ch.6A-pt.1","sectionType":"part","heading":"Interpretation","content":"# Interpretation","sortOrder":120},{"sectionNumber":"sec.67G","sectionType":"section","heading":"Definition for ch 6A","content":"### sec.67G Definition for ch 6A\n\nIn this chapter—\nrelevant transport legislation means the following legislation—\nthis Act;\nthe Transport Operations (Road Use Management) Act 1995 ;\nthe Heavy Vehicle National Law (Queensland) ;\nthe Motor Accident Insurance Act 1994 .\ns 67G ins 2024 No. 2 s 38\n- (a) this Act;\n- (b) the Transport Operations (Road Use Management) Act 1995 ;\n- (c) the Heavy Vehicle National Law (Queensland) ;\n- (d) the Motor Accident Insurance Act 1994 .","sortOrder":121},{"sectionNumber":"ch.6A-pt.2","sectionType":"part","heading":"Safety duties","content":"# Safety duties","sortOrder":122},{"sectionNumber":"ch.6A-pt.2-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":123},{"sectionNumber":"sec.67H","sectionType":"section","heading":"Definitions for part","content":"### sec.67H Definitions for part\n\nIn this part—\nfatigue includes any of the following—\nfeeling sleepy;\nfeeling physically or mentally tired, weary or drowsy;\nfeeling exhausted or lacking energy;\nbehaving in a way consistent with paragraph (a) , (b) or (c) .\npersonalised transport service licence , for a road-based public passenger service, means any of the following licences—\na booked hire service licence;\na limousine licence;\na taxi service licence.\nregistered operator see the Transport Operations (Road Use Management) Act 1995 , schedule 4 .\nsafety duty means a duty imposed under a provision of—\ndivision 3 , other than section 67P ; or\ndivision 4 .\nsafety law means—\nthe Work Health and Safety Act 2011 ; or\nthe Heavy Vehicle National Law (Queensland) .\nsafety risk means a risk to the safety of persons or property, including the safety of—\nthe drivers of, and passengers in, motor vehicles; and\npersons or property in or in the vicinity of, or likely to be in or in the vicinity of, roads and public places, including other road users; and\nvehicles and anything in them.\na driver operating a motor vehicle while fatigued\na driver operating a motor vehicle while under the influence of a drug or alcohol\nthe operation of a motor vehicle that does not comply with a requirement under the Transport Operations (Road Use Management) Act 1995 for a vehicle to have a certificate of inspection in effect\ns 67H ins 2024 No. 2 s 38\n- (a) feeling sleepy;\n- (b) feeling physically or mentally tired, weary or drowsy;\n- (c) feeling exhausted or lacking energy;\n- (d) behaving in a way consistent with paragraph (a) , (b) or (c) .\n- (a) a booked hire service licence;\n- (b) a limousine licence;\n- (c) a taxi service licence.\n- (a) division 3 , other than section 67P ; or\n- (b) division 4 .\n- (a) the Work Health and Safety Act 2011 ; or\n- (b) the Heavy Vehicle National Law (Queensland) .\n- (a) the drivers of, and passengers in, motor vehicles; and\n- (b) persons or property in or in the vicinity of, or likely to be in or in the vicinity of, roads and public places, including other road users; and\n- (c) vehicles and anything in them.\n- • a driver operating a motor vehicle while fatigued\n- • a driver operating a motor vehicle while under the influence of a drug or alcohol\n- • the operation of a motor vehicle that does not comply with a requirement under the Transport Operations (Road Use Management) Act 1995 for a vehicle to have a certificate of inspection in effect","sortOrder":124},{"sectionNumber":"sec.67I","sectionType":"section","heading":"What is reasonably practicable in ensuring safety","content":"### sec.67I What is reasonably practicable in ensuring safety\n\nIn this part, reasonably practicable , in relation to a duty to ensure safety, means that which is, or was at a particular time, reasonably able to be done in relation to the duty, weighing up all relevant matters, including—\nthe likelihood of a safety risk, or damage to property, happening; and\nthe harm that could result from the risk or damage; and\nwhat the person knows, or ought reasonably to know, about the risk or damage; and\nwhat the person knows, or ought reasonably to know, about the ways of—\nremoving or minimising the risk; or\npreventing or minimising the damage; and\nthe availability and suitability of those ways; and\nthe cost associated with the available ways, including whether the cost is grossly disproportionate to the likelihood of the risk or damage.\ns 67I ins 2024 No. 2 s 38\n- (a) the likelihood of a safety risk, or damage to property, happening; and\n- (b) the harm that could result from the risk or damage; and\n- (c) what the person knows, or ought reasonably to know, about the risk or damage; and\n- (d) what the person knows, or ought reasonably to know, about the ways of— (i) removing or minimising the risk; or (ii) preventing or minimising the damage; and\n- (i) removing or minimising the risk; or\n- (ii) preventing or minimising the damage; and\n- (e) the availability and suitability of those ways; and\n- (f) the cost associated with the available ways, including whether the cost is grossly disproportionate to the likelihood of the risk or damage.\n- (i) removing or minimising the risk; or\n- (ii) preventing or minimising the damage; and","sortOrder":125},{"sectionNumber":"sec.67J","sectionType":"section","heading":"Duty holders for road-based public passenger service","content":"### sec.67J Duty holders for road-based public passenger service\n\nEach of the following persons is a duty holder for a road-based public passenger service—\nan operator of the service;\na registered operator of a motor vehicle used to provide the service;\nthe driver of a motor vehicle used to provide the service;\na booking service provider for the service;\nif the service is a personalised transport service—a holder of a personalised transport service licence for a motor vehicle used to provide the service;\nif the service is a personalised transport service and an authorised booking entity who provides booking services for the service is a foreign person—the entity’s local nominee.\nAlso, a person who is contracted by a volunteer association that provides a public passenger service to drive a motor vehicle provided by the service is taken to be a duty holder for a road-based public passenger service.\nTo remove any doubt, it is declared that a reference in this chapter to a duty holder for a road-based public passenger service does not include a reference to the State or an authorised person.\ns 67J ins 2024 No. 2 s 38\n(sec.67J-ssec.1) Each of the following persons is a duty holder for a road-based public passenger service— an operator of the service; a registered operator of a motor vehicle used to provide the service; the driver of a motor vehicle used to provide the service; a booking service provider for the service; if the service is a personalised transport service—a holder of a personalised transport service licence for a motor vehicle used to provide the service; if the service is a personalised transport service and an authorised booking entity who provides booking services for the service is a foreign person—the entity’s local nominee.\n(sec.67J-ssec.2) Also, a person who is contracted by a volunteer association that provides a public passenger service to drive a motor vehicle provided by the service is taken to be a duty holder for a road-based public passenger service.\n(sec.67J-ssec.3) To remove any doubt, it is declared that a reference in this chapter to a duty holder for a road-based public passenger service does not include a reference to the State or an authorised person.\n- (a) an operator of the service;\n- (b) a registered operator of a motor vehicle used to provide the service;\n- (c) the driver of a motor vehicle used to provide the service;\n- (d) a booking service provider for the service;\n- (e) if the service is a personalised transport service—a holder of a personalised transport service licence for a motor vehicle used to provide the service;\n- (f) if the service is a personalised transport service and an authorised booking entity who provides booking services for the service is a foreign person—the entity’s local nominee.","sortOrder":126},{"sectionNumber":"sec.67K","sectionType":"section","heading":"Relationship with other safety laws","content":"### sec.67K Relationship with other safety laws\n\nIf a provision of this part and a provision of another safety law deal with the same thing and it is possible to comply with both provisions, a person must comply with both provisions.\nHowever, to the extent it is not possible for the person to comply with a provision of this part and a provision of another safety law dealing with the same thing, the person must comply with—\nthe provision of the other safety law; or\nif, under the other safety law, the person is required to comply with a provision of another safety law—the provision of the other safety law.\nEvidence of a contravention of this part is admissible in any proceeding for an offence against a provision of another safety law.\nIf an act, omission or circumstance constitutes an offence under this part and another safety law, the offender is not liable to be punished more than once for the act, omission or circumstance.\ns 67K ins 2024 No. 2 s 38\n(sec.67K-ssec.1) If a provision of this part and a provision of another safety law deal with the same thing and it is possible to comply with both provisions, a person must comply with both provisions.\n(sec.67K-ssec.2) However, to the extent it is not possible for the person to comply with a provision of this part and a provision of another safety law dealing with the same thing, the person must comply with— the provision of the other safety law; or if, under the other safety law, the person is required to comply with a provision of another safety law—the provision of the other safety law.\n(sec.67K-ssec.3) Evidence of a contravention of this part is admissible in any proceeding for an offence against a provision of another safety law.\n(sec.67K-ssec.4) If an act, omission or circumstance constitutes an offence under this part and another safety law, the offender is not liable to be punished more than once for the act, omission or circumstance.\n- (a) the provision of the other safety law; or\n- (b) if, under the other safety law, the person is required to comply with a provision of another safety law—the provision of the other safety law.","sortOrder":127},{"sectionNumber":"ch.6A-pt.2-div.2","sectionType":"division","heading":"Principles","content":"## Principles","sortOrder":128},{"sectionNumber":"sec.67L","sectionType":"section","heading":"Principle of shared responsibility","content":"### sec.67L Principle of shared responsibility\n\nThe effect that activities associated with providing a road-based public passenger service have on safety is the shared responsibility of each duty holder for the service.\nThe level and nature of a person’s responsibility for an activity depends on—\nthe functions the person performs or is required to perform, whether exclusively or occasionally; and\nthe nature of the safety risks created by the carrying out of the activity; and\nthe person’s capacity to control, eliminate or minimise the risks.\ns 67L ins 2024 No. 2 s 38\n(sec.67L-ssec.1) The effect that activities associated with providing a road-based public passenger service have on safety is the shared responsibility of each duty holder for the service.\n(sec.67L-ssec.2) The level and nature of a person’s responsibility for an activity depends on— the functions the person performs or is required to perform, whether exclusively or occasionally; and the nature of the safety risks created by the carrying out of the activity; and the person’s capacity to control, eliminate or minimise the risks.\n- (a) the functions the person performs or is required to perform, whether exclusively or occasionally; and\n- (b) the nature of the safety risks created by the carrying out of the activity; and\n- (c) the person’s capacity to control, eliminate or minimise the risks.","sortOrder":129},{"sectionNumber":"sec.67M","sectionType":"section","heading":"Principles applying to duties","content":"### sec.67M Principles applying to duties\n\nA person may have more than 1 duty because of the functions the person performs or is required to perform.\nMore than 1 person can concurrently have the same duty.\nEach person must comply with the duty to the standard required under this part even if another person has the same duty.\nIf more than 1 person has a duty for the same matter, each person—\nis responsible for the person’s duty in relation to the matter; and\nmust discharge the person’s duty to the extent to which the person—\nhas the capacity to influence and control the matter; or\nwould have the capacity but for an agreement or arrangement purporting to limit or remove that capacity.\nA person’s duty can not be transferred to another person.\nCompliance with relevant transport legislation or a safety law is not, of itself, evidence that a person has discharged a duty under this part.\ns 67M ins 2024 No. 2 s 38\n(sec.67M-ssec.1) A person may have more than 1 duty because of the functions the person performs or is required to perform.\n(sec.67M-ssec.2) More than 1 person can concurrently have the same duty.\n(sec.67M-ssec.3) Each person must comply with the duty to the standard required under this part even if another person has the same duty.\n(sec.67M-ssec.4) If more than 1 person has a duty for the same matter, each person— is responsible for the person’s duty in relation to the matter; and must discharge the person’s duty to the extent to which the person— has the capacity to influence and control the matter; or would have the capacity but for an agreement or arrangement purporting to limit or remove that capacity.\n(sec.67M-ssec.5) A person’s duty can not be transferred to another person.\n(sec.67M-ssec.6) Compliance with relevant transport legislation or a safety law is not, of itself, evidence that a person has discharged a duty under this part.\n- (a) is responsible for the person’s duty in relation to the matter; and\n- (b) must discharge the person’s duty to the extent to which the person— (i) has the capacity to influence and control the matter; or (ii) would have the capacity but for an agreement or arrangement purporting to limit or remove that capacity.\n- (i) has the capacity to influence and control the matter; or\n- (ii) would have the capacity but for an agreement or arrangement purporting to limit or remove that capacity.\n- (i) has the capacity to influence and control the matter; or\n- (ii) would have the capacity but for an agreement or arrangement purporting to limit or remove that capacity.","sortOrder":130},{"sectionNumber":"ch.6A-pt.2-div.3","sectionType":"division","heading":"Nature of primary duties","content":"## Nature of primary duties","sortOrder":131},{"sectionNumber":"sec.67N","sectionType":"section","heading":"Primary duty of care generally","content":"### sec.67N Primary duty of care generally\n\nThis section applies to each duty holder for a road-based public passenger service, other than a driver for the service.\nSee section 67O for the primary duty of care of a driver for a road-based public passenger service.\nEach duty holder must ensure, so far as is reasonably practicable, the safety of the person’s activities, including business practices and making decisions, in providing the road-based public passenger service.\nWithout limiting subsection (2) , each duty holder must—\neliminate safety risks or, to the extent it is not reasonably practicable to eliminate safety risks, minimise those risks; and\nensure the person’s conduct does not directly or indirectly encourage another person, including another duty holder for the service, to contravene a provision of relevant transport legislation relating to—\nthe provision of a road-based public passenger service; or\na motor vehicle used to provide a road-based public passenger service.\nIn this section—\nbusiness practices means a person’s practices in running a business associated with providing a road-based public passenger service, including—\nthe operating policies and procedures of the business; and\nthe arrangements for preventing or minimising safety risks associated with the person’s practices.\ns 67N ins 2024 No. 2 s 38\n(sec.67N-ssec.1) This section applies to each duty holder for a road-based public passenger service, other than a driver for the service. See section 67O for the primary duty of care of a driver for a road-based public passenger service.\n(sec.67N-ssec.2) Each duty holder must ensure, so far as is reasonably practicable, the safety of the person’s activities, including business practices and making decisions, in providing the road-based public passenger service.\n(sec.67N-ssec.3) Without limiting subsection (2) , each duty holder must— eliminate safety risks or, to the extent it is not reasonably practicable to eliminate safety risks, minimise those risks; and ensure the person’s conduct does not directly or indirectly encourage another person, including another duty holder for the service, to contravene a provision of relevant transport legislation relating to— the provision of a road-based public passenger service; or a motor vehicle used to provide a road-based public passenger service.\n(sec.67N-ssec.4) In this section— business practices means a person’s practices in running a business associated with providing a road-based public passenger service, including— the operating policies and procedures of the business; and the arrangements for preventing or minimising safety risks associated with the person’s practices.\n- (a) eliminate safety risks or, to the extent it is not reasonably practicable to eliminate safety risks, minimise those risks; and\n- (b) ensure the person’s conduct does not directly or indirectly encourage another person, including another duty holder for the service, to contravene a provision of relevant transport legislation relating to— (i) the provision of a road-based public passenger service; or (ii) a motor vehicle used to provide a road-based public passenger service.\n- (i) the provision of a road-based public passenger service; or\n- (ii) a motor vehicle used to provide a road-based public passenger service.\n- (i) the provision of a road-based public passenger service; or\n- (ii) a motor vehicle used to provide a road-based public passenger service.\n- (a) the operating policies and procedures of the business; and\n- (b) the arrangements for preventing or minimising safety risks associated with the person’s practices.","sortOrder":132},{"sectionNumber":"sec.67O","sectionType":"section","heading":"Primary duty of care of driver","content":"### sec.67O Primary duty of care of driver\n\nA driver for a road-based public passenger service must, in providing the service—\ntake reasonable care for their own safety; and\nensure, so far as is reasonably practicable, that their activities do not adversely affect the safety of other persons, including, for example, by ensuring—\nthey do not drive while fatigued; and\nthey appropriately secure wheelchairs into a vehicle in accordance with any relevant vehicle and equipment specifications; and\nthey comply with relevant transport legislation.\ns 67O ins 2024 No. 2 s 38\n- (a) take reasonable care for their own safety; and\n- (b) ensure, so far as is reasonably practicable, that their activities do not adversely affect the safety of other persons, including, for example, by ensuring— (i) they do not drive while fatigued; and (ii) they appropriately secure wheelchairs into a vehicle in accordance with any relevant vehicle and equipment specifications; and (iii) they comply with relevant transport legislation.\n- (i) they do not drive while fatigued; and\n- (ii) they appropriately secure wheelchairs into a vehicle in accordance with any relevant vehicle and equipment specifications; and\n- (iii) they comply with relevant transport legislation.\n- (i) they do not drive while fatigued; and\n- (ii) they appropriately secure wheelchairs into a vehicle in accordance with any relevant vehicle and equipment specifications; and\n- (iii) they comply with relevant transport legislation.","sortOrder":133},{"sectionNumber":"sec.67P","sectionType":"section","heading":"Duty of executive officer of corporation","content":"### sec.67P Duty of executive officer of corporation\n\nIf a corporation has a safety duty under section 67N or division 4 , an executive officer of the corporation must exercise due diligence to ensure the corporation complies with the duty.\nMaximum penalty—the penalty under section 67V , 67W or 67X for an offence relating to a safety duty committed by an individual.\nThe executive officer may be proceeded against for, and convicted of, an offence against subsection (1) even if the corporation has not been proceeded against for, or convicted of, an offence relating to the duty.\nIn this section—\ndue diligence includes taking reasonable steps to—\nacquire, and keep up to date, knowledge about the safe conduct of activities relating to providing a road-based public passenger service; and\ngain an understanding of—\nthe nature of the corporation’s activities relating to providing a road-based public passenger service; and\nthe hazards and safety risks associated with those activities; and\nensure the corporation has, and uses, appropriate resources to eliminate or minimise those hazards and risks; and\nensure the corporation has, and implements, processes—\nto eliminate or minimise those hazards and risks; and\nfor receiving, considering, and responding in a timely way to, information about those hazards and risks and any incidents; and\nfor complying with the corporation’s safety duty; and\nverify the resources and processes mentioned in paragraphs (c) and (d) are being provided, implemented and used.\ns 67P ins 2024 No. 2 s 38\n(sec.67P-ssec.1) If a corporation has a safety duty under section 67N or division 4 , an executive officer of the corporation must exercise due diligence to ensure the corporation complies with the duty. Maximum penalty—the penalty under section 67V , 67W or 67X for an offence relating to a safety duty committed by an individual.\n(sec.67P-ssec.2) The executive officer may be proceeded against for, and convicted of, an offence against subsection (1) even if the corporation has not been proceeded against for, or convicted of, an offence relating to the duty.\n(sec.67P-ssec.3) In this section— due diligence includes taking reasonable steps to— acquire, and keep up to date, knowledge about the safe conduct of activities relating to providing a road-based public passenger service; and gain an understanding of— the nature of the corporation’s activities relating to providing a road-based public passenger service; and the hazards and safety risks associated with those activities; and ensure the corporation has, and uses, appropriate resources to eliminate or minimise those hazards and risks; and ensure the corporation has, and implements, processes— to eliminate or minimise those hazards and risks; and for receiving, considering, and responding in a timely way to, information about those hazards and risks and any incidents; and for complying with the corporation’s safety duty; and verify the resources and processes mentioned in paragraphs (c) and (d) are being provided, implemented and used.\n- (a) acquire, and keep up to date, knowledge about the safe conduct of activities relating to providing a road-based public passenger service; and\n- (b) gain an understanding of— (i) the nature of the corporation’s activities relating to providing a road-based public passenger service; and (ii) the hazards and safety risks associated with those activities; and\n- (i) the nature of the corporation’s activities relating to providing a road-based public passenger service; and\n- (ii) the hazards and safety risks associated with those activities; and\n- (c) ensure the corporation has, and uses, appropriate resources to eliminate or minimise those hazards and risks; and\n- (d) ensure the corporation has, and implements, processes— (i) to eliminate or minimise those hazards and risks; and (ii) for receiving, considering, and responding in a timely way to, information about those hazards and risks and any incidents; and (iii) for complying with the corporation’s safety duty; and\n- (i) to eliminate or minimise those hazards and risks; and\n- (ii) for receiving, considering, and responding in a timely way to, information about those hazards and risks and any incidents; and\n- (iii) for complying with the corporation’s safety duty; and\n- (e) verify the resources and processes mentioned in paragraphs (c) and (d) are being provided, implemented and used.\n- (i) the nature of the corporation’s activities relating to providing a road-based public passenger service; and\n- (ii) the hazards and safety risks associated with those activities; and\n- (i) to eliminate or minimise those hazards and risks; and\n- (ii) for receiving, considering, and responding in a timely way to, information about those hazards and risks and any incidents; and\n- (iii) for complying with the corporation’s safety duty; and","sortOrder":134},{"sectionNumber":"ch.6A-pt.2-div.4","sectionType":"division","heading":"Further duties of particular duty holders for road-based public passenger services","content":"## Further duties of particular duty holders for road-based public passenger services","sortOrder":135},{"sectionNumber":"sec.67Q","sectionType":"section","heading":"Duties of operators of road-based public passenger services","content":"### sec.67Q Duties of operators of road-based public passenger services\n\nThis section applies to an operator of a road-based public passenger service in carrying out an activity for providing the service.\nWithout limiting section 67N , the operator must, so far as is reasonably practicable, when carrying out the activity—\nprovide and maintain safe systems to identify and manage safety risks; and\nmonitor and review safety risks; and\nensure any motor vehicle used in providing the service is provided and maintained in a safe condition; and\npromote safety and adherence to their duties under this part to all employees, contractors, drivers and other persons involved in providing the service; and\nensure any equipment or systems used in, or in connection with the operation of, a motor vehicle used in providing the service is fitted, operated and maintained in a safe condition; and\nimplement a process for monitoring drivers and other persons involved in providing the service to ensure they provide the service safely; and\nprovide sufficient information, training, and instruction to drivers and other persons involved in providing the service to enable them to provide the service safely.\ns 67Q ins 2024 No. 2 s 38\n(sec.67Q-ssec.1) This section applies to an operator of a road-based public passenger service in carrying out an activity for providing the service.\n(sec.67Q-ssec.2) Without limiting section 67N , the operator must, so far as is reasonably practicable, when carrying out the activity— provide and maintain safe systems to identify and manage safety risks; and monitor and review safety risks; and ensure any motor vehicle used in providing the service is provided and maintained in a safe condition; and promote safety and adherence to their duties under this part to all employees, contractors, drivers and other persons involved in providing the service; and ensure any equipment or systems used in, or in connection with the operation of, a motor vehicle used in providing the service is fitted, operated and maintained in a safe condition; and implement a process for monitoring drivers and other persons involved in providing the service to ensure they provide the service safely; and provide sufficient information, training, and instruction to drivers and other persons involved in providing the service to enable them to provide the service safely.\n- (a) provide and maintain safe systems to identify and manage safety risks; and\n- (b) monitor and review safety risks; and\n- (c) ensure any motor vehicle used in providing the service is provided and maintained in a safe condition; and\n- (d) promote safety and adherence to their duties under this part to all employees, contractors, drivers and other persons involved in providing the service; and\n- (e) ensure any equipment or systems used in, or in connection with the operation of, a motor vehicle used in providing the service is fitted, operated and maintained in a safe condition; and\n- (f) implement a process for monitoring drivers and other persons involved in providing the service to ensure they provide the service safely; and\n- (g) provide sufficient information, training, and instruction to drivers and other persons involved in providing the service to enable them to provide the service safely.","sortOrder":136},{"sectionNumber":"sec.67R","sectionType":"section","heading":"Duties of registered operators of motor vehicles used to provide road-based public passenger services","content":"### sec.67R Duties of registered operators of motor vehicles used to provide road-based public passenger services\n\nThis section applies to the registered operator of a motor vehicle used to provide a road-based public passenger service in carrying out an activity for providing the service.\nWithout limiting section 67N , the registered operator must, so far as is reasonably practicable, when carrying out the activity—\nensure the motor vehicle is provided and maintained in a safe condition; and\nensure any equipment or systems used in the motor vehicle are—\nfitted, operated and maintained in a safe condition; and\ntested and examined.\ns 67R ins 2024 No. 2 s 38\n(sec.67R-ssec.1) This section applies to the registered operator of a motor vehicle used to provide a road-based public passenger service in carrying out an activity for providing the service.\n(sec.67R-ssec.2) Without limiting section 67N , the registered operator must, so far as is reasonably practicable, when carrying out the activity— ensure the motor vehicle is provided and maintained in a safe condition; and ensure any equipment or systems used in the motor vehicle are— fitted, operated and maintained in a safe condition; and tested and examined.\n- (a) ensure the motor vehicle is provided and maintained in a safe condition; and\n- (b) ensure any equipment or systems used in the motor vehicle are— (i) fitted, operated and maintained in a safe condition; and (ii) tested and examined.\n- (i) fitted, operated and maintained in a safe condition; and\n- (ii) tested and examined.\n- (i) fitted, operated and maintained in a safe condition; and\n- (ii) tested and examined.","sortOrder":137},{"sectionNumber":"sec.67S","sectionType":"section","heading":"Duties of drivers of motor vehicles used to provide road-based public passenger services","content":"### sec.67S Duties of drivers of motor vehicles used to provide road-based public passenger services\n\nThis section applies to a driver of a motor vehicle used to provide a road-based public passenger service in carrying out an activity for providing the service.\nWithout limiting section 67O , the driver must, so far as is reasonably practicable, when carrying out the activity—\ncomply with any reasonable instruction that is given by another duty holder to allow the other duty holder to comply with their duties under this part; and\ncomply with any reasonable requirement of a policy or procedure that applies to another duty holder to allow the other duty holder to comply with their duties under this part.\ns 67S ins 2024 No. 2 s 38\n(sec.67S-ssec.1) This section applies to a driver of a motor vehicle used to provide a road-based public passenger service in carrying out an activity for providing the service.\n(sec.67S-ssec.2) Without limiting section 67O , the driver must, so far as is reasonably practicable, when carrying out the activity— comply with any reasonable instruction that is given by another duty holder to allow the other duty holder to comply with their duties under this part; and comply with any reasonable requirement of a policy or procedure that applies to another duty holder to allow the other duty holder to comply with their duties under this part.\n- (a) comply with any reasonable instruction that is given by another duty holder to allow the other duty holder to comply with their duties under this part; and\n- (b) comply with any reasonable requirement of a policy or procedure that applies to another duty holder to allow the other duty holder to comply with their duties under this part.","sortOrder":138},{"sectionNumber":"sec.67T","sectionType":"section","heading":"Duties of booking service providers","content":"### sec.67T Duties of booking service providers\n\nThis section applies to a booking service provider for a road-based public passenger service in carrying out an activity for providing the service.\nWithout limiting section 67N , the booking service provider must, so far as is reasonably practicable, when carrying out the activity—\nprovide and maintain safe systems to identify and manage safety risks; and\nmonitor and review safety risks for the service; and\npromote safety and adherence to their duties under this part to all employees, contractors, drivers and other persons involved in providing the service; and\nprovide sufficient information, training, and instruction to drivers and other persons involved in providing the service to enable them to provide the service safely; and\nimplement a process for monitoring drivers and other persons involved in providing the service to ensure they provide the service safely; and\nimplement a procedure by which drivers and other persons involved in providing the service are aware of safety equipment to be used in providing the service.\ns 67T ins 2024 No. 2 s 38\n(sec.67T-ssec.1) This section applies to a booking service provider for a road-based public passenger service in carrying out an activity for providing the service.\n(sec.67T-ssec.2) Without limiting section 67N , the booking service provider must, so far as is reasonably practicable, when carrying out the activity— provide and maintain safe systems to identify and manage safety risks; and monitor and review safety risks for the service; and promote safety and adherence to their duties under this part to all employees, contractors, drivers and other persons involved in providing the service; and provide sufficient information, training, and instruction to drivers and other persons involved in providing the service to enable them to provide the service safely; and implement a process for monitoring drivers and other persons involved in providing the service to ensure they provide the service safely; and implement a procedure by which drivers and other persons involved in providing the service are aware of safety equipment to be used in providing the service.\n- (a) provide and maintain safe systems to identify and manage safety risks; and\n- (b) monitor and review safety risks for the service; and\n- (c) promote safety and adherence to their duties under this part to all employees, contractors, drivers and other persons involved in providing the service; and\n- (d) provide sufficient information, training, and instruction to drivers and other persons involved in providing the service to enable them to provide the service safely; and\n- (e) implement a process for monitoring drivers and other persons involved in providing the service to ensure they provide the service safely; and\n- (f) implement a procedure by which drivers and other persons involved in providing the service are aware of safety equipment to be used in providing the service.","sortOrder":139},{"sectionNumber":"sec.67U","sectionType":"section","heading":"Duties of holders of personalised transport service licences","content":"### sec.67U Duties of holders of personalised transport service licences\n\nThis section applies to the holder of a personalised transport service licence for a road-based public passenger service in carrying out an activity for providing the service.\nWithout limiting section 67N , the holder of the licence must, so far as is reasonably practicable, when carrying out the activity—\nrespond in a timely way to eliminate or minimise any identified safety risks; and\npromote safety and adherence to their duties under this part to all employees, contractors, drivers and other persons involved in providing the service.\ns 67U ins 2024 No. 2 s 38\n(sec.67U-ssec.1) This section applies to the holder of a personalised transport service licence for a road-based public passenger service in carrying out an activity for providing the service.\n(sec.67U-ssec.2) Without limiting section 67N , the holder of the licence must, so far as is reasonably practicable, when carrying out the activity— respond in a timely way to eliminate or minimise any identified safety risks; and promote safety and adherence to their duties under this part to all employees, contractors, drivers and other persons involved in providing the service.\n- (a) respond in a timely way to eliminate or minimise any identified safety risks; and\n- (b) promote safety and adherence to their duties under this part to all employees, contractors, drivers and other persons involved in providing the service.","sortOrder":140},{"sectionNumber":"ch.6A-pt.2-div.5","sectionType":"division","heading":"Failing to comply with safety duties","content":"## Failing to comply with safety duties","sortOrder":141},{"sectionNumber":"sec.67V","sectionType":"section","heading":"Reckless conduct—category 1","content":"### sec.67V Reckless conduct—category 1\n\nA person commits an offence if—\nthe person has a safety duty; and\nthe person, without a reasonable excuse, engages in conduct related to the duty that exposes an individual, or class of individuals, to a risk of death or serious injury or illness; and\nthe person is reckless to the risk.\nMaximum penalty—\nfor an individual—3,000 penalty units or 5 years imprisonment; or\nfor a corporation—30,000 penalty units.\nThe prosecution bears the burden of proving that the conduct was engaged in without reasonable excuse.\ns 67V ins 2024 No. 2 s 38\n(sec.67V-ssec.1) A person commits an offence if— the person has a safety duty; and the person, without a reasonable excuse, engages in conduct related to the duty that exposes an individual, or class of individuals, to a risk of death or serious injury or illness; and the person is reckless to the risk. Maximum penalty— for an individual—3,000 penalty units or 5 years imprisonment; or for a corporation—30,000 penalty units.\n(sec.67V-ssec.2) The prosecution bears the burden of proving that the conduct was engaged in without reasonable excuse.\n- (a) the person has a safety duty; and\n- (b) the person, without a reasonable excuse, engages in conduct related to the duty that exposes an individual, or class of individuals, to a risk of death or serious injury or illness; and\n- (c) the person is reckless to the risk.\n- (a) for an individual—3,000 penalty units or 5 years imprisonment; or\n- (b) for a corporation—30,000 penalty units.","sortOrder":142},{"sectionNumber":"sec.67W","sectionType":"section","heading":"Failure to comply with duty—category 2","content":"### sec.67W Failure to comply with duty—category 2\n\nA person commits an offence if—\nthe person has a safety duty; and\nthe person contravenes the duty; and\nthe person’s contravention exposes an individual, or class of individuals, to a risk of death or serious injury or illness.\nMaximum penalty—\nfor an individual—1,500 penalty units; or\nfor a corporation—15,000 penalty units.\ns 67W ins 2024 No. 2 s 38\n- (a) the person has a safety duty; and\n- (b) the person contravenes the duty; and\n- (c) the person’s contravention exposes an individual, or class of individuals, to a risk of death or serious injury or illness.\n- (a) for an individual—1,500 penalty units; or\n- (b) for a corporation—15,000 penalty units.","sortOrder":143},{"sectionNumber":"sec.67X","sectionType":"section","heading":"Failure to comply with duty—category 3","content":"### sec.67X Failure to comply with duty—category 3\n\nA person commits an offence if—\nthe person has a safety duty; and\nthe person contravenes the duty.\nMaximum penalty—\nfor an individual—500 penalty units; or\nfor a corporation—5,000 penalty units.\ns 67X ins 2024 No. 2 s 38\n- (a) the person has a safety duty; and\n- (b) the person contravenes the duty.\n- (a) for an individual—500 penalty units; or\n- (b) for a corporation—5,000 penalty units.","sortOrder":144},{"sectionNumber":"ch.6A-pt.2-div.6","sectionType":"division","heading":"Duties relating to fatigue management","content":"## Duties relating to fatigue management","sortOrder":145},{"sectionNumber":"sec.67Y","sectionType":"section","heading":"Regulation may impose other duties or requirements about fatigue management","content":"### sec.67Y Regulation may impose other duties or requirements about fatigue management\n\nA regulation may impose other duties or requirements on a duty holder for a road-based public passenger service about managing driver fatigue.\nA regulation under subsection (1) may, for example, impose—\nstandards about time spent driving a motor vehicle; and\nrequirements about monitoring, recording and reporting about time spent driving a motor vehicle; and\nrequirements about using particular equipment or technology for managing fatigue; and\nrequirements for training drivers and other duty holders about managing driver fatigue.\ns 67Y ins 2024 No. 2 s 38\n(sec.67Y-ssec.1) A regulation may impose other duties or requirements on a duty holder for a road-based public passenger service about managing driver fatigue.\n(sec.67Y-ssec.2) A regulation under subsection (1) may, for example, impose— standards about time spent driving a motor vehicle; and requirements about monitoring, recording and reporting about time spent driving a motor vehicle; and requirements about using particular equipment or technology for managing fatigue; and requirements for training drivers and other duty holders about managing driver fatigue.\n- (a) standards about time spent driving a motor vehicle; and\n- (b) requirements about monitoring, recording and reporting about time spent driving a motor vehicle; and\n- (c) requirements about using particular equipment or technology for managing fatigue; and\n- (d) requirements for training drivers and other duty holders about managing driver fatigue.","sortOrder":146},{"sectionNumber":"ch.6A-pt.3","sectionType":"part","heading":"Safety management plans","content":"# Safety management plans","sortOrder":147},{"sectionNumber":"sec.67Z","sectionType":"section","heading":"Definition for part","content":"### sec.67Z Definition for part\n\nIn this part—\nresponsible duty holder , for a road-based public passenger service, means any of the following duty holders—\nan operator of the service;\na booking service provider for the service;\na duty holder prescribed by regulation for this paragraph.\ns 67Z ins 2024 No. 2 s 38\n- (a) an operator of the service;\n- (b) a booking service provider for the service;\n- (c) a duty holder prescribed by regulation for this paragraph.","sortOrder":148},{"sectionNumber":"sec.67ZA","sectionType":"section","heading":"Meaning of safety management plan","content":"### sec.67ZA Meaning of safety management plan\n\nA safety management plan , for a responsible duty holder, is a document that sets out a plan for—\nprotecting the safety of persons who may be affected by activities carried out in the course of the provision of a road-based public passenger service; and\nensuring the responsible duty holder meets the obligations under the safety duties that are imposed on the duty holder under this chapter.\nIn this section—\nsafety duty see section 67H .\ns 67ZA ins 2024 No. 2 s 38\n(sec.67ZA-ssec.1) A safety management plan , for a responsible duty holder, is a document that sets out a plan for— protecting the safety of persons who may be affected by activities carried out in the course of the provision of a road-based public passenger service; and ensuring the responsible duty holder meets the obligations under the safety duties that are imposed on the duty holder under this chapter.\n(sec.67ZA-ssec.2) In this section— safety duty see section 67H .\n- (a) protecting the safety of persons who may be affected by activities carried out in the course of the provision of a road-based public passenger service; and\n- (b) ensuring the responsible duty holder meets the obligations under the safety duties that are imposed on the duty holder under this chapter.","sortOrder":149},{"sectionNumber":"sec.67ZB","sectionType":"section","heading":"Requirements for safety management plans","content":"### sec.67ZB Requirements for safety management plans\n\nA safety management plan for a responsible duty holder must—\nidentify and describe each hazard arising from the work carried out by the duty holder in providing the service; and\nassess the safety risks that might arise because of exposure to a hazard mentioned in paragraph (a) ; and\noutline the actions to be taken to eliminate the safety risks mentioned in paragraph (b) , or, to the extent it is not reasonably practicable to eliminate the safety risks, minimise those risks; and\nidentify the person, or class of persons, responsible for taking the action mentioned in paragraph (c) .\nA safety management plan for a responsible duty holder must also comply with any requirements prescribed by regulation.\nWithout limiting subsection (2) , a regulation may prescribe requirements about the following—\nthe form of a safety management plan;\nthe accessibility of a safety management plan;\nthe development or review of a safety management plan;\nconsultation for the development or review of a safety management plan;\nthe period for keeping a safety management plan;\ncompliance with a stated code.\nIn this section—\nsafety risk see section 67H .\ns 67ZB ins 2024 No. 2 s 38\n(sec.67ZB-ssec.1) A safety management plan for a responsible duty holder must— identify and describe each hazard arising from the work carried out by the duty holder in providing the service; and assess the safety risks that might arise because of exposure to a hazard mentioned in paragraph (a) ; and outline the actions to be taken to eliminate the safety risks mentioned in paragraph (b) , or, to the extent it is not reasonably practicable to eliminate the safety risks, minimise those risks; and identify the person, or class of persons, responsible for taking the action mentioned in paragraph (c) .\n(sec.67ZB-ssec.2) A safety management plan for a responsible duty holder must also comply with any requirements prescribed by regulation.\n(sec.67ZB-ssec.3) Without limiting subsection (2) , a regulation may prescribe requirements about the following— the form of a safety management plan; the accessibility of a safety management plan; the development or review of a safety management plan; consultation for the development or review of a safety management plan; the period for keeping a safety management plan; compliance with a stated code.\n(sec.67ZB-ssec.4) In this section— safety risk see section 67H .\n- (a) identify and describe each hazard arising from the work carried out by the duty holder in providing the service; and\n- (b) assess the safety risks that might arise because of exposure to a hazard mentioned in paragraph (a) ; and\n- (c) outline the actions to be taken to eliminate the safety risks mentioned in paragraph (b) , or, to the extent it is not reasonably practicable to eliminate the safety risks, minimise those risks; and\n- (d) identify the person, or class of persons, responsible for taking the action mentioned in paragraph (c) .\n- (a) the form of a safety management plan;\n- (b) the accessibility of a safety management plan;\n- (c) the development or review of a safety management plan;\n- (d) consultation for the development or review of a safety management plan;\n- (e) the period for keeping a safety management plan;\n- (f) compliance with a stated code.","sortOrder":150},{"sectionNumber":"sec.67ZC","sectionType":"section","heading":"Particular obligations about safety management plan","content":"### sec.67ZC Particular obligations about safety management plan\n\nA responsible duty holder must have a safety management plan that complies with the requirements of section 67ZB .\nMaximum penalty—\nfor an individual—100 penalty units; or\nfor a corporation—1,000 penalty units.\nA responsible duty holder must ensure the duty holder’s safety management plan is implemented.\nMaximum penalty—\nfor an individual—100 penalty units; or\nfor a corporation—1,000 penalty units.\nSubsection (4) applies to each duty holder for a road-based public passenger service.\nThe duty holder must, so far as is reasonably practicable, comply with any safety management plan to the extent the safety management plan applies to that duty holder.\nMaximum penalty—\nfor an individual—100 penalty units; or\nfor a corporation—1,000 penalty units.\ns 67ZC ins 2024 No. 2 s 38\n(sec.67ZC-ssec.1) A responsible duty holder must have a safety management plan that complies with the requirements of section 67ZB . Maximum penalty— for an individual—100 penalty units; or for a corporation—1,000 penalty units.\n(sec.67ZC-ssec.2) A responsible duty holder must ensure the duty holder’s safety management plan is implemented. Maximum penalty— for an individual—100 penalty units; or for a corporation—1,000 penalty units.\n(sec.67ZC-ssec.3) Subsection (4) applies to each duty holder for a road-based public passenger service.\n(sec.67ZC-ssec.4) The duty holder must, so far as is reasonably practicable, comply with any safety management plan to the extent the safety management plan applies to that duty holder. Maximum penalty— for an individual—100 penalty units; or for a corporation—1,000 penalty units.\n- (a) for an individual—100 penalty units; or\n- (b) for a corporation—1,000 penalty units.\n- (a) for an individual—100 penalty units; or\n- (b) for a corporation—1,000 penalty units.\n- (a) for an individual—100 penalty units; or\n- (b) for a corporation—1,000 penalty units.","sortOrder":151},{"sectionNumber":"ch.6A-pt.4","sectionType":"part","heading":"Audits","content":"# Audits","sortOrder":152},{"sectionNumber":"sec.67ZD","sectionType":"section","heading":"Purpose of part","content":"### sec.67ZD Purpose of part\n\nThe purpose of this part is to allow the chief executive or an authorised person to carry out an audit of a duty holder for a road-based public passenger service for either or both of the following purposes—\nto assess the duty holder’s compliance with relevant transport legislation in relation to—\nproviding the service; or\na motor vehicle used to provide the service;\nto verify information given to the chief executive or the authorised person about the duty holder’s business activities in relation to providing the service.\ns 67ZD ins 2024 No. 2 s 38\n- (a) to assess the duty holder’s compliance with relevant transport legislation in relation to— (i) providing the service; or (ii) a motor vehicle used to provide the service;\n- (i) providing the service; or\n- (ii) a motor vehicle used to provide the service;\n- (b) to verify information given to the chief executive or the authorised person about the duty holder’s business activities in relation to providing the service.\n- (i) providing the service; or\n- (ii) a motor vehicle used to provide the service;","sortOrder":153},{"sectionNumber":"sec.67ZE","sectionType":"section","heading":"Audit notice","content":"### sec.67ZE Audit notice\n\nThe chief executive or an authorised person may give a duty holder for a road-based public passenger service a written notice (an audit notice ) requiring the duty holder—\nto allow the chief executive or authorised person to carry out an audit, within the period stated in the notice, of the duty holder’s business activities for a purpose mentioned in section 67ZD ; and\nto cooperate with every reasonable requirement of the chief executive or authorised person for carrying out the audit.\nAn audit notice must state the following—\nthe purpose of the audit;\nthe period during which the audit is to be carried out;\nthat a report of the audit will be given to the duty holder;\nother matters prescribed by regulation.\nThe chief executive may give a duty holder an audit notice as frequently as the chief executive reasonably requires for a purpose mentioned in section 67ZD .\ns 67ZE ins 2024 No. 2 s 38\n(sec.67ZE-ssec.1) The chief executive or an authorised person may give a duty holder for a road-based public passenger service a written notice (an audit notice ) requiring the duty holder— to allow the chief executive or authorised person to carry out an audit, within the period stated in the notice, of the duty holder’s business activities for a purpose mentioned in section 67ZD ; and to cooperate with every reasonable requirement of the chief executive or authorised person for carrying out the audit.\n(sec.67ZE-ssec.2) An audit notice must state the following— the purpose of the audit; the period during which the audit is to be carried out; that a report of the audit will be given to the duty holder; other matters prescribed by regulation.\n(sec.67ZE-ssec.3) The chief executive may give a duty holder an audit notice as frequently as the chief executive reasonably requires for a purpose mentioned in section 67ZD .\n- (a) to allow the chief executive or authorised person to carry out an audit, within the period stated in the notice, of the duty holder’s business activities for a purpose mentioned in section 67ZD ; and\n- (b) to cooperate with every reasonable requirement of the chief executive or authorised person for carrying out the audit.\n- (a) the purpose of the audit;\n- (b) the period during which the audit is to be carried out;\n- (c) that a report of the audit will be given to the duty holder;\n- (d) other matters prescribed by regulation.","sortOrder":154},{"sectionNumber":"sec.67ZF","sectionType":"section","heading":"Failure to comply with audit notice","content":"### sec.67ZF Failure to comply with audit notice\n\nA duty holder for a road-based public passenger service who is given an audit notice must comply with the notice unless the duty holder has a reasonable excuse.\nMaximum penalty—160 penalty units.\ns 67ZF ins 2024 No. 2 s 38","sortOrder":155},{"sectionNumber":"sec.67ZG","sectionType":"section","heading":"Audit report","content":"### sec.67ZG Audit report\n\nAs soon as practicable after an audit is carried out, the chief executive must give a report about the audit to the duty holder for a road-based public passenger service whose business activities were audited.\nAn audit report must include the matters prescribed by regulation.\ns 67ZG ins 2024 No. 2 s 38\n(sec.67ZG-ssec.1) As soon as practicable after an audit is carried out, the chief executive must give a report about the audit to the duty holder for a road-based public passenger service whose business activities were audited.\n(sec.67ZG-ssec.2) An audit report must include the matters prescribed by regulation.","sortOrder":156},{"sectionNumber":"ch.6A-pt.5","sectionType":"part","heading":"Directions to comply","content":"# Directions to comply","sortOrder":157},{"sectionNumber":"sec.67ZH","sectionType":"section","heading":"Direction to comply","content":"### sec.67ZH Direction to comply\n\nThis section applies if the chief executive or an authorised person is satisfied a duty holder for a road-based public passenger service has not complied with a provision of relevant transport legislation in relation to—\nproviding a road-based public passenger service; or\na motor vehicle used to provide a road-based public passenger service.\nThe chief executive or authorised person may give the duty holder a written direction to—\nif the duty holder’s noncompliance exposes an individual to a risk of death or serious injury or illness—\nimmediately comply with the provision of relevant transport legislation; and\ntake the action stated in the direction to remedy the noncompliance; or\notherwise—comply with the provision of relevant transport legislation within the period of not less than 5 business days stated in the direction.\nA direction must—\nidentify the noncompliance; and\nstate that failure to comply with the direction, without a reasonable excuse, is an offence; and\nstate the direction does not relieve the duty holder from the obligation to comply with another provision of relevant transport legislation.\nThe chief executive may, by written notice, extend the period for complying with a provision of relevant transport legislation for a direction given under subsection (2) (b) .\nThe duty holder to whom a direction is given under subsection (2) must not contravene the direction unless the duty holder has a reasonable excuse.\nMaximum penalty—\nfor contravention of a direction mentioned in subsection (2) (a) —320 penalty units; or\notherwise—160 penalty units.\ns 67ZH ins 2024 No. 2 s 38\n(sec.67ZH-ssec.1) This section applies if the chief executive or an authorised person is satisfied a duty holder for a road-based public passenger service has not complied with a provision of relevant transport legislation in relation to— providing a road-based public passenger service; or a motor vehicle used to provide a road-based public passenger service.\n(sec.67ZH-ssec.2) The chief executive or authorised person may give the duty holder a written direction to— if the duty holder’s noncompliance exposes an individual to a risk of death or serious injury or illness— immediately comply with the provision of relevant transport legislation; and take the action stated in the direction to remedy the noncompliance; or otherwise—comply with the provision of relevant transport legislation within the period of not less than 5 business days stated in the direction.\n(sec.67ZH-ssec.3) A direction must— identify the noncompliance; and state that failure to comply with the direction, without a reasonable excuse, is an offence; and state the direction does not relieve the duty holder from the obligation to comply with another provision of relevant transport legislation.\n(sec.67ZH-ssec.4) The chief executive may, by written notice, extend the period for complying with a provision of relevant transport legislation for a direction given under subsection (2) (b) .\n(sec.67ZH-ssec.5) The duty holder to whom a direction is given under subsection (2) must not contravene the direction unless the duty holder has a reasonable excuse. Maximum penalty— for contravention of a direction mentioned in subsection (2) (a) —320 penalty units; or otherwise—160 penalty units.\n- (a) providing a road-based public passenger service; or\n- (b) a motor vehicle used to provide a road-based public passenger service.\n- (a) if the duty holder’s noncompliance exposes an individual to a risk of death or serious injury or illness— (i) immediately comply with the provision of relevant transport legislation; and (ii) take the action stated in the direction to remedy the noncompliance; or\n- (i) immediately comply with the provision of relevant transport legislation; and\n- (ii) take the action stated in the direction to remedy the noncompliance; or\n- (b) otherwise—comply with the provision of relevant transport legislation within the period of not less than 5 business days stated in the direction.\n- (i) immediately comply with the provision of relevant transport legislation; and\n- (ii) take the action stated in the direction to remedy the noncompliance; or\n- (a) identify the noncompliance; and\n- (b) state that failure to comply with the direction, without a reasonable excuse, is an offence; and\n- (c) state the direction does not relieve the duty holder from the obligation to comply with another provision of relevant transport legislation.\n- (a) for contravention of a direction mentioned in subsection (2) (a) —320 penalty units; or\n- (b) otherwise—160 penalty units.","sortOrder":158},{"sectionNumber":"ch.7-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":159},{"sectionNumber":"sec.68","sectionType":"section","heading":"Main purpose of chapter","content":"### sec.68 Main purpose of chapter\n\nThe main purpose of this chapter is to regulate taxi services, booked hire services and booking services to ensure—\ntaxi services and booked hire services are provided safely using vehicles that are safe; and\ntaxi services, booked hire services and booking services are accessible to members of the public generally and to particular classes of people, including, for example, people with disability, older people and people in regional and remote areas of Queensland; and\nall persons who are involved in providing taxi services, booked hire services and booking services are suitable to provide the services and are accountable.\ns 68 prev s 68 om 2017 No. 18 s 17\npres s 68 ins 2017 No. 18 s 18\n- (a) taxi services and booked hire services are provided safely using vehicles that are safe; and\n- (b) taxi services, booked hire services and booking services are accessible to members of the public generally and to particular classes of people, including, for example, people with disability, older people and people in regional and remote areas of Queensland; and\n- (c) all persons who are involved in providing taxi services, booked hire services and booking services are suitable to provide the services and are accountable.","sortOrder":160},{"sectionNumber":"sec.69","sectionType":"section","heading":"Definitions for chapter","content":"### sec.69 Definitions for chapter\n\nIn this chapter—\nhire on-the-spot , in relation to a vehicle and its driver, means arranging, in person, the hire of the vehicle and its driver for a journey to start immediately or shortly after the vehicle and its driver are hired.\nrelevant transport legislation means the following legislation—\nthis Act;\nthe Transport Operations (Road Use Management) Act 1995 ;\nthe Motor Accident Insurance Act 1994 .\ns 69 prev s 69 om 2017 No. 18 s 17\npres s 69 ins 2017 No. 18 s 18\n- (a) this Act;\n- (b) the Transport Operations (Road Use Management) Act 1995 ;\n- (c) the Motor Accident Insurance Act 1994 .","sortOrder":161},{"sectionNumber":"sec.70","sectionType":"section","heading":"What is a taxi service","content":"### sec.70 What is a taxi service\n\nA taxi service is a public passenger service for a journey that starts in Queensland—\nprovided by the hire of—\na motor vehicle that has not more than 12 seating positions, including the driver’s position; and\na person to drive the vehicle; and\nunder which the vehicle plies or stands for hire by members of the public in a public place.\nFor this chapter, the circumstances in which a vehicle plies or stands for hire by members of the public in a public place include the circumstances in which the vehicle and its driver are made available for hire on-the-spot by members of the public, including, for example, by—\nthe vehicle standing at a taxi rank or other place where members of the public might reasonably expect taxis to be available for hire on-the-spot; or\nthe vehicle having a sign, marking, light or other thing on it that might reasonably indicate to members of the public it is a taxi or another vehicle available for hire on-the-spot.\nFor subsection (1) , it does not matter where the journey ends or if the journey involves leaving and re-entering Queensland.\ns 70 prev s 70 amd 2007 No. 25 s 4 ; 2007 No. 43 s 20\nsub 2016 No. 13 s 3\nom 2017 No. 18 s 17\npres s 70 ins 2017 No. 18 s 18\n(sec.70-ssec.1) A taxi service is a public passenger service for a journey that starts in Queensland— provided by the hire of— a motor vehicle that has not more than 12 seating positions, including the driver’s position; and a person to drive the vehicle; and under which the vehicle plies or stands for hire by members of the public in a public place.\n(sec.70-ssec.2) For this chapter, the circumstances in which a vehicle plies or stands for hire by members of the public in a public place include the circumstances in which the vehicle and its driver are made available for hire on-the-spot by members of the public, including, for example, by— the vehicle standing at a taxi rank or other place where members of the public might reasonably expect taxis to be available for hire on-the-spot; or the vehicle having a sign, marking, light or other thing on it that might reasonably indicate to members of the public it is a taxi or another vehicle available for hire on-the-spot.\n(sec.70-ssec.3) For subsection (1) , it does not matter where the journey ends or if the journey involves leaving and re-entering Queensland.\n- (a) provided by the hire of— (i) a motor vehicle that has not more than 12 seating positions, including the driver’s position; and (ii) a person to drive the vehicle; and\n- (i) a motor vehicle that has not more than 12 seating positions, including the driver’s position; and\n- (ii) a person to drive the vehicle; and\n- (b) under which the vehicle plies or stands for hire by members of the public in a public place.\n- (i) a motor vehicle that has not more than 12 seating positions, including the driver’s position; and\n- (ii) a person to drive the vehicle; and\n- (a) the vehicle standing at a taxi rank or other place where members of the public might reasonably expect taxis to be available for hire on-the-spot; or\n- (b) the vehicle having a sign, marking, light or other thing on it that might reasonably indicate to members of the public it is a taxi or another vehicle available for hire on-the-spot.","sortOrder":162},{"sectionNumber":"sec.71","sectionType":"section","heading":"What is a booked hire service","content":"### sec.71 What is a booked hire service\n\nA booked hire service is a public passenger service for a journey that starts in Queensland—\nprovided by the hire, other than the hire on-the-spot, of—\na motor vehicle that has not more than 12 seating positions, including the driver’s position, or is a limousine; and\na person to drive the vehicle; and\nthat may be used by the public, or a substantial part of the public, whether or not use of the service is subject to compliance with a condition.\nholding an account or membership to use the service\nFor subsection (1) , it does not matter where the journey ends or if the journey involves leaving and re-entering Queensland.\ns 71 prev s 71 om 2017 No. 18 s 17\npres s 71 ins 2017 No. 18 s 18\n(sec.71-ssec.1) A booked hire service is a public passenger service for a journey that starts in Queensland— provided by the hire, other than the hire on-the-spot, of— a motor vehicle that has not more than 12 seating positions, including the driver’s position, or is a limousine; and a person to drive the vehicle; and that may be used by the public, or a substantial part of the public, whether or not use of the service is subject to compliance with a condition. holding an account or membership to use the service\n(sec.71-ssec.2) For subsection (1) , it does not matter where the journey ends or if the journey involves leaving and re-entering Queensland.\n- (a) provided by the hire, other than the hire on-the-spot, of— (i) a motor vehicle that has not more than 12 seating positions, including the driver’s position, or is a limousine; and (ii) a person to drive the vehicle; and\n- (i) a motor vehicle that has not more than 12 seating positions, including the driver’s position, or is a limousine; and\n- (ii) a person to drive the vehicle; and\n- (b) that may be used by the public, or a substantial part of the public, whether or not use of the service is subject to compliance with a condition. Example of a condition for using a public passenger service— holding an account or membership to use the service\n- (i) a motor vehicle that has not more than 12 seating positions, including the driver’s position, or is a limousine; and\n- (ii) a person to drive the vehicle; and","sortOrder":163},{"sectionNumber":"sec.72","sectionType":"section","heading":"What is a booking service","content":"### sec.72 What is a booking service\n\nA booking service is a service under which a person arranges a booking for the person or another person to drive a motor vehicle to provide a booked hire service.\nA person arranges a booking for the person to drive a motor vehicle to provide a booked hire service by accepting the booking.\nA person arranges a booking for another person to drive a motor vehicle to provide a booked hire service—\nif the person uses a booking system that requires the other person to accept the booking—by arranging for the booking to be accepted by the other person; or\notherwise—by assigning the booking to the other person.\nFor this section, a booking may be accepted by, or assigned to, a person in any way, including, for example—\nin person; or\nThe driver of a motor vehicle accepts, in person, a booking from a person to drive the person for a journey to start in 2 days.\nby telephone or other telecommunication device; or\nby using an electronic booking system.\nan electronic system that offers bookings to drivers and allows drivers to use an app on an electronic device to accept bookings\nAlso, for this section, it does not matter if the person who arranges a booking is in another State or a place that is outside Australia.\ns 72 prev s 72 om 2017 No. 18 s 17\npres s 72 ins 2017 No. 18 s 18\n(sec.72-ssec.1) A booking service is a service under which a person arranges a booking for the person or another person to drive a motor vehicle to provide a booked hire service.\n(sec.72-ssec.2) A person arranges a booking for the person to drive a motor vehicle to provide a booked hire service by accepting the booking.\n(sec.72-ssec.3) A person arranges a booking for another person to drive a motor vehicle to provide a booked hire service— if the person uses a booking system that requires the other person to accept the booking—by arranging for the booking to be accepted by the other person; or otherwise—by assigning the booking to the other person.\n(sec.72-ssec.4) For this section, a booking may be accepted by, or assigned to, a person in any way, including, for example— in person; or The driver of a motor vehicle accepts, in person, a booking from a person to drive the person for a journey to start in 2 days. by telephone or other telecommunication device; or by using an electronic booking system. an electronic system that offers bookings to drivers and allows drivers to use an app on an electronic device to accept bookings\n(sec.72-ssec.5) Also, for this section, it does not matter if the person who arranges a booking is in another State or a place that is outside Australia.\n- (a) if the person uses a booking system that requires the other person to accept the booking—by arranging for the booking to be accepted by the other person; or\n- (b) otherwise—by assigning the booking to the other person.\n- (a) in person; or Example of a booking accepted in person— The driver of a motor vehicle accepts, in person, a booking from a person to drive the person for a journey to start in 2 days.\n- (b) by telephone or other telecommunication device; or\n- (c) by using an electronic booking system. Example of an electronic booking system— an electronic system that offers bookings to drivers and allows drivers to use an app on an electronic device to accept bookings","sortOrder":164},{"sectionNumber":"sec.73","sectionType":"section","heading":"When a person provides a taxi service or booked hire service","content":"### sec.73 When a person provides a taxi service or booked hire service\n\nFor this chapter, a person provides a taxi service or booked hire service using a motor vehicle if the person—\nis an operator of the service; or\ndrives the vehicle; or\nfor a booked hire service—provides a booking service for the service.\ns 73 prev s 73 amd 1997 No. 66 s 88 ; 2007 No. 43 s 21\nom 2017 No. 18 s 17\npres s 73 ins 2017 No. 18 s 18\n- (a) is an operator of the service; or\n- (b) drives the vehicle; or\n- (c) for a booked hire service—provides a booking service for the service.","sortOrder":165},{"sectionNumber":"ch.7-pt.2","sectionType":"part","heading":"Taxi services and booked hire services","content":"# Taxi services and booked hire services","sortOrder":166},{"sectionNumber":"ch.7-pt.2-div.1","sectionType":"division","heading":"Providing services","content":"## Providing services","sortOrder":167},{"sectionNumber":"sec.74","sectionType":"section","heading":"Taxi service may only be provided using a taxi","content":"### sec.74 Taxi service may only be provided using a taxi\n\nA person must not provide a taxi service using a motor vehicle that is not a taxi.\nMaximum penalty—\nif the person is the driver of the motor vehicle—\nfor a first offence—200 penalty units; or\nfor a second or later offence—400 penalty units; or\notherwise—\nfor a first offence—200 penalty units; or\nfor a second offence—400 penalty units; or\nfor a third or later offence—3,000 penalty units.\nA person in control of a motor vehicle that is not a taxi must not engage in conduct that involves the vehicle plying or standing for hire by members of the public in a public place.\nMaximum penalty—\nfor a first offence—200 penalty units; or\nfor a second or later offence—400 penalty units.\nSee section 70 (2) for particular circumstances in which a vehicle plies or stands for hire.\nSubsection (2) does not apply if the motor vehicle has more than 12 seating positions, including the driver’s position.\nThis section does not apply to a taxi service prescribed under a regulation as a taxi service to which this section does not apply.\nSee sections 150B and 150C in relation to the application of the penalty for subsections (1) and (2) .\ns 74 prev s 74 amd 1996 No. 43 s 4 ; 1997 No. 66 s 89 ; 2000 No. 6 s 63 ; 2007 No. 43 s 22\nom 2017 No. 18 s 17\npres s 74 ins 2017 No. 18 s 18\n(sec.74-ssec.1) A person must not provide a taxi service using a motor vehicle that is not a taxi. Maximum penalty— if the person is the driver of the motor vehicle— for a first offence—200 penalty units; or for a second or later offence—400 penalty units; or otherwise— for a first offence—200 penalty units; or for a second offence—400 penalty units; or for a third or later offence—3,000 penalty units.\n(sec.74-ssec.2) A person in control of a motor vehicle that is not a taxi must not engage in conduct that involves the vehicle plying or standing for hire by members of the public in a public place. Maximum penalty— for a first offence—200 penalty units; or for a second or later offence—400 penalty units. See section 70 (2) for particular circumstances in which a vehicle plies or stands for hire.\n(sec.74-ssec.3) Subsection (2) does not apply if the motor vehicle has more than 12 seating positions, including the driver’s position.\n(sec.74-ssec.4) This section does not apply to a taxi service prescribed under a regulation as a taxi service to which this section does not apply.\n- (a) if the person is the driver of the motor vehicle— (i) for a first offence—200 penalty units; or (ii) for a second or later offence—400 penalty units; or\n- (i) for a first offence—200 penalty units; or\n- (ii) for a second or later offence—400 penalty units; or\n- (b) otherwise— (i) for a first offence—200 penalty units; or (ii) for a second offence—400 penalty units; or (iii) for a third or later offence—3,000 penalty units.\n- (i) for a first offence—200 penalty units; or\n- (ii) for a second offence—400 penalty units; or\n- (iii) for a third or later offence—3,000 penalty units.\n- (i) for a first offence—200 penalty units; or\n- (ii) for a second or later offence—400 penalty units; or\n- (i) for a first offence—200 penalty units; or\n- (ii) for a second offence—400 penalty units; or\n- (iii) for a third or later offence—3,000 penalty units.\n- (a) for a first offence—200 penalty units; or\n- (b) for a second or later offence—400 penalty units.","sortOrder":168},{"sectionNumber":"sec.74AA","sectionType":"section","heading":null,"content":"### Section sec.74AA\n\ns 74AA (prev s 74(5)) amd 2000 No. 6 s 63(3)\nrenum 2000 No. 6 s 63(4)\namd 2007 No. 25 s 5 ; 2007 No. 43 s 23\nom 2017 No. 18 s 17","sortOrder":169},{"sectionNumber":"sec.74AB","sectionType":"section","heading":null,"content":"### Section sec.74AB\n\ns 74AB ins 2000 No. 6 s 64\namd 2007 No. 43 s 24\nom 2017 No. 18 s 17","sortOrder":170},{"sectionNumber":"sec.74AC","sectionType":"section","heading":null,"content":"### Section sec.74AC\n\ns 74AC ins 2012 No. 31 s 18\nom 2017 No. 18 s 17","sortOrder":171},{"sectionNumber":"sec.74A","sectionType":"section","heading":null,"content":"### Section sec.74A\n\ns 74A ins 1996 No. 43 s 5\nom 2017 No. 18 s 17","sortOrder":172},{"sectionNumber":"sec.74B","sectionType":"section","heading":null,"content":"### Section sec.74B\n\ns 74B ins 1997 No. 66 s 90\nom 2017 No. 18 s 17","sortOrder":173},{"sectionNumber":"sec.75","sectionType":"section","heading":"Restriction on providing booked hire service for particular taxi service area","content":"### sec.75 Restriction on providing booked hire service for particular taxi service area\n\nThis section applies if a regulation under section 36 declares that a booked hire service is to be provided in a stated taxi service area with the market entry restriction of using a motor vehicle that is a taxi or limousine.\nA person must not provide a booked hire service for a journey that starts in the taxi service area using a motor vehicle that is not a taxi or limousine.\nMaximum penalty—\nif the person is the driver of the motor vehicle—\nfor a first offence—200 penalty units; or\nfor a second or later offence—400 penalty units; or\notherwise—\nfor a first offence—200 penalty units; or\nfor a second offence—400 penalty units; or\nfor a third or later offence—3,000 penalty units.\nSee sections 150B and 150C in relation to the application of the penalty for this subsection.\nFor subsection (2) , it does not matter where the journey ends or if the journey involves leaving and re-entering the taxi service area.\ns 75 prev s 75 amd 2007 No. 43 s 25\nom 2017 No. 18 s 17\npres s 75 ins 2017 No. 18 s 18\n(sec.75-ssec.1) This section applies if a regulation under section 36 declares that a booked hire service is to be provided in a stated taxi service area with the market entry restriction of using a motor vehicle that is a taxi or limousine.\n(sec.75-ssec.2) A person must not provide a booked hire service for a journey that starts in the taxi service area using a motor vehicle that is not a taxi or limousine. Maximum penalty— if the person is the driver of the motor vehicle— for a first offence—200 penalty units; or for a second or later offence—400 penalty units; or otherwise— for a first offence—200 penalty units; or for a second offence—400 penalty units; or for a third or later offence—3,000 penalty units. See sections 150B and 150C in relation to the application of the penalty for this subsection.\n(sec.75-ssec.3) For subsection (2) , it does not matter where the journey ends or if the journey involves leaving and re-entering the taxi service area.\n- (a) if the person is the driver of the motor vehicle— (i) for a first offence—200 penalty units; or (ii) for a second or later offence—400 penalty units; or\n- (i) for a first offence—200 penalty units; or\n- (ii) for a second or later offence—400 penalty units; or\n- (b) otherwise— (i) for a first offence—200 penalty units; or (ii) for a second offence—400 penalty units; or (iii) for a third or later offence—3,000 penalty units.\n- (i) for a first offence—200 penalty units; or\n- (ii) for a second offence—400 penalty units; or\n- (iii) for a third or later offence—3,000 penalty units.\n- (i) for a first offence—200 penalty units; or\n- (ii) for a second or later offence—400 penalty units; or\n- (i) for a first offence—200 penalty units; or\n- (ii) for a second offence—400 penalty units; or\n- (iii) for a third or later offence—3,000 penalty units.","sortOrder":174},{"sectionNumber":"sec.76","sectionType":"section","heading":"Booked hire service may only be provided using particular motor vehicle","content":"### sec.76 Booked hire service may only be provided using particular motor vehicle\n\nA person must not provide a booked hire service using a motor vehicle that is not a booked hire vehicle, taxi or limousine.\nMaximum penalty—\nif the person is the driver of the motor vehicle—\nfor a first offence—160 penalty units; or\nfor a second or later offence—320 penalty units; or\notherwise—\nfor a first offence—160 penalty units; or\nfor a second offence—320 penalty units; or\nfor a third or later offence—2,400 penalty units.\nSee sections 150B and 150C in relation to the application of the penalty for this subsection.\nThis section does not apply to a booked hire service prescribed by regulation as a booked hire service to which this section does not apply.\ns 76 prev s 76 om 2017 No. 18 s 17\npres s 76 ins 2017 No. 18 s 18\n(sec.76-ssec.1) A person must not provide a booked hire service using a motor vehicle that is not a booked hire vehicle, taxi or limousine. Maximum penalty— if the person is the driver of the motor vehicle— for a first offence—160 penalty units; or for a second or later offence—320 penalty units; or otherwise— for a first offence—160 penalty units; or for a second offence—320 penalty units; or for a third or later offence—2,400 penalty units. See sections 150B and 150C in relation to the application of the penalty for this subsection.\n(sec.76-ssec.2) This section does not apply to a booked hire service prescribed by regulation as a booked hire service to which this section does not apply.\n- (a) if the person is the driver of the motor vehicle— (i) for a first offence—160 penalty units; or (ii) for a second or later offence—320 penalty units; or\n- (i) for a first offence—160 penalty units; or\n- (ii) for a second or later offence—320 penalty units; or\n- (b) otherwise— (i) for a first offence—160 penalty units; or (ii) for a second offence—320 penalty units; or (iii) for a third or later offence—2,400 penalty units.\n- (i) for a first offence—160 penalty units; or\n- (ii) for a second offence—320 penalty units; or\n- (iii) for a third or later offence—2,400 penalty units.\n- (i) for a first offence—160 penalty units; or\n- (ii) for a second or later offence—320 penalty units; or\n- (i) for a first offence—160 penalty units; or\n- (ii) for a second offence—320 penalty units; or\n- (iii) for a third or later offence—2,400 penalty units.","sortOrder":175},{"sectionNumber":"sec.77","sectionType":"section","heading":"Restriction on providing booked hire service requested using fixed booking device","content":"### sec.77 Restriction on providing booked hire service requested using fixed booking device\n\nA person must not provide a booked hire service requested through a fixed booking device using a motor vehicle that is not a taxi.\nMaximum penalty—\nif the person is the driver of the motor vehicle—\nfor a first offence—200 penalty units; or\nfor a second or later offence—400 penalty units; or\notherwise—\nfor a first offence—200 penalty units; or\nfor a second offence—400 penalty units; or\nfor a third or later offence—3,000 penalty units.\nSee sections 150B and 150C in relation to the application of the penalty for this subsection.\nIn this section—\nfixed booking device means a device that is fixed at a place and has the primary function or purpose of allowing a person to request a booked hire service to be provided for a journey that starts at the place.\ns 77 prev s 77 om 2017 No. 18 s 17\npres s 77 ins 2017 No. 18 s 18\n(sec.77-ssec.1) A person must not provide a booked hire service requested through a fixed booking device using a motor vehicle that is not a taxi. Maximum penalty— if the person is the driver of the motor vehicle— for a first offence—200 penalty units; or for a second or later offence—400 penalty units; or otherwise— for a first offence—200 penalty units; or for a second offence—400 penalty units; or for a third or later offence—3,000 penalty units. See sections 150B and 150C in relation to the application of the penalty for this subsection.\n(sec.77-ssec.2) In this section— fixed booking device means a device that is fixed at a place and has the primary function or purpose of allowing a person to request a booked hire service to be provided for a journey that starts at the place.\n- (a) if the person is the driver of the motor vehicle— (i) for a first offence—200 penalty units; or (ii) for a second or later offence—400 penalty units; or\n- (i) for a first offence—200 penalty units; or\n- (ii) for a second or later offence—400 penalty units; or\n- (b) otherwise— (i) for a first offence—200 penalty units; or (ii) for a second offence—400 penalty units; or (iii) for a third or later offence—3,000 penalty units.\n- (i) for a first offence—200 penalty units; or\n- (ii) for a second offence—400 penalty units; or\n- (iii) for a third or later offence—3,000 penalty units.\n- (i) for a first offence—200 penalty units; or\n- (ii) for a second or later offence—400 penalty units; or\n- (i) for a first offence—200 penalty units; or\n- (ii) for a second offence—400 penalty units; or\n- (iii) for a third or later offence—3,000 penalty units.","sortOrder":176},{"sectionNumber":"sec.78","sectionType":"section","heading":"Booking service must be provided by authorised booking entity","content":"### sec.78 Booking service must be provided by authorised booking entity\n\nA person must not provide a booking service for another person to drive a motor vehicle to provide a booked hire service unless the person is an authorised booking entity for the booked hire service.\nMaximum penalty—\nfor a first offence—160 penalty units; or\nfor a second offence—320 penalty units; or\nfor a third or later offence—2,400 penalty units.\nA person must not drive a motor vehicle to provide a booked hire service unless—\nif the booking to provide the service was arranged by another person—the other person is an authorised booking entity for the service; or\nif the booking to provide the service was arranged by the person—the person is an authorised booking entity for the service or is otherwise authorised to arrange the booking under a regulation.\nMaximum penalty—\nfor a first offence—160 penalty units; or\nfor a second or later offence—320 penalty units.\nSee sections 150B and 150C in relation to the application of the penalty for subsections (1) and (2) .\ns 78 prev s 78 om 2017 No. 18 s 17\npres s 78 ins 2017 No. 18 s 18\n(sec.78-ssec.1) A person must not provide a booking service for another person to drive a motor vehicle to provide a booked hire service unless the person is an authorised booking entity for the booked hire service. Maximum penalty— for a first offence—160 penalty units; or for a second offence—320 penalty units; or for a third or later offence—2,400 penalty units.\n(sec.78-ssec.2) A person must not drive a motor vehicle to provide a booked hire service unless— if the booking to provide the service was arranged by another person—the other person is an authorised booking entity for the service; or if the booking to provide the service was arranged by the person—the person is an authorised booking entity for the service or is otherwise authorised to arrange the booking under a regulation. Maximum penalty— for a first offence—160 penalty units; or for a second or later offence—320 penalty units.\n- (a) for a first offence—160 penalty units; or\n- (b) for a second offence—320 penalty units; or\n- (c) for a third or later offence—2,400 penalty units.\n- (a) if the booking to provide the service was arranged by another person—the other person is an authorised booking entity for the service; or\n- (b) if the booking to provide the service was arranged by the person—the person is an authorised booking entity for the service or is otherwise authorised to arrange the booking under a regulation.\n- (a) for a first offence—160 penalty units; or\n- (b) for a second or later offence—320 penalty units.","sortOrder":177},{"sectionNumber":"ch.7-pt.2-div.2","sectionType":"division","heading":"Booking records for booked hire services","content":"## Booking records for booked hire services","sortOrder":178},{"sectionNumber":"sec.79","sectionType":"section","heading":"Application of division","content":"### sec.79 Application of division\n\nThis division does not apply to a booked hire service provided using a taxi.\ns 79 prev s 79 amd 2007 No. 6 s 39 ; 2009 No. 47 s 22\nom 2017 No. 18 s 17\npres s 79 ins 2017 No. 18 s 18","sortOrder":179},{"sectionNumber":"sec.80","sectionType":"section","heading":"What is a booking record","content":"### sec.80 What is a booking record\n\nA booking record is a written record—\nof a booking for a booked hire service; and\nthat contains the details of the booking prescribed by regulation.\nFor this division—\na booking record may be made, kept, given, carried or produced for inspection electronically; and\na booking record may be kept, carried or produced for inspection by keeping, carrying or producing for inspection a copy of the record.\ns 80 prev s 80 om 2017 No. 18 s 17\npres s 80 ins 2017 No. 18 s 18\n(sec.80-ssec.1) A booking record is a written record— of a booking for a booked hire service; and that contains the details of the booking prescribed by regulation.\n(sec.80-ssec.2) For this division— a booking record may be made, kept, given, carried or produced for inspection electronically; and a booking record may be kept, carried or produced for inspection by keeping, carrying or producing for inspection a copy of the record.\n- (a) of a booking for a booked hire service; and\n- (b) that contains the details of the booking prescribed by regulation.\n- (a) a booking record may be made, kept, given, carried or produced for inspection electronically; and\n- (b) a booking record may be kept, carried or produced for inspection by keeping, carrying or producing for inspection a copy of the record.","sortOrder":180},{"sectionNumber":"sec.80A","sectionType":"section","heading":null,"content":"### Section sec.80A\n\ns 80A ins 2007 No. 25 s 6\namd 2013 No. 39 s 110 (2) sch 3 pt 1\nom 2017 No. 18 s 17","sortOrder":181},{"sectionNumber":"sec.80B","sectionType":"section","heading":null,"content":"### Section sec.80B\n\ns 80B ins 2007 No. 25 s 6\namd 2009 No. 9 s 136 sch 1 ; 2010 No. 13 s 114 sch pt 1\nom 2017 No. 18 s 17","sortOrder":182},{"sectionNumber":"sec.80BA","sectionType":"section","heading":null,"content":"### Section sec.80BA\n\ns 80BA ins 2017 No. 18 s 16A\nom 2017 No. 18 s 17","sortOrder":183},{"sectionNumber":"sec.80C","sectionType":"section","heading":null,"content":"### Section sec.80C\n\ns 80C ins 2007 No. 43 s 26\nom 2017 No. 18 s 17","sortOrder":184},{"sectionNumber":"sec.80D","sectionType":"section","heading":null,"content":"### Section sec.80D\n\ns 80D ins 2007 No. 43 s 26\nom 2017 No. 18 s 17","sortOrder":185},{"sectionNumber":"sec.80E","sectionType":"section","heading":null,"content":"### Section sec.80E\n\ns 80E ins 2007 No. 43 s 26\nom 2017 No. 18 s 17","sortOrder":186},{"sectionNumber":"sec.80F","sectionType":"section","heading":null,"content":"### Section sec.80F\n\ns 80F ins 2007 No. 43 s 26\nom 2017 No. 18 s 17","sortOrder":187},{"sectionNumber":"sec.80G","sectionType":"section","heading":null,"content":"### Section sec.80G\n\ns 80G ins 2007 No. 43 s 26\nom 2017 No. 18 s 17","sortOrder":188},{"sectionNumber":"sec.80H","sectionType":"section","heading":null,"content":"### Section sec.80H\n\ns 80H ins 2007 No. 43 s 26\nom 2017 No. 18 s 17","sortOrder":189},{"sectionNumber":"sec.80I","sectionType":"section","heading":null,"content":"### Section sec.80I\n\ns 80I ins 2007 No. 43 s 26\nom 2017 No. 18 s 17","sortOrder":190},{"sectionNumber":"sec.80J","sectionType":"section","heading":null,"content":"### Section sec.80J\n\ns 80J ins 2007 No. 43 s 26\nom 2017 No. 18 s 17","sortOrder":191},{"sectionNumber":"sec.80K","sectionType":"section","heading":null,"content":"### Section sec.80K\n\ns 80K ins 2007 No. 43 s 26\nom 2017 No. 18 s 17","sortOrder":192},{"sectionNumber":"sec.80L","sectionType":"section","heading":null,"content":"### Section sec.80L\n\ns 80L ins 2007 No. 43 s 26\nom 2017 No. 18 s 17","sortOrder":193},{"sectionNumber":"sec.81","sectionType":"section","heading":"Booking entity’s obligations","content":"### sec.81 Booking entity’s obligations\n\nA person who provides a booking service for a booked hire service must—\nmake a booking record for the booked hire service that is legible; and\nif the person is not the driver of the motor vehicle to be used to provide the service—before the journey starts, give a copy of the booking record to the driver; and\nkeep the booking record for at least 2 years after the record is made; and\nif asked by an authorised person—produce the booking record for inspection by the authorised person.\nMaximum penalty—80 penalty units.\ns 81 prev s 81 om 2017 No. 18 s 17\npres s 81 ins 2017 No. 18 s 18\n- (a) make a booking record for the booked hire service that is legible; and\n- (b) if the person is not the driver of the motor vehicle to be used to provide the service—before the journey starts, give a copy of the booking record to the driver; and\n- (c) keep the booking record for at least 2 years after the record is made; and\n- (d) if asked by an authorised person—produce the booking record for inspection by the authorised person.","sortOrder":194},{"sectionNumber":"sec.82","sectionType":"section","heading":"Driver’s obligations","content":"### sec.82 Driver’s obligations\n\nThe driver of a motor vehicle used to provide a booked hire service for a journey must, while providing the service, carry a booking record for the service.\nMaximum penalty—80 penalty units.\nFor subsection (1) , a motor vehicle is used to provide a booked hire service for a journey if the vehicle—\nis about to be used for the journey; or\nis being used for the journey; or\nhas just been used for the journey.\nIf asked by an authorised person, the driver must immediately—\nproduce the booking record for inspection by the authorised person; or\nallow the authorised person to enter the vehicle to read the booking record displayed on an electronic device if—\nit is not reasonably practicable for the authorised person to read the display from outside the vehicle; and\nthe authorised person tells the driver the authorised person needs to enter the vehicle to read the display.\nMaximum penalty—80 penalty units.\nIf an authorised person enters a motor vehicle under subsection (3) (b) , the authorised person—\nmay remain in the vehicle for only the period of time that is reasonably necessary to read the display; and\nmay inspect the vehicle, and anything in the vehicle, only to the extent that is reasonably necessary to read the display.\ns 82 prev s 82 om 2017 No. 18 s 17\npres s 82 ins 2017 No. 18 s 18\n(sec.82-ssec.1) The driver of a motor vehicle used to provide a booked hire service for a journey must, while providing the service, carry a booking record for the service. Maximum penalty—80 penalty units.\n(sec.82-ssec.2) For subsection (1) , a motor vehicle is used to provide a booked hire service for a journey if the vehicle— is about to be used for the journey; or is being used for the journey; or has just been used for the journey.\n(sec.82-ssec.3) If asked by an authorised person, the driver must immediately— produce the booking record for inspection by the authorised person; or allow the authorised person to enter the vehicle to read the booking record displayed on an electronic device if— it is not reasonably practicable for the authorised person to read the display from outside the vehicle; and the authorised person tells the driver the authorised person needs to enter the vehicle to read the display. Maximum penalty—80 penalty units.\n(sec.82-ssec.4) If an authorised person enters a motor vehicle under subsection (3) (b) , the authorised person— may remain in the vehicle for only the period of time that is reasonably necessary to read the display; and may inspect the vehicle, and anything in the vehicle, only to the extent that is reasonably necessary to read the display.\n- (a) is about to be used for the journey; or\n- (b) is being used for the journey; or\n- (c) has just been used for the journey.\n- (a) produce the booking record for inspection by the authorised person; or\n- (b) allow the authorised person to enter the vehicle to read the booking record displayed on an electronic device if— (i) it is not reasonably practicable for the authorised person to read the display from outside the vehicle; and (ii) the authorised person tells the driver the authorised person needs to enter the vehicle to read the display.\n- (i) it is not reasonably practicable for the authorised person to read the display from outside the vehicle; and\n- (ii) the authorised person tells the driver the authorised person needs to enter the vehicle to read the display.\n- (i) it is not reasonably practicable for the authorised person to read the display from outside the vehicle; and\n- (ii) the authorised person tells the driver the authorised person needs to enter the vehicle to read the display.\n- (a) may remain in the vehicle for only the period of time that is reasonably necessary to read the display; and\n- (b) may inspect the vehicle, and anything in the vehicle, only to the extent that is reasonably necessary to read the display.","sortOrder":195},{"sectionNumber":"ch.7-pt.3","sectionType":"part","heading":null,"content":"","sortOrder":196},{"sectionNumber":"ch.7-pt.3-div.1","sectionType":"division","heading":null,"content":"","sortOrder":197},{"sectionNumber":"sec.83","sectionType":"section","heading":null,"content":"### Section sec.83\n\ns 83 orig s 83 om 2017 No. 18 s 17\nprev s 83 ins 2017 No. 18 s 18\nom 2024 No. 2 s 39","sortOrder":198},{"sectionNumber":"sec.83A","sectionType":"section","heading":null,"content":"### Section sec.83A\n\ns 83A ins 2006 No. 21 s 136\nom 2017 No. 18 s 17","sortOrder":199},{"sectionNumber":"sec.84","sectionType":"section","heading":null,"content":"### Section sec.84\n\ns 84 orig s 84 om 2017 No. 18 s 17\nprev s 84 ins 2017 No. 18 s 18\nom 2024 No. 2 s 39","sortOrder":200},{"sectionNumber":"sec.85","sectionType":"section","heading":null,"content":"### Section sec.85\n\ns 85 orig s 85 om 2017 No. 18 s 17\nprev s 85 ins 2017 No. 18 s 18\nom 2024 No. 2 s 39","sortOrder":201},{"sectionNumber":"ch.7-pt.3-div.2","sectionType":"division","heading":null,"content":"","sortOrder":202},{"sectionNumber":"sec.86","sectionType":"section","heading":null,"content":"### Section sec.86\n\ns 86 orig s 86 amd 1997 No. 66 s 91\nsub 2007 No. 43 s 27\nom 2017 No. 18 s 17\nprev s 86 ins 2017 No. 18 s 18\nom 2024 No. 2 s 39","sortOrder":203},{"sectionNumber":"sec.87","sectionType":"section","heading":null,"content":"### Section sec.87\n\ns 87 orig s 87 amd 1997 No. 66 s 92 ; 2007 No. 43 s 28\nom 2017 No. 18 s 17\nprev s 87 ins 2017 No. 18 s 18\nom 2024 No. 2 s 39","sortOrder":204},{"sectionNumber":"sec.87A","sectionType":"section","heading":null,"content":"### Section sec.87A\n\ns 87A ins 1997 No. 66 s 93\nom 2017 No. 18 s 17","sortOrder":205},{"sectionNumber":"sec.87B","sectionType":"section","heading":null,"content":"### Section sec.87B\n\ns 87B (prev s 87E) ins 2007 No. 43 s 29\namd 2010 No. 19 s 249\nrenum 2010 No. 19 s 252\nom 2017 No. 18 s 17","sortOrder":206},{"sectionNumber":"sec.87C","sectionType":"section","heading":null,"content":"### Section sec.87C\n\ns 87C (prev s 87F) ins 2007 No. 43 s 29\namd 2010 No. 19 s 250\nrenum 2010 No. 19 s 252\nom 2017 No. 18 s 17","sortOrder":207},{"sectionNumber":"sec.87D","sectionType":"section","heading":null,"content":"### Section sec.87D\n\ns 87D (prev s 87G) ins 2007 No. 43 s 29\namd 2010 No. 19 s 251\nrenum 2010 No. 19 s 252\nom 2017 No. 18 s 17","sortOrder":208},{"sectionNumber":"ch.7-pt.3-div.3","sectionType":"division","heading":null,"content":"","sortOrder":209},{"sectionNumber":"sec.88","sectionType":"section","heading":null,"content":"### Section sec.88\n\ns 88 orig s 88 om 2017 No. 18 s 17\nprev s 88 ins 2017 No. 18 s 18\nom 2024 No. 2 s 39","sortOrder":210},{"sectionNumber":"sec.89","sectionType":"section","heading":null,"content":"### Section sec.89\n\ns 89 orig s 89 om 2017 No. 18 s 17\nprev s 89 ins 2017 No. 18 s 18\nom 2024 No. 2 s 39","sortOrder":211},{"sectionNumber":"ch.7-pt.3-div.4","sectionType":"division","heading":null,"content":"","sortOrder":212},{"sectionNumber":"sec.90","sectionType":"section","heading":null,"content":"### Section sec.90\n\ns 90 orig s 90 om 2017 No. 18 s 17\nprev s 90 ins 2017 No. 18 s 18\nom 2024 No. 2 s 39","sortOrder":213},{"sectionNumber":"sec.91","sectionType":"section","heading":null,"content":"### Section sec.91\n\ns 91 orig s 91 amd 2007 No. 6 s 40\nom 2017 No. 18 s 17\nprev s 91 ins 2017 No. 18 s 18\nom 2024 No. 2 s 39","sortOrder":214},{"sectionNumber":"sec.91A","sectionType":"section","heading":null,"content":"### Section sec.91A\n\ns 91A ins 2017 No. 18 s 18\nom 2024 No. 2 s 39","sortOrder":215},{"sectionNumber":"ch.7-pt.3-div.5","sectionType":"division","heading":null,"content":"","sortOrder":216},{"sectionNumber":"sec.91B","sectionType":"section","heading":null,"content":"### Section sec.91B\n\ns 91B ins 2017 No. 18 s 18\nom 2024 No. 2 s 39","sortOrder":217},{"sectionNumber":"sec.91C","sectionType":"section","heading":null,"content":"### Section sec.91C\n\ns 91C ins 2017 No. 18 s 18\nom 2024 No. 2 s 39","sortOrder":218},{"sectionNumber":"ch.7-pt.4","sectionType":"part","heading":"Licences and authorisation for personalised transport services","content":"# Licences and authorisation for personalised transport services","sortOrder":219},{"sectionNumber":"ch.7-pt.4-div.1","sectionType":"division","heading":"Taxi service licences","content":"## Taxi service licences","sortOrder":220},{"sectionNumber":"sec.91D","sectionType":"section","heading":"What is a taxi service licence","content":"### sec.91D What is a taxi service licence\n\nA taxi service licence is a licence for a taxi service area issued by the chief executive under which the holder may provide taxi services and booked hire services using the motor vehicle stated in the licence.\ns 91D ins 2017 No. 18 s 18","sortOrder":221},{"sectionNumber":"sec.91E","sectionType":"section","heading":"Original taxi service licence","content":"### sec.91E Original taxi service licence\n\nA taxi service licence that was in force immediately before the commencement (an original taxi service licence ) continues in force as a taxi service licence under section 91D for the taxi service area stated in the licence.\nAn original taxi service licence is for the term, of not more than 5 years, stated in the licence.\nAn original taxi service licence must, at the request of the licence holder, be renewed for successive terms of 5 years if its conditions are complied with.\nHowever, an original taxi service licence may be renewed for a shorter term if the applicant for renewal asks for a shorter term.\ns 91E ins 2017 No. 18 s 18\n(sec.91E-ssec.1) A taxi service licence that was in force immediately before the commencement (an original taxi service licence ) continues in force as a taxi service licence under section 91D for the taxi service area stated in the licence.\n(sec.91E-ssec.2) An original taxi service licence is for the term, of not more than 5 years, stated in the licence.\n(sec.91E-ssec.3) An original taxi service licence must, at the request of the licence holder, be renewed for successive terms of 5 years if its conditions are complied with.\n(sec.91E-ssec.4) However, an original taxi service licence may be renewed for a shorter term if the applicant for renewal asks for a shorter term.","sortOrder":222},{"sectionNumber":"sec.91F","sectionType":"section","heading":"Issue of a taxi service licence","content":"### sec.91F Issue of a taxi service licence\n\nThe chief executive may issue a taxi service licence for a taxi service area.\nHowever, before the chief executive issues a taxi service licence, the chief executive must, by public notice, invite offers to purchase the taxi service licence—\nstating the intention to issue the licence; and\ncalling for offers for the taxi service licence.\nThe chief executive is not obliged to accept any offer for a taxi service licence.\nA taxi service licence may be issued—\nfor the term, of not more than 5 years, stated in the licence; and\non a renewable or non-renewable basis.\nFor a taxi service licence issued on a renewable basis—\nthe first term of the licence must be less than 5 years; and\nthe licence may be renewed for 1 or more successive terms; and\nthe sum of the terms of the licence must be not more than 5 years.\nA taxi service licence issued on a non-renewable basis must not be renewed.\nA taxi service licence issued under this section is not transferable to another person.\ns 91F ins 2017 No. 18 s 18\n(sec.91F-ssec.1) The chief executive may issue a taxi service licence for a taxi service area.\n(sec.91F-ssec.2) However, before the chief executive issues a taxi service licence, the chief executive must, by public notice, invite offers to purchase the taxi service licence— stating the intention to issue the licence; and calling for offers for the taxi service licence.\n(sec.91F-ssec.3) The chief executive is not obliged to accept any offer for a taxi service licence.\n(sec.91F-ssec.4) A taxi service licence may be issued— for the term, of not more than 5 years, stated in the licence; and on a renewable or non-renewable basis.\n(sec.91F-ssec.5) For a taxi service licence issued on a renewable basis— the first term of the licence must be less than 5 years; and the licence may be renewed for 1 or more successive terms; and the sum of the terms of the licence must be not more than 5 years.\n(sec.91F-ssec.6) A taxi service licence issued on a non-renewable basis must not be renewed.\n(sec.91F-ssec.7) A taxi service licence issued under this section is not transferable to another person.\n- (a) stating the intention to issue the licence; and\n- (b) calling for offers for the taxi service licence.\n- (a) for the term, of not more than 5 years, stated in the licence; and\n- (b) on a renewable or non-renewable basis.\n- (a) the first term of the licence must be less than 5 years; and\n- (b) the licence may be renewed for 1 or more successive terms; and\n- (c) the sum of the terms of the licence must be not more than 5 years.","sortOrder":223},{"sectionNumber":"sec.91G","sectionType":"section","heading":"Transfer of taxi service licence between taxi service areas","content":"### sec.91G Transfer of taxi service licence between taxi service areas\n\nThe chief executive may amend a taxi service licence to change the taxi service area for the licence to another taxi service area if—\nthe holder of the licence successfully offers for a transfer to the other taxi service area following the calling of offers by public notice; or\nthe taxi service areas are amalgamated.\nSubsection (3) applies if, in the chief executive’s opinion, the value of a taxi service licence increases because the licence is transferred to another taxi service area under subsection (1) (a) .\nThe chief executive may require, as a condition of a transfer mentioned in subsection (1) (a) , the holder of the taxi service licence to pay to the chief executive an amount representing the increase in value.\nThis section does not limit the power to make regulations about amending taxi service licences.\ns 91G ins 2017 No. 18 s 18\namd 2019 No. 24 s 110\n(sec.91G-ssec.1) The chief executive may amend a taxi service licence to change the taxi service area for the licence to another taxi service area if— the holder of the licence successfully offers for a transfer to the other taxi service area following the calling of offers by public notice; or the taxi service areas are amalgamated.\n(sec.91G-ssec.2) Subsection (3) applies if, in the chief executive’s opinion, the value of a taxi service licence increases because the licence is transferred to another taxi service area under subsection (1) (a) .\n(sec.91G-ssec.3) The chief executive may require, as a condition of a transfer mentioned in subsection (1) (a) , the holder of the taxi service licence to pay to the chief executive an amount representing the increase in value.\n(sec.91G-ssec.4) This section does not limit the power to make regulations about amending taxi service licences.\n- (a) the holder of the licence successfully offers for a transfer to the other taxi service area following the calling of offers by public notice; or\n- (b) the taxi service areas are amalgamated.","sortOrder":224},{"sectionNumber":"ch.7-pt.4-div.2","sectionType":"division","heading":"Limousine licences","content":"## Limousine licences","sortOrder":225},{"sectionNumber":"sec.91H","sectionType":"section","heading":"What is a limousine licence","content":"### sec.91H What is a limousine licence\n\nA limousine licence is a licence issued by the chief executive under which the holder may provide booked hire services using the motor vehicle stated in the licence.\nA limousine service licence that was in force immediately before the commencement continues in force as a limousine licence under subsection (1) .\nThe chief executive must not issue any new limousine licences.\nA limousine service area stated in a limousine licence has no effect.\ns 91H ins 2017 No. 18 s 18\n(sec.91H-ssec.1) A limousine licence is a licence issued by the chief executive under which the holder may provide booked hire services using the motor vehicle stated in the licence.\n(sec.91H-ssec.2) A limousine service licence that was in force immediately before the commencement continues in force as a limousine licence under subsection (1) .\n(sec.91H-ssec.3) The chief executive must not issue any new limousine licences.\n(sec.91H-ssec.4) A limousine service area stated in a limousine licence has no effect.","sortOrder":226},{"sectionNumber":"sec.91I","sectionType":"section","heading":"Term of limousine licence","content":"### sec.91I Term of limousine licence\n\nA limousine licence is for the term, of not more than 5 years, stated in the licence.\nSubject to subsection (4) , a limousine licence may be renewed for successive terms of—\nfor a special purpose limousine licence—1 year; or\notherwise—5 years.\nHowever, a limousine licence may be renewed for a shorter term if the applicant for the renewal asks for a shorter term.\nA regulation may prescribe a day after which a special purpose limousine licence must not be renewed.\nIn this section—\nspecial purpose limousine licence means a limousine licence that, immediately before the commencement, was a special purpose limousine service licence under this Act.\ns 91I ins 2017 No. 18 s 18\n(sec.91I-ssec.1) A limousine licence is for the term, of not more than 5 years, stated in the licence.\n(sec.91I-ssec.2) Subject to subsection (4) , a limousine licence may be renewed for successive terms of— for a special purpose limousine licence—1 year; or otherwise—5 years.\n(sec.91I-ssec.3) However, a limousine licence may be renewed for a shorter term if the applicant for the renewal asks for a shorter term.\n(sec.91I-ssec.4) A regulation may prescribe a day after which a special purpose limousine licence must not be renewed.\n(sec.91I-ssec.5) In this section— special purpose limousine licence means a limousine licence that, immediately before the commencement, was a special purpose limousine service licence under this Act.\n- (a) for a special purpose limousine licence—1 year; or\n- (b) otherwise—5 years.","sortOrder":227},{"sectionNumber":"ch.7-pt.4-div.3","sectionType":"division","heading":"Booked hire service licences","content":"## Booked hire service licences","sortOrder":228},{"sectionNumber":"sec.91J","sectionType":"section","heading":"What is a booked hire service licence","content":"### sec.91J What is a booked hire service licence\n\nA booked hire service licence is a licence issued by the chief executive under which the holder may provide booked hire services using the motor vehicle stated in the licence.\ns 91J ins 2017 No. 18 s 18","sortOrder":229},{"sectionNumber":"sec.91K","sectionType":"section","heading":"Issuing or refusing booked hire service licence","content":"### sec.91K Issuing or refusing booked hire service licence\n\nA regulation may provide for issuing, or refusing to issue, booked hire service licences.\nWithout limiting subsection (1) , a regulation may—\nstate the circumstances in which the chief executive may refuse to issue a person a booked hire service licence; and\nprovide for the form and contents of a booked hire service licence.\ns 91K ins 2017 No. 18 s 18\n(sec.91K-ssec.1) A regulation may provide for issuing, or refusing to issue, booked hire service licences.\n(sec.91K-ssec.2) Without limiting subsection (1) , a regulation may— state the circumstances in which the chief executive may refuse to issue a person a booked hire service licence; and provide for the form and contents of a booked hire service licence.\n- (a) state the circumstances in which the chief executive may refuse to issue a person a booked hire service licence; and\n- (b) provide for the form and contents of a booked hire service licence.","sortOrder":230},{"sectionNumber":"sec.91L","sectionType":"section","heading":"Term of booked hire service licence","content":"### sec.91L Term of booked hire service licence\n\nA booked hire service licence is for a term of—\nthe period prescribed by regulation; or\nif no period is prescribed—the period of not more than 1 year stated in the licence.\nA booked hire service licence is issued on a non-renewable basis and must not be renewed.\nHowever, before a booked hire service licence expires, the holder of the licence may apply for another booked hire service licence to replace the expiring licence.\ns 91L ins 2017 No. 18 s 18\n(sec.91L-ssec.1) A booked hire service licence is for a term of— the period prescribed by regulation; or if no period is prescribed—the period of not more than 1 year stated in the licence.\n(sec.91L-ssec.2) A booked hire service licence is issued on a non-renewable basis and must not be renewed.\n(sec.91L-ssec.3) However, before a booked hire service licence expires, the holder of the licence may apply for another booked hire service licence to replace the expiring licence.\n- (a) the period prescribed by regulation; or\n- (b) if no period is prescribed—the period of not more than 1 year stated in the licence.","sortOrder":231},{"sectionNumber":"sec.91M","sectionType":"section","heading":"Booked hire service licence not transferable","content":"### sec.91M Booked hire service licence not transferable\n\nA booked hire service licence is not transferable to another person.\ns 91M ins 2017 No. 18 s 18","sortOrder":232},{"sectionNumber":"ch.7-pt.4-div.4","sectionType":"division","heading":"General provisions for licences","content":"## General provisions for licences","sortOrder":233},{"sectionNumber":"sec.91N","sectionType":"section","heading":"Application of division","content":"### sec.91N Application of division\n\nThis division applies for the following licences—\na taxi service licence;\na limousine licence;\na booked hire service licence.\ns 91N ins 2017 No. 18 s 18\n- (a) a taxi service licence;\n- (b) a limousine licence;\n- (c) a booked hire service licence.","sortOrder":234},{"sectionNumber":"sec.91O","sectionType":"section","heading":"Conditions of licence","content":"### sec.91O Conditions of licence\n\nA licence is subject to the conditions stated in it by the chief executive.\nThe holder of a licence and the operator of a taxi service or booked hire service provided using a motor vehicle stated in the licence must not contravene a condition of the licence.\nMaximum penalty for subsection (2) —40 penalty units.\ns 91O ins 2017 No. 18 s 18\n(sec.91O-ssec.1) A licence is subject to the conditions stated in it by the chief executive.\n(sec.91O-ssec.2) The holder of a licence and the operator of a taxi service or booked hire service provided using a motor vehicle stated in the licence must not contravene a condition of the licence. Maximum penalty for subsection (2) —40 penalty units.","sortOrder":235},{"sectionNumber":"sec.91P","sectionType":"section","heading":"Amendment of licence","content":"### sec.91P Amendment of licence\n\nA regulation may authorise the chief executive to amend the conditions of a licence if the chief executive is satisfied the amendment is necessary for improving public passenger services in the public interest.\nA regulation may also authorise the amendment of a licence in other circumstances and make other provision about amending a licence.\ns 91P ins 2017 No. 18 s 18\n(sec.91P-ssec.1) A regulation may authorise the chief executive to amend the conditions of a licence if the chief executive is satisfied the amendment is necessary for improving public passenger services in the public interest.\n(sec.91P-ssec.2) A regulation may also authorise the amendment of a licence in other circumstances and make other provision about amending a licence.","sortOrder":236},{"sectionNumber":"sec.91Q","sectionType":"section","heading":"Notice to driver about licence","content":"### sec.91Q Notice to driver about licence\n\nThe operator of a taxi service or booked hire service provided using a motor vehicle must give each driver of the vehicle a written notice stating the following information for the licence for the vehicle—\nthe details of the vehicle stated in the licence;\nany conditions of the licence;\nfor a taxi service licence—the taxi service area for the licence.\nMaximum penalty—40 penalty units.\nThe driver of a motor vehicle being used to provide a taxi service or booked hire service must, if asked by an authorised person, produce the notice for inspection by the authorised person unless the driver has a reasonable excuse.\nMaximum penalty—20 penalty units.\nA notice may be given, or produced for inspection, under this section electronically.\ns 91Q ins 2017 No. 18 s 18\n(sec.91Q-ssec.1) The operator of a taxi service or booked hire service provided using a motor vehicle must give each driver of the vehicle a written notice stating the following information for the licence for the vehicle— the details of the vehicle stated in the licence; any conditions of the licence; for a taxi service licence—the taxi service area for the licence. Maximum penalty—40 penalty units.\n(sec.91Q-ssec.2) The driver of a motor vehicle being used to provide a taxi service or booked hire service must, if asked by an authorised person, produce the notice for inspection by the authorised person unless the driver has a reasonable excuse. Maximum penalty—20 penalty units.\n(sec.91Q-ssec.3) A notice may be given, or produced for inspection, under this section electronically.\n- (a) the details of the vehicle stated in the licence;\n- (b) any conditions of the licence;\n- (c) for a taxi service licence—the taxi service area for the licence.","sortOrder":237},{"sectionNumber":"sec.91R","sectionType":"section","heading":"Vehicle stated in licence","content":"### sec.91R Vehicle stated in licence\n\nThe motor vehicle stated in a licence must comply with the requirements for the vehicle (the vehicle requirements ) prescribed by regulation.\nTo the extent a vehicle requirement is about the type of motor vehicle, subsection (1) does not apply to a motor vehicle stated in a limousine licence if the motor vehicle was stated in the licence immediately before the commencement.\nA regulation may allow—\nthe holder of a licence to apply to the chief executive to change the motor vehicle stated in the licence to another vehicle that complies with the vehicle requirements; and\na vehicle that complies with the vehicle requirements, other than the vehicle stated in a licence, to be used under the licence in stated circumstances and on stated conditions.\ns 91R ins 2017 No. 18 s 18\n(sec.91R-ssec.1) The motor vehicle stated in a licence must comply with the requirements for the vehicle (the vehicle requirements ) prescribed by regulation.\n(sec.91R-ssec.2) To the extent a vehicle requirement is about the type of motor vehicle, subsection (1) does not apply to a motor vehicle stated in a limousine licence if the motor vehicle was stated in the licence immediately before the commencement.\n(sec.91R-ssec.3) A regulation may allow— the holder of a licence to apply to the chief executive to change the motor vehicle stated in the licence to another vehicle that complies with the vehicle requirements; and a vehicle that complies with the vehicle requirements, other than the vehicle stated in a licence, to be used under the licence in stated circumstances and on stated conditions.\n- (a) the holder of a licence to apply to the chief executive to change the motor vehicle stated in the licence to another vehicle that complies with the vehicle requirements; and\n- (b) a vehicle that complies with the vehicle requirements, other than the vehicle stated in a licence, to be used under the licence in stated circumstances and on stated conditions.","sortOrder":238},{"sectionNumber":"sec.91S","sectionType":"section","heading":"Transfer, lease or surrender of licence","content":"### sec.91S Transfer, lease or surrender of licence\n\nA regulation may provide for—\nan original taxi service licence or limousine licence (other than a special purpose limousine licence) to be transferred to another person; or\na licence to be leased or surrendered.\nA special purpose limousine licence is not transferable to another person.\nIn this section—\nspecial purpose limousine licence see section 91I (5) .\ns 91S ins 2017 No. 18 s 18\n(sec.91S-ssec.1) A regulation may provide for— an original taxi service licence or limousine licence (other than a special purpose limousine licence) to be transferred to another person; or a licence to be leased or surrendered.\n(sec.91S-ssec.2) A special purpose limousine licence is not transferable to another person.\n(sec.91S-ssec.3) In this section— special purpose limousine licence see section 91I (5) .\n- (a) an original taxi service licence or limousine licence (other than a special purpose limousine licence) to be transferred to another person; or\n- (b) a licence to be leased or surrendered.","sortOrder":239},{"sectionNumber":"sec.91T","sectionType":"section","heading":"Suspending and cancelling licence","content":"### sec.91T Suspending and cancelling licence\n\nA regulation may provide for suspending and cancelling a licence.\nWithout limiting subsection (1) , a regulation may authorise the chief executive to—\nsuspend or cancel a person’s licence if the person contravenes—\na condition of the licence; or\na provision of relevant transport legislation relating to providing a taxi service or booked hire service or a motor vehicle used to provide a taxi service or booked hire service; or\nimmediately suspend a person’s licence if—\nthe vehicle is required to comply with the vehicle requirements prescribed under section 91R (1) and the vehicle does not comply with the requirements; or\nthe chief executive considers it necessary in the public interest.\ns 91T ins 2017 No. 18 s 18\n(sec.91T-ssec.1) A regulation may provide for suspending and cancelling a licence.\n(sec.91T-ssec.2) Without limiting subsection (1) , a regulation may authorise the chief executive to— suspend or cancel a person’s licence if the person contravenes— a condition of the licence; or a provision of relevant transport legislation relating to providing a taxi service or booked hire service or a motor vehicle used to provide a taxi service or booked hire service; or immediately suspend a person’s licence if— the vehicle is required to comply with the vehicle requirements prescribed under section 91R (1) and the vehicle does not comply with the requirements; or the chief executive considers it necessary in the public interest.\n- (a) suspend or cancel a person’s licence if the person contravenes— (i) a condition of the licence; or (ii) a provision of relevant transport legislation relating to providing a taxi service or booked hire service or a motor vehicle used to provide a taxi service or booked hire service; or\n- (i) a condition of the licence; or\n- (ii) a provision of relevant transport legislation relating to providing a taxi service or booked hire service or a motor vehicle used to provide a taxi service or booked hire service; or\n- (b) immediately suspend a person’s licence if— (i) the vehicle is required to comply with the vehicle requirements prescribed under section 91R (1) and the vehicle does not comply with the requirements; or (ii) the chief executive considers it necessary in the public interest.\n- (i) the vehicle is required to comply with the vehicle requirements prescribed under section 91R (1) and the vehicle does not comply with the requirements; or\n- (ii) the chief executive considers it necessary in the public interest.\n- (i) a condition of the licence; or\n- (ii) a provision of relevant transport legislation relating to providing a taxi service or booked hire service or a motor vehicle used to provide a taxi service or booked hire service; or\n- (i) the vehicle is required to comply with the vehicle requirements prescribed under section 91R (1) and the vehicle does not comply with the requirements; or\n- (ii) the chief executive considers it necessary in the public interest.","sortOrder":240},{"sectionNumber":"sec.91U","sectionType":"section","heading":"Register of licences","content":"### sec.91U Register of licences\n\nThe chief executive must keep a register of licences.\nThe register must contain at least the following particulars for each licence—\nthe holder’s name and contact details;\nthe number of the licence;\nthe day the licence takes effect and expires;\ndetails of the vehicle stated in the licence;\nfor a taxi service licence—the taxi service area for the licence;\nany conditions of the licence.\nThe register may be kept in a form, including electronic form, the chief executive considers appropriate.\nThe chief executive may publish information from the register on the department’s website including, for example—\nthe number of a licence; and\ndetails of the vehicle stated in a licence.\nHowever, the chief executive must not publish information from the register about an individual.\ns 91U ins 2017 No. 18 s 18\n(sec.91U-ssec.1) The chief executive must keep a register of licences.\n(sec.91U-ssec.2) The register must contain at least the following particulars for each licence— the holder’s name and contact details; the number of the licence; the day the licence takes effect and expires; details of the vehicle stated in the licence; for a taxi service licence—the taxi service area for the licence; any conditions of the licence.\n(sec.91U-ssec.3) The register may be kept in a form, including electronic form, the chief executive considers appropriate.\n(sec.91U-ssec.4) The chief executive may publish information from the register on the department’s website including, for example— the number of a licence; and details of the vehicle stated in a licence.\n(sec.91U-ssec.5) However, the chief executive must not publish information from the register about an individual.\n- (a) the holder’s name and contact details;\n- (b) the number of the licence;\n- (c) the day the licence takes effect and expires;\n- (d) details of the vehicle stated in the licence;\n- (e) for a taxi service licence—the taxi service area for the licence;\n- (f) any conditions of the licence.\n- (a) the number of a licence; and\n- (b) details of the vehicle stated in a licence.","sortOrder":241},{"sectionNumber":"ch.7-pt.4-div.5","sectionType":"division","heading":"Booking entity authorisations","content":"## Booking entity authorisations","sortOrder":242},{"sectionNumber":"sec.91V","sectionType":"section","heading":"What is a booking entity authorisation and an authorised booking entity","content":"### sec.91V What is a booking entity authorisation and an authorised booking entity\n\nA booking entity authorisation is an authority under which a person may provide booking services for a booked hire service.\nA person is an authorised booking entity for a booked hire service if the person holds a booking entity authorisation for the booked hire service.\ns 91V ins 2017 No. 18 s 18\n(sec.91V-ssec.1) A booking entity authorisation is an authority under which a person may provide booking services for a booked hire service.\n(sec.91V-ssec.2) A person is an authorised booking entity for a booked hire service if the person holds a booking entity authorisation for the booked hire service.","sortOrder":243},{"sectionNumber":"sec.91W","sectionType":"section","heading":"Granting, renewing or refusing booking entity authorisation","content":"### sec.91W Granting, renewing or refusing booking entity authorisation\n\nA regulation may provide for granting, renewing, or refusing to grant or renew, a booking entity authorisation.\nIf an applicant for a booking entity authorisation is a foreign person, the application for the booking entity authorisation must include—\nthe applicant’s nomination of its representative under section 91ZD ; and\nany other information required by the chief executive.\nWithout limiting subsection (1) , a regulation may—\nstate the circumstances in which the chief executive may refuse to grant a person a booking entity authorisation or renew a person’s authorisation, including, for example, that the person or another relevant person has been charged with, or convicted of, a disqualifying offence; and\nprovide for an authorising document; and\nprovide for the form and contents of an authorising document.\ns 91W ins 2017 No. 18 s 18\n(sec.91W-ssec.1) A regulation may provide for granting, renewing, or refusing to grant or renew, a booking entity authorisation.\n(sec.91W-ssec.2) If an applicant for a booking entity authorisation is a foreign person, the application for the booking entity authorisation must include— the applicant’s nomination of its representative under section 91ZD ; and any other information required by the chief executive.\n(sec.91W-ssec.3) Without limiting subsection (1) , a regulation may— state the circumstances in which the chief executive may refuse to grant a person a booking entity authorisation or renew a person’s authorisation, including, for example, that the person or another relevant person has been charged with, or convicted of, a disqualifying offence; and provide for an authorising document; and provide for the form and contents of an authorising document.\n- (a) the applicant’s nomination of its representative under section 91ZD ; and\n- (b) any other information required by the chief executive.\n- (a) state the circumstances in which the chief executive may refuse to grant a person a booking entity authorisation or renew a person’s authorisation, including, for example, that the person or another relevant person has been charged with, or convicted of, a disqualifying offence; and\n- (b) provide for an authorising document; and\n- (c) provide for the form and contents of an authorising document.","sortOrder":244},{"sectionNumber":"sec.91X","sectionType":"section","heading":"Term of booking entity authorisation","content":"### sec.91X Term of booking entity authorisation\n\nA booking entity authorisation is for the term, of not more than 5 years, stated in the authorising document.\ns 91X ins 2017 No. 18 s 18","sortOrder":245},{"sectionNumber":"sec.91Y","sectionType":"section","heading":"Conditions of booking entity authorisation","content":"### sec.91Y Conditions of booking entity authorisation\n\nA booking entity authorisation is subject to the conditions stated in the authorising document by the chief executive.\nAn authorised booking entity must not contravene a condition of the entity’s booking entity authorisation.\nMaximum penalty—40 penalty units.\ns 91Y ins 2017 No. 18 s 18\n(sec.91Y-ssec.1) A booking entity authorisation is subject to the conditions stated in the authorising document by the chief executive.\n(sec.91Y-ssec.2) An authorised booking entity must not contravene a condition of the entity’s booking entity authorisation. Maximum penalty—40 penalty units.","sortOrder":246},{"sectionNumber":"sec.91Z","sectionType":"section","heading":"Amendment of booking entity authorisation","content":"### sec.91Z Amendment of booking entity authorisation\n\nA regulation may authorise the chief executive to amend the conditions of a booking entity authorisation if the chief executive is satisfied the amendment is necessary for improving booking services for booked hire services in the public interest.\nA regulation may also authorise the amendment of a booking entity authorisation in other circumstances and make other provision about amending a booking entity authorisation.\ns 91Z ins 2017 No. 18 s 18\n(sec.91Z-ssec.1) A regulation may authorise the chief executive to amend the conditions of a booking entity authorisation if the chief executive is satisfied the amendment is necessary for improving booking services for booked hire services in the public interest.\n(sec.91Z-ssec.2) A regulation may also authorise the amendment of a booking entity authorisation in other circumstances and make other provision about amending a booking entity authorisation.","sortOrder":247},{"sectionNumber":"sec.91ZA","sectionType":"section","heading":"Suspension and cancellation of booking entity authorisation","content":"### sec.91ZA Suspension and cancellation of booking entity authorisation\n\nA regulation may provide for suspending and cancelling a booking entity authorisation.\nWithout limiting subsection (1) , a regulation may authorise the chief executive to—\nsuspend or cancel a person’s booking entity authorisation if—\nthe person or, for a person who is a foreign person, the person’s local nominee contravenes a condition of the authorisation; or\nthe person or, for a person who is a foreign person, the person’s local nominee contravenes a provision of relevant transport legislation relating to providing a booked hire service or a motor vehicle used to provide a booked hire service; or\nthe person or another relevant person has been charged with, or convicted of, a disqualifying offence; and\nimmediately suspend a person’s booking entity authorisation if—\nfor a person who is a foreign person—the person does not have a local nominee; or\nthe person or, for a person who is a foreign person, the person’s local nominee takes steps to avoid detection of, or prosecution for, an offence committed by the person or another person in relation to providing a booked hire service or booking service for a booked hire service; or\nthe chief executive considers it necessary in the public interest.\ns 91ZA ins 2017 No. 18 s 18\n(sec.91ZA-ssec.1) A regulation may provide for suspending and cancelling a booking entity authorisation.\n(sec.91ZA-ssec.2) Without limiting subsection (1) , a regulation may authorise the chief executive to— suspend or cancel a person’s booking entity authorisation if— the person or, for a person who is a foreign person, the person’s local nominee contravenes a condition of the authorisation; or the person or, for a person who is a foreign person, the person’s local nominee contravenes a provision of relevant transport legislation relating to providing a booked hire service or a motor vehicle used to provide a booked hire service; or the person or another relevant person has been charged with, or convicted of, a disqualifying offence; and immediately suspend a person’s booking entity authorisation if— for a person who is a foreign person—the person does not have a local nominee; or the person or, for a person who is a foreign person, the person’s local nominee takes steps to avoid detection of, or prosecution for, an offence committed by the person or another person in relation to providing a booked hire service or booking service for a booked hire service; or the chief executive considers it necessary in the public interest.\n- (a) suspend or cancel a person’s booking entity authorisation if— (i) the person or, for a person who is a foreign person, the person’s local nominee contravenes a condition of the authorisation; or (ii) the person or, for a person who is a foreign person, the person’s local nominee contravenes a provision of relevant transport legislation relating to providing a booked hire service or a motor vehicle used to provide a booked hire service; or (iii) the person or another relevant person has been charged with, or convicted of, a disqualifying offence; and\n- (i) the person or, for a person who is a foreign person, the person’s local nominee contravenes a condition of the authorisation; or\n- (ii) the person or, for a person who is a foreign person, the person’s local nominee contravenes a provision of relevant transport legislation relating to providing a booked hire service or a motor vehicle used to provide a booked hire service; or\n- (iii) the person or another relevant person has been charged with, or convicted of, a disqualifying offence; and\n- (b) immediately suspend a person’s booking entity authorisation if— (i) for a person who is a foreign person—the person does not have a local nominee; or (ii) the person or, for a person who is a foreign person, the person’s local nominee takes steps to avoid detection of, or prosecution for, an offence committed by the person or another person in relation to providing a booked hire service or booking service for a booked hire service; or (iii) the chief executive considers it necessary in the public interest.\n- (i) for a person who is a foreign person—the person does not have a local nominee; or\n- (ii) the person or, for a person who is a foreign person, the person’s local nominee takes steps to avoid detection of, or prosecution for, an offence committed by the person or another person in relation to providing a booked hire service or booking service for a booked hire service; or\n- (iii) the chief executive considers it necessary in the public interest.\n- (i) the person or, for a person who is a foreign person, the person’s local nominee contravenes a condition of the authorisation; or\n- (ii) the person or, for a person who is a foreign person, the person’s local nominee contravenes a provision of relevant transport legislation relating to providing a booked hire service or a motor vehicle used to provide a booked hire service; or\n- (iii) the person or another relevant person has been charged with, or convicted of, a disqualifying offence; and\n- (i) for a person who is a foreign person—the person does not have a local nominee; or\n- (ii) the person or, for a person who is a foreign person, the person’s local nominee takes steps to avoid detection of, or prosecution for, an offence committed by the person or another person in relation to providing a booked hire service or booking service for a booked hire service; or\n- (iii) the chief executive considers it necessary in the public interest.","sortOrder":248},{"sectionNumber":"sec.91ZB","sectionType":"section","heading":"Transfer, lease or surrender","content":"### sec.91ZB Transfer, lease or surrender\n\nA booking entity authorisation is not transferable to another person and can not be leased.\nA regulation may provide for a booking entity authorisation to be surrendered.\ns 91ZB ins 2017 No. 18 s 18\n(sec.91ZB-ssec.1) A booking entity authorisation is not transferable to another person and can not be leased.\n(sec.91ZB-ssec.2) A regulation may provide for a booking entity authorisation to be surrendered.","sortOrder":249},{"sectionNumber":"sec.91ZC","sectionType":"section","heading":"Application of subdivision","content":"### sec.91ZC Application of subdivision\n\nThis subdivision applies if an authorised booking entity is a foreign person.\ns 91ZC ins 2017 No. 18 s 18","sortOrder":250},{"sectionNumber":"sec.91ZD","sectionType":"section","heading":"Requirement for local nominee","content":"### sec.91ZD Requirement for local nominee\n\nThe authorised booking entity must nominate 1 person to be its representative for the purposes of this Act (the entity’s local nominee ).\nThe nominated person must be—\nan individual who usually lives in Australia; or\na corporation incorporated in Australia.\nThe nomination must—\nbe given to the chief executive in the approved form; and\ninclude the nominated person’s signed written consent to the nomination.\ns 91ZD ins 2017 No. 18 s 18\n(sec.91ZD-ssec.1) The authorised booking entity must nominate 1 person to be its representative for the purposes of this Act (the entity’s local nominee ).\n(sec.91ZD-ssec.2) The nominated person must be— an individual who usually lives in Australia; or a corporation incorporated in Australia.\n(sec.91ZD-ssec.3) The nomination must— be given to the chief executive in the approved form; and include the nominated person’s signed written consent to the nomination.\n- (a) an individual who usually lives in Australia; or\n- (b) a corporation incorporated in Australia.\n- (a) be given to the chief executive in the approved form; and\n- (b) include the nominated person’s signed written consent to the nomination.","sortOrder":251},{"sectionNumber":"sec.91ZE","sectionType":"section","heading":"Local nominee is liable for offence against the Act","content":"### sec.91ZE Local nominee is liable for offence against the Act\n\nIf the authorised booking entity commits an offence against this Act, the entity’s local nominee is taken to have also committed the offence.\nIf the authorised booking entity is a corporation, the entity’s local nominee, on conviction of an offence under subsection (1) , is liable to the penalty that applies for a corporation convicted of the offence, whether or not the local nominee is an individual or a corporation.\nSee the Penalties and Sentences Act 1992 , section 181B in relation to fines for a corporation for offences for which a fine for a corporation is not expressly stated.\nThe local nominee may be proceeded against for, and convicted of, the offence whether or not the authorised booking entity has been proceeded against for, or convicted of, the offence.\nThis section does not affect—\nthe liability of the authorised booking entity for the offence; or\nthe liability, under the Criminal Code , chapter 2 , of any person for the offence.\ns 91ZE ins 2017 No. 18 s 18\n(sec.91ZE-ssec.1) If the authorised booking entity commits an offence against this Act, the entity’s local nominee is taken to have also committed the offence.\n(sec.91ZE-ssec.2) If the authorised booking entity is a corporation, the entity’s local nominee, on conviction of an offence under subsection (1) , is liable to the penalty that applies for a corporation convicted of the offence, whether or not the local nominee is an individual or a corporation. See the Penalties and Sentences Act 1992 , section 181B in relation to fines for a corporation for offences for which a fine for a corporation is not expressly stated.\n(sec.91ZE-ssec.3) The local nominee may be proceeded against for, and convicted of, the offence whether or not the authorised booking entity has been proceeded against for, or convicted of, the offence.\n(sec.91ZE-ssec.4) This section does not affect— the liability of the authorised booking entity for the offence; or the liability, under the Criminal Code , chapter 2 , of any person for the offence.\n- (a) the liability of the authorised booking entity for the offence; or\n- (b) the liability, under the Criminal Code , chapter 2 , of any person for the offence.","sortOrder":252},{"sectionNumber":"sec.91ZF","sectionType":"section","heading":"Giving document or information","content":"### sec.91ZF Giving document or information\n\nA notice, direction, report or other document is given to the authorised booking entity under this Act by giving the notice, direction, report or other document to the entity’s local nominee.\nA notice or other document, other than a nomination under section 91ZD (3) , or information given to the chief executive under this Act by an authorised booking entity’s local nominee is taken to have been given to the chief executive by the authorised booking entity.\ns 91ZF ins 2017 No. 18 s 18\n(sec.91ZF-ssec.1) A notice, direction, report or other document is given to the authorised booking entity under this Act by giving the notice, direction, report or other document to the entity’s local nominee.\n(sec.91ZF-ssec.2) A notice or other document, other than a nomination under section 91ZD (3) , or information given to the chief executive under this Act by an authorised booking entity’s local nominee is taken to have been given to the chief executive by the authorised booking entity.","sortOrder":253},{"sectionNumber":"sec.91ZG","sectionType":"section","heading":"Obligation to keep and provide information","content":"### sec.91ZG Obligation to keep and provide information\n\nAn authorised booking entity must keep the information prescribed by regulation about the following matters, in the way and for the period prescribed by regulation—\nthe booking services provided by the entity;\nbooked hire services for which the entity provides booking services.\nMaximum penalty—150 penalty units.\nAn authorised booking entity must provide the information the entity must keep under subsection (1) to the chief executive, in the way and at the times prescribed by regulation.\nMaximum penalty—150 penalty units.\nInformation given to the chief executive under this section is not admissible in a civil, criminal or administrative proceeding other than a proceeding about complying with subsection (1) or (2) .\ns 91ZG ins 2017 No. 18 s 18\n(sec.91ZG-ssec.1) An authorised booking entity must keep the information prescribed by regulation about the following matters, in the way and for the period prescribed by regulation— the booking services provided by the entity; booked hire services for which the entity provides booking services. Maximum penalty—150 penalty units.\n(sec.91ZG-ssec.2) An authorised booking entity must provide the information the entity must keep under subsection (1) to the chief executive, in the way and at the times prescribed by regulation. Maximum penalty—150 penalty units.\n(sec.91ZG-ssec.3) Information given to the chief executive under this section is not admissible in a civil, criminal or administrative proceeding other than a proceeding about complying with subsection (1) or (2) .\n- (a) the booking services provided by the entity;\n- (b) booked hire services for which the entity provides booking services.","sortOrder":254},{"sectionNumber":"sec.91ZH","sectionType":"section","heading":"Register of booking entity authorisations","content":"### sec.91ZH Register of booking entity authorisations\n\nThe chief executive must keep a register of booking entity authorisations.\nThe register must contain at least the following particulars for each booking entity authorisation—\nthe authorised booking entity’s name, business name (if any) and contact details;\nthe number of the authorisation;\nthe day the authorisation takes effect and expires;\nif the entity is a foreign person—the name, business name (if any) and contact details of the entity’s local nominee;\nany conditions of the authorisation.\nThe register may be kept in a form, including electronic form, the chief executive considers appropriate.\nThe chief executive may publish information from the register on the department’s website, including, for example, the following—\nan authorised booking entity’s name and business name (if any);\nif an authorised booking entity is a foreign person—the name and business name (if any) of the entity’s local nominee;\nthe identifying number of a booking entity authorisation.\nHowever, the chief executive must not publish information from the register about an individual other than the information mentioned in subsection (4) (a) and (b) .\ns 91ZH ins 2017 No. 18 s 18\n(sec.91ZH-ssec.1) The chief executive must keep a register of booking entity authorisations.\n(sec.91ZH-ssec.2) The register must contain at least the following particulars for each booking entity authorisation— the authorised booking entity’s name, business name (if any) and contact details; the number of the authorisation; the day the authorisation takes effect and expires; if the entity is a foreign person—the name, business name (if any) and contact details of the entity’s local nominee; any conditions of the authorisation.\n(sec.91ZH-ssec.3) The register may be kept in a form, including electronic form, the chief executive considers appropriate.\n(sec.91ZH-ssec.4) The chief executive may publish information from the register on the department’s website, including, for example, the following— an authorised booking entity’s name and business name (if any); if an authorised booking entity is a foreign person—the name and business name (if any) of the entity’s local nominee; the identifying number of a booking entity authorisation.\n(sec.91ZH-ssec.5) However, the chief executive must not publish information from the register about an individual other than the information mentioned in subsection (4) (a) and (b) .\n- (a) the authorised booking entity’s name, business name (if any) and contact details;\n- (b) the number of the authorisation;\n- (c) the day the authorisation takes effect and expires;\n- (d) if the entity is a foreign person—the name, business name (if any) and contact details of the entity’s local nominee;\n- (e) any conditions of the authorisation.\n- (a) an authorised booking entity’s name and business name (if any);\n- (b) if an authorised booking entity is a foreign person—the name and business name (if any) of the entity’s local nominee;\n- (c) the identifying number of a booking entity authorisation.","sortOrder":255},{"sectionNumber":"ch.7-pt.5","sectionType":"part","heading":"Enforcement","content":"# Enforcement","sortOrder":256},{"sectionNumber":"ch.7-pt.5-div.1","sectionType":"division","heading":"Driving sanctions for driver offences","content":"## Driving sanctions for driver offences","sortOrder":257},{"sectionNumber":"sec.91ZHA","sectionType":"section","heading":"Application of division","content":"### sec.91ZHA Application of division\n\nThis division applies if a person has—\ncommitted 3 or more relevant driver offences within a 3-year period; or\nif a driving sanction has previously been imposed on the person under section 91ZJ —committed a further 3 or more relevant driver offences within a later 3-year period.\nSee section 150C for when a person commits an offence for this section.\nFor subsection (1) , if a person committed 2 or more relevant driver offences because of conduct the person engaged in at a particular time, the person is taken to have committed only 1 relevant driver offence at the time.\nIt does not matter whether a 3-year period mentioned in subsection (1) (b) started before, during or after the period the driving sanction mentioned in that subsection was in effect.\nIn this section—\nconduct means an act or an omission to perform an act.\ns 91ZHA ins 2017 No. 18 s 18\n(sec.91ZHA-ssec.1) This division applies if a person has— committed 3 or more relevant driver offences within a 3-year period; or if a driving sanction has previously been imposed on the person under section 91ZJ —committed a further 3 or more relevant driver offences within a later 3-year period. See section 150C for when a person commits an offence for this section.\n(sec.91ZHA-ssec.2) For subsection (1) , if a person committed 2 or more relevant driver offences because of conduct the person engaged in at a particular time, the person is taken to have committed only 1 relevant driver offence at the time.\n(sec.91ZHA-ssec.3) It does not matter whether a 3-year period mentioned in subsection (1) (b) started before, during or after the period the driving sanction mentioned in that subsection was in effect.\n(sec.91ZHA-ssec.4) In this section— conduct means an act or an omission to perform an act.\n- (a) committed 3 or more relevant driver offences within a 3-year period; or\n- (b) if a driving sanction has previously been imposed on the person under section 91ZJ —committed a further 3 or more relevant driver offences within a later 3-year period.","sortOrder":258},{"sectionNumber":"sec.91ZI","sectionType":"section","heading":"What is a relevant driver offence","content":"### sec.91ZI What is a relevant driver offence\n\nAn offence committed by the driver of a motor vehicle against any of the following provisions is a relevant driver offence —\nsection 27 (1) ;\nsection 74 (1) or (2) ;\nsection 75 (2) ;\nsection 76 (1) ;\nsection 77 (1) ;\nsection 78 (2) ;\nsection 82 (1) or (3) .\nAlso, an offence committed by the driver of a motor vehicle is a relevant driver offence if the offence is committed—\nagainst a provision prescribed by regulation to be a provision to which this section applies; and\neither—\nwhile the driver is driving a taxi, booked hire vehicle or limousine; or\nwhile the driver is providing a taxi service or booked hire service.\ns 91ZI ins 2017 No. 18 s 18\namd 2019 No. 24 s 111\n(sec.91ZI-ssec.1) An offence committed by the driver of a motor vehicle against any of the following provisions is a relevant driver offence — section 27 (1) ; section 74 (1) or (2) ; section 75 (2) ; section 76 (1) ; section 77 (1) ; section 78 (2) ; section 82 (1) or (3) .\n(sec.91ZI-ssec.2) Also, an offence committed by the driver of a motor vehicle is a relevant driver offence if the offence is committed— against a provision prescribed by regulation to be a provision to which this section applies; and either— while the driver is driving a taxi, booked hire vehicle or limousine; or while the driver is providing a taxi service or booked hire service.\n- (a) section 27 (1) ;\n- (b) section 74 (1) or (2) ;\n- (c) section 75 (2) ;\n- (d) section 76 (1) ;\n- (e) section 77 (1) ;\n- (f) section 78 (2) ;\n- (g) section 82 (1) or (3) .\n- (a) against a provision prescribed by regulation to be a provision to which this section applies; and\n- (b) either— (i) while the driver is driving a taxi, booked hire vehicle or limousine; or (ii) while the driver is providing a taxi service or booked hire service.\n- (i) while the driver is driving a taxi, booked hire vehicle or limousine; or\n- (ii) while the driver is providing a taxi service or booked hire service.\n- (i) while the driver is driving a taxi, booked hire vehicle or limousine; or\n- (ii) while the driver is providing a taxi service or booked hire service.","sortOrder":259},{"sectionNumber":"sec.91ZJ","sectionType":"section","heading":"Chief executive may impose driving sanction","content":"### sec.91ZJ Chief executive may impose driving sanction\n\nThe chief executive may take the following action in relation to the person (each a driving sanction )—\nif the person holds a Queensland driver licence—suspend the person’s Queensland driver licence;\nif the person’s authority to drive on a Queensland road is under a driver licence other than a Queensland driver licence—suspend the person’s authority under the licence to drive on a Queensland road;\nif the person does not hold a driver licence—disqualify the person from holding or obtaining a driver licence.\nA driving sanction imposed on a person under subsection (1) has effect for the following period—\nfor a first driving sanction—1 month;\nfor a second or later driving sanction—3 months.\nThe chief executive imposes a driving sanction under subsection (1) by giving a person a written notice stating the following—\nthe nature of the driving sanction being imposed;\nthe day the sanction starts, which must be at least 7 days after the day the notice is given;\nthe day the sanction ends;\nthe reasons for the sanction;\nthat the person may not apply to the chief executive for reconsideration of the decision or to QCAT for a review of the decision.\ns 91ZJ ins 2017 No. 18 s 18\n(sec.91ZJ-ssec.1) The chief executive may take the following action in relation to the person (each a driving sanction )— if the person holds a Queensland driver licence—suspend the person’s Queensland driver licence; if the person’s authority to drive on a Queensland road is under a driver licence other than a Queensland driver licence—suspend the person’s authority under the licence to drive on a Queensland road; if the person does not hold a driver licence—disqualify the person from holding or obtaining a driver licence.\n(sec.91ZJ-ssec.2) A driving sanction imposed on a person under subsection (1) has effect for the following period— for a first driving sanction—1 month; for a second or later driving sanction—3 months.\n(sec.91ZJ-ssec.3) The chief executive imposes a driving sanction under subsection (1) by giving a person a written notice stating the following— the nature of the driving sanction being imposed; the day the sanction starts, which must be at least 7 days after the day the notice is given; the day the sanction ends; the reasons for the sanction; that the person may not apply to the chief executive for reconsideration of the decision or to QCAT for a review of the decision.\n- (a) if the person holds a Queensland driver licence—suspend the person’s Queensland driver licence;\n- (b) if the person’s authority to drive on a Queensland road is under a driver licence other than a Queensland driver licence—suspend the person’s authority under the licence to drive on a Queensland road;\n- (c) if the person does not hold a driver licence—disqualify the person from holding or obtaining a driver licence.\n- (a) for a first driving sanction—1 month;\n- (b) for a second or later driving sanction—3 months.\n- (a) the nature of the driving sanction being imposed;\n- (b) the day the sanction starts, which must be at least 7 days after the day the notice is given;\n- (c) the day the sanction ends;\n- (d) the reasons for the sanction;\n- (e) that the person may not apply to the chief executive for reconsideration of the decision or to QCAT for a review of the decision.","sortOrder":260},{"sectionNumber":"sec.91ZK","sectionType":"section","heading":"General effect of suspension of driver licence","content":"### sec.91ZK General effect of suspension of driver licence\n\nThis section applies if the chief executive suspends a person’s Queensland driver licence under section 91ZJ .\nWhile the person’s driver licence is suspended, the person is not eligible to apply for a special hardship order under the Transport Operations (Road Use Management) Act 1995 .\nA special hardship order under the Transport Operations (Road Use Management) Act 1995 authorises a person whose driver licence has been suspended to continue to drive motor vehicles in stated circumstances. See section 150 (1A) of that Act.\nSubsection (2) applies despite the Transport Operations (Road Use Management) Act 1995 .\nThe suspension of the person’s driver licence—\nis not affected by the renewal or replacement of the suspended licence; and\ndoes not affect the suspension or cancellation of the licence under another Act, whether by operation of law or the exercise of a power by a court or another person.\ns 91ZK ins 2017 No. 18 s 18\n(sec.91ZK-ssec.1) This section applies if the chief executive suspends a person’s Queensland driver licence under section 91ZJ .\n(sec.91ZK-ssec.2) While the person’s driver licence is suspended, the person is not eligible to apply for a special hardship order under the Transport Operations (Road Use Management) Act 1995 . A special hardship order under the Transport Operations (Road Use Management) Act 1995 authorises a person whose driver licence has been suspended to continue to drive motor vehicles in stated circumstances. See section 150 (1A) of that Act.\n(sec.91ZK-ssec.3) Subsection (2) applies despite the Transport Operations (Road Use Management) Act 1995 .\n(sec.91ZK-ssec.4) The suspension of the person’s driver licence— is not affected by the renewal or replacement of the suspended licence; and does not affect the suspension or cancellation of the licence under another Act, whether by operation of law or the exercise of a power by a court or another person.\n- (a) is not affected by the renewal or replacement of the suspended licence; and\n- (b) does not affect the suspension or cancellation of the licence under another Act, whether by operation of law or the exercise of a power by a court or another person.","sortOrder":261},{"sectionNumber":"sec.91ZL","sectionType":"section","heading":"Effect of suspension of driver licence on vehicle insurance","content":"### sec.91ZL Effect of suspension of driver licence on vehicle insurance\n\nThe suspension of a person’s driver licence under this Act does not terminate a vehicle insurance policy.\nAlso, a claim under a vehicle insurance policy can not be refused only because a person’s driver licence is suspended under this Act.\nThis section applies despite anything to the contrary in a vehicle insurance policy or any other agreement.\nIn this section—\nvehicle insurance policy —\nmeans a policy of insurance for damage or loss caused by, or arising from, the use or operation of a vehicle; but\ndoes not include a CTP insurance policy under the Motor Accident Insurance Act 1994 .\ns 91ZL ins 2017 No. 18 s 18\n(sec.91ZL-ssec.1) The suspension of a person’s driver licence under this Act does not terminate a vehicle insurance policy.\n(sec.91ZL-ssec.2) Also, a claim under a vehicle insurance policy can not be refused only because a person’s driver licence is suspended under this Act.\n(sec.91ZL-ssec.3) This section applies despite anything to the contrary in a vehicle insurance policy or any other agreement.\n(sec.91ZL-ssec.4) In this section— vehicle insurance policy — means a policy of insurance for damage or loss caused by, or arising from, the use or operation of a vehicle; but does not include a CTP insurance policy under the Motor Accident Insurance Act 1994 .\n- (a) means a policy of insurance for damage or loss caused by, or arising from, the use or operation of a vehicle; but\n- (b) does not include a CTP insurance policy under the Motor Accident Insurance Act 1994 .","sortOrder":262},{"sectionNumber":"ch.7-pt.5-div.2","sectionType":"division","heading":null,"content":"","sortOrder":263},{"sectionNumber":"sec.91ZM","sectionType":"section","heading":null,"content":"### Section sec.91ZM\n\ns 91ZM ins 2017 No. 18 s 18\nom 2024 No. 2 s 40","sortOrder":264},{"sectionNumber":"sec.91ZN","sectionType":"section","heading":null,"content":"### Section sec.91ZN\n\ns 91ZN ins 2017 No. 18 s 18\nom 2024 No. 2 s 40","sortOrder":265},{"sectionNumber":"sec.91ZO","sectionType":"section","heading":null,"content":"### Section sec.91ZO\n\ns 91ZO ins 2017 No. 18 s 18\nom 2024 No. 2 s 40","sortOrder":266},{"sectionNumber":"sec.91ZP","sectionType":"section","heading":null,"content":"### Section sec.91ZP\n\ns 91ZP ins 2017 No. 18 s 18\nom 2024 No. 2 s 40","sortOrder":267},{"sectionNumber":"sec.91ZQ","sectionType":"section","heading":null,"content":"### Section sec.91ZQ\n\ns 91ZQ ins 2017 No. 18 s 18\nom 2024 No. 2 s 40","sortOrder":268},{"sectionNumber":"ch.7-pt.5-div.3","sectionType":"division","heading":"Other offences","content":"## Other offences","sortOrder":269},{"sectionNumber":"sec.91ZQA","sectionType":"section","heading":"Avoiding detection or prosecution","content":"### sec.91ZQA Avoiding detection or prosecution\n\nA person must not take steps to avoid detection of, or prosecution for, conduct that involves the commission of a chapter 7 offence by the person or another person.\nMaximum penalty—3,000 penalty units.\nA person may be convicted of an offence against subsection (1) in relation to a person’s conduct even if no one has been proceeded against for, or convicted of, the offence involving the conduct.\nIn this section—\nchapter 7 offence means an offence against a provision of this chapter.\nconduct means an act or an omission to perform an act.\ntake steps , to do something, includes organise, plan, facilitate, support, engage in, or otherwise conspire to take steps in, doing the thing.\nIf a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 91ZQB , to have also committed the offence.\ns 91ZQA ins 2017 No. 18 s 18\n(sec.91ZQA-ssec.1) A person must not take steps to avoid detection of, or prosecution for, conduct that involves the commission of a chapter 7 offence by the person or another person. Maximum penalty—3,000 penalty units.\n(sec.91ZQA-ssec.2) A person may be convicted of an offence against subsection (1) in relation to a person’s conduct even if no one has been proceeded against for, or convicted of, the offence involving the conduct.\n(sec.91ZQA-ssec.3) In this section— chapter 7 offence means an offence against a provision of this chapter. conduct means an act or an omission to perform an act. take steps , to do something, includes organise, plan, facilitate, support, engage in, or otherwise conspire to take steps in, doing the thing.","sortOrder":270},{"sectionNumber":"sec.91ZQB","sectionType":"section","heading":"Executive officer may be taken to have committed offence","content":"### sec.91ZQB Executive officer may be taken to have committed offence\n\nIf a corporation commits an offence against section 91ZQA , an executive officer of the corporation is taken to have also committed the offence if—\nthe officer authorised or permitted the corporation’s conduct constituting the offence; or\nthe officer was, directly or indirectly, knowingly concerned in the corporation’s conduct constituting the offence.\nThe executive officer may be proceeded against for, and convicted of, an offence against section 91ZQA whether or not the corporation has been proceeded against for, or convicted of, the offence.\nThis section does not affect—\nthe liability of the corporation for the offence against section 91ZQA ; or\nthe liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is an executive officer of the corporation, for the offence against section 91ZQA .\ns 91ZQB ins 2017 No. 18 s 18\n(sec.91ZQB-ssec.1) If a corporation commits an offence against section 91ZQA , an executive officer of the corporation is taken to have also committed the offence if— the officer authorised or permitted the corporation’s conduct constituting the offence; or the officer was, directly or indirectly, knowingly concerned in the corporation’s conduct constituting the offence.\n(sec.91ZQB-ssec.2) The executive officer may be proceeded against for, and convicted of, an offence against section 91ZQA whether or not the corporation has been proceeded against for, or convicted of, the offence.\n(sec.91ZQB-ssec.3) This section does not affect— the liability of the corporation for the offence against section 91ZQA ; or the liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is an executive officer of the corporation, for the offence against section 91ZQA .\n- (a) the officer authorised or permitted the corporation’s conduct constituting the offence; or\n- (b) the officer was, directly or indirectly, knowingly concerned in the corporation’s conduct constituting the offence.\n- (a) the liability of the corporation for the offence against section 91ZQA ; or\n- (b) the liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is an executive officer of the corporation, for the offence against section 91ZQA .","sortOrder":271},{"sectionNumber":"sec.91ZR","sectionType":"section","heading":"Charging more than maximum fare","content":"### sec.91ZR Charging more than maximum fare\n\nThe chief executive may, by gazette notice, decide maximum fares for taxi services.\nAlso, the chief executive may, by gazette notice, decide maximum fares for booked hire services—\nfor members of a personalised transport subsidy scheme under section 91ZY ; or\nprovided using a type of vehicle, or for a class of persons, prescribed by regulation; or\nmentioned in section 75 .\nA person must not charge more than the maximum fare for a taxi service or booked hire service to which a maximum fare under subsection (1) or (2) applies.\nMaximum penalty—40 penalty units.\nFor subsection (3) , a person charges a fare for a taxi service or booked hire service if the person decides or otherwise controls the amount of the fare, including, for example—\nby administering an electronic system that determines the amount automatically using a computer program or in another way; or\nby using a device to process payment of an amount that includes the amount of the fare.\ns 91ZR ins 2017 No. 18 s 18\n(sec.91ZR-ssec.1) The chief executive may, by gazette notice, decide maximum fares for taxi services.\n(sec.91ZR-ssec.2) Also, the chief executive may, by gazette notice, decide maximum fares for booked hire services— for members of a personalised transport subsidy scheme under section 91ZY ; or provided using a type of vehicle, or for a class of persons, prescribed by regulation; or mentioned in section 75 .\n(sec.91ZR-ssec.3) A person must not charge more than the maximum fare for a taxi service or booked hire service to which a maximum fare under subsection (1) or (2) applies. Maximum penalty—40 penalty units.\n(sec.91ZR-ssec.4) For subsection (3) , a person charges a fare for a taxi service or booked hire service if the person decides or otherwise controls the amount of the fare, including, for example— by administering an electronic system that determines the amount automatically using a computer program or in another way; or by using a device to process payment of an amount that includes the amount of the fare.\n- (a) for members of a personalised transport subsidy scheme under section 91ZY ; or\n- (b) provided using a type of vehicle, or for a class of persons, prescribed by regulation; or\n- (c) mentioned in section 75 .\n- (a) by administering an electronic system that determines the amount automatically using a computer program or in another way; or\n- (b) by using a device to process payment of an amount that includes the amount of the fare.","sortOrder":272},{"sectionNumber":"sec.91ZS","sectionType":"section","heading":"Charging more than maximum payment surcharge for fare","content":"### sec.91ZS Charging more than maximum payment surcharge for fare\n\nA payment surcharge for a fare for a taxi service or booked hire service is an amount (however described) charged, in addition to the amount of the fare—\nfor processing payment for the fare; or\nfor paying the fare using one payment method rather than another.\nA regulation may prescribe a maximum payment surcharge for a fare for a taxi service or booked hire service.\nA person must not charge more than the maximum payment surcharge for a fare for a taxi service or booked hire service to which a maximum payment surcharge under subsection (2) applies.\nMaximum penalty—40 penalty units.\nFor subsection (3) , a person charges a payment surcharge for a fare for a taxi service or booked hire service if the person decides or otherwise controls the amount of the payment surcharge, including, for example—\nby administering an electronic system that determines the amount automatically using a computer program or in another way; or\nby using a device to process payment of an amount that includes the amount of the payment surcharge.\ns 91ZS ins 2017 No. 18 s 18\n(sec.91ZS-ssec.1) A payment surcharge for a fare for a taxi service or booked hire service is an amount (however described) charged, in addition to the amount of the fare— for processing payment for the fare; or for paying the fare using one payment method rather than another.\n(sec.91ZS-ssec.2) A regulation may prescribe a maximum payment surcharge for a fare for a taxi service or booked hire service.\n(sec.91ZS-ssec.3) A person must not charge more than the maximum payment surcharge for a fare for a taxi service or booked hire service to which a maximum payment surcharge under subsection (2) applies. Maximum penalty—40 penalty units.\n(sec.91ZS-ssec.4) For subsection (3) , a person charges a payment surcharge for a fare for a taxi service or booked hire service if the person decides or otherwise controls the amount of the payment surcharge, including, for example— by administering an electronic system that determines the amount automatically using a computer program or in another way; or by using a device to process payment of an amount that includes the amount of the payment surcharge.\n- (a) for processing payment for the fare; or\n- (b) for paying the fare using one payment method rather than another.\n- (a) by administering an electronic system that determines the amount automatically using a computer program or in another way; or\n- (b) by using a device to process payment of an amount that includes the amount of the payment surcharge.","sortOrder":273},{"sectionNumber":"ch.7-pt.6","sectionType":"part","heading":"General provisions","content":"# General provisions","sortOrder":274},{"sectionNumber":"ch.7-pt.6-div.1","sectionType":"division","heading":"Taxi service areas","content":"## Taxi service areas","sortOrder":275},{"sectionNumber":"sec.91ZT","sectionType":"section","heading":"Taxi service areas","content":"### sec.91ZT Taxi service areas\n\nThis section applies to a taxi service to which a regulation under section 36 applies.\nSection 36 allows a regulation to declare that a public passenger service is to be provided with market entry restrictions.\nThe chief executive may, by gazette notice, declare a taxi service area.\nThe chief executive may, by gazette notice, fix the number of taxi service licences for a taxi service area.\nIn fixing the number of taxi service licences for a taxi service area, the chief executive—\nmust consider whether there are enough taxi service licences for the area to meet public demand; and\nmay take into account—\nthe views of users of taxi services in the area; and\nrecent changes in travel patterns in the area; and\nthe types of taxi services or booked hire services available in the area; and\nthe performance of the existing taxi fleet in the area; and\nthe productivity of the fleet.\ns 91ZT ins 2017 No. 18 s 18\n(sec.91ZT-ssec.1) This section applies to a taxi service to which a regulation under section 36 applies. Section 36 allows a regulation to declare that a public passenger service is to be provided with market entry restrictions.\n(sec.91ZT-ssec.2) The chief executive may, by gazette notice, declare a taxi service area.\n(sec.91ZT-ssec.3) The chief executive may, by gazette notice, fix the number of taxi service licences for a taxi service area.\n(sec.91ZT-ssec.4) In fixing the number of taxi service licences for a taxi service area, the chief executive— must consider whether there are enough taxi service licences for the area to meet public demand; and may take into account— the views of users of taxi services in the area; and recent changes in travel patterns in the area; and the types of taxi services or booked hire services available in the area; and the performance of the existing taxi fleet in the area; and the productivity of the fleet.\n- (a) must consider whether there are enough taxi service licences for the area to meet public demand; and\n- (b) may take into account— (i) the views of users of taxi services in the area; and (ii) recent changes in travel patterns in the area; and (iii) the types of taxi services or booked hire services available in the area; and (iv) the performance of the existing taxi fleet in the area; and (v) the productivity of the fleet.\n- (i) the views of users of taxi services in the area; and\n- (ii) recent changes in travel patterns in the area; and\n- (iii) the types of taxi services or booked hire services available in the area; and\n- (iv) the performance of the existing taxi fleet in the area; and\n- (v) the productivity of the fleet.\n- (i) the views of users of taxi services in the area; and\n- (ii) recent changes in travel patterns in the area; and\n- (iii) the types of taxi services or booked hire services available in the area; and\n- (iv) the performance of the existing taxi fleet in the area; and\n- (v) the productivity of the fleet.","sortOrder":276},{"sectionNumber":"sec.91ZU","sectionType":"section","heading":"Public passenger service starting in taxi service area for a taxi","content":"### sec.91ZU Public passenger service starting in taxi service area for a taxi\n\nA person must not use a taxi to provide a public passenger service for a journey that starts in a taxi service area unless—\nthe taxi service area in which the journey starts is the taxi service area for the taxi; or\na condition of the taxi service licence otherwise authorises the taxi to be used to provide a public passenger service for the journey.\nMaximum penalty—40 penalty units.\nFor subsection (1) , it does not matter where the journey ends or if the journey involves leaving and re-entering the taxi service area.\nThis section does not apply to the use of a taxi to provide a public passenger service under a contract with a government entity.\nIn this section—\ngovernment entity means—\nany State or the Commonwealth; or\na department, service, agency, authority, commission, corporation, instrumentality, board, office or other entity established for a government purpose of any State or the Commonwealth; or\na part of an entity mentioned in paragraph (b) .\ns 91ZU ins 2017 No. 18 s 18\n(sec.91ZU-ssec.1) A person must not use a taxi to provide a public passenger service for a journey that starts in a taxi service area unless— the taxi service area in which the journey starts is the taxi service area for the taxi; or a condition of the taxi service licence otherwise authorises the taxi to be used to provide a public passenger service for the journey. Maximum penalty—40 penalty units.\n(sec.91ZU-ssec.2) For subsection (1) , it does not matter where the journey ends or if the journey involves leaving and re-entering the taxi service area.\n(sec.91ZU-ssec.3) This section does not apply to the use of a taxi to provide a public passenger service under a contract with a government entity.\n(sec.91ZU-ssec.4) In this section— government entity means— any State or the Commonwealth; or a department, service, agency, authority, commission, corporation, instrumentality, board, office or other entity established for a government purpose of any State or the Commonwealth; or a part of an entity mentioned in paragraph (b) .\n- (a) the taxi service area in which the journey starts is the taxi service area for the taxi; or\n- (b) a condition of the taxi service licence otherwise authorises the taxi to be used to provide a public passenger service for the journey.\n- (a) any State or the Commonwealth; or\n- (b) a department, service, agency, authority, commission, corporation, instrumentality, board, office or other entity established for a government purpose of any State or the Commonwealth; or\n- (c) a part of an entity mentioned in paragraph (b) .","sortOrder":277},{"sectionNumber":"sec.91ZV","sectionType":"section","heading":"No compensation for changes to taxi service areas","content":"### sec.91ZV No compensation for changes to taxi service areas\n\nCompensation is not payable if the chief executive—\ndoes any of the following things under section 91ZT —\ndeclares a taxi service area;\namends or repeals the declaration of a taxi service area;\nfixes the number of taxi service licences for a taxi service area;\namends the number of taxi service licences fixed for a taxi service area; or\nimposes or amends a condition of a taxi service licence to authorise the taxi to be used to provide a public passenger service for a journey under section 91ZU (1) (b) .\nAlso, compensation is not payable if, because of a matter mentioned in subsection (1) —\nanything previously permitted is prohibited or regulated; or\nanything previously prohibited is permitted or regulated; or\nanything previously regulated is no longer regulated or regulated in a different way; or\nthe value of a taxi service licence changes.\nThis section does not prevent a regulation providing for payment of compensation.\ns 91ZV ins 2017 No. 18 s 18\n(sec.91ZV-ssec.1) Compensation is not payable if the chief executive— does any of the following things under section 91ZT — declares a taxi service area; amends or repeals the declaration of a taxi service area; fixes the number of taxi service licences for a taxi service area; amends the number of taxi service licences fixed for a taxi service area; or imposes or amends a condition of a taxi service licence to authorise the taxi to be used to provide a public passenger service for a journey under section 91ZU (1) (b) .\n(sec.91ZV-ssec.2) Also, compensation is not payable if, because of a matter mentioned in subsection (1) — anything previously permitted is prohibited or regulated; or anything previously prohibited is permitted or regulated; or anything previously regulated is no longer regulated or regulated in a different way; or the value of a taxi service licence changes.\n(sec.91ZV-ssec.3) This section does not prevent a regulation providing for payment of compensation.\n- (a) does any of the following things under section 91ZT — (i) declares a taxi service area; (ii) amends or repeals the declaration of a taxi service area; (iii) fixes the number of taxi service licences for a taxi service area; (iv) amends the number of taxi service licences fixed for a taxi service area; or\n- (i) declares a taxi service area;\n- (ii) amends or repeals the declaration of a taxi service area;\n- (iii) fixes the number of taxi service licences for a taxi service area;\n- (iv) amends the number of taxi service licences fixed for a taxi service area; or\n- (b) imposes or amends a condition of a taxi service licence to authorise the taxi to be used to provide a public passenger service for a journey under section 91ZU (1) (b) .\n- (i) declares a taxi service area;\n- (ii) amends or repeals the declaration of a taxi service area;\n- (iii) fixes the number of taxi service licences for a taxi service area;\n- (iv) amends the number of taxi service licences fixed for a taxi service area; or\n- (a) anything previously permitted is prohibited or regulated; or\n- (b) anything previously prohibited is permitted or regulated; or\n- (c) anything previously regulated is no longer regulated or regulated in a different way; or\n- (d) the value of a taxi service licence changes.","sortOrder":278},{"sectionNumber":"ch.7-pt.6-div.2","sectionType":"division","heading":"Taxi industry security levy and fund","content":"## Taxi industry security levy and fund","sortOrder":279},{"sectionNumber":"sec.91ZW","sectionType":"section","heading":"Annual taxi industry security levy payable","content":"### sec.91ZW Annual taxi industry security levy payable\n\nThe chief executive may impose a taxi industry security levy (the security levy ) for a financial year on holders of taxi service licences for a prescribed taxi service area.\nThe purpose of the security levy is to contribute to the costs of improving the security of taxi services in the prescribed taxi service area.\nThe chief executive imposes the security levy by giving the holders written notice—\nrequiring the payment of the security levy; and\nstating the amount of the security levy and the date for payment.\nThe security levy is the amount prescribed by a regulation for the financial year.\nA regulation must not increase the security levy for a financial year by more than the CPI percentage increase for the financial year.\nThe holders must pay the security levy on or before the date stated in the notice as the date for payment.\nA levy amount not paid to the chief executive on or before the date for payment may be recovered by the chief executive as a debt.\nIn this section—\nCPI means the all groups consumer price index for Brisbane published by the Australian statistician.\nCPI percentage increase , for a financial year (the current financial year ), means the percentage increase in the CPI between the following quarters—\nthe March quarter for the financial year ending 2 years before the end of the current financial year;\nthe March quarter for the financial year ending 1 year before the end of the current financial year.\nprescribed taxi service area means a taxi service area prescribed by regulation for this section.\ns 91ZW ins 2017 No. 18 s 18\namd 2019 No. 24 s 112\n(sec.91ZW-ssec.1) The chief executive may impose a taxi industry security levy (the security levy ) for a financial year on holders of taxi service licences for a prescribed taxi service area.\n(sec.91ZW-ssec.2) The purpose of the security levy is to contribute to the costs of improving the security of taxi services in the prescribed taxi service area.\n(sec.91ZW-ssec.3) The chief executive imposes the security levy by giving the holders written notice— requiring the payment of the security levy; and stating the amount of the security levy and the date for payment.\n(sec.91ZW-ssec.4) The security levy is the amount prescribed by a regulation for the financial year.\n(sec.91ZW-ssec.5) A regulation must not increase the security levy for a financial year by more than the CPI percentage increase for the financial year.\n(sec.91ZW-ssec.6) The holders must pay the security levy on or before the date stated in the notice as the date for payment.\n(sec.91ZW-ssec.7) A levy amount not paid to the chief executive on or before the date for payment may be recovered by the chief executive as a debt.\n(sec.91ZW-ssec.8) In this section— CPI means the all groups consumer price index for Brisbane published by the Australian statistician. CPI percentage increase , for a financial year (the current financial year ), means the percentage increase in the CPI between the following quarters— the March quarter for the financial year ending 2 years before the end of the current financial year; the March quarter for the financial year ending 1 year before the end of the current financial year. prescribed taxi service area means a taxi service area prescribed by regulation for this section.\n- (a) requiring the payment of the security levy; and\n- (b) stating the amount of the security levy and the date for payment.\n- (a) the March quarter for the financial year ending 2 years before the end of the current financial year;\n- (b) the March quarter for the financial year ending 1 year before the end of the current financial year.","sortOrder":280},{"sectionNumber":"sec.91ZX","sectionType":"section","heading":"Taxi Industry Security Fund","content":"### sec.91ZX Taxi Industry Security Fund\n\nThe Taxi Industry Security Fund (the fund ) established under previous section 80B is continued in existence.\nThe Financial Accountability Act 2009 applies to the fund.\nAccounts for the fund must be kept as part of the departmental accounts of the department.\nAmounts received for the fund must be deposited in a departmental financial institution account of the department but may be deposited in an account used for depositing other amounts of the department.\nAmounts received for the fund include taxi industry security levies under section 91ZW .\nAmounts may be paid out of the fund for the costs of improving the security of taxi services, including, for example, the costs of engaging rank marshals and security guards at taxi ranks.\nIf there is a surplus in the fund at the end of a financial year, the surplus must remain in the fund.\nIn this section—\ndepartmental accounts , of a department, means the accounts of the department under the Financial Accountability Act 2009 , section 69 .\ndepartmental financial institution account , of a department, means an account of the department kept under the Financial Accountability Act 2009 , section 83 .\nother amounts , of a department, means amounts received by the department other than amounts received for the fund.\nprevious section 80B means section 80B as in force before the commencement.\ns 91ZX ins 2017 No. 18 s 18\n(sec.91ZX-ssec.1) The Taxi Industry Security Fund (the fund ) established under previous section 80B is continued in existence.\n(sec.91ZX-ssec.2) The Financial Accountability Act 2009 applies to the fund.\n(sec.91ZX-ssec.3) Accounts for the fund must be kept as part of the departmental accounts of the department.\n(sec.91ZX-ssec.4) Amounts received for the fund must be deposited in a departmental financial institution account of the department but may be deposited in an account used for depositing other amounts of the department.\n(sec.91ZX-ssec.5) Amounts received for the fund include taxi industry security levies under section 91ZW .\n(sec.91ZX-ssec.6) Amounts may be paid out of the fund for the costs of improving the security of taxi services, including, for example, the costs of engaging rank marshals and security guards at taxi ranks.\n(sec.91ZX-ssec.7) If there is a surplus in the fund at the end of a financial year, the surplus must remain in the fund.\n(sec.91ZX-ssec.8) In this section— departmental accounts , of a department, means the accounts of the department under the Financial Accountability Act 2009 , section 69 . departmental financial institution account , of a department, means an account of the department kept under the Financial Accountability Act 2009 , section 83 . other amounts , of a department, means amounts received by the department other than amounts received for the fund. previous section 80B means section 80B as in force before the commencement.","sortOrder":281},{"sectionNumber":"ch.7-pt.6-div.3","sectionType":"division","heading":"Other provisions","content":"## Other provisions","sortOrder":282},{"sectionNumber":"sec.91ZY","sectionType":"section","heading":"Personalised transport subsidy scheme","content":"### sec.91ZY Personalised transport subsidy scheme\n\nA regulation may provide a scheme under which the State, for public passenger services provided to particular groups using taxis, limousines or booked hire vehicles, pays—\nthe whole or a part of fares for the services; or\nanother amount for the provision of the services.\ns 91ZY ins 2017 No. 18 s 18\n- (a) the whole or a part of fares for the services; or\n- (b) another amount for the provision of the services.","sortOrder":283},{"sectionNumber":"sec.91ZZ","sectionType":"section","heading":"Security cameras","content":"### sec.91ZZ Security cameras\n\nA regulation may provide for—\nthe use of security cameras in vehicles used to provide taxi services or booked hire services; and\naccess to, and the disclosure and use of, information (including sound and images) captured by the cameras for purposes related to—\nthe safety and security of the services; and\ngenerally, a police officer performing the officer’s duties.\ns 91ZZ ins 2017 No. 18 s 18\n- (a) the use of security cameras in vehicles used to provide taxi services or booked hire services; and\n- (b) access to, and the disclosure and use of, information (including sound and images) captured by the cameras for purposes related to— (i) the safety and security of the services; and (ii) generally, a police officer performing the officer’s duties.\n- (i) the safety and security of the services; and\n- (ii) generally, a police officer performing the officer’s duties.\n- (i) the safety and security of the services; and\n- (ii) generally, a police officer performing the officer’s duties.","sortOrder":284},{"sectionNumber":"ch.11-pt.1","sectionType":"part","heading":"Interpretation","content":"# Interpretation","sortOrder":285},{"sectionNumber":"sec.110","sectionType":"section","heading":"Definition for ch 11","content":"### sec.110 Definition for ch 11\n\nIn this chapter—\nrelevant transport legislation means—\nthis Act; or\nthe Transport Infrastructure Act 1994 , chapter 14 ; or\na regulation in relation to a railway made under the Transport Infrastructure Act 1994 .\ns 110 def relevant transport legislation amd 2010 No. 6 s 357 sch 1 ; 2017 No. 4 s 145 sch 1\ns 110 prev s 110 om 1997 No. 66 s 94\npres s 110 ins 2004 No. 9 s 22\n- (a) this Act; or\n- (b) the Transport Infrastructure Act 1994 , chapter 14 ; or\n- (c) a regulation in relation to a railway made under the Transport Infrastructure Act 1994 .","sortOrder":286},{"sectionNumber":"ch.11-pt.2","sectionType":"part","heading":"Authorised persons","content":"# Authorised persons","sortOrder":287},{"sectionNumber":"ch.11-pt.2-div.1","sectionType":"division","heading":"Appointment","content":"## Appointment","sortOrder":288},{"sectionNumber":"sec.111","sectionType":"section","heading":"Appointment of authorised persons generally","content":"### sec.111 Appointment of authorised persons generally\n\nEvery police officer is an authorised person for relevant transport legislation.\nSubject to section 111A (1) , the chief executive may appoint any of the following persons to be an authorised person, other than an authorised person (transit officer), for relevant transport legislation—\na public service employee;\nan employee of, or a contractor for, a railway manager or railway operator;\nan employee of a contractor mentioned in paragraph (b) ;\nan employee of, or a contractor for, the Authority;\nan employee of a contractor mentioned in paragraph (d) ;\nan employee of the National Heavy Vehicle Regulator;\nanother person prescribed under a regulation.\nSubject to section 111A (2) , the chief executive may appoint any of the following persons to be an authorised person (transit officer) (a transit officer ) for relevant transport legislation—\na public service employee;\nan employee of a railway manager or railway operator that is a rail government entity;\nan employee of the Authority.\nThe chief executive may restrict the powers of an authorised person (other than a police officer) by written notice given to the person.\nAn authorised person who is a person mentioned in subsection (2) (b) or (c) or (3) (b) may exercise a power under this Act only in relation to a railway managed or operated by the railway manager or railway operator of whom the person is an employee, a contractor or an employee of a contractor.\nSubsection (5) does not apply to an authorised person who is—\nan employee of, or a contractor for, a rail government entity; or\nan employee of a contractor for the rail government entity.\nIn this section—\nNational Heavy Vehicle Regulator means the National Heavy Vehicle Regulator established under the Heavy Vehicle National Law (Queensland) , section 656 .\ns 111 amd 1997 No. 66 s 95 ; 2004 No. 9 s 23 ; 2008 No. 67 s 149 ; 2008 No. 67 s 217 ; 2010 No. 19 s 152 ; 2013 No. 19 s 120 sch 1 ; 2024 No. 2 s 29\n(sec.111-ssec.1) Every police officer is an authorised person for relevant transport legislation.\n(sec.111-ssec.2) Subject to section 111A (1) , the chief executive may appoint any of the following persons to be an authorised person, other than an authorised person (transit officer), for relevant transport legislation— a public service employee; an employee of, or a contractor for, a railway manager or railway operator; an employee of a contractor mentioned in paragraph (b) ; an employee of, or a contractor for, the Authority; an employee of a contractor mentioned in paragraph (d) ; an employee of the National Heavy Vehicle Regulator; another person prescribed under a regulation.\n(sec.111-ssec.3) Subject to section 111A (2) , the chief executive may appoint any of the following persons to be an authorised person (transit officer) (a transit officer ) for relevant transport legislation— a public service employee; an employee of a railway manager or railway operator that is a rail government entity; an employee of the Authority.\n(sec.111-ssec.4) The chief executive may restrict the powers of an authorised person (other than a police officer) by written notice given to the person.\n(sec.111-ssec.5) An authorised person who is a person mentioned in subsection (2) (b) or (c) or (3) (b) may exercise a power under this Act only in relation to a railway managed or operated by the railway manager or railway operator of whom the person is an employee, a contractor or an employee of a contractor.\n(sec.111-ssec.6) Subsection (5) does not apply to an authorised person who is— an employee of, or a contractor for, a rail government entity; or an employee of a contractor for the rail government entity.\n(sec.111-ssec.7) In this section— National Heavy Vehicle Regulator means the National Heavy Vehicle Regulator established under the Heavy Vehicle National Law (Queensland) , section 656 .\n- (a) a public service employee;\n- (b) an employee of, or a contractor for, a railway manager or railway operator;\n- (c) an employee of a contractor mentioned in paragraph (b) ;\n- (d) an employee of, or a contractor for, the Authority;\n- (e) an employee of a contractor mentioned in paragraph (d) ;\n- (ea) an employee of the National Heavy Vehicle Regulator;\n- (f) another person prescribed under a regulation.\n- (a) a public service employee;\n- (b) an employee of a railway manager or railway operator that is a rail government entity;\n- (c) an employee of the Authority.\n- (a) an employee of, or a contractor for, a rail government entity; or\n- (b) an employee of a contractor for the rail government entity.","sortOrder":289},{"sectionNumber":"sec.111A","sectionType":"section","heading":"Restrictions on appointing authorised persons","content":"### sec.111A Restrictions on appointing authorised persons\n\nThe chief executive may appoint a person as an authorised person, other than a transit officer, only if—\nin the chief executive’s opinion, the person has the necessary expertise or experience to be an authorised person; or\nthe person has satisfactorily finished training approved by the chief executive.\nThe chief executive may appoint a person as a transit officer only if—\nin the chief executive’s opinion—\nthe person can be appointed as an authorised person under subsection (1) ; and\nthe person is suitable to be a transit officer, having regard to the matters mentioned in section 111B ; and\nthe person has satisfactorily finished transit officer training.\ns 111A ins 2008 No. 67 s 218\n(sec.111A-ssec.1) The chief executive may appoint a person as an authorised person, other than a transit officer, only if— in the chief executive’s opinion, the person has the necessary expertise or experience to be an authorised person; or the person has satisfactorily finished training approved by the chief executive.\n(sec.111A-ssec.2) The chief executive may appoint a person as a transit officer only if— in the chief executive’s opinion— the person can be appointed as an authorised person under subsection (1) ; and the person is suitable to be a transit officer, having regard to the matters mentioned in section 111B ; and the person has satisfactorily finished transit officer training.\n- (a) in the chief executive’s opinion, the person has the necessary expertise or experience to be an authorised person; or\n- (b) the person has satisfactorily finished training approved by the chief executive.\n- (a) in the chief executive’s opinion— (i) the person can be appointed as an authorised person under subsection (1) ; and (ii) the person is suitable to be a transit officer, having regard to the matters mentioned in section 111B ; and\n- (i) the person can be appointed as an authorised person under subsection (1) ; and\n- (ii) the person is suitable to be a transit officer, having regard to the matters mentioned in section 111B ; and\n- (b) the person has satisfactorily finished transit officer training.\n- (i) the person can be appointed as an authorised person under subsection (1) ; and\n- (ii) the person is suitable to be a transit officer, having regard to the matters mentioned in section 111B ; and","sortOrder":290},{"sectionNumber":"sec.111B","sectionType":"section","heading":"When person is suitable to be transit officer","content":"### sec.111B When person is suitable to be transit officer\n\nThis section provides for when a person may be considered to be suitable to be a transit officer.\nA person is suitable to be a transit officer only if—\nthe person has not been convicted of—\na category A driver disqualification offence; or\na category B driver disqualification offence other than an offence against the Criminal Code , section 328A ; or\nan indictable offence in Queensland not covered by subparagraph (i) or (ii) ; or\nan offence outside Queensland that, if it had been committed in Queensland, would constitute an indictable offence not covered by subparagraph (i) or (ii) ; and\nthe person is of good character; and\nthe person’s state of physical and mental fitness will enable the person to perform the functions and exercise the powers of a transit officer.\nIn deciding whether a person is of good character, the chief executive may consider the following matters as indicating that the person may not be of good character—\nin dealings in which the person has been involved, the person has—\nshown dishonesty or lack of integrity; or\nused harassing tactics;\nthe person associates with, or has associated with, a criminal in a way that indicates involvement in unlawful activity.\nSubsection (3) does not limit the matters the chief executive may consider in deciding whether or not a person is of good character.\nIn this section—\nconviction , for an offence mentioned in subsection (2) (a) (iii) or (iv) , does not include a spent conviction.\ns 111B ins 2008 No. 67 s 218\namd 2023 No. 23 s 247 sch 1 s 4\n(sec.111B-ssec.1) This section provides for when a person may be considered to be suitable to be a transit officer.\n(sec.111B-ssec.2) A person is suitable to be a transit officer only if— the person has not been convicted of— a category A driver disqualification offence; or a category B driver disqualification offence other than an offence against the Criminal Code , section 328A ; or an indictable offence in Queensland not covered by subparagraph (i) or (ii) ; or an offence outside Queensland that, if it had been committed in Queensland, would constitute an indictable offence not covered by subparagraph (i) or (ii) ; and the person is of good character; and the person’s state of physical and mental fitness will enable the person to perform the functions and exercise the powers of a transit officer.\n(sec.111B-ssec.3) In deciding whether a person is of good character, the chief executive may consider the following matters as indicating that the person may not be of good character— in dealings in which the person has been involved, the person has— shown dishonesty or lack of integrity; or used harassing tactics; the person associates with, or has associated with, a criminal in a way that indicates involvement in unlawful activity.\n(sec.111B-ssec.4) Subsection (3) does not limit the matters the chief executive may consider in deciding whether or not a person is of good character.\n(sec.111B-ssec.5) In this section— conviction , for an offence mentioned in subsection (2) (a) (iii) or (iv) , does not include a spent conviction.\n- (a) the person has not been convicted of— (i) a category A driver disqualification offence; or (ii) a category B driver disqualification offence other than an offence against the Criminal Code , section 328A ; or (iii) an indictable offence in Queensland not covered by subparagraph (i) or (ii) ; or (iv) an offence outside Queensland that, if it had been committed in Queensland, would constitute an indictable offence not covered by subparagraph (i) or (ii) ; and\n- (i) a category A driver disqualification offence; or\n- (ii) a category B driver disqualification offence other than an offence against the Criminal Code , section 328A ; or\n- (iii) an indictable offence in Queensland not covered by subparagraph (i) or (ii) ; or\n- (iv) an offence outside Queensland that, if it had been committed in Queensland, would constitute an indictable offence not covered by subparagraph (i) or (ii) ; and\n- (b) the person is of good character; and\n- (c) the person’s state of physical and mental fitness will enable the person to perform the functions and exercise the powers of a transit officer.\n- (i) a category A driver disqualification offence; or\n- (ii) a category B driver disqualification offence other than an offence against the Criminal Code , section 328A ; or\n- (iii) an indictable offence in Queensland not covered by subparagraph (i) or (ii) ; or\n- (iv) an offence outside Queensland that, if it had been committed in Queensland, would constitute an indictable offence not covered by subparagraph (i) or (ii) ; and\n- (a) in dealings in which the person has been involved, the person has— (i) shown dishonesty or lack of integrity; or (ii) used harassing tactics;\n- (i) shown dishonesty or lack of integrity; or\n- (ii) used harassing tactics;\n- (b) the person associates with, or has associated with, a criminal in a way that indicates involvement in unlawful activity.\n- (i) shown dishonesty or lack of integrity; or\n- (ii) used harassing tactics;","sortOrder":291},{"sectionNumber":"sec.111C","sectionType":"section","heading":"Application of sdiv 2","content":"### sec.111C Application of sdiv 2\n\nThis subdivision applies in relation to the following decisions of the chief executive—\nwhether or not to appoint a person as a transit officer under section 111 (3) ;\nwhether or not to revoke the appointment of a transit officer under section 113G .\nThis subdivision applies to a person despite anything in the Criminal Law (Rehabilitation of Offenders) Act 1986 .\ns 111C ins 2008 No. 67 s 218\n(sec.111C-ssec.1) This subdivision applies in relation to the following decisions of the chief executive— whether or not to appoint a person as a transit officer under section 111 (3) ; whether or not to revoke the appointment of a transit officer under section 113G .\n(sec.111C-ssec.2) This subdivision applies to a person despite anything in the Criminal Law (Rehabilitation of Offenders) Act 1986 .\n- (a) whether or not to appoint a person as a transit officer under section 111 (3) ;\n- (b) whether or not to revoke the appointment of a transit officer under section 113G .","sortOrder":292},{"sectionNumber":"sec.111D","sectionType":"section","heading":"Definition for sdiv 2","content":"### sec.111D Definition for sdiv 2\n\nIn this subdivision—\nrelevant information , about a person, means information about the person of a kind mentioned in the Police Service Administration Act 1990 , schedule 1 , for police officers, recruits and applicants to become police officers or recruits.\ns 111D ins 2008 No. 67 s 218\namd 2023 No. 7 s 68 s ch 1 pt 2","sortOrder":293},{"sectionNumber":"sec.111E","sectionType":"section","heading":"Person to be advised of duties of disclosure","content":"### sec.111E Person to be advised of duties of disclosure\n\nBefore a person is appointed as a transit officer, the chief executive must—\ntell the person—\nof the person’s duty under section 111F to disclose relevant information about the person; and\nthat the chief executive may under section 111G obtain relevant information about the person; and\ngive the person a copy of the guidelines for dealing with relevant information obtained by the chief executive under this subdivision.\ns 111E ins 2008 No. 67 s 218\n- (a) tell the person— (i) of the person’s duty under section 111F to disclose relevant information about the person; and (ii) that the chief executive may under section 111G obtain relevant information about the person; and\n- (i) of the person’s duty under section 111F to disclose relevant information about the person; and\n- (ii) that the chief executive may under section 111G obtain relevant information about the person; and\n- (b) give the person a copy of the guidelines for dealing with relevant information obtained by the chief executive under this subdivision.\n- (i) of the person’s duty under section 111F to disclose relevant information about the person; and\n- (ii) that the chief executive may under section 111G obtain relevant information about the person; and","sortOrder":294},{"sectionNumber":"sec.111F","sectionType":"section","heading":"Transit officers must disclose relevant information and changes to relevant information","content":"### sec.111F Transit officers must disclose relevant information and changes to relevant information\n\nA person who is a transit officer or seeking to be appointed as a transit officer must, if asked by the chief executive, disclose to the chief executive any relevant information known to the person that may affect the person’s suitability to be a transit officer.\nA person seeking to be appointed as a transit officer required to disclose relevant information under subsection (1) must disclose the information before being appointed as a transit officer.\nIf a person who is a transit officer is aware that there is a change in relevant information about the person, the person must immediately disclose to the chief executive the details of the change.\nA person required to disclose relevant information under subsection (1) or (3) must give the chief executive the disclosure in the approved form.\nWithout limiting subsection (4) , the approved form must make provision for the disclosure of all of the following information—\nthe existence of a conviction or charge;\nwhen an offence was committed or alleged to have been committed;\ndetails of an offence or alleged offence;\nfor a conviction—whether or not a conviction was recorded and other details of the sentence.\nUnder section 111H , when making the assessment of a person’s suitability to be, or continue to be, a transit officer, the chief executive may have regard to whether or not the person has complied with this section.\nAlso, if a person who is a transit officer fails to comply with subsection (3) , the person’s appointment may be revoked under section 113G .\ns 111F ins 2008 No. 67 s 218\n(sec.111F-ssec.1) A person who is a transit officer or seeking to be appointed as a transit officer must, if asked by the chief executive, disclose to the chief executive any relevant information known to the person that may affect the person’s suitability to be a transit officer.\n(sec.111F-ssec.2) A person seeking to be appointed as a transit officer required to disclose relevant information under subsection (1) must disclose the information before being appointed as a transit officer.\n(sec.111F-ssec.3) If a person who is a transit officer is aware that there is a change in relevant information about the person, the person must immediately disclose to the chief executive the details of the change.\n(sec.111F-ssec.4) A person required to disclose relevant information under subsection (1) or (3) must give the chief executive the disclosure in the approved form.\n(sec.111F-ssec.5) Without limiting subsection (4) , the approved form must make provision for the disclosure of all of the following information— the existence of a conviction or charge; when an offence was committed or alleged to have been committed; details of an offence or alleged offence; for a conviction—whether or not a conviction was recorded and other details of the sentence. Under section 111H , when making the assessment of a person’s suitability to be, or continue to be, a transit officer, the chief executive may have regard to whether or not the person has complied with this section. Also, if a person who is a transit officer fails to comply with subsection (3) , the person’s appointment may be revoked under section 113G .\n- (a) the existence of a conviction or charge;\n- (b) when an offence was committed or alleged to have been committed;\n- (c) details of an offence or alleged offence;\n- (d) for a conviction—whether or not a conviction was recorded and other details of the sentence.\n- 1 Under section 111H , when making the assessment of a person’s suitability to be, or continue to be, a transit officer, the chief executive may have regard to whether or not the person has complied with this section.\n- 2 Also, if a person who is a transit officer fails to comply with subsection (3) , the person’s appointment may be revoked under section 113G .","sortOrder":295},{"sectionNumber":"sec.111G","sectionType":"section","heading":"Chief executive may request information from commissioner of the police service","content":"### sec.111G Chief executive may request information from commissioner of the police service\n\nThis section applies to a person who—\nis a transit officer; or\nseeks to be appointed as a transit officer and has given the chief executive a disclosure for the purposes of section 111F .\nThis section applies even if the disclosure does not state any relevant information about the person.\nThe chief executive may ask the commissioner of the police service to give the chief executive a report that includes relevant information about the person.\nSubsection (5) applies if—\nthe commissioner of the police service reasonably suspects a person is a transit officer; and\ninformation about the person included in a report mentioned in subsection (3) changes, including new information that would have been included in the report had the information existed when the report was made.\nThe commissioner may notify the chief executive of the change.\nSection 148B provides for the chief executive and the commissioner of the police service entering into arrangements for the giving and receiving of information under this Act.\ns 111G ins 2008 No. 67 s 218\n(sec.111G-ssec.1) This section applies to a person who— is a transit officer; or seeks to be appointed as a transit officer and has given the chief executive a disclosure for the purposes of section 111F .\n(sec.111G-ssec.2) This section applies even if the disclosure does not state any relevant information about the person.\n(sec.111G-ssec.3) The chief executive may ask the commissioner of the police service to give the chief executive a report that includes relevant information about the person.\n(sec.111G-ssec.4) Subsection (5) applies if— the commissioner of the police service reasonably suspects a person is a transit officer; and information about the person included in a report mentioned in subsection (3) changes, including new information that would have been included in the report had the information existed when the report was made.\n(sec.111G-ssec.5) The commissioner may notify the chief executive of the change. Section 148B provides for the chief executive and the commissioner of the police service entering into arrangements for the giving and receiving of information under this Act.\n- (a) is a transit officer; or\n- (b) seeks to be appointed as a transit officer and has given the chief executive a disclosure for the purposes of section 111F .\n- (a) the commissioner of the police service reasonably suspects a person is a transit officer; and\n- (b) information about the person included in a report mentioned in subsection (3) changes, including new information that would have been included in the report had the information existed when the report was made.","sortOrder":296},{"sectionNumber":"sec.111H","sectionType":"section","heading":"Assessment of suitability","content":"### sec.111H Assessment of suitability\n\nThis section applies to the chief executive in considering relevant information about a person under this subdivision.\nWhen assessing the person’s suitability to be, or continue to be, a transit officer, the chief executive may have regard to all relevant information available to the chief executive, including, for example—\ninformation that is disclosed to the chief executive under section 111F ; and\ninformation made available by the commissioner of the police service because of a request under section 111G ; and\ninformation that is stored on—\na database kept by the chief executive; or\na database kept by the commissioner of the police service; and\ninformation that is otherwise available to the chief executive.\ninformation obtained from previous employment checks\nAlso, when making the assessment, the chief executive may have regard to whether or not the person has complied with section 111F .\ns 111H ins 2008 No. 67 s 218\n(sec.111H-ssec.1) This section applies to the chief executive in considering relevant information about a person under this subdivision.\n(sec.111H-ssec.2) When assessing the person’s suitability to be, or continue to be, a transit officer, the chief executive may have regard to all relevant information available to the chief executive, including, for example— information that is disclosed to the chief executive under section 111F ; and information made available by the commissioner of the police service because of a request under section 111G ; and information that is stored on— a database kept by the chief executive; or a database kept by the commissioner of the police service; and information that is otherwise available to the chief executive. information obtained from previous employment checks\n(sec.111H-ssec.3) Also, when making the assessment, the chief executive may have regard to whether or not the person has complied with section 111F .\n- (a) information that is disclosed to the chief executive under section 111F ; and\n- (b) information made available by the commissioner of the police service because of a request under section 111G ; and\n- (c) information that is stored on— (i) a database kept by the chief executive; or (ii) a database kept by the commissioner of the police service; and\n- (i) a database kept by the chief executive; or\n- (ii) a database kept by the commissioner of the police service; and\n- (d) information that is otherwise available to the chief executive.\n- (i) a database kept by the chief executive; or\n- (ii) a database kept by the commissioner of the police service; and","sortOrder":297},{"sectionNumber":"sec.111I","sectionType":"section","heading":"Particular persons to be advised if person unsuitable","content":"### sec.111I Particular persons to be advised if person unsuitable\n\nIf, because of information relied on by the chief executive under this subdivision, the chief executive considers a person may not be suitable to be, or continue to be, a transit officer, the chief executive must, before deciding the person is not suitable—\ndisclose the information to the person; and\nallow the person a reasonable opportunity to make representations to the chief executive about the information.\nThe chief executive must give reasons why the chief executive considers the person may not be suitable to be, or continue to be, a transit officer unless the chief executive considers the giving of the reasons may—\nprejudice the investigation of a contravention or possible contravention of the law; or\nenable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained; or\nendanger a person’s life or physical safety; or\nprejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law; or\nprejudice the maintenance or enforcement of a lawful method or procedure for protecting public safety; or\nprejudice national security; or\nbe prohibited under a law of this or any other State or the Commonwealth.\nIn deciding, under subsection (2) , whether or not to give reasons why the chief executive considers the person may not be suitable to be, or continue to be, a transit officer, the chief executive must have regard to any advice given to the chief executive by the commissioner of the police service in relation to the disclosure of information given by the commissioner.\nIf, after considering any representations made under subsection (1) (b) , the chief executive decides the person is not suitable to be, or continue to be, a transit officer, the chief executive must give the person a written notice stating that the person is not suitable to be, or continue to be, a transit officer.\nInformation relied on under this section to decide that a person is not suitable to be a transit officer can not be used for any other purpose, unless its disclosure is authorised under section 111J (3) .\ns 111I ins 2008 No. 67 s 218\n(sec.111I-ssec.1) If, because of information relied on by the chief executive under this subdivision, the chief executive considers a person may not be suitable to be, or continue to be, a transit officer, the chief executive must, before deciding the person is not suitable— disclose the information to the person; and allow the person a reasonable opportunity to make representations to the chief executive about the information.\n(sec.111I-ssec.2) The chief executive must give reasons why the chief executive considers the person may not be suitable to be, or continue to be, a transit officer unless the chief executive considers the giving of the reasons may— prejudice the investigation of a contravention or possible contravention of the law; or enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained; or endanger a person’s life or physical safety; or prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law; or prejudice the maintenance or enforcement of a lawful method or procedure for protecting public safety; or prejudice national security; or be prohibited under a law of this or any other State or the Commonwealth.\n(sec.111I-ssec.3) In deciding, under subsection (2) , whether or not to give reasons why the chief executive considers the person may not be suitable to be, or continue to be, a transit officer, the chief executive must have regard to any advice given to the chief executive by the commissioner of the police service in relation to the disclosure of information given by the commissioner.\n(sec.111I-ssec.4) If, after considering any representations made under subsection (1) (b) , the chief executive decides the person is not suitable to be, or continue to be, a transit officer, the chief executive must give the person a written notice stating that the person is not suitable to be, or continue to be, a transit officer.\n(sec.111I-ssec.5) Information relied on under this section to decide that a person is not suitable to be a transit officer can not be used for any other purpose, unless its disclosure is authorised under section 111J (3) .\n- (a) disclose the information to the person; and\n- (b) allow the person a reasonable opportunity to make representations to the chief executive about the information.\n- (a) prejudice the investigation of a contravention or possible contravention of the law; or\n- (b) enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained; or\n- (c) endanger a person’s life or physical safety; or\n- (d) prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law; or\n- (e) prejudice the maintenance or enforcement of a lawful method or procedure for protecting public safety; or\n- (f) prejudice national security; or\n- (g) be prohibited under a law of this or any other State or the Commonwealth.","sortOrder":298},{"sectionNumber":"sec.111J","sectionType":"section","heading":"Secrecy","content":"### sec.111J Secrecy\n\nThis section applies to a person who—\nis, or has been—\nthe chief executive; or\na transit officer; or\ninvolved in the appointment of a transit officer; and\nin that capacity acquired relevant information about someone else.\nThe person must not disclose the relevant information to anyone else.\nMaximum penalty—200 penalty units.\nSubsection (2) does not apply to the disclosure of information about a person, if the disclosure—\nis to the chief executive or a person involved in the appointment of a transit officer for the purpose of assessing the person’s suitability to be, or continue to be, a transit officer; or\nis with the person’s consent; or\nis required by another law.\nFor this section, a person is involved in the appointment of a transit officer if—\nthe person is involved in any part of the process the chief executive follows in deciding whether or not to appoint a person as a transit officer; or\na person who gathers information for assessing a person’s suitability to be a transit officer and makes a recommendation to the chief executive about whether the chief executive should appoint or not appoint the person as a transit officer\na person is involved in any part of the process the chief executive follows in deciding whether or not to revoke the appointment of a transit officer.\na person who gathers information for assessing a person’s suitability to continue to be a transit officer, including whether or not the person has complied with provisions of this part, and makes a recommendation to the chief executive about whether the chief executive should revoke the person’s appointment as a transit officer\nA person involved in any way in anything done under this subdivision can not be compelled to produce to a court any document kept, or to disclose to a court any information obtained, because of the doing of the thing.\nSubsection (5) does not affect the operation of the Judicial Review Act 1991 .\nThis section does not limit section 148C .\nIn this section—\ndisclose , in relation to information about a person, includes give access to information about a person.\ns 111J ins 2008 No. 67 s 218\n(sec.111J-ssec.1) This section applies to a person who— is, or has been— the chief executive; or a transit officer; or involved in the appointment of a transit officer; and in that capacity acquired relevant information about someone else.\n(sec.111J-ssec.2) The person must not disclose the relevant information to anyone else. Maximum penalty—200 penalty units.\n(sec.111J-ssec.3) Subsection (2) does not apply to the disclosure of information about a person, if the disclosure— is to the chief executive or a person involved in the appointment of a transit officer for the purpose of assessing the person’s suitability to be, or continue to be, a transit officer; or is with the person’s consent; or is required by another law.\n(sec.111J-ssec.4) For this section, a person is involved in the appointment of a transit officer if— the person is involved in any part of the process the chief executive follows in deciding whether or not to appoint a person as a transit officer; or a person who gathers information for assessing a person’s suitability to be a transit officer and makes a recommendation to the chief executive about whether the chief executive should appoint or not appoint the person as a transit officer a person is involved in any part of the process the chief executive follows in deciding whether or not to revoke the appointment of a transit officer. a person who gathers information for assessing a person’s suitability to continue to be a transit officer, including whether or not the person has complied with provisions of this part, and makes a recommendation to the chief executive about whether the chief executive should revoke the person’s appointment as a transit officer\n(sec.111J-ssec.5) A person involved in any way in anything done under this subdivision can not be compelled to produce to a court any document kept, or to disclose to a court any information obtained, because of the doing of the thing.\n(sec.111J-ssec.6) Subsection (5) does not affect the operation of the Judicial Review Act 1991 .\n(sec.111J-ssec.7) This section does not limit section 148C .\n(sec.111J-ssec.8) In this section— disclose , in relation to information about a person, includes give access to information about a person.\n- (a) is, or has been— (i) the chief executive; or (ii) a transit officer; or (iii) involved in the appointment of a transit officer; and\n- (i) the chief executive; or\n- (ii) a transit officer; or\n- (iii) involved in the appointment of a transit officer; and\n- (b) in that capacity acquired relevant information about someone else.\n- (i) the chief executive; or\n- (ii) a transit officer; or\n- (iii) involved in the appointment of a transit officer; and\n- (a) is to the chief executive or a person involved in the appointment of a transit officer for the purpose of assessing the person’s suitability to be, or continue to be, a transit officer; or\n- (b) is with the person’s consent; or\n- (c) is required by another law.\n- (a) the person is involved in any part of the process the chief executive follows in deciding whether or not to appoint a person as a transit officer; or Example— a person who gathers information for assessing a person’s suitability to be a transit officer and makes a recommendation to the chief executive about whether the chief executive should appoint or not appoint the person as a transit officer\n- (b) a person is involved in any part of the process the chief executive follows in deciding whether or not to revoke the appointment of a transit officer. Example— a person who gathers information for assessing a person’s suitability to continue to be a transit officer, including whether or not the person has complied with provisions of this part, and makes a recommendation to the chief executive about whether the chief executive should revoke the person’s appointment as a transit officer","sortOrder":299},{"sectionNumber":"sec.111K","sectionType":"section","heading":"Guidelines for dealing with relevant information","content":"### sec.111K Guidelines for dealing with relevant information\n\nThe chief executive must make guidelines, consistent with this subdivision, for dealing with relevant information obtained by the chief executive under this subdivision.\nThe purpose of the guidelines is to ensure—\nnatural justice is afforded to the persons about whom the information is obtained; and\nonly relevant information is used in assessing the persons’ suitability to be, or continue to be, a transit officer; and\ndecisions about the suitability of persons, based on the information, are made in a consistent way.\nThe chief executive must give a copy of the guidelines, on request, to a person seeking to be appointed, or appointed, as a transit officer.\ns 111K ins 2008 No. 67 s 218\n(sec.111K-ssec.1) The chief executive must make guidelines, consistent with this subdivision, for dealing with relevant information obtained by the chief executive under this subdivision.\n(sec.111K-ssec.2) The purpose of the guidelines is to ensure— natural justice is afforded to the persons about whom the information is obtained; and only relevant information is used in assessing the persons’ suitability to be, or continue to be, a transit officer; and decisions about the suitability of persons, based on the information, are made in a consistent way.\n(sec.111K-ssec.3) The chief executive must give a copy of the guidelines, on request, to a person seeking to be appointed, or appointed, as a transit officer.\n- (a) natural justice is afforded to the persons about whom the information is obtained; and\n- (b) only relevant information is used in assessing the persons’ suitability to be, or continue to be, a transit officer; and\n- (c) decisions about the suitability of persons, based on the information, are made in a consistent way.","sortOrder":300},{"sectionNumber":"sec.111L","sectionType":"section","heading":"Requirements for course of training","content":"### sec.111L Requirements for course of training\n\nThis section states the requirements for the course of training for qualification for appointment as a transit officer.\nThe course of training must—\nbe developed by the chief executive and approved by the commissioner of the police service; and\nprovide for training in all the functions and powers of an transit officer under part 4A , and include guidelines about the following—\nthe use of force generally;\ndeciding what force is reasonably necessary for particular circumstances and particular persons;\nhow to de-escalate a situation;\ndeciding whether using handcuffs is the only practicable way to detain a person and, if so, appropriate ways of using handcuffs;\ndealing with children, persons with impaired capacity, and other vulnerable persons;\nappropriate ways of transporting detained persons to police officers;\nappropriate ways of frisk searching a person; and\nbe comparable to training undertaken by persons seeking to be engaged, or engaged, by the police service.\nSubsection (2) (b) does not limit the matters that may be provided for in the course of training.\ns 111L ins 2008 No. 67 s 218\n(sec.111L-ssec.1) This section states the requirements for the course of training for qualification for appointment as a transit officer.\n(sec.111L-ssec.2) The course of training must— be developed by the chief executive and approved by the commissioner of the police service; and provide for training in all the functions and powers of an transit officer under part 4A , and include guidelines about the following— the use of force generally; deciding what force is reasonably necessary for particular circumstances and particular persons; how to de-escalate a situation; deciding whether using handcuffs is the only practicable way to detain a person and, if so, appropriate ways of using handcuffs; dealing with children, persons with impaired capacity, and other vulnerable persons; appropriate ways of transporting detained persons to police officers; appropriate ways of frisk searching a person; and be comparable to training undertaken by persons seeking to be engaged, or engaged, by the police service.\n(sec.111L-ssec.3) Subsection (2) (b) does not limit the matters that may be provided for in the course of training.\n- (a) be developed by the chief executive and approved by the commissioner of the police service; and\n- (b) provide for training in all the functions and powers of an transit officer under part 4A , and include guidelines about the following— (i) the use of force generally; (ii) deciding what force is reasonably necessary for particular circumstances and particular persons; (iii) how to de-escalate a situation; (iv) deciding whether using handcuffs is the only practicable way to detain a person and, if so, appropriate ways of using handcuffs; (v) dealing with children, persons with impaired capacity, and other vulnerable persons; (vi) appropriate ways of transporting detained persons to police officers; (vii) appropriate ways of frisk searching a person; and\n- (i) the use of force generally;\n- (ii) deciding what force is reasonably necessary for particular circumstances and particular persons;\n- (iii) how to de-escalate a situation;\n- (iv) deciding whether using handcuffs is the only practicable way to detain a person and, if so, appropriate ways of using handcuffs;\n- (v) dealing with children, persons with impaired capacity, and other vulnerable persons;\n- (vi) appropriate ways of transporting detained persons to police officers;\n- (vii) appropriate ways of frisk searching a person; and\n- (c) be comparable to training undertaken by persons seeking to be engaged, or engaged, by the police service.\n- (i) the use of force generally;\n- (ii) deciding what force is reasonably necessary for particular circumstances and particular persons;\n- (iii) how to de-escalate a situation;\n- (iv) deciding whether using handcuffs is the only practicable way to detain a person and, if so, appropriate ways of using handcuffs;\n- (v) dealing with children, persons with impaired capacity, and other vulnerable persons;\n- (vi) appropriate ways of transporting detained persons to police officers;\n- (vii) appropriate ways of frisk searching a person; and","sortOrder":301},{"sectionNumber":"ch.11-pt.2-div.2","sectionType":"division","heading":"Identity requirements","content":"## Identity requirements","sortOrder":302},{"sectionNumber":"sec.112","sectionType":"section","heading":"Identity cards","content":"### sec.112 Identity cards\n\nThe chief executive must issue an identity card to each authorised person.\nThis section does not apply to an authorised person who is a police officer.\nThe identity card must—\ncontain a recent photograph of the authorised person; and\nbe signed by the authorised person; and\nidentify the person as—\nif the person is a transit officer—an authorised person (transit officer); or\notherwise—an authorised person; and\ncontain a unique identification number for the authorised person; and\ninclude an expiry date.\nA person who ceases to be an authorised person must, as soon as practicable, return the identity card to the chief executive, unless the person has a reasonable excuse for not returning it.\nMaximum penalty—30 penalty units.\nNothing in this section prevents the issue of a single identity card to a person for this Act and other Acts.\ns 112 amd 2004 No. 9 s 24 ; 2008 No. 67 s 19 ; 2008 No. 66 s 4 sch pt 2 ; 2008 No. 67 s 219 ; 2017 No. 25 s 64\n(sec.112-ssec.1) The chief executive must issue an identity card to each authorised person.\n(sec.112-ssec.2) This section does not apply to an authorised person who is a police officer.\n(sec.112-ssec.3) The identity card must— contain a recent photograph of the authorised person; and be signed by the authorised person; and identify the person as— if the person is a transit officer—an authorised person (transit officer); or otherwise—an authorised person; and contain a unique identification number for the authorised person; and include an expiry date.\n(sec.112-ssec.4) A person who ceases to be an authorised person must, as soon as practicable, return the identity card to the chief executive, unless the person has a reasonable excuse for not returning it. Maximum penalty—30 penalty units.\n(sec.112-ssec.5) Nothing in this section prevents the issue of a single identity card to a person for this Act and other Acts.\n- (a) contain a recent photograph of the authorised person; and\n- (b) be signed by the authorised person; and\n- (c) identify the person as— (i) if the person is a transit officer—an authorised person (transit officer); or (ii) otherwise—an authorised person; and\n- (i) if the person is a transit officer—an authorised person (transit officer); or\n- (ii) otherwise—an authorised person; and\n- (d) contain a unique identification number for the authorised person; and\n- (e) include an expiry date.\n- (i) if the person is a transit officer—an authorised person (transit officer); or\n- (ii) otherwise—an authorised person; and","sortOrder":303},{"sectionNumber":"sec.113","sectionType":"section","heading":"Production or display of authorised person’s identity card","content":"### sec.113 Production or display of authorised person’s identity card\n\nThis section does not apply to a police officer.\nAn authorised person may exercise a power in relation to someone else only if—\nthe person first produces the person’s identity card for the other person’s inspection; or\nthe authorised person has the person’s identity card displayed so that it is clearly visible to the other person.\nHowever, if for any reason it is not practicable to comply with subsection (2) before exercising the power, the authorised person must produce the identity card for the other person’s inspection as soon as it is practicable.\ns 113 sub 1997 No. 66 s 96\namd 2000 No. 5 s 461 sch 3\n(sec.113-ssec.1) This section does not apply to a police officer.\n(sec.113-ssec.2) An authorised person may exercise a power in relation to someone else only if— the person first produces the person’s identity card for the other person’s inspection; or the authorised person has the person’s identity card displayed so that it is clearly visible to the other person.\n(sec.113-ssec.3) However, if for any reason it is not practicable to comply with subsection (2) before exercising the power, the authorised person must produce the identity card for the other person’s inspection as soon as it is practicable.\n- (a) the person first produces the person’s identity card for the other person’s inspection; or\n- (b) the authorised person has the person’s identity card displayed so that it is clearly visible to the other person.","sortOrder":304},{"sectionNumber":"sec.113A","sectionType":"section","heading":"Uniforms for transit officers","content":"### sec.113A Uniforms for transit officers\n\nThe chief executive must issue a uniform to each transit officer.\nA person who ceases to be a transit officer must, as soon as practicable, return the uniform to the chief executive unless the person has a reasonable excuse for not returning it.\nMaximum penalty for subsection (2) —10 penalty units.\ns 113A ins 2008 No. 67 s 220\n(sec.113A-ssec.1) The chief executive must issue a uniform to each transit officer.\n(sec.113A-ssec.2) A person who ceases to be a transit officer must, as soon as practicable, return the uniform to the chief executive unless the person has a reasonable excuse for not returning it. Maximum penalty for subsection (2) —10 penalty units.","sortOrder":305},{"sectionNumber":"sec.113B","sectionType":"section","heading":"Transit officer must be in uniform","content":"### sec.113B Transit officer must be in uniform\n\nA transit officer may exercise a power under part 4A in relation to a person only if the officer is in uniform.\ns 113B ins 2008 No. 67 s 220","sortOrder":306},{"sectionNumber":"ch.11-pt.2-div.3","sectionType":"division","heading":"Requirements relating to transit officers","content":"## Requirements relating to transit officers","sortOrder":307},{"sectionNumber":"sec.113C","sectionType":"section","heading":"Transit officers must continue to have relevant skills and abilities","content":"### sec.113C Transit officers must continue to have relevant skills and abilities\n\nThe chief executive must ensure a person who is appointed as a transit officer continues to have the skills and abilities required for performing functions or exercising powers of transit officers under this part.\nFor subsection (1) , the chief executive may require a transit officer to undertake transit officer training at any time.\nIf a person appointed as a transit officer is asked to undertake transit officer training under this subsection and fails to do so, the person’s appointment may be revoked under section 113G .\nIn deciding whether a transit officer should be required to undertake transit officer training, the chief executive must have regard to the following—\nwhen the transit officer last undertook the training;\nwhether there have been any developments in the training since the transit officer last undertook the training;\nevidence of the transit officer’s past performance in performing functions or exercising powers under this part.\ns 113C ins 2008 No. 67 s 220\n(sec.113C-ssec.1) The chief executive must ensure a person who is appointed as a transit officer continues to have the skills and abilities required for performing functions or exercising powers of transit officers under this part.\n(sec.113C-ssec.2) For subsection (1) , the chief executive may require a transit officer to undertake transit officer training at any time. If a person appointed as a transit officer is asked to undertake transit officer training under this subsection and fails to do so, the person’s appointment may be revoked under section 113G .\n(sec.113C-ssec.3) In deciding whether a transit officer should be required to undertake transit officer training, the chief executive must have regard to the following— when the transit officer last undertook the training; whether there have been any developments in the training since the transit officer last undertook the training; evidence of the transit officer’s past performance in performing functions or exercising powers under this part.\n- (a) when the transit officer last undertook the training;\n- (b) whether there have been any developments in the training since the transit officer last undertook the training;\n- (c) evidence of the transit officer’s past performance in performing functions or exercising powers under this part.","sortOrder":308},{"sectionNumber":"sec.113D","sectionType":"section","heading":"Transit officer must not be under the influence of alcohol or drugs","content":"### sec.113D Transit officer must not be under the influence of alcohol or drugs\n\nA transit officer who is on duty for performing a function or exercising a power under this Act must not—\nbe over the low alcohol limit; or\nhave present in the officer’s saliva or urine—\nevidence of a dangerous drug; or\nevidence of a prescribed substance that the officer may not lawfully take; or\nevidence of having taken a prescribed substance in a way contrary to a direction of a doctor or a recommendation of the manufacturer of the substance.\nIf a person appointed as a transit officer contravenes subsection (1) , the person’s appointment may be revoked under section 113G .\nFor subsection (1) , a person is over the low alcohol limit if the concentration of alcohol in the person’s breath is, or is more than, 0.02g of alcohol in 210L of breath.\nFor this Act, the concentration of alcohol in a person’s breath may be expressed as—\na specified number of grams of alcohol in 210L of breath; or\na specified number of grams in 210L.\nThe concentration of alcohol in a person’s breath may be expressed as 0.063g of alcohol in 210L of breath or as 0.063g/210L.\nFor subsection (1) , a transit officer is on duty for performing a function or exercising a power under this Act if the officer—\nis about to perform the function or exercise the power; or\nis performing the function or exercising the power; or\nhas just performed the function or exercised the power.\nIn this section—\ndangerous drug means a dangerous drug under the Drugs Misuse Act 1986 .\nprescribed substance means—\na substance, other than a dangerous drug, that is a regulated substance under the Medicines and Poisons Act 2019 that may impair a person’s physical or mental capacity; or\nanother substance, other than a dangerous drug, that may impair a person’s physical or mental capacity.\ns 113D ins 2008 No. 67 s 220\namd 2010 No. 13 s 120 ; 2019 No. 26 s 290 sch 2\n(sec.113D-ssec.1) A transit officer who is on duty for performing a function or exercising a power under this Act must not— be over the low alcohol limit; or have present in the officer’s saliva or urine— evidence of a dangerous drug; or evidence of a prescribed substance that the officer may not lawfully take; or evidence of having taken a prescribed substance in a way contrary to a direction of a doctor or a recommendation of the manufacturer of the substance. If a person appointed as a transit officer contravenes subsection (1) , the person’s appointment may be revoked under section 113G .\n(sec.113D-ssec.2) For subsection (1) , a person is over the low alcohol limit if the concentration of alcohol in the person’s breath is, or is more than, 0.02g of alcohol in 210L of breath.\n(sec.113D-ssec.3) For this Act, the concentration of alcohol in a person’s breath may be expressed as— a specified number of grams of alcohol in 210L of breath; or a specified number of grams in 210L. The concentration of alcohol in a person’s breath may be expressed as 0.063g of alcohol in 210L of breath or as 0.063g/210L.\n(sec.113D-ssec.4) For subsection (1) , a transit officer is on duty for performing a function or exercising a power under this Act if the officer— is about to perform the function or exercise the power; or is performing the function or exercising the power; or has just performed the function or exercised the power.\n(sec.113D-ssec.5) In this section— dangerous drug means a dangerous drug under the Drugs Misuse Act 1986 . prescribed substance means— a substance, other than a dangerous drug, that is a regulated substance under the Medicines and Poisons Act 2019 that may impair a person’s physical or mental capacity; or another substance, other than a dangerous drug, that may impair a person’s physical or mental capacity.\n- (a) be over the low alcohol limit; or\n- (b) have present in the officer’s saliva or urine— (i) evidence of a dangerous drug; or (ii) evidence of a prescribed substance that the officer may not lawfully take; or (iii) evidence of having taken a prescribed substance in a way contrary to a direction of a doctor or a recommendation of the manufacturer of the substance.\n- (i) evidence of a dangerous drug; or\n- (ii) evidence of a prescribed substance that the officer may not lawfully take; or\n- (iii) evidence of having taken a prescribed substance in a way contrary to a direction of a doctor or a recommendation of the manufacturer of the substance.\n- (i) evidence of a dangerous drug; or\n- (ii) evidence of a prescribed substance that the officer may not lawfully take; or\n- (iii) evidence of having taken a prescribed substance in a way contrary to a direction of a doctor or a recommendation of the manufacturer of the substance.\n- (a) a specified number of grams of alcohol in 210L of breath; or\n- (b) a specified number of grams in 210L.\n- (a) is about to perform the function or exercise the power; or\n- (b) is performing the function or exercising the power; or\n- (c) has just performed the function or exercised the power.\n- (a) a substance, other than a dangerous drug, that is a regulated substance under the Medicines and Poisons Act 2019 that may impair a person’s physical or mental capacity; or\n- (b) another substance, other than a dangerous drug, that may impair a person’s physical or mental capacity.","sortOrder":309},{"sectionNumber":"ch.11-pt.2-div.4","sectionType":"division","heading":"Cessation of appointment","content":"## Cessation of appointment","sortOrder":310},{"sectionNumber":"sec.113E","sectionType":"section","heading":"When authorised person ceases to hold office","content":"### sec.113E When authorised person ceases to hold office\n\nAn authorised person ceases to hold office if any of the following happens—\nthe term of office stated in a condition of office ends;\nunder another condition of office, the person ceases to hold office;\nthe person’s resignation under section 113F takes effect.\nSubsection (1) does not limit the ways an authorised person may cease to hold office.\nThis section does not apply to a transit officer who is a police officer.\nIn this section—\ncondition of office means a condition on which the authorised person holds office.\ns 113E ins 2008 No. 67 s 220\n(sec.113E-ssec.1) An authorised person ceases to hold office if any of the following happens— the term of office stated in a condition of office ends; under another condition of office, the person ceases to hold office; the person’s resignation under section 113F takes effect.\n(sec.113E-ssec.2) Subsection (1) does not limit the ways an authorised person may cease to hold office.\n(sec.113E-ssec.3) This section does not apply to a transit officer who is a police officer.\n(sec.113E-ssec.4) In this section— condition of office means a condition on which the authorised person holds office.\n- (a) the term of office stated in a condition of office ends;\n- (b) under another condition of office, the person ceases to hold office;\n- (c) the person’s resignation under section 113F takes effect.","sortOrder":311},{"sectionNumber":"sec.113F","sectionType":"section","heading":"Resignation","content":"### sec.113F Resignation\n\nAn authorised person may resign by signed notice given to the chief executive.\ns 113F ins 2008 No. 67 s 220","sortOrder":312},{"sectionNumber":"sec.113G","sectionType":"section","heading":"Revocation of appointment of transit officer","content":"### sec.113G Revocation of appointment of transit officer\n\nThe chief executive may revoke the appointment of a person as a transit officer if—\nthe chief executive is of the opinion the person is no longer suitable to be a transit officer, having regard to the matters mentioned in section 111B ; or\nDivision 1 , subdivision 2 outlines the process for assessing a person’s suitability to be, or continue to be, a transit officer.\nthe person—\nhas failed to comply with section 111F (3) ; or\nhas failed to undertake transit officer training as required by the chief executive under section 113C (2) ; or\nhas failed to comply with section 113D (1) ; or\nhas failed to provide a specimen of breath for an alcohol test, or a specimen of saliva or urine for a drug test, to be conducted under section 116 ; or\nhas knowingly failed to comply with part 4A without a reasonable excuse.\nSubsection (1) (b) (iv) does not apply if the transit officer has a reasonable excuse, because of a medical condition, for being unable to provide the specimen of breath, saliva or urine.\nIf the person is an employee of a railway manager, railway operator or the Authority, the chief executive may advise the railway manager or railway operator of the revocation.\ns 113G ins 2008 No. 67 s 220\namd 2010 No. 13 s 121 ; 2013 No. 19 s 120 sch 1\n(sec.113G-ssec.1) The chief executive may revoke the appointment of a person as a transit officer if— the chief executive is of the opinion the person is no longer suitable to be a transit officer, having regard to the matters mentioned in section 111B ; or Division 1 , subdivision 2 outlines the process for assessing a person’s suitability to be, or continue to be, a transit officer. the person— has failed to comply with section 111F (3) ; or has failed to undertake transit officer training as required by the chief executive under section 113C (2) ; or has failed to comply with section 113D (1) ; or has failed to provide a specimen of breath for an alcohol test, or a specimen of saliva or urine for a drug test, to be conducted under section 116 ; or has knowingly failed to comply with part 4A without a reasonable excuse.\n(sec.113G-ssec.2) Subsection (1) (b) (iv) does not apply if the transit officer has a reasonable excuse, because of a medical condition, for being unable to provide the specimen of breath, saliva or urine.\n(sec.113G-ssec.3) If the person is an employee of a railway manager, railway operator or the Authority, the chief executive may advise the railway manager or railway operator of the revocation.\n- (a) the chief executive is of the opinion the person is no longer suitable to be a transit officer, having regard to the matters mentioned in section 111B ; or Note— Division 1 , subdivision 2 outlines the process for assessing a person’s suitability to be, or continue to be, a transit officer.\n- (b) the person— (i) has failed to comply with section 111F (3) ; or (ii) has failed to undertake transit officer training as required by the chief executive under section 113C (2) ; or (iii) has failed to comply with section 113D (1) ; or (iv) has failed to provide a specimen of breath for an alcohol test, or a specimen of saliva or urine for a drug test, to be conducted under section 116 ; or (v) has knowingly failed to comply with part 4A without a reasonable excuse.\n- (i) has failed to comply with section 111F (3) ; or\n- (ii) has failed to undertake transit officer training as required by the chief executive under section 113C (2) ; or\n- (iii) has failed to comply with section 113D (1) ; or\n- (iv) has failed to provide a specimen of breath for an alcohol test, or a specimen of saliva or urine for a drug test, to be conducted under section 116 ; or\n- (v) has knowingly failed to comply with part 4A without a reasonable excuse.\n- (i) has failed to comply with section 111F (3) ; or\n- (ii) has failed to undertake transit officer training as required by the chief executive under section 113C (2) ; or\n- (iii) has failed to comply with section 113D (1) ; or\n- (iv) has failed to provide a specimen of breath for an alcohol test, or a specimen of saliva or urine for a drug test, to be conducted under section 116 ; or\n- (v) has knowingly failed to comply with part 4A without a reasonable excuse.","sortOrder":313},{"sectionNumber":"ch.11-pt.2-div.5","sectionType":"division","heading":"Application of other Acts to particular transit officers","content":"## Application of other Acts to particular transit officers","sortOrder":314},{"sectionNumber":"sec.113H","sectionType":"section","heading":"Application of Crime and Corruption Act 2001","content":"### sec.113H Application of Crime and Corruption Act 2001\n\nThis section applies if an employee of a railway manager or railway operator that is a rail government entity becomes a transit officer under section 111 (3) (b) .\nSubject to subsection (3) , the Crime and Corruption Act 2001 applies to the railway manager or railway operator in relation to the employee as if—\nthe railway manager or railway operator were a unit of public administration; and\nthe chief executive officer of the railway manager or railway operator were the chief executive officer of a unit of public administration; and\na prescribed person for the railway manager or railway operator were a person holding an appointment in a unit of public administration.\nThe Crime and Corruption Act 2001 applies to a railway operator or railway manager, and prescribed persons for the railway manager or railway operator, only in relation to conduct, or a conspiracy or attempt to engage in conduct, of or by a prescribed person relating to the performance of a function or exercise of a power by the employee as a transit officer under this Act.\ns 113H ins 2008 No. 67 s 220\namd 2013 No. 19 s 120 sch 1 ; 2014 No. 21 s 94 (2) sch 2\n(sec.113H-ssec.1) This section applies if an employee of a railway manager or railway operator that is a rail government entity becomes a transit officer under section 111 (3) (b) .\n(sec.113H-ssec.2) Subject to subsection (3) , the Crime and Corruption Act 2001 applies to the railway manager or railway operator in relation to the employee as if— the railway manager or railway operator were a unit of public administration; and the chief executive officer of the railway manager or railway operator were the chief executive officer of a unit of public administration; and a prescribed person for the railway manager or railway operator were a person holding an appointment in a unit of public administration.\n(sec.113H-ssec.3) The Crime and Corruption Act 2001 applies to a railway operator or railway manager, and prescribed persons for the railway manager or railway operator, only in relation to conduct, or a conspiracy or attempt to engage in conduct, of or by a prescribed person relating to the performance of a function or exercise of a power by the employee as a transit officer under this Act.\n- (a) the railway manager or railway operator were a unit of public administration; and\n- (b) the chief executive officer of the railway manager or railway operator were the chief executive officer of a unit of public administration; and\n- (c) a prescribed person for the railway manager or railway operator were a person holding an appointment in a unit of public administration.","sortOrder":315},{"sectionNumber":"sec.113I","sectionType":"section","heading":"Application of Public Sector Ethics Act 1994","content":"### sec.113I Application of Public Sector Ethics Act 1994\n\nThis section applies if an employee of a railway manager or railway operator that is a rail government entity becomes a transit officer under section 111 (3) (b) .\nSubject to subsections (3) and (4) , the Public Sector Ethics Act 1994 applies to the railway manager or railway operator in relation to the employee as if—\nthe railway manager or railway operator were a public sector entity; and\nthe chief executive officer of the railway manager or railway operator were—\nthe chief executive officer of the public sector entity; and\nthe responsible authority for the public sector entity; and\na prescribed person for the railway manager or railway operator were a public official.\nThe Public Sector Ethics Act 1994 applies to a railway operator or railway manager, and prescribed persons for the railway manager or railway operator, only in relation to a prescribed person’s duties relating to the performance of a function or exercise of a power by the employee as a transit officer under this Act.\nWithout limiting subsection (3) —\nthe ethics values under the Public Sector Ethics Act 1994 , part 3 apply to a prescribed person only in relation to the person’s duties relating to a transit officer performing a function or exercising a power under this Act; and\nthe requirement to prepare a code of conduct under the Public Sector Ethics Act 1994 , part 4 is a requirement to prepare a code of conduct only for a prescribed person’s duties relating to a transit officer performing a function or exercising a power under this Act.\ns 113I ins 2008 No. 67 s 220\namd 2010 No. 37 s 177 sch ; 2013 No. 19 s 120 sch 1\n(sec.113I-ssec.1) This section applies if an employee of a railway manager or railway operator that is a rail government entity becomes a transit officer under section 111 (3) (b) .\n(sec.113I-ssec.2) Subject to subsections (3) and (4) , the Public Sector Ethics Act 1994 applies to the railway manager or railway operator in relation to the employee as if— the railway manager or railway operator were a public sector entity; and the chief executive officer of the railway manager or railway operator were— the chief executive officer of the public sector entity; and the responsible authority for the public sector entity; and a prescribed person for the railway manager or railway operator were a public official.\n(sec.113I-ssec.3) The Public Sector Ethics Act 1994 applies to a railway operator or railway manager, and prescribed persons for the railway manager or railway operator, only in relation to a prescribed person’s duties relating to the performance of a function or exercise of a power by the employee as a transit officer under this Act.\n(sec.113I-ssec.4) Without limiting subsection (3) — the ethics values under the Public Sector Ethics Act 1994 , part 3 apply to a prescribed person only in relation to the person’s duties relating to a transit officer performing a function or exercising a power under this Act; and the requirement to prepare a code of conduct under the Public Sector Ethics Act 1994 , part 4 is a requirement to prepare a code of conduct only for a prescribed person’s duties relating to a transit officer performing a function or exercising a power under this Act.\n- (a) the railway manager or railway operator were a public sector entity; and\n- (b) the chief executive officer of the railway manager or railway operator were— (i) the chief executive officer of the public sector entity; and (ii) the responsible authority for the public sector entity; and\n- (i) the chief executive officer of the public sector entity; and\n- (ii) the responsible authority for the public sector entity; and\n- (c) a prescribed person for the railway manager or railway operator were a public official.\n- (i) the chief executive officer of the public sector entity; and\n- (ii) the responsible authority for the public sector entity; and\n- (a) the ethics values under the Public Sector Ethics Act 1994 , part 3 apply to a prescribed person only in relation to the person’s duties relating to a transit officer performing a function or exercising a power under this Act; and\n- (b) the requirement to prepare a code of conduct under the Public Sector Ethics Act 1994 , part 4 is a requirement to prepare a code of conduct only for a prescribed person’s duties relating to a transit officer performing a function or exercising a power under this Act.","sortOrder":316},{"sectionNumber":"ch.11-pt.2-div.6","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":317},{"sectionNumber":"sec.114","sectionType":"section","heading":"Powers of authorised persons","content":"### sec.114 Powers of authorised persons\n\nAn authorised person has the powers given under relevant transport legislation.\nA regulation may limit the powers of authorised persons.\ns 114 amd 2004 No. 9 s 25\n(sec.114-ssec.1) An authorised person has the powers given under relevant transport legislation.\n(sec.114-ssec.2) A regulation may limit the powers of authorised persons.","sortOrder":318},{"sectionNumber":"sec.115","sectionType":"section","heading":"Protection from liability","content":"### sec.115 Protection from liability\n\nThis section applies to—\nan authorised person; and\na person acting under the direction of an authorised person.\nA person does not incur civil liability for an act done, or omission made, honestly and without negligence under relevant transport legislation.\nIf subsection (2) prevents a civil liability attaching to a person, the liability attaches instead to—\nif the authorised person is not a transit officer, is employed by a railway manager, railway operator or the Authority, and is exercising a power in relation to a railway—the manager or operator of the railway or the Authority; or\nin any other case—the State.\nFor subsection (3) (a) , a person is employed by a railway manager, railway operator or the Authority if the person is—\nan employee of, or a contractor for, the railway manager, railway operator or the Authority; or\nan employee of a contractor mentioned in paragraph (a) .\ns 115 amd 2003 No. 54 s 42 ; 2004 No. 9 s 26 ; 2008 No. 67 s 221 ; 2013 No. 19 s 120 sch 1\n(sec.115-ssec.1) This section applies to— an authorised person; and a person acting under the direction of an authorised person.\n(sec.115-ssec.2) A person does not incur civil liability for an act done, or omission made, honestly and without negligence under relevant transport legislation.\n(sec.115-ssec.3) If subsection (2) prevents a civil liability attaching to a person, the liability attaches instead to— if the authorised person is not a transit officer, is employed by a railway manager, railway operator or the Authority, and is exercising a power in relation to a railway—the manager or operator of the railway or the Authority; or in any other case—the State.\n(sec.115-ssec.4) For subsection (3) (a) , a person is employed by a railway manager, railway operator or the Authority if the person is— an employee of, or a contractor for, the railway manager, railway operator or the Authority; or an employee of a contractor mentioned in paragraph (a) .\n- (a) an authorised person; and\n- (b) a person acting under the direction of an authorised person.\n- (a) if the authorised person is not a transit officer, is employed by a railway manager, railway operator or the Authority, and is exercising a power in relation to a railway—the manager or operator of the railway or the Authority; or\n- (b) in any other case—the State.\n- (a) an employee of, or a contractor for, the railway manager, railway operator or the Authority; or\n- (b) an employee of a contractor mentioned in paragraph (a) .","sortOrder":319},{"sectionNumber":"ch.11-pt.2A","sectionType":"part","heading":"Drug and alcohol testing of transit officers","content":"# Drug and alcohol testing of transit officers","sortOrder":320},{"sectionNumber":"sec.116","sectionType":"section","heading":"Chief executive may require transit officer to undergo alcohol test or drug test","content":"### sec.116 Chief executive may require transit officer to undergo alcohol test or drug test\n\nThe chief executive may, by written notice, require a transit officer to submit to an alcohol test or drug test if—\nthe officer has been involved in an incident in which a person being detained under part 4A by the officer suffers a physical injury; or\nthe chief executive reasonably suspects the officer is contravening, or has contravened, section 113D (1) .\nIf a person appointed as a transit officer is asked to provide a specimen of breath for an alcohol test, or specimen of saliva or urine for a drug test, under this section and the person fails to provide the specimen, the person’s appointment may be revoked under section 113G .\nAn alcohol test, or drug test, of a transit officer conducted under this section must be conducted by a relevant entity.\nA regulation may provide for requirements about notifying a transit officer of the results of an alcohol test or drug test conducted on the officer under this section.\nIn this section—\nalcohol test , of a transit officer, means a test of the breath of the officer for deciding whether the officer is over the low alcohol limit within the meaning of section 113D (2) .\ndrug test , of a transit officer, means a test of the saliva or urine of the officer for deciding whether the saliva or urine has evidence of a dangerous drug, or prescribed substance, as defined under section 113D (5) .\nrelevant entity means an entity the chief executive engages to conduct alcohol tests, or drug tests, of transit officers under this section.\ns 116 prev s 116 ins 1995 No. 32 s 23 sch\namd 1997 No. 66 s 97 ; 2000 No. 40 s 22 ; 2003 No. 54 s 43\nom 2004 No. 9 s 20\npres s 116 ins 2008 No. 67 s 222\nsub 2010 No. 13 s 122\n(sec.116-ssec.1) The chief executive may, by written notice, require a transit officer to submit to an alcohol test or drug test if— the officer has been involved in an incident in which a person being detained under part 4A by the officer suffers a physical injury; or the chief executive reasonably suspects the officer is contravening, or has contravened, section 113D (1) . If a person appointed as a transit officer is asked to provide a specimen of breath for an alcohol test, or specimen of saliva or urine for a drug test, under this section and the person fails to provide the specimen, the person’s appointment may be revoked under section 113G .\n(sec.116-ssec.2) An alcohol test, or drug test, of a transit officer conducted under this section must be conducted by a relevant entity.\n(sec.116-ssec.3) A regulation may provide for requirements about notifying a transit officer of the results of an alcohol test or drug test conducted on the officer under this section.\n(sec.116-ssec.4) In this section— alcohol test , of a transit officer, means a test of the breath of the officer for deciding whether the officer is over the low alcohol limit within the meaning of section 113D (2) . drug test , of a transit officer, means a test of the saliva or urine of the officer for deciding whether the saliva or urine has evidence of a dangerous drug, or prescribed substance, as defined under section 113D (5) . relevant entity means an entity the chief executive engages to conduct alcohol tests, or drug tests, of transit officers under this section.\n- (a) the officer has been involved in an incident in which a person being detained under part 4A by the officer suffers a physical injury; or\n- (b) the chief executive reasonably suspects the officer is contravening, or has contravened, section 113D (1) .","sortOrder":321},{"sectionNumber":"sec.117","sectionType":"section","heading":null,"content":"### Section sec.117\n\ns 117 orig s 117 ins 1995 No. 32 s 23 sch\namd 1997 No. 66 s 98 ; 2000 No. 40 s 23 ; 2003 No. 54 s 44\nom 2004 No. 9 s 20\nprev s 117 ins 2008 No. 67 s 222\nom 2010 No. 13 s 122","sortOrder":322},{"sectionNumber":"sec.118","sectionType":"section","heading":"Alcohol or drug test results generally inadmissible","content":"### sec.118 Alcohol or drug test results generally inadmissible\n\nEvidence of the following is inadmissible in a civil or criminal proceeding before a court—\na requirement of the chief executive made under section  116 (1) having been made;\nthe result of any test conducted under section 116 .\nAlso, the chief executive and anyone else involved in any way in anything under section 116 can not be compelled to produce to a court any document kept or to disclose to a court any information obtained because of the doing of the thing.\nThis section does not apply to—\na proceeding for a charge of an offence arising from an incident in which a person being detained under part 4A by the officer suffers a physical injury; or\nan inquest in a Coroners Court into the death of a person; or\na proceeding on an application under the Industrial Relations Act 2016 , section 317 for reinstatement because of unfair dismissal; or\nan investigation or other proceeding under the Crime and Corruption Act 2001 ; or\ndisciplinary action as provided for under the Public Sector Ethics Act 1994 .\ns 118 prev s 118 ins 1995 No. 32 s 23 sch\namd 2000 No. 5 s 461 sch 3 ; 2000 No. 40 s 24\nom 2004 No. 9 s 20\npres s 118 ins 2008 No. 67 s 222\namd 2014 No. 21 s 94 (2) sch 2 ; 2016 No. 63 s 1157 sch 6\n(sec.118-ssec.1) Evidence of the following is inadmissible in a civil or criminal proceeding before a court— a requirement of the chief executive made under section  116 (1) having been made; the result of any test conducted under section 116 .\n(sec.118-ssec.2) Also, the chief executive and anyone else involved in any way in anything under section 116 can not be compelled to produce to a court any document kept or to disclose to a court any information obtained because of the doing of the thing.\n(sec.118-ssec.3) This section does not apply to— a proceeding for a charge of an offence arising from an incident in which a person being detained under part 4A by the officer suffers a physical injury; or an inquest in a Coroners Court into the death of a person; or a proceeding on an application under the Industrial Relations Act 2016 , section 317 for reinstatement because of unfair dismissal; or an investigation or other proceeding under the Crime and Corruption Act 2001 ; or disciplinary action as provided for under the Public Sector Ethics Act 1994 .\n- (a) a requirement of the chief executive made under section  116 (1) having been made;\n- (b) the result of any test conducted under section 116 .\n- (a) a proceeding for a charge of an offence arising from an incident in which a person being detained under part 4A by the officer suffers a physical injury; or\n- (b) an inquest in a Coroners Court into the death of a person; or\n- (c) a proceeding on an application under the Industrial Relations Act 2016 , section 317 for reinstatement because of unfair dismissal; or\n- (d) an investigation or other proceeding under the Crime and Corruption Act 2001 ; or\n- (e) disciplinary action as provided for under the Public Sector Ethics Act 1994 .","sortOrder":323},{"sectionNumber":"sec.119","sectionType":"section","heading":null,"content":"### Section sec.119\n\ns 119 ins 1995 No. 32 s 23 sch\namd 2000 No. 6 s 66 ; 2000 No. 40 s 25\nom 2004 No. 9 s 20","sortOrder":324},{"sectionNumber":"ch.11-pt.3","sectionType":"part","heading":"Powers of authorised persons in relation to places and vehicles","content":"# Powers of authorised persons in relation to places and vehicles","sortOrder":325},{"sectionNumber":"sec.120","sectionType":"section","heading":"Entry of place","content":"### sec.120 Entry of place\n\nAn authorised person may enter a place if—\nits occupier consents to the entry or the purpose of the entry is to get the occupier’s consent; or\nit is a public place and the entry is made when it is open to the public; or\nit is mentioned in an accreditation, authorisation, contract or licence under this Act as a place of business, or another place, required to be open to inspection and the entry is made when the place is—\nopen for the conduct of business or otherwise open for entry; or\nrequired under the accreditation, authorisation, contract or licence to be open for inspection; or\nit is a place of business of a duty holder for a road-based public passenger service, other than a place of business to which paragraph (c) applies, and the entry is made when the place is open for the conduct of business or otherwise open for entry; or\nit is a place of business of a duty holder for a road-based public passenger service to whom an audit notice has been given under section 67ZE and the authorised person reasonably believes it is necessary to enter the place to carry out the audit; or\nthe authorised person reasonably believes a dangerous situation exists in the place and it is necessary for the authorised person to enter to take action under section 126O to deal with the dangerous situation; or\nthe entry is authorised by a warrant.\ns 120 amd 2008 No. 67 s 20 ; 2017 No. 18 s 20 ; 2024 No. 2 s 42\n- (a) its occupier consents to the entry or the purpose of the entry is to get the occupier’s consent; or\n- (b) it is a public place and the entry is made when it is open to the public; or\n- (c) it is mentioned in an accreditation, authorisation, contract or licence under this Act as a place of business, or another place, required to be open to inspection and the entry is made when the place is— (i) open for the conduct of business or otherwise open for entry; or (ii) required under the accreditation, authorisation, contract or licence to be open for inspection; or\n- (i) open for the conduct of business or otherwise open for entry; or\n- (ii) required under the accreditation, authorisation, contract or licence to be open for inspection; or\n- (d) it is a place of business of a duty holder for a road-based public passenger service, other than a place of business to which paragraph (c) applies, and the entry is made when the place is open for the conduct of business or otherwise open for entry; or\n- (e) it is a place of business of a duty holder for a road-based public passenger service to whom an audit notice has been given under section 67ZE and the authorised person reasonably believes it is necessary to enter the place to carry out the audit; or\n- (f) the authorised person reasonably believes a dangerous situation exists in the place and it is necessary for the authorised person to enter to take action under section 126O to deal with the dangerous situation; or\n- (g) the entry is authorised by a warrant.\n- (i) open for the conduct of business or otherwise open for entry; or\n- (ii) required under the accreditation, authorisation, contract or licence to be open for inspection; or","sortOrder":326},{"sectionNumber":"sec.121","sectionType":"section","heading":"Warrants","content":"### sec.121 Warrants\n\nAn authorised person may apply to a magistrate for a warrant for a place.\nAn application must be sworn and state the grounds on which the warrant is sought.\nThe magistrate may refuse to consider the application until the authorised person gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.\nThe magistrate may require additional information supporting the application to be given by statutory declaration.\nThe magistrate may issue a warrant if the magistrate is satisfied there are reasonable grounds for suspecting—\nthere is a particular thing or activity (the evidence ) that may provide evidence of the commission of an offence against this Act; and\nthe evidence is, or may be within the next 7 days, at the place.\nThe magistrate may also issue a warrant if the magistrate is satisfied that—\neither of the following apply in relation to a particular place—\na vehicle that has been or may have been involved in a dangerous situation is or has been located at the place;\nthe place is or may be otherwise connected, directly or indirectly, with a vehicle that has been or may have been involved in a dangerous situation; and\nthere is evidence at the place (including for paragraph (a) (i) , the vehicle itself) that is relevant to the exercise of powers under this Act relating to dangerous situations.\nThe warrant must state—\nthat the authorised person may, with necessary and reasonable help and force, enter the place and exercise the authorised person’s powers under this Act; and\nthe evidence for which the warrant is issued; and\nthe hours of the day when entry may be made; and\nthe day (within 14 days after the warrant’s issue) when the warrant ends.\nThe magistrate must record the reasons for issuing the warrant.\ns 121 amd 2008 No. 67 s 21\n(sec.121-ssec.1) An authorised person may apply to a magistrate for a warrant for a place.\n(sec.121-ssec.2) An application must be sworn and state the grounds on which the warrant is sought.\n(sec.121-ssec.3) The magistrate may refuse to consider the application until the authorised person gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. The magistrate may require additional information supporting the application to be given by statutory declaration.\n(sec.121-ssec.4) The magistrate may issue a warrant if the magistrate is satisfied there are reasonable grounds for suspecting— there is a particular thing or activity (the evidence ) that may provide evidence of the commission of an offence against this Act; and the evidence is, or may be within the next 7 days, at the place.\n(sec.121-ssec.4A) The magistrate may also issue a warrant if the magistrate is satisfied that— either of the following apply in relation to a particular place— a vehicle that has been or may have been involved in a dangerous situation is or has been located at the place; the place is or may be otherwise connected, directly or indirectly, with a vehicle that has been or may have been involved in a dangerous situation; and there is evidence at the place (including for paragraph (a) (i) , the vehicle itself) that is relevant to the exercise of powers under this Act relating to dangerous situations.\n(sec.121-ssec.5) The warrant must state— that the authorised person may, with necessary and reasonable help and force, enter the place and exercise the authorised person’s powers under this Act; and the evidence for which the warrant is issued; and the hours of the day when entry may be made; and the day (within 14 days after the warrant’s issue) when the warrant ends.\n(sec.121-ssec.6) The magistrate must record the reasons for issuing the warrant.\n- (a) there is a particular thing or activity (the evidence ) that may provide evidence of the commission of an offence against this Act; and\n- (b) the evidence is, or may be within the next 7 days, at the place.\n- (a) either of the following apply in relation to a particular place— (i) a vehicle that has been or may have been involved in a dangerous situation is or has been located at the place; (ii) the place is or may be otherwise connected, directly or indirectly, with a vehicle that has been or may have been involved in a dangerous situation; and\n- (i) a vehicle that has been or may have been involved in a dangerous situation is or has been located at the place;\n- (ii) the place is or may be otherwise connected, directly or indirectly, with a vehicle that has been or may have been involved in a dangerous situation; and\n- (b) there is evidence at the place (including for paragraph (a) (i) , the vehicle itself) that is relevant to the exercise of powers under this Act relating to dangerous situations.\n- (i) a vehicle that has been or may have been involved in a dangerous situation is or has been located at the place;\n- (ii) the place is or may be otherwise connected, directly or indirectly, with a vehicle that has been or may have been involved in a dangerous situation; and\n- (a) that the authorised person may, with necessary and reasonable help and force, enter the place and exercise the authorised person’s powers under this Act; and\n- (b) the evidence for which the warrant is issued; and\n- (c) the hours of the day when entry may be made; and\n- (d) the day (within 14 days after the warrant’s issue) when the warrant ends.","sortOrder":327},{"sectionNumber":"sec.122","sectionType":"section","heading":"Warrants—applications made otherwise than in person","content":"### sec.122 Warrants—applications made otherwise than in person\n\nAn authorised person may apply for a warrant by phone, fax, radio or another form of communication if the authorised person considers it necessary because of—\nurgent circumstances; or\nother special circumstances, including, for example, the authorised person’s remote location.\nBefore applying for the warrant, the authorised person must prepare an application stating the grounds on which the warrant is sought.\nThe authorised person may apply for the warrant before the application is sworn.\nAfter issuing the warrant, the magistrate must immediately fax a copy to the authorised person if it is reasonably practicable to fax the copy.\nIf it is not reasonably practicable to fax a copy of the warrant to the authorised person—\nthe magistrate must—\ntell the authorised person what the terms of the warrant are; and\ntell the authorised person the date and time the warrant was signed; and\nrecord on the warrant the reasons for issuing the warrant; and\nthe authorised person must write on a form of warrant ( warrant form )—\nthe magistrate’s name; and\nthe date and time the magistrate signed the warrant; and\nthe warrant’s terms.\nThe facsimile warrant, or the warrant form properly completed by the authorised person, authorises the entry and the exercise of the other powers authorised by the warrant issued by the magistrate.\nThe authorised person must, at the first reasonable opportunity, send to the magistrate—\nthe sworn application; and\nif a warrant form was completed by the authorised person—the completed warrant form.\nOn receiving the documents, the magistrate must attach them to the warrant.\nUnless the contrary is proved, a court must presume that a power exercised by an authorised person was not authorised by a warrant issued under this section if—\na question arises, in a proceeding before the court, whether the exercise of power was authorised by a warrant; and\nthe warrant is not produced in evidence.\n(sec.122-ssec.1) An authorised person may apply for a warrant by phone, fax, radio or another form of communication if the authorised person considers it necessary because of— urgent circumstances; or other special circumstances, including, for example, the authorised person’s remote location.\n(sec.122-ssec.2) Before applying for the warrant, the authorised person must prepare an application stating the grounds on which the warrant is sought.\n(sec.122-ssec.3) The authorised person may apply for the warrant before the application is sworn.\n(sec.122-ssec.4) After issuing the warrant, the magistrate must immediately fax a copy to the authorised person if it is reasonably practicable to fax the copy.\n(sec.122-ssec.5) If it is not reasonably practicable to fax a copy of the warrant to the authorised person— the magistrate must— tell the authorised person what the terms of the warrant are; and tell the authorised person the date and time the warrant was signed; and record on the warrant the reasons for issuing the warrant; and the authorised person must write on a form of warrant ( warrant form )— the magistrate’s name; and the date and time the magistrate signed the warrant; and the warrant’s terms.\n(sec.122-ssec.6) The facsimile warrant, or the warrant form properly completed by the authorised person, authorises the entry and the exercise of the other powers authorised by the warrant issued by the magistrate.\n(sec.122-ssec.7) The authorised person must, at the first reasonable opportunity, send to the magistrate— the sworn application; and if a warrant form was completed by the authorised person—the completed warrant form.\n(sec.122-ssec.8) On receiving the documents, the magistrate must attach them to the warrant.\n(sec.122-ssec.9) Unless the contrary is proved, a court must presume that a power exercised by an authorised person was not authorised by a warrant issued under this section if— a question arises, in a proceeding before the court, whether the exercise of power was authorised by a warrant; and the warrant is not produced in evidence.\n- (a) urgent circumstances; or\n- (b) other special circumstances, including, for example, the authorised person’s remote location.\n- (a) the magistrate must— (i) tell the authorised person what the terms of the warrant are; and (ii) tell the authorised person the date and time the warrant was signed; and (iii) record on the warrant the reasons for issuing the warrant; and\n- (i) tell the authorised person what the terms of the warrant are; and\n- (ii) tell the authorised person the date and time the warrant was signed; and\n- (iii) record on the warrant the reasons for issuing the warrant; and\n- (b) the authorised person must write on a form of warrant ( warrant form )— (i) the magistrate’s name; and (ii) the date and time the magistrate signed the warrant; and (iii) the warrant’s terms.\n- (i) the magistrate’s name; and\n- (ii) the date and time the magistrate signed the warrant; and\n- (iii) the warrant’s terms.\n- (i) tell the authorised person what the terms of the warrant are; and\n- (ii) tell the authorised person the date and time the warrant was signed; and\n- (iii) record on the warrant the reasons for issuing the warrant; and\n- (i) the magistrate’s name; and\n- (ii) the date and time the magistrate signed the warrant; and\n- (iii) the warrant’s terms.\n- (a) the sworn application; and\n- (b) if a warrant form was completed by the authorised person—the completed warrant form.\n- (a) a question arises, in a proceeding before the court, whether the exercise of power was authorised by a warrant; and\n- (b) the warrant is not produced in evidence.","sortOrder":328},{"sectionNumber":"sec.123","sectionType":"section","heading":"Entry or boarding of vehicles","content":"### sec.123 Entry or boarding of vehicles\n\nAn authorised person may enter or board a vehicle if the authorised person has reasonable grounds for suspecting—\nthe vehicle is being, or has been, used in the commission of an offence against this Act; or\nthe vehicle, or a thing in or on the vehicle, may provide evidence of the commission of an offence against this Act.\nAlso, an authorised person may enter on board a vehicle if the authorised person reasonably believes a dangerous situation exists in or at the vehicle and it is necessary for the authorised person to enter to take action under section 126O to deal with the dangerous situation.\nIf the vehicle is moving or about to move, the authorised person may signal the person in control of the vehicle to stop the vehicle or not to move it.\nTo enable the vehicle to be entered or boarded, the authorised person may—\nact with necessary and reasonable help and force; and\nrequire the person in control of the vehicle to give reasonable help to the authorised person.\nA person must obey a signal under subsection (2) , unless the person has a reasonable excuse for disobeying it.\nMaximum penalty—75 penalty units.\nA person must comply with a requirement under subsection (3) (b) , unless the person has a reasonable excuse for not complying with it.\nMaximum penalty—75 penalty units.\nIt is a reasonable excuse for a person to disobey a signal under subsection (2) if—\nthe person reasonably believes that to obey the signal immediately would have endangered the person, someone else or the vehicle; and\nthe person obeys the signal as soon as it is practicable to obey it.\ns 123 amd 2008 No. 67 s 22 ; 2008 No. 66 s 4 sch pt 2\n(sec.123-ssec.1) An authorised person may enter or board a vehicle if the authorised person has reasonable grounds for suspecting— the vehicle is being, or has been, used in the commission of an offence against this Act; or the vehicle, or a thing in or on the vehicle, may provide evidence of the commission of an offence against this Act.\n(sec.123-ssec.1A) Also, an authorised person may enter on board a vehicle if the authorised person reasonably believes a dangerous situation exists in or at the vehicle and it is necessary for the authorised person to enter to take action under section 126O to deal with the dangerous situation.\n(sec.123-ssec.2) If the vehicle is moving or about to move, the authorised person may signal the person in control of the vehicle to stop the vehicle or not to move it.\n(sec.123-ssec.3) To enable the vehicle to be entered or boarded, the authorised person may— act with necessary and reasonable help and force; and require the person in control of the vehicle to give reasonable help to the authorised person.\n(sec.123-ssec.4) A person must obey a signal under subsection (2) , unless the person has a reasonable excuse for disobeying it. Maximum penalty—75 penalty units.\n(sec.123-ssec.5) A person must comply with a requirement under subsection (3) (b) , unless the person has a reasonable excuse for not complying with it. Maximum penalty—75 penalty units.\n(sec.123-ssec.6) It is a reasonable excuse for a person to disobey a signal under subsection (2) if— the person reasonably believes that to obey the signal immediately would have endangered the person, someone else or the vehicle; and the person obeys the signal as soon as it is practicable to obey it.\n- (a) the vehicle is being, or has been, used in the commission of an offence against this Act; or\n- (b) the vehicle, or a thing in or on the vehicle, may provide evidence of the commission of an offence against this Act.\n- (a) act with necessary and reasonable help and force; and\n- (b) require the person in control of the vehicle to give reasonable help to the authorised person.\n- (a) the person reasonably believes that to obey the signal immediately would have endangered the person, someone else or the vehicle; and\n- (b) the person obeys the signal as soon as it is practicable to obey it.","sortOrder":329},{"sectionNumber":"sec.124","sectionType":"section","heading":"General powers in relation to places and vehicles","content":"### sec.124 General powers in relation to places and vehicles\n\nAn authorised person who enters a place, or enters or boards a vehicle, under this chapter may—\nsearch any part of the place or vehicle; or\ninspect, photograph or film anything in or on the place or vehicle; or\ntake samples of or from anything in or on the place or vehicle; or\ntake extracts from, or make copies of, a document in or on the place or vehicle; or\ntake into or onto the place or vehicle any persons, equipment and materials the authorised person reasonably requires for exercising a power under this Act; or\nrequire the occupier of the place, or a person in or on the place or vehicle, to give the authorised person reasonable help to exercise the powers mentioned in paragraphs (a) to (e) ; or\nif the authorised person enters or boards a vehicle—by written notice given to the person in control of the vehicle, require the person—\nto take the vehicle to a stated reasonable place by a stated reasonable time; and\nif necessary, to remain in control of the vehicle at the place for a reasonable time;\nto enable an authorised person to exercise the powers mentioned in paragraphs (a) to (e) .\nIt is unnecessary for an authorised person who may enter or board a vehicle under this chapter, to enter or board the vehicle to make a requirement under subsection (1) (g) of the person in control of the vehicle (the driver ) if the authorised person is physically able to make the requirement of the driver without entering or boarding the vehicle.\nA person who is required to give reasonable help under subsection (1) (f) must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—75 penalty units.\nIf the requirement is to be complied with by the person by—\ngiving information; or\nproducing a document (other than a document required to be kept by the person under this Act);\nit is a reasonable excuse for the person to fail to comply with the requirement if complying with the requirement might tend to incriminate the person.\nA person who is required by an authorised person under subsection (1) (g) to take action in relation to a vehicle must comply with the requirement, unless the person has a reasonable excuse for not complying with it.\nMaximum penalty—75 penalty units.\nIf, for any reason, it is not practicable to make a requirement under subsection (1) (g) by written notice, the requirement may be made orally and confirmed by written notice as soon as practicable.\nNothing in this section prevents an authorised person making a further requirement under subsection (1) (g) of the same person or another person in relation to the same vehicle if it is necessary and reasonable to make the further requirement.\nAn authorised person may not enter a part of a vehicle used only as a living area, or exercise a power under subsection (1) (a) to (e) in relation to that part, unless the authorised person is accompanied by the person in control of the vehicle.\nSubsection (7) does not apply if the person in control of the vehicle is unavailable or unwilling to accompany the authorised person or the authorised person is unable for another reason to comply with the subsection.\nThis section does not apply to an authorised person who enters a place to get the occupier’s consent unless the consent is given or the entry is otherwise authorised.\ns 124 amd 1997 No. 66 s 99 ; 2008 No. 67 s 23 ; 2008 No. 66 s 4 sch pt 2\n(sec.124-ssec.1) An authorised person who enters a place, or enters or boards a vehicle, under this chapter may— search any part of the place or vehicle; or inspect, photograph or film anything in or on the place or vehicle; or take samples of or from anything in or on the place or vehicle; or take extracts from, or make copies of, a document in or on the place or vehicle; or take into or onto the place or vehicle any persons, equipment and materials the authorised person reasonably requires for exercising a power under this Act; or require the occupier of the place, or a person in or on the place or vehicle, to give the authorised person reasonable help to exercise the powers mentioned in paragraphs (a) to (e) ; or if the authorised person enters or boards a vehicle—by written notice given to the person in control of the vehicle, require the person— to take the vehicle to a stated reasonable place by a stated reasonable time; and if necessary, to remain in control of the vehicle at the place for a reasonable time; to enable an authorised person to exercise the powers mentioned in paragraphs (a) to (e) .\n(sec.124-ssec.1A) It is unnecessary for an authorised person who may enter or board a vehicle under this chapter, to enter or board the vehicle to make a requirement under subsection (1) (g) of the person in control of the vehicle (the driver ) if the authorised person is physically able to make the requirement of the driver without entering or boarding the vehicle.\n(sec.124-ssec.2) A person who is required to give reasonable help under subsection (1) (f) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—75 penalty units.\n(sec.124-ssec.3) If the requirement is to be complied with by the person by— giving information; or producing a document (other than a document required to be kept by the person under this Act); it is a reasonable excuse for the person to fail to comply with the requirement if complying with the requirement might tend to incriminate the person.\n(sec.124-ssec.4) A person who is required by an authorised person under subsection (1) (g) to take action in relation to a vehicle must comply with the requirement, unless the person has a reasonable excuse for not complying with it. Maximum penalty—75 penalty units.\n(sec.124-ssec.5) If, for any reason, it is not practicable to make a requirement under subsection (1) (g) by written notice, the requirement may be made orally and confirmed by written notice as soon as practicable.\n(sec.124-ssec.6) Nothing in this section prevents an authorised person making a further requirement under subsection (1) (g) of the same person or another person in relation to the same vehicle if it is necessary and reasonable to make the further requirement.\n(sec.124-ssec.7) An authorised person may not enter a part of a vehicle used only as a living area, or exercise a power under subsection (1) (a) to (e) in relation to that part, unless the authorised person is accompanied by the person in control of the vehicle.\n(sec.124-ssec.8) Subsection (7) does not apply if the person in control of the vehicle is unavailable or unwilling to accompany the authorised person or the authorised person is unable for another reason to comply with the subsection.\n(sec.124-ssec.9) This section does not apply to an authorised person who enters a place to get the occupier’s consent unless the consent is given or the entry is otherwise authorised.\n- (a) search any part of the place or vehicle; or\n- (b) inspect, photograph or film anything in or on the place or vehicle; or\n- (c) take samples of or from anything in or on the place or vehicle; or\n- (d) take extracts from, or make copies of, a document in or on the place or vehicle; or\n- (e) take into or onto the place or vehicle any persons, equipment and materials the authorised person reasonably requires for exercising a power under this Act; or\n- (f) require the occupier of the place, or a person in or on the place or vehicle, to give the authorised person reasonable help to exercise the powers mentioned in paragraphs (a) to (e) ; or\n- (g) if the authorised person enters or boards a vehicle—by written notice given to the person in control of the vehicle, require the person— (i) to take the vehicle to a stated reasonable place by a stated reasonable time; and (ii) if necessary, to remain in control of the vehicle at the place for a reasonable time; to enable an authorised person to exercise the powers mentioned in paragraphs (a) to (e) .\n- (i) to take the vehicle to a stated reasonable place by a stated reasonable time; and\n- (ii) if necessary, to remain in control of the vehicle at the place for a reasonable time;\n- (i) to take the vehicle to a stated reasonable place by a stated reasonable time; and\n- (ii) if necessary, to remain in control of the vehicle at the place for a reasonable time;\n- (a) giving information; or\n- (b) producing a document (other than a document required to be kept by the person under this Act);","sortOrder":330},{"sectionNumber":"sec.124A","sectionType":"section","heading":null,"content":"### Section sec.124A\n\ns 124A ins 1997 No. 66 s 100\nom 2017 No. 18 s 21","sortOrder":331},{"sectionNumber":"sec.125","sectionType":"section","heading":"Power to seize evidence","content":"### sec.125 Power to seize evidence\n\nAn authorised person who enters a place under this part with a warrant may seize the evidence for which the warrant was issued.\nAn authorised person who enters a place under this part with the occupier’s consent may seize the particular thing for which the entry was made if the authorised person believes on reasonable grounds the thing is evidence of an offence against this Act.\nAn authorised person who enters a place under this part with a warrant or with the occupier’s consent may also seize another thing if the authorised person believes on reasonable grounds—\nthe thing is evidence of an offence against this Act; and\nthe seizure is necessary to prevent the thing being—\nconcealed, lost or destroyed; or\nused to commit, continue or repeat the offence.\nAn authorised person who enters a place under this part other than with a warrant or with the occupier’s consent, or who enters or boards a vehicle, may seize a thing if the authorised person believes on reasonable grounds—\nthe thing is evidence of an offence against this Act; and\nthe seizure is necessary to prevent the thing being—\nconcealed, lost or destroyed; or\nused to commit, continue or repeat the offence.\ns 125 amd 1997 No. 66 s 101\n(sec.125-ssec.1) An authorised person who enters a place under this part with a warrant may seize the evidence for which the warrant was issued.\n(sec.125-ssec.2) An authorised person who enters a place under this part with the occupier’s consent may seize the particular thing for which the entry was made if the authorised person believes on reasonable grounds the thing is evidence of an offence against this Act.\n(sec.125-ssec.3) An authorised person who enters a place under this part with a warrant or with the occupier’s consent may also seize another thing if the authorised person believes on reasonable grounds— the thing is evidence of an offence against this Act; and the seizure is necessary to prevent the thing being— concealed, lost or destroyed; or used to commit, continue or repeat the offence.\n(sec.125-ssec.4) An authorised person who enters a place under this part other than with a warrant or with the occupier’s consent, or who enters or boards a vehicle, may seize a thing if the authorised person believes on reasonable grounds— the thing is evidence of an offence against this Act; and the seizure is necessary to prevent the thing being— concealed, lost or destroyed; or used to commit, continue or repeat the offence.\n- (a) the thing is evidence of an offence against this Act; and\n- (b) the seizure is necessary to prevent the thing being— (i) concealed, lost or destroyed; or (ii) used to commit, continue or repeat the offence.\n- (i) concealed, lost or destroyed; or\n- (ii) used to commit, continue or repeat the offence.\n- (i) concealed, lost or destroyed; or\n- (ii) used to commit, continue or repeat the offence.\n- (a) the thing is evidence of an offence against this Act; and\n- (b) the seizure is necessary to prevent the thing being— (i) concealed, lost or destroyed; or (ii) used to commit, continue or repeat the offence.\n- (i) concealed, lost or destroyed; or\n- (ii) used to commit, continue or repeat the offence.\n- (i) concealed, lost or destroyed; or\n- (ii) used to commit, continue or repeat the offence.","sortOrder":332},{"sectionNumber":"sec.126","sectionType":"section","heading":"Procedure after thing seized","content":"### sec.126 Procedure after thing seized\n\nAs soon as practicable after a thing is seized by an authorised person under this part, the authorised person must give a receipt for it to the person from whom it was seized.\nThe receipt must describe generally each thing seized and its condition.\nIf, for any reason, it is not practicable to comply with subsection (1) , the authorised person must—\nleave the receipt at the place of seizure; and\nensure the receipt is left in a reasonably secure way and in a conspicuous position.\ns 126 amd 2004 No. 9 s 27\n(sec.126-ssec.1) As soon as practicable after a thing is seized by an authorised person under this part, the authorised person must give a receipt for it to the person from whom it was seized.\n(sec.126-ssec.2) The receipt must describe generally each thing seized and its condition.\n(sec.126-ssec.3) If, for any reason, it is not practicable to comply with subsection (1) , the authorised person must— leave the receipt at the place of seizure; and ensure the receipt is left in a reasonably secure way and in a conspicuous position.\n- (a) leave the receipt at the place of seizure; and\n- (b) ensure the receipt is left in a reasonably secure way and in a conspicuous position.","sortOrder":333},{"sectionNumber":"sec.126A","sectionType":"section","heading":"Securing seized things","content":"### sec.126A Securing seized things\n\nHaving seized a thing, an authorised person may—\nmove the thing from the place where it was seized (the place of seizure ); or\nleave the thing at the place of seizure but take reasonable action to restrict access to it.\nsealing a thing and marking it to show access to it is restricted\nsealing the entrance to a room where the seized thing is situated and marking the entrance to show access to the room is restricted\ns 126A ins 2001 No. 79 s 82\n- (a) move the thing from the place where it was seized (the place of seizure ); or\n- (b) leave the thing at the place of seizure but take reasonable action to restrict access to it. Examples of restricting access to a thing— 1 sealing a thing and marking it to show access to it is restricted 2 sealing the entrance to a room where the seized thing is situated and marking the entrance to show access to the room is restricted\n- 1 sealing a thing and marking it to show access to it is restricted\n- 2 sealing the entrance to a room where the seized thing is situated and marking the entrance to show access to the room is restricted\n- 1 sealing a thing and marking it to show access to it is restricted\n- 2 sealing the entrance to a room where the seized thing is situated and marking the entrance to show access to the room is restricted","sortOrder":334},{"sectionNumber":"sec.126B","sectionType":"section","heading":"Tampering with seized things","content":"### sec.126B Tampering with seized things\n\nIf an authorised person restricts access to a seized thing, a person must not tamper with the thing, or something restricting access to the thing, unless the person has a reasonable excuse.\nMaximum penalty—60 penalty units.\nIn this section—\ntamper includes attempt to tamper.\ns 126B ins 2001 No. 79 s 82\namd 2008 No. 67 s 24\n(sec.126B-ssec.1) If an authorised person restricts access to a seized thing, a person must not tamper with the thing, or something restricting access to the thing, unless the person has a reasonable excuse. Maximum penalty—60 penalty units.\n(sec.126B-ssec.2) In this section— tamper includes attempt to tamper.","sortOrder":335},{"sectionNumber":"sec.126C","sectionType":"section","heading":"Powers supporting seizure","content":"### sec.126C Powers supporting seizure\n\nTo enable a thing to be seized, an authorised person may require the person in control of it—\nto take it to a stated reasonable place by a stated reasonable time; and\nif necessary, to remain in control of it at the stated place for a reasonable time.\nThe requirement must be made by notice in the approved form.\nHowever, if for any reason it is not practicable to give the notice, the requirement may be made orally and confirmed by notice in the approved form as soon as practicable.\nA further requirement may be made under this section about seizing the thing if it is necessary and reasonable to make the further requirement.\nA requirement that the thing—\nbe transported during stated off-peak hours\nbe transported along a particular route\nbe transported in a particular way\nhave appropriate placards or markings attached to it while it is being transported\nA person of whom a requirement is made under subsection (1) or (3) must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty for subsection (5) —60 penalty units.\ns 126C ins 2001 No. 79 s 82\n(sec.126C-ssec.1) To enable a thing to be seized, an authorised person may require the person in control of it— to take it to a stated reasonable place by a stated reasonable time; and if necessary, to remain in control of it at the stated place for a reasonable time.\n(sec.126C-ssec.2) The requirement must be made by notice in the approved form.\n(sec.126C-ssec.3) However, if for any reason it is not practicable to give the notice, the requirement may be made orally and confirmed by notice in the approved form as soon as practicable.\n(sec.126C-ssec.4) A further requirement may be made under this section about seizing the thing if it is necessary and reasonable to make the further requirement. A requirement that the thing— be transported during stated off-peak hours be transported along a particular route be transported in a particular way have appropriate placards or markings attached to it while it is being transported\n(sec.126C-ssec.5) A person of whom a requirement is made under subsection (1) or (3) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty for subsection (5) —60 penalty units.\n- (a) to take it to a stated reasonable place by a stated reasonable time; and\n- (b) if necessary, to remain in control of it at the stated place for a reasonable time.\n- • be transported during stated off-peak hours\n- • be transported along a particular route\n- • be transported in a particular way\n- • have appropriate placards or markings attached to it while it is being transported","sortOrder":336},{"sectionNumber":"sec.126D","sectionType":"section","heading":"Forfeiture of seized things","content":"### sec.126D Forfeiture of seized things\n\nA seized thing is forfeited to the State if the authorised person who seized the thing—\ncan not find its owner, after making reasonable inquiries; or\ncan not return it to its owner, after making reasonable efforts; or\nreasonably believes it is necessary to keep the thing to prevent it being used to commit an offence against this Act or the Transport Infrastructure Act 1994 , chapter 14 .\nIn applying subsection (1) —\nsubsection (1) (a) does not require the authorised person to make inquiries if it would be unreasonable to make inquiries to find the owner; and\nsubsection (1) (b) does not require the authorised person to make efforts if it would be unreasonable to make efforts to return the thing to its owner.\nIf the authorised person decides it is necessary to keep something under subsection (1) (c) , the authorised person must immediately give the owner a statement of the reasons for the decision and an information notice.\nSubsection (3) does not apply if the authorised person can not find the owner, after making reasonable inquiries.\nRegard must be had to the thing’s nature, condition and value in deciding—\nwhether it would be unreasonable to make inquiries or efforts under this section; and\nif making inquiries or efforts, what inquiries or efforts, including the period over which they are made, are reasonable.\ns 126D ins 2001 No. 79 s 82\namd 1994 No. 8 s 491 (3) sch 5 (amd 2003 No. 54 ss 34 , 39 ); 2004 No. 9 s 28\n(sec.126D-ssec.1) A seized thing is forfeited to the State if the authorised person who seized the thing— can not find its owner, after making reasonable inquiries; or can not return it to its owner, after making reasonable efforts; or reasonably believes it is necessary to keep the thing to prevent it being used to commit an offence against this Act or the Transport Infrastructure Act 1994 , chapter 14 .\n(sec.126D-ssec.2) In applying subsection (1) — subsection (1) (a) does not require the authorised person to make inquiries if it would be unreasonable to make inquiries to find the owner; and subsection (1) (b) does not require the authorised person to make efforts if it would be unreasonable to make efforts to return the thing to its owner.\n(sec.126D-ssec.3) If the authorised person decides it is necessary to keep something under subsection (1) (c) , the authorised person must immediately give the owner a statement of the reasons for the decision and an information notice.\n(sec.126D-ssec.4) Subsection (3) does not apply if the authorised person can not find the owner, after making reasonable inquiries.\n(sec.126D-ssec.5) Regard must be had to the thing’s nature, condition and value in deciding— whether it would be unreasonable to make inquiries or efforts under this section; and if making inquiries or efforts, what inquiries or efforts, including the period over which they are made, are reasonable.\n- (a) can not find its owner, after making reasonable inquiries; or\n- (b) can not return it to its owner, after making reasonable efforts; or\n- (c) reasonably believes it is necessary to keep the thing to prevent it being used to commit an offence against this Act or the Transport Infrastructure Act 1994 , chapter 14 .\n- (a) subsection (1) (a) does not require the authorised person to make inquiries if it would be unreasonable to make inquiries to find the owner; and\n- (b) subsection (1) (b) does not require the authorised person to make efforts if it would be unreasonable to make efforts to return the thing to its owner.\n- (a) whether it would be unreasonable to make inquiries or efforts under this section; and\n- (b) if making inquiries or efforts, what inquiries or efforts, including the period over which they are made, are reasonable.","sortOrder":337},{"sectionNumber":"sec.126DA","sectionType":"section","heading":"Forfeiture on conviction","content":"### sec.126DA Forfeiture on conviction\n\nThis section applies to a person who has been convicted of an offence against—\nthis Act; or\nthe Transport Infrastructure Act 1994 , chapter 14 ; or\na regulation in relation to a railway made under the Transport Infrastructure Act 1994 .\nOn the conviction of the person, the court may order the forfeiture to the State of any thing that—\nis used to commit the offence; or\nis the subject of the offence.\nThe court may make the order—\nwhether or not the thing has been seized; and\nif the thing has been seized, whether or not the thing has been returned to its owner.\nThe court may make any order to enforce the forfeiture it considers appropriate.\nThis section does not limit the court’s powers under the Penalties and Sentences Act 1992 or any other law.\ns 126DA ins 2014 No. 43 s 64\n(sec.126DA-ssec.1) This section applies to a person who has been convicted of an offence against— this Act; or the Transport Infrastructure Act 1994 , chapter 14 ; or a regulation in relation to a railway made under the Transport Infrastructure Act 1994 .\n(sec.126DA-ssec.2) On the conviction of the person, the court may order the forfeiture to the State of any thing that— is used to commit the offence; or is the subject of the offence.\n(sec.126DA-ssec.3) The court may make the order— whether or not the thing has been seized; and if the thing has been seized, whether or not the thing has been returned to its owner.\n(sec.126DA-ssec.4) The court may make any order to enforce the forfeiture it considers appropriate.\n(sec.126DA-ssec.5) This section does not limit the court’s powers under the Penalties and Sentences Act 1992 or any other law.\n- (a) this Act; or\n- (b) the Transport Infrastructure Act 1994 , chapter 14 ; or\n- (c) a regulation in relation to a railway made under the Transport Infrastructure Act 1994 .\n- (a) is used to commit the offence; or\n- (b) is the subject of the offence.\n- (a) whether or not the thing has been seized; and\n- (b) if the thing has been seized, whether or not the thing has been returned to its owner.","sortOrder":338},{"sectionNumber":"sec.126E","sectionType":"section","heading":"Dealing with forfeited things etc.","content":"### sec.126E Dealing with forfeited things etc.\n\nOn the forfeiture of a thing to the State, the thing becomes the State’s property and may be dealt with by the chief executive as the chief executive considers appropriate.\nWithout limiting subsection (1) , the chief executive may destroy or dispose of the thing.\nThe chief executive must not deal with the thing until any review of, or appeal against, the decision to forfeit the thing is decided.\ns 126E ins 2001 No. 79 s 82\n(sec.126E-ssec.1) On the forfeiture of a thing to the State, the thing becomes the State’s property and may be dealt with by the chief executive as the chief executive considers appropriate.\n(sec.126E-ssec.2) Without limiting subsection (1) , the chief executive may destroy or dispose of the thing.\n(sec.126E-ssec.3) The chief executive must not deal with the thing until any review of, or appeal against, the decision to forfeit the thing is decided.","sortOrder":339},{"sectionNumber":"sec.126F","sectionType":"section","heading":"Return of seized things","content":"### sec.126F Return of seized things\n\nIf a seized thing has not been forfeited, the authorised person must return it to its owner—\nat the end of 6 months after the thing is seized; or\nif a proceeding for an offence involving the thing is started within 6 months after the thing is seized, at the end of the proceeding and any appeal from the proceeding.\nDespite subsection (1) , unless the thing has been forfeited, the authorised person must immediately return a thing seized as evidence to its owner if the authorised person stops being satisfied its continued retention as evidence is necessary.\ns 126F ins 2001 No. 79 s 82\n(sec.126F-ssec.1) If a seized thing has not been forfeited, the authorised person must return it to its owner— at the end of 6 months after the thing is seized; or if a proceeding for an offence involving the thing is started within 6 months after the thing is seized, at the end of the proceeding and any appeal from the proceeding.\n(sec.126F-ssec.2) Despite subsection (1) , unless the thing has been forfeited, the authorised person must immediately return a thing seized as evidence to its owner if the authorised person stops being satisfied its continued retention as evidence is necessary.\n- (a) at the end of 6 months after the thing is seized; or\n- (b) if a proceeding for an offence involving the thing is started within 6 months after the thing is seized, at the end of the proceeding and any appeal from the proceeding.","sortOrder":340},{"sectionNumber":"sec.126G","sectionType":"section","heading":"Access to seized things","content":"### sec.126G Access to seized things\n\nUntil a seized thing is forfeited or returned, an authorised person must allow its owner to inspect it and, if it is a document, to copy it.\nSubsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.\ns 126G ins 2001 No. 79 s 82\n(sec.126G-ssec.1) Until a seized thing is forfeited or returned, an authorised person must allow its owner to inspect it and, if it is a document, to copy it.\n(sec.126G-ssec.2) Subsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.","sortOrder":341},{"sectionNumber":"ch.11-pt.3A","sectionType":"part","heading":"Powers of authorised persons for dangerous goods on rail vehicles","content":"# Powers of authorised persons for dangerous goods on rail vehicles","sortOrder":342},{"sectionNumber":"sec.126GA","sectionType":"section","heading":"Purpose of pt 3A","content":"### sec.126GA Purpose of pt 3A\n\nThe purpose of this part is to provide for further powers of authorised persons in relation to matters relating to the transport of dangerous goods.\nThis part does not limit other powers of an authorised person under this Act or the Transport Infrastructure Act 1994 , chapter 14 .\ns 126GA ins 2008 No. 67 s 25\n(sec.126GA-ssec.1) The purpose of this part is to provide for further powers of authorised persons in relation to matters relating to the transport of dangerous goods.\n(sec.126GA-ssec.2) This part does not limit other powers of an authorised person under this Act or the Transport Infrastructure Act 1994 , chapter 14 .","sortOrder":343},{"sectionNumber":"sec.126H","sectionType":"section","heading":"Power to hold or stop and hold rail vehicle","content":"### sec.126H Power to hold or stop and hold rail vehicle\n\nThis section applies if an authorised person reasonably believes that—\ndangerous goods are on a rail vehicle and a provision of the Transport Infrastructure Act 1994 , chapter 14 is being contravened in relation to their transportation; and\nthe interests of safety require the authorised person to stop or hold the vehicle.\nThe authorised person may require the railway operator for the vehicle to hold, or stop and hold, the vehicle at a stated safe place.\nBefore making the requirement, the authorised person must tell the railway operator the grounds for the belief.\nFor subsection (2) , a place is a safe place if—\nthe train controller tells the authorised person that it is safe, so far as other rail traffic is concerned, to stop or hold the vehicle at the place; and\nthe presence of the vehicle at the place is unlikely to endanger human life or property.\nThe railway operator must comply with a requirement under subsection (2) , unless the railway operator has a reasonable excuse.\nMaximum penalty—150 penalty units.\nThe train controller must give any advice asked for by the authorised person about whether it is safe, so far as other rail traffic is concerned, to stop or hold the vehicle at a place.\nMaximum penalty—40 penalty units.\nThis section does not limit any other power under this part or part 3B .\nIn this section—\ntrain controller , in relation to a rail vehicle, means an individual who is in control of train control signalling and communication for the section of track on which the rail vehicle is travelling or standing.\ns 126H ins 2001 No. 79 s 82\namd 1994 No. 8 s 491 (3) sch 5 (amd 2003 No. 54 ss 34 , 39 ); 2007 No. 36 s 2 sch ; 2008 No. 67 s 26 ; 2008 No. 66 s 4 sch pt 2\n(sec.126H-ssec.1) This section applies if an authorised person reasonably believes that— dangerous goods are on a rail vehicle and a provision of the Transport Infrastructure Act 1994 , chapter 14 is being contravened in relation to their transportation; and the interests of safety require the authorised person to stop or hold the vehicle.\n(sec.126H-ssec.2) The authorised person may require the railway operator for the vehicle to hold, or stop and hold, the vehicle at a stated safe place.\n(sec.126H-ssec.3) Before making the requirement, the authorised person must tell the railway operator the grounds for the belief.\n(sec.126H-ssec.4) For subsection (2) , a place is a safe place if— the train controller tells the authorised person that it is safe, so far as other rail traffic is concerned, to stop or hold the vehicle at the place; and the presence of the vehicle at the place is unlikely to endanger human life or property.\n(sec.126H-ssec.5) The railway operator must comply with a requirement under subsection (2) , unless the railway operator has a reasonable excuse. Maximum penalty—150 penalty units.\n(sec.126H-ssec.6) The train controller must give any advice asked for by the authorised person about whether it is safe, so far as other rail traffic is concerned, to stop or hold the vehicle at a place. Maximum penalty—40 penalty units.\n(sec.126H-ssec.7) This section does not limit any other power under this part or part 3B .\n(sec.126H-ssec.8) In this section— train controller , in relation to a rail vehicle, means an individual who is in control of train control signalling and communication for the section of track on which the rail vehicle is travelling or standing.\n- (a) dangerous goods are on a rail vehicle and a provision of the Transport Infrastructure Act 1994 , chapter 14 is being contravened in relation to their transportation; and\n- (b) the interests of safety require the authorised person to stop or hold the vehicle.\n- (a) the train controller tells the authorised person that it is safe, so far as other rail traffic is concerned, to stop or hold the vehicle at the place; and\n- (b) the presence of the vehicle at the place is unlikely to endanger human life or property.","sortOrder":344},{"sectionNumber":"sec.126HA","sectionType":"section","heading":"Further powers if vehicle entered is rail vehicle","content":"### sec.126HA Further powers if vehicle entered is rail vehicle\n\nThis section applies if an authorised person has—\nentered a place under section 120 for purposes relating to the transport of dangerous goods by rail; or\nentered or boarded a vehicle under section 123 , the vehicle is a rail vehicle and the entry or boarding was for purposes relating to the transport of dangerous goods by rail.\nWithout limiting section 124 , the authorised person may do any of the following—\nweigh, test or measure a thing relating to a rail vehicle, any part of a rail vehicle or equipment or load of a rail vehicle;\ncheck the existence or details of a placard or other information required under a dangerous goods regulation to be displayed in a rail vehicle or any load on it;\naccess or download information that is required to be kept under a dangerous goods regulation and that is—\nstored electronically in equipment located at the place or in a rail vehicle; or\naccessible electronically from equipment located at the place or in a rail vehicle.\nIf an authorised person exercises a power mentioned in subsection (2) , the authorised person is taken to be exercising a power under section 124 (1) (a) to (e) and the other provisions of section 124 apply to the exercise of that power.\nUnder section 124 (1) (f) , an authorised person may require a person to help exercise powers as mentioned in subsection (2) and if the person does not comply with the request the person may be prosecuted under section 124 (2) .\nUnder section 124 (7) , an authorised person may not enter a part of a rail vehicle used only as a living area.\ns 126HA ins 2008 No. 67 s 27\n(sec.126HA-ssec.1) This section applies if an authorised person has— entered a place under section 120 for purposes relating to the transport of dangerous goods by rail; or entered or boarded a vehicle under section 123 , the vehicle is a rail vehicle and the entry or boarding was for purposes relating to the transport of dangerous goods by rail.\n(sec.126HA-ssec.2) Without limiting section 124 , the authorised person may do any of the following— weigh, test or measure a thing relating to a rail vehicle, any part of a rail vehicle or equipment or load of a rail vehicle; check the existence or details of a placard or other information required under a dangerous goods regulation to be displayed in a rail vehicle or any load on it; access or download information that is required to be kept under a dangerous goods regulation and that is— stored electronically in equipment located at the place or in a rail vehicle; or accessible electronically from equipment located at the place or in a rail vehicle.\n(sec.126HA-ssec.3) If an authorised person exercises a power mentioned in subsection (2) , the authorised person is taken to be exercising a power under section 124 (1) (a) to (e) and the other provisions of section 124 apply to the exercise of that power. Under section 124 (1) (f) , an authorised person may require a person to help exercise powers as mentioned in subsection (2) and if the person does not comply with the request the person may be prosecuted under section 124 (2) . Under section 124 (7) , an authorised person may not enter a part of a rail vehicle used only as a living area.\n- (a) entered a place under section 120 for purposes relating to the transport of dangerous goods by rail; or\n- (b) entered or boarded a vehicle under section 123 , the vehicle is a rail vehicle and the entry or boarding was for purposes relating to the transport of dangerous goods by rail.\n- (a) weigh, test or measure a thing relating to a rail vehicle, any part of a rail vehicle or equipment or load of a rail vehicle;\n- (b) check the existence or details of a placard or other information required under a dangerous goods regulation to be displayed in a rail vehicle or any load on it;\n- (c) access or download information that is required to be kept under a dangerous goods regulation and that is— (i) stored electronically in equipment located at the place or in a rail vehicle; or (ii) accessible electronically from equipment located at the place or in a rail vehicle.\n- (i) stored electronically in equipment located at the place or in a rail vehicle; or\n- (ii) accessible electronically from equipment located at the place or in a rail vehicle.\n- (i) stored electronically in equipment located at the place or in a rail vehicle; or\n- (ii) accessible electronically from equipment located at the place or in a rail vehicle.\n- 1 Under section 124 (1) (f) , an authorised person may require a person to help exercise powers as mentioned in subsection (2) and if the person does not comply with the request the person may be prosecuted under section 124 (2) .\n- 2 Under section 124 (7) , an authorised person may not enter a part of a rail vehicle used only as a living area.","sortOrder":345},{"sectionNumber":"sec.126I","sectionType":"section","heading":"Power to require rail vehicle inspection","content":"### sec.126I Power to require rail vehicle inspection\n\nIf an authorised person reasonably believes a rail vehicle that has been, or is being used, to transport dangerous goods may not comply with the Transport Infrastructure Act 1994 , chapter 14 , the authorised person may require its owner to have it inspected at a stated reasonable time and place.\nThe requirement must be made by notice in the approved form.\nThe owner must comply with the requirement, unless the owner has a reasonable excuse.\nMaximum penalty for subsection (3) —60 penalty units.\ns 126I ins 2001 No. 79 s 82\namd 1994 No. 8 s 491 (3) sch 5 (amd 2003 No. 54 ss 34 , 39 )\n(sec.126I-ssec.1) If an authorised person reasonably believes a rail vehicle that has been, or is being used, to transport dangerous goods may not comply with the Transport Infrastructure Act 1994 , chapter 14 , the authorised person may require its owner to have it inspected at a stated reasonable time and place.\n(sec.126I-ssec.2) The requirement must be made by notice in the approved form.\n(sec.126I-ssec.3) The owner must comply with the requirement, unless the owner has a reasonable excuse. Maximum penalty for subsection (3) —60 penalty units.","sortOrder":346},{"sectionNumber":"sec.126J","sectionType":"section","heading":"Power to prohibit use of rail vehicle","content":"### sec.126J Power to prohibit use of rail vehicle\n\nThis section applies if an authorised person reasonably believes a rail vehicle that has been used, or is being used, to transport dangerous goods does not comply with the Transport Infrastructure Act 1994 , chapter 14 .\nThe authorised person may, by notice in the approved form, require the owner of the vehicle not to use the vehicle, or permit it to be used, until—\nit, its equipment and any load on it are inspected at a stated reasonable place and are found to comply with the chapter; or\nstated reasonable action is taken in relation to the rail vehicle to ensure it complies with the chapter.\nadjusting or moving a vehicle’s load\nrearranging the order of rail vehicles\ncarrying out stated repairs to a vehicle and then having the vehicle inspected at a stated reasonable place and found to comply with the chapter\nThe owner must comply with the notice, unless the owner has a reasonable excuse.\nMaximum penalty for subsection (3) —120 penalty units.\ns 126J ins 2001 No. 79 s 82\namd 1994 No. 8 s 491 (3) sch 5 (amd 2003 No. 54 ss 34 , 39 )\n(sec.126J-ssec.1) This section applies if an authorised person reasonably believes a rail vehicle that has been used, or is being used, to transport dangerous goods does not comply with the Transport Infrastructure Act 1994 , chapter 14 .\n(sec.126J-ssec.2) The authorised person may, by notice in the approved form, require the owner of the vehicle not to use the vehicle, or permit it to be used, until— it, its equipment and any load on it are inspected at a stated reasonable place and are found to comply with the chapter; or stated reasonable action is taken in relation to the rail vehicle to ensure it complies with the chapter. adjusting or moving a vehicle’s load rearranging the order of rail vehicles carrying out stated repairs to a vehicle and then having the vehicle inspected at a stated reasonable place and found to comply with the chapter\n(sec.126J-ssec.3) The owner must comply with the notice, unless the owner has a reasonable excuse. Maximum penalty for subsection (3) —120 penalty units.\n- (a) it, its equipment and any load on it are inspected at a stated reasonable place and are found to comply with the chapter; or\n- (b) stated reasonable action is taken in relation to the rail vehicle to ensure it complies with the chapter. Examples of action that may be reasonable under paragraph (b) — 1 adjusting or moving a vehicle’s load 2 rearranging the order of rail vehicles 3 carrying out stated repairs to a vehicle and then having the vehicle inspected at a stated reasonable place and found to comply with the chapter\n- 1 adjusting or moving a vehicle’s load\n- 2 rearranging the order of rail vehicles\n- 3 carrying out stated repairs to a vehicle and then having the vehicle inspected at a stated reasonable place and found to comply with the chapter\n- 1 adjusting or moving a vehicle’s load\n- 2 rearranging the order of rail vehicles\n- 3 carrying out stated repairs to a vehicle and then having the vehicle inspected at a stated reasonable place and found to comply with the chapter","sortOrder":347},{"sectionNumber":"sec.126JA","sectionType":"section","heading":"Further power for securing things seized relating to transport of dangerous goods","content":"### sec.126JA Further power for securing things seized relating to transport of dangerous goods\n\nIf an authorised person has seized a thing that has been used in relation to the transport of dangerous goods by rail, without limiting section 126 , the authorised person may make the thing inoperable.\ndismantling equipment or removing a component of equipment without which the equipment is not capable of being used\nA person must not tamper with the equipment that has been made inoperable without an authorised person’s written approval.\nMaximum penalty—150 penalty units.\nIn this section—\ntamper includes attempt to tamper.\ns 126JA ins 2008 No. 67 s 28\namd 2008 No. 66 s 4 sch pt 2\n(sec.126JA-ssec.1) If an authorised person has seized a thing that has been used in relation to the transport of dangerous goods by rail, without limiting section 126 , the authorised person may make the thing inoperable. dismantling equipment or removing a component of equipment without which the equipment is not capable of being used\n(sec.126JA-ssec.2) A person must not tamper with the equipment that has been made inoperable without an authorised person’s written approval. Maximum penalty—150 penalty units.\n(sec.126JA-ssec.3) In this section— tamper includes attempt to tamper.","sortOrder":348},{"sectionNumber":"sec.126K","sectionType":"section","heading":"Power to give remedial action notices","content":"### sec.126K Power to give remedial action notices\n\nThis section applies if an authorised person reasonably believes a person—\nhas contravened a provision of the Transport Infrastructure Act 1994 , chapter 14 in circumstances that indicate that it is likely the contravention will be repeated; or\nis contravening a provision of the chapter.\nThe authorised person may give the person a written notice (a remedial action notice ) requiring the person to remedy the cause of the contravention.\nThe notice must state the following—\nthe provision the authorised person believes the person has contravened or is contravening;\nthe reasons for the belief;\nthat the person must remedy the cause of the contravention within a stated reasonable time;\nif the notice is attached to a rail vehicle—a warning that it is an offence for a person to remove the notice from the vehicle until the notice is complied with, but that the person to whom the notice is given may remove the notice to immediately read it and reattach it to the vehicle.\nThe notice may also state the steps the authorised person reasonably believes are necessary to remedy the cause of the contravention.\nIf the notice relates to a rail vehicle, the notice may be given by securely attaching it to the vehicle in a conspicuous place.\nThe person must comply with the notice, unless the person has a reasonable excuse.\nMaximum penalty—the maximum penalty for the contravention of the provision about which the notice is given.\nThe person does not commit an offence against subsection (6) if the person is not proved to have contravened the provision mentioned in the notice as the provision the authorised person believes the person has contravened or is contravening.\nA person must not remove a remedial action notice from a rail vehicle before the notice is complied with.\nMaximum penalty—135 penalty units.\nHowever, the person to whom the notice is given does not contravene subsection (8) if the person removes the notice from the vehicle and immediately reads it and reattaches it to the vehicle.\ns 126K ins 2001 No. 79 s 82\namd 1994 No. 8 s 491 (3) sch 5 (amd 2003 No. 54 ss 34 , 39 ); 2008 No. 67 s 29\n(sec.126K-ssec.1) This section applies if an authorised person reasonably believes a person— has contravened a provision of the Transport Infrastructure Act 1994 , chapter 14 in circumstances that indicate that it is likely the contravention will be repeated; or is contravening a provision of the chapter.\n(sec.126K-ssec.2) The authorised person may give the person a written notice (a remedial action notice ) requiring the person to remedy the cause of the contravention.\n(sec.126K-ssec.3) The notice must state the following— the provision the authorised person believes the person has contravened or is contravening; the reasons for the belief; that the person must remedy the cause of the contravention within a stated reasonable time; if the notice is attached to a rail vehicle—a warning that it is an offence for a person to remove the notice from the vehicle until the notice is complied with, but that the person to whom the notice is given may remove the notice to immediately read it and reattach it to the vehicle.\n(sec.126K-ssec.4) The notice may also state the steps the authorised person reasonably believes are necessary to remedy the cause of the contravention.\n(sec.126K-ssec.5) If the notice relates to a rail vehicle, the notice may be given by securely attaching it to the vehicle in a conspicuous place.\n(sec.126K-ssec.6) The person must comply with the notice, unless the person has a reasonable excuse. Maximum penalty—the maximum penalty for the contravention of the provision about which the notice is given.\n(sec.126K-ssec.7) The person does not commit an offence against subsection (6) if the person is not proved to have contravened the provision mentioned in the notice as the provision the authorised person believes the person has contravened or is contravening.\n(sec.126K-ssec.8) A person must not remove a remedial action notice from a rail vehicle before the notice is complied with. Maximum penalty—135 penalty units.\n(sec.126K-ssec.9) However, the person to whom the notice is given does not contravene subsection (8) if the person removes the notice from the vehicle and immediately reads it and reattaches it to the vehicle.\n- (a) has contravened a provision of the Transport Infrastructure Act 1994 , chapter 14 in circumstances that indicate that it is likely the contravention will be repeated; or\n- (b) is contravening a provision of the chapter.\n- (a) the provision the authorised person believes the person has contravened or is contravening;\n- (b) the reasons for the belief;\n- (c) that the person must remedy the cause of the contravention within a stated reasonable time;\n- (d) if the notice is attached to a rail vehicle—a warning that it is an offence for a person to remove the notice from the vehicle until the notice is complied with, but that the person to whom the notice is given may remove the notice to immediately read it and reattach it to the vehicle.","sortOrder":349},{"sectionNumber":"sec.126KA","sectionType":"section","heading":"Use of equipment to examine or process things","content":"### sec.126KA Use of equipment to examine or process things\n\nAn authorised person exercising a power under this part or part 3B or 3C may bring onto a rail vehicle or onto premises equipment reasonably necessary for the examination or processing of things found in, on or at the rail vehicle or premises to decide whether they are things that may be seized.\nIf—\nit is not practicable to examine or process the things in, on or at the rail vehicle or premises; or\nthe railway operator for the rail vehicle or the occupier of the premises consents in writing;\nthe things may be moved to another place so that the examination or processing can be carried out to decide whether they are things that may be seized.\nThe authorised person, or a person helping the authorised person, may operate equipment already in, on or at the rail vehicle or premises to carry out the examination or processing of a thing found in, on or at the vehicle or premises to decide whether it is a thing that may be seized, if the authorised person, or a person helping the authorised person, reasonably believes that—\nthe equipment is suitable for the examination or the processing; and\nthe examination or processing can be carried out without damage to the equipment or the thing.\ns 126KA ins 2008 No. 67 s 30\n(sec.126KA-ssec.1) An authorised person exercising a power under this part or part 3B or 3C may bring onto a rail vehicle or onto premises equipment reasonably necessary for the examination or processing of things found in, on or at the rail vehicle or premises to decide whether they are things that may be seized.\n(sec.126KA-ssec.2) If— it is not practicable to examine or process the things in, on or at the rail vehicle or premises; or the railway operator for the rail vehicle or the occupier of the premises consents in writing; the things may be moved to another place so that the examination or processing can be carried out to decide whether they are things that may be seized.\n(sec.126KA-ssec.3) The authorised person, or a person helping the authorised person, may operate equipment already in, on or at the rail vehicle or premises to carry out the examination or processing of a thing found in, on or at the vehicle or premises to decide whether it is a thing that may be seized, if the authorised person, or a person helping the authorised person, reasonably believes that— the equipment is suitable for the examination or the processing; and the examination or processing can be carried out without damage to the equipment or the thing.\n- (a) it is not practicable to examine or process the things in, on or at the rail vehicle or premises; or\n- (b) the railway operator for the rail vehicle or the occupier of the premises consents in writing;\n- (a) the equipment is suitable for the examination or the processing; and\n- (b) the examination or processing can be carried out without damage to the equipment or the thing.","sortOrder":350},{"sectionNumber":"sec.126KB","sectionType":"section","heading":"Use or seizure of electronic equipment","content":"### sec.126KB Use or seizure of electronic equipment\n\nThe authorised person, or the person helping the authorised person, as mentioned in section 126KA (3) may operate the equipment mentioned in the subsection (the equipment ) to access the information if—\na thing found in, on or at the rail vehicle or premises is, or includes, a document or thing used for the storage of information; and\nthe equipment may be used with the document or other thing to access information; and\nthe authorised person concerned believes on reasonable grounds that the document or storage device is relevant to deciding whether an offence has been committed.\nIf the authorised person, or the person helping the authorised person, finds that a disk, tape or other storage device in, on or at the vehicle or premises is relevant to deciding whether an offence has been committed, he or she may—\nput the information in documentary form and seize the documents so produced; or\ncopy the information to another document or thing and remove that document or thing from the vehicle or premises; or\nif it is not practicable to put the information in documentary form or to copy the information—seize the document or other thing and the equipment that enables the information to be accessed.\nAn authorised person, or a person helping the authorised person, must not operate or seize equipment for this section unless the authorised person or person helping the authorised person reasonably believes the operation or seizure of the equipment can be carried out without damage to the equipment.\ns 126KB ins 2008 No. 67 s 30\n(sec.126KB-ssec.1) The authorised person, or the person helping the authorised person, as mentioned in section 126KA (3) may operate the equipment mentioned in the subsection (the equipment ) to access the information if— a thing found in, on or at the rail vehicle or premises is, or includes, a document or thing used for the storage of information; and the equipment may be used with the document or other thing to access information; and the authorised person concerned believes on reasonable grounds that the document or storage device is relevant to deciding whether an offence has been committed.\n(sec.126KB-ssec.2) If the authorised person, or the person helping the authorised person, finds that a disk, tape or other storage device in, on or at the vehicle or premises is relevant to deciding whether an offence has been committed, he or she may— put the information in documentary form and seize the documents so produced; or copy the information to another document or thing and remove that document or thing from the vehicle or premises; or if it is not practicable to put the information in documentary form or to copy the information—seize the document or other thing and the equipment that enables the information to be accessed.\n(sec.126KB-ssec.3) An authorised person, or a person helping the authorised person, must not operate or seize equipment for this section unless the authorised person or person helping the authorised person reasonably believes the operation or seizure of the equipment can be carried out without damage to the equipment.\n- (a) a thing found in, on or at the rail vehicle or premises is, or includes, a document or thing used for the storage of information; and\n- (b) the equipment may be used with the document or other thing to access information; and\n- (c) the authorised person concerned believes on reasonable grounds that the document or storage device is relevant to deciding whether an offence has been committed.\n- (a) put the information in documentary form and seize the documents so produced; or\n- (b) copy the information to another document or thing and remove that document or thing from the vehicle or premises; or\n- (c) if it is not practicable to put the information in documentary form or to copy the information—seize the document or other thing and the equipment that enables the information to be accessed.","sortOrder":351},{"sectionNumber":"sec.126KC","sectionType":"section","heading":"Restoring vehicle or premises to original condition after action taken","content":"### sec.126KC Restoring vehicle or premises to original condition after action taken\n\nThis section applies if—\nan authorised person, or a person authorised by the authorised person, has taken action in the exercise or purported exercise of a power under section 126H , 126HA , 126I , 126J , 126JA or 126KB in relation to a vehicle or its equipment or load or in relation to any premises; and\ndamage was caused by the unreasonable exercise of the power or by the use of force that was not authorised under the relevant section.\nThe authorised person must take reasonable steps to return the vehicle, equipment, load or premises to the condition it was in immediately before the action was taken.\ns 126KC ins 2008 No. 67 s 30\n(sec.126KC-ssec.1) This section applies if— an authorised person, or a person authorised by the authorised person, has taken action in the exercise or purported exercise of a power under section 126H , 126HA , 126I , 126J , 126JA or 126KB in relation to a vehicle or its equipment or load or in relation to any premises; and damage was caused by the unreasonable exercise of the power or by the use of force that was not authorised under the relevant section.\n(sec.126KC-ssec.2) The authorised person must take reasonable steps to return the vehicle, equipment, load or premises to the condition it was in immediately before the action was taken.\n- (a) an authorised person, or a person authorised by the authorised person, has taken action in the exercise or purported exercise of a power under section 126H , 126HA , 126I , 126J , 126JA or 126KB in relation to a vehicle or its equipment or load or in relation to any premises; and\n- (b) damage was caused by the unreasonable exercise of the power or by the use of force that was not authorised under the relevant section.","sortOrder":352},{"sectionNumber":"ch.11-pt.3B","sectionType":"part","heading":"Powers of authorised persons for dangerous situations involving rail vehicles","content":"# Powers of authorised persons for dangerous situations involving rail vehicles","sortOrder":353},{"sectionNumber":"sec.126L","sectionType":"section","heading":"Application of part","content":"### sec.126L Application of part\n\nThis part applies only if an authorised person reasonably believes a dangerous situation exists.\nA dangerous situation is a situation involving the transportation of dangerous goods by rail that is causing, or is likely to cause, imminent risk of—\ndeath of, or significant injury to, a person; or\nsignificant harm to the environment; or\nsignificant damage to property.\ns 126L ins 2001 No. 79 s 82\n(sec.126L-ssec.1) This part applies only if an authorised person reasonably believes a dangerous situation exists.\n(sec.126L-ssec.2) A dangerous situation is a situation involving the transportation of dangerous goods by rail that is causing, or is likely to cause, imminent risk of— death of, or significant injury to, a person; or significant harm to the environment; or significant damage to property.\n- (a) death of, or significant injury to, a person; or\n- (b) significant harm to the environment; or\n- (c) significant damage to property.","sortOrder":354},{"sectionNumber":"sec.126M","sectionType":"section","heading":"Additional power to require information or produce document","content":"### sec.126M Additional power to require information or produce document\n\nThis section applies if an authorised person reasonably believes a person may be able to give information or produce a document that will help deal with a dangerous situation.\nThe authorised person may require the person to give the information or produce the document.\nThe person must give the information or produce the document, unless the person has a reasonable excuse.\nMaximum penalty—\nif the contravention results in the death of, or grievous bodily harm to, a person—270 penalty units; or\notherwise—135 penalty units.\nThe fact that giving the information or providing the document might tend to incriminate the person is not a reasonable excuse for subsection (3) .\nHowever, evidence of, or directly or indirectly derived from, the information or the production of the document that might tend to incriminate the person is not admissible in evidence against the person in a proceeding, other than a proceeding for—\nan offence against section 130 or 131 ; or\nanother offence about the falsity of the information or document.\ns 126M ins 2001 No. 79 s 82\n(sec.126M-ssec.1) This section applies if an authorised person reasonably believes a person may be able to give information or produce a document that will help deal with a dangerous situation.\n(sec.126M-ssec.2) The authorised person may require the person to give the information or produce the document.\n(sec.126M-ssec.3) The person must give the information or produce the document, unless the person has a reasonable excuse. Maximum penalty— if the contravention results in the death of, or grievous bodily harm to, a person—270 penalty units; or otherwise—135 penalty units.\n(sec.126M-ssec.4) The fact that giving the information or providing the document might tend to incriminate the person is not a reasonable excuse for subsection (3) .\n(sec.126M-ssec.5) However, evidence of, or directly or indirectly derived from, the information or the production of the document that might tend to incriminate the person is not admissible in evidence against the person in a proceeding, other than a proceeding for— an offence against section 130 or 131 ; or another offence about the falsity of the information or document.\n- (a) if the contravention results in the death of, or grievous bodily harm to, a person—270 penalty units; or\n- (b) otherwise—135 penalty units.\n- (a) an offence against section 130 or 131 ; or\n- (b) another offence about the falsity of the information or document.","sortOrder":355},{"sectionNumber":"sec.126N","sectionType":"section","heading":"Power to give notice about dangerous situation","content":"### sec.126N Power to give notice about dangerous situation\n\nThis section applies if an authorised person reasonably believes a person is in a position to take steps to prevent a dangerous situation.\nThe authorised person may give the person a written notice (a dangerous situation notice ) requiring the person to take the steps reasonably necessary to prevent the dangerous situation.\nWithout limiting subsection (2) , the authorised person may require the prime contractor or consignor of dangerous goods to provide equipment and other resources necessary—\nto control the dangerous situation; or\nto contain, control, recover or dispose of the goods that have leaked, spilled or escaped; or\nto recover a vehicle involved in the situation or its equipment.\ns 126N ins 2001 No. 79 s 82\nsub 2008 No. 67 s 31\namd 2010 No. 13 s 114 sch pt 1\n(sec.126N-ssec.1) This section applies if an authorised person reasonably believes a person is in a position to take steps to prevent a dangerous situation.\n(sec.126N-ssec.2) The authorised person may give the person a written notice (a dangerous situation notice ) requiring the person to take the steps reasonably necessary to prevent the dangerous situation.\n(sec.126N-ssec.3) Without limiting subsection (2) , the authorised person may require the prime contractor or consignor of dangerous goods to provide equipment and other resources necessary— to control the dangerous situation; or to contain, control, recover or dispose of the goods that have leaked, spilled or escaped; or to recover a vehicle involved in the situation or its equipment.\n- (a) to control the dangerous situation; or\n- (b) to contain, control, recover or dispose of the goods that have leaked, spilled or escaped; or\n- (c) to recover a vehicle involved in the situation or its equipment.","sortOrder":356},{"sectionNumber":"sec.126NA","sectionType":"section","heading":"Dangerous situation notice","content":"### sec.126NA Dangerous situation notice\n\nA dangerous situation notice has effect—\nwhen it is given to the person; or\nif the notice states a later date—on that date.\nA dangerous situation notice given to a person must state the following—\nthe notice is given under section 126N ;\nthe authorised person believes a dangerous situation exists;\nthe grounds for the belief;\nif the authorised person believes the dangerous situation involves a contravention of an Act—the relevant provision of the Act ;\nthat the person may—\nunder section 102 —ask for the decision to be reviewed by the chief executive; and\nunder the Transport Planning and Coordination Act 1994 , part 5 , division 2 —apply to QCAT for the decision to be stayed; and\nunder section 103 —ask for the chief executive’s decision on the review (the reviewed decision ) to be reviewed by QCAT; and\nunder the QCAT Act —apply to QCAT for the reviewed decision to be stayed;\nthat it is an offence to fail to comply with a dangerous situation notice;\nthe maximum penalty for the offence of failing to comply with a dangerous situation notice.\nThe dangerous situation notice may include a requirement about the steps to be taken to prevent the dangerous situation.\nA requirement may—\noffer a choice of ways to prevent the dangerous situation; and\nprohibit the carrying out of an activity by stating—\na place where the activity may not be carried out; or\na thing that may not be used in connection with the activity; or\na procedure that may not be followed in connection with the activity.\ns 126NA ins 2008 No. 67 s 31\namd 2009 No. 24 s 1771 ; 2010 No. 13 s 114 sch pt 1\n(sec.126NA-ssec.1) A dangerous situation notice has effect— when it is given to the person; or if the notice states a later date—on that date.\n(sec.126NA-ssec.2) A dangerous situation notice given to a person must state the following— the notice is given under section 126N ; the authorised person believes a dangerous situation exists; the grounds for the belief; if the authorised person believes the dangerous situation involves a contravention of an Act—the relevant provision of the Act ; that the person may— under section 102 —ask for the decision to be reviewed by the chief executive; and under the Transport Planning and Coordination Act 1994 , part 5 , division 2 —apply to QCAT for the decision to be stayed; and under section 103 —ask for the chief executive’s decision on the review (the reviewed decision ) to be reviewed by QCAT; and under the QCAT Act —apply to QCAT for the reviewed decision to be stayed; that it is an offence to fail to comply with a dangerous situation notice; the maximum penalty for the offence of failing to comply with a dangerous situation notice.\n(sec.126NA-ssec.3) The dangerous situation notice may include a requirement about the steps to be taken to prevent the dangerous situation.\n(sec.126NA-ssec.4) A requirement may— offer a choice of ways to prevent the dangerous situation; and prohibit the carrying out of an activity by stating— a place where the activity may not be carried out; or a thing that may not be used in connection with the activity; or a procedure that may not be followed in connection with the activity.\n- (a) when it is given to the person; or\n- (b) if the notice states a later date—on that date.\n- (a) the notice is given under section 126N ;\n- (b) the authorised person believes a dangerous situation exists;\n- (c) the grounds for the belief;\n- (d) if the authorised person believes the dangerous situation involves a contravention of an Act—the relevant provision of the Act ;\n- (e) that the person may— (i) under section 102 —ask for the decision to be reviewed by the chief executive; and (ii) under the Transport Planning and Coordination Act 1994 , part 5 , division 2 —apply to QCAT for the decision to be stayed; and (iii) under section 103 —ask for the chief executive’s decision on the review (the reviewed decision ) to be reviewed by QCAT; and (iv) under the QCAT Act —apply to QCAT for the reviewed decision to be stayed;\n- (i) under section 102 —ask for the decision to be reviewed by the chief executive; and\n- (ii) under the Transport Planning and Coordination Act 1994 , part 5 , division 2 —apply to QCAT for the decision to be stayed; and\n- (iii) under section 103 —ask for the chief executive’s decision on the review (the reviewed decision ) to be reviewed by QCAT; and\n- (iv) under the QCAT Act —apply to QCAT for the reviewed decision to be stayed;\n- (f) that it is an offence to fail to comply with a dangerous situation notice;\n- (g) the maximum penalty for the offence of failing to comply with a dangerous situation notice.\n- (i) under section 102 —ask for the decision to be reviewed by the chief executive; and\n- (ii) under the Transport Planning and Coordination Act 1994 , part 5 , division 2 —apply to QCAT for the decision to be stayed; and\n- (iii) under section 103 —ask for the chief executive’s decision on the review (the reviewed decision ) to be reviewed by QCAT; and\n- (iv) under the QCAT Act —apply to QCAT for the reviewed decision to be stayed;\n- (a) offer a choice of ways to prevent the dangerous situation; and\n- (b) prohibit the carrying out of an activity by stating— (i) a place where the activity may not be carried out; or (ii) a thing that may not be used in connection with the activity; or (iii) a procedure that may not be followed in connection with the activity.\n- (i) a place where the activity may not be carried out; or\n- (ii) a thing that may not be used in connection with the activity; or\n- (iii) a procedure that may not be followed in connection with the activity.\n- (i) a place where the activity may not be carried out; or\n- (ii) a thing that may not be used in connection with the activity; or\n- (iii) a procedure that may not be followed in connection with the activity.","sortOrder":357},{"sectionNumber":"sec.126NB","sectionType":"section","heading":"Contravention of dangerous situation notice","content":"### sec.126NB Contravention of dangerous situation notice\n\nA person given a dangerous situation notice must comply with the requirements set out in the notice unless the person has a reasonable excuse for not doing so.\nMaximum penalty—\nif the contravention results in death or grievous bodily harm to a person—200 penalty units; or\notherwise—100 penalty units.\ns 126NB ins 2008 No. 67 s 31\namd 2008 No. 66 s 4 sch pt 2\n- (a) if the contravention results in death or grievous bodily harm to a person—200 penalty units; or\n- (b) otherwise—100 penalty units.","sortOrder":358},{"sectionNumber":"sec.126NC","sectionType":"section","heading":"Oral direction may be given before dangerous situation notice is served","content":"### sec.126NC Oral direction may be given before dangerous situation notice is served\n\nThis section applies if an authorised person reasonably believes—\na person is in a position to take steps to prevent a dangerous situation; and\nit is not reasonable or immediately possible to give a dangerous situation notice.\nThe authorised person may give an oral direction to the person instead of a written notice.\nThe oral direction must include—\nthe matters mentioned in section 126NA (2) (b) , (c) and (d) ; and\na statement that is an offence to fail to comply with an oral direction.\nThe person must comply with the oral direction.\nMaximum penalty—\nif the contravention results in death or grievous bodily harm to a person—200 penalty units; or\notherwise—100 penalty units.\nThe oral direction must be confirmed in writing by any authorised person giving a dangerous situation notice under section 126N as soon as practicable.\nThe oral direction stops having effect if the dangerous situation notice is not given to the person within 5 days after the oral direction is given.\nIn this section—\noral direction includes a direction by sign or signal.\ns 126NC ins 2008 No. 67 s 31\namd 2008 No. 66 s 4 sch pt 2\n(sec.126NC-ssec.1) This section applies if an authorised person reasonably believes— a person is in a position to take steps to prevent a dangerous situation; and it is not reasonable or immediately possible to give a dangerous situation notice.\n(sec.126NC-ssec.2) The authorised person may give an oral direction to the person instead of a written notice.\n(sec.126NC-ssec.3) The oral direction must include— the matters mentioned in section 126NA (2) (b) , (c) and (d) ; and a statement that is an offence to fail to comply with an oral direction.\n(sec.126NC-ssec.4) The person must comply with the oral direction. Maximum penalty— if the contravention results in death or grievous bodily harm to a person—200 penalty units; or otherwise—100 penalty units.\n(sec.126NC-ssec.5) The oral direction must be confirmed in writing by any authorised person giving a dangerous situation notice under section 126N as soon as practicable.\n(sec.126NC-ssec.6) The oral direction stops having effect if the dangerous situation notice is not given to the person within 5 days after the oral direction is given.\n(sec.126NC-ssec.7) In this section— oral direction includes a direction by sign or signal.\n- (a) a person is in a position to take steps to prevent a dangerous situation; and\n- (b) it is not reasonable or immediately possible to give a dangerous situation notice.\n- (a) the matters mentioned in section 126NA (2) (b) , (c) and (d) ; and\n- (b) a statement that is an offence to fail to comply with an oral direction.\n- (a) if the contravention results in death or grievous bodily harm to a person—200 penalty units; or\n- (b) otherwise—100 penalty units.","sortOrder":359},{"sectionNumber":"sec.126ND","sectionType":"section","heading":"Withdrawal of dangerous situation notice","content":"### sec.126ND Withdrawal of dangerous situation notice\n\nA dangerous situation notice may be withdrawn by an authorised person serving notice of withdrawal on the person given the dangerous situation notice.\ns 126ND ins 2008 No. 67 s 31","sortOrder":360},{"sectionNumber":"sec.126NE","sectionType":"section","heading":"Proceedings for an offence not affected by dangerous situation notice","content":"### sec.126NE Proceedings for an offence not affected by dangerous situation notice\n\nThe giving of, amendment or withdrawal of a dangerous situation notice does not affect proceedings for an offence against this part or the Transport Infrastructure Act 1994 , chapter 14 .\ns 126NE ins 2008 No. 67 s 31","sortOrder":361},{"sectionNumber":"sec.126O","sectionType":"section","heading":"Power to take direct action to deal with dangerous situation","content":"### sec.126O Power to take direct action to deal with dangerous situation\n\nThis section applies if an authorised person reasonably believes—\na person given a remedial action notice or dangerous situation notice has not complied with the notice; or\nhaving regard to the nature of the dangerous situation, action under a remedial action notice or dangerous situation notice is inappropriate to deal with the dangerous situation.\nThe authorised person may take the action the authorised person reasonably believes is necessary to deal with the dangerous situation.\nThe action the authorised person may take includes asking someone the authorised person reasonably believes has appropriate knowledge and experience to help the authorised person deal with the dangerous situation.\nIf the person agrees to help, the person is taken to have the powers of an authorised person to the extent reasonably necessary for the person to help deal with the dangerous situation.\nA rail vehicle can not be stopped or held under this section.\ns 126O ins 2001 No. 79 s 82\n(sec.126O-ssec.1) This section applies if an authorised person reasonably believes— a person given a remedial action notice or dangerous situation notice has not complied with the notice; or having regard to the nature of the dangerous situation, action under a remedial action notice or dangerous situation notice is inappropriate to deal with the dangerous situation.\n(sec.126O-ssec.2) The authorised person may take the action the authorised person reasonably believes is necessary to deal with the dangerous situation.\n(sec.126O-ssec.3) The action the authorised person may take includes asking someone the authorised person reasonably believes has appropriate knowledge and experience to help the authorised person deal with the dangerous situation.\n(sec.126O-ssec.4) If the person agrees to help, the person is taken to have the powers of an authorised person to the extent reasonably necessary for the person to help deal with the dangerous situation.\n(sec.126O-ssec.5) A rail vehicle can not be stopped or held under this section.\n- (a) a person given a remedial action notice or dangerous situation notice has not complied with the notice; or\n- (b) having regard to the nature of the dangerous situation, action under a remedial action notice or dangerous situation notice is inappropriate to deal with the dangerous situation.","sortOrder":362},{"sectionNumber":"ch.11-pt.3C","sectionType":"part","heading":"Goods too dangerous to be transported","content":"# Goods too dangerous to be transported","sortOrder":363},{"sectionNumber":"sec.126OA","sectionType":"section","heading":"Application of Act to goods too dangerous to be transported","content":"### sec.126OA Application of Act to goods too dangerous to be transported\n\nUnless otherwise provided, provisions of this Act relating to dangerous goods also apply in relation to goods too dangerous to be transported.\nFor subsection (1) —\na reference in a provision of this Act to dangerous goods includes a reference to goods too dangerous to be transported; and\na reference in a provision of this Act to a dangerous goods offence includes a reference to an offence against this chapter or the Transport Infrastructure Act 1994 , chapter 14 involving or relating to goods too dangerous to be transported by rail; and\na reference in a provision of this Act to a dangerous goods regulation includes a reference to a regulation made under the Transport Infrastructure Act 1994 , chapter 14 , applying in relation to goods too dangerous to be transported by rail.\nAlso, subsection (1) and (2) do not apply to subordinate legislation made under this Act unless a particular instrument of subordinate legislation expressly provides.\nA requirement of this Act imposed because of this part does not apply to the transport by rail of goods too dangerous to be transported to the extent the goods are transported by, or under the direction of, an authorised person or relevant emergency service officer to prevent a dangerous situation.\ns 126OA ins 2008 No. 67 s 32\namd 2010 No. 13 s 114 sch pt 1\n(sec.126OA-ssec.1) Unless otherwise provided, provisions of this Act relating to dangerous goods also apply in relation to goods too dangerous to be transported.\n(sec.126OA-ssec.2) For subsection (1) — a reference in a provision of this Act to dangerous goods includes a reference to goods too dangerous to be transported; and a reference in a provision of this Act to a dangerous goods offence includes a reference to an offence against this chapter or the Transport Infrastructure Act 1994 , chapter 14 involving or relating to goods too dangerous to be transported by rail; and a reference in a provision of this Act to a dangerous goods regulation includes a reference to a regulation made under the Transport Infrastructure Act 1994 , chapter 14 , applying in relation to goods too dangerous to be transported by rail.\n(sec.126OA-ssec.3) Also, subsection (1) and (2) do not apply to subordinate legislation made under this Act unless a particular instrument of subordinate legislation expressly provides.\n(sec.126OA-ssec.4) A requirement of this Act imposed because of this part does not apply to the transport by rail of goods too dangerous to be transported to the extent the goods are transported by, or under the direction of, an authorised person or relevant emergency service officer to prevent a dangerous situation.\n- (a) a reference in a provision of this Act to dangerous goods includes a reference to goods too dangerous to be transported; and\n- (b) a reference in a provision of this Act to a dangerous goods offence includes a reference to an offence against this chapter or the Transport Infrastructure Act 1994 , chapter 14 involving or relating to goods too dangerous to be transported by rail; and\n- (c) a reference in a provision of this Act to a dangerous goods regulation includes a reference to a regulation made under the Transport Infrastructure Act 1994 , chapter 14 , applying in relation to goods too dangerous to be transported by rail.","sortOrder":364},{"sectionNumber":"ch.11-pt.4","sectionType":"part","heading":"Other enforcement powers of authorised persons","content":"# Other enforcement powers of authorised persons","sortOrder":365},{"sectionNumber":"sec.126P","sectionType":"section","heading":"Definition for pt 4","content":"### sec.126P Definition for pt 4\n\nIn this part—\nrelevant offence means an offence against relevant transport legislation.\ns 126P ins 2004 No. 9 s 29","sortOrder":366},{"sectionNumber":"sec.127","sectionType":"section","heading":"Power to require name, address and age","content":"### sec.127 Power to require name, address and age\n\nAn authorised person may require a person to state the person’s name and address if the authorised person—\nfinds the person committing a relevant offence; or\nfinds the person in circumstances that lead, or has information that leads, the authorised person to reasonably suspect that the person has just committed a relevant offence.\nThe authorised person may also require the person to state the person’s age if the authorised person reasonably suspects that the person’s age is required for the enforcement of relevant transport legislation.\nWhen making the requirement, the authorised person must warn the person that it is an offence to fail to state the person’s name and address and, if relevant, age unless the person has a reasonable excuse.\nThe authorised person may require the person to give evidence of the correctness of the person’s stated name, address or age if the authorised person reasonably suspects that the stated name, address or age is false.\nA person must comply with the authorised person’s requirement under subsection (1) , (2) or (4) , unless the person has a reasonable excuse.\nMaximum penalty—40 penalty units.\nA person does not commit an offence against this section if—\nthe person was required to state the person’s name, address or age by an authorised person who suspected the person had committed a relevant offence; and\nthe person is not proved to have committed the offence.\ns 127 amd 2000 No. 5 s 461 sch 3 ; 2001 No. 79 s 83 ; 1994 No. 8 s 491 (3) sch 5 (amd 2003 No. 54 ss 34 , 39 )\nsub 2004 No. 9 s 30\n(sec.127-ssec.1) An authorised person may require a person to state the person’s name and address if the authorised person— finds the person committing a relevant offence; or finds the person in circumstances that lead, or has information that leads, the authorised person to reasonably suspect that the person has just committed a relevant offence.\n(sec.127-ssec.2) The authorised person may also require the person to state the person’s age if the authorised person reasonably suspects that the person’s age is required for the enforcement of relevant transport legislation.\n(sec.127-ssec.3) When making the requirement, the authorised person must warn the person that it is an offence to fail to state the person’s name and address and, if relevant, age unless the person has a reasonable excuse.\n(sec.127-ssec.4) The authorised person may require the person to give evidence of the correctness of the person’s stated name, address or age if the authorised person reasonably suspects that the stated name, address or age is false.\n(sec.127-ssec.5) A person must comply with the authorised person’s requirement under subsection (1) , (2) or (4) , unless the person has a reasonable excuse. Maximum penalty—40 penalty units.\n(sec.127-ssec.6) A person does not commit an offence against this section if— the person was required to state the person’s name, address or age by an authorised person who suspected the person had committed a relevant offence; and the person is not proved to have committed the offence.\n- (a) finds the person committing a relevant offence; or\n- (b) finds the person in circumstances that lead, or has information that leads, the authorised person to reasonably suspect that the person has just committed a relevant offence.\n- (a) the person was required to state the person’s name, address or age by an authorised person who suspected the person had committed a relevant offence; and\n- (b) the person is not proved to have committed the offence.","sortOrder":367},{"sectionNumber":"sec.128","sectionType":"section","heading":"Power to require information from certain persons","content":"### sec.128 Power to require information from certain persons\n\nThis section applies if an authorised person reasonably suspects—\na relevant offence has been committed; and\nthe offence relates to—\nthe construction, operation, maintenance or repair of a vehicle or a railway; or\nthe provision of a public passenger service; and\na person may be able to give information about the offence.\nThe authorised person may require the person to give information about the offence.\nAlso, the authorised person may, by written notice, require the person to attend the office of the authorised person at a stated reasonable time to give the information.\nWhen making a requirement under subsection (2) or (2A) , the authorised person must warn the person it is an offence to fail to give the information or attend at the time and place stated in the notice unless the person has a reasonable excuse.\nThe person must comply with a requirement under subsection (2) or (2A) , unless the person has a reasonable excuse for not complying with it.\nMaximum penalty—40 penalty units.\nIt is a reasonable excuse for the person to fail to give information if giving it might tend to incriminate the person.\nThe person does not commit an offence against this section if the information sought by the authorised person is not in fact relevant to the offence.\nIn this section—\ninformation includes a document.\na copy of a recording made by a vehicle’s security camera\ns 128 amd 1997 No. 66 s 102 ; 2004 No. 9 s 31 ; 2016 No. 13 s 3A ; 2019 No. 24 s 113 ; 2024 No. 2 s 30\n(sec.128-ssec.1) This section applies if an authorised person reasonably suspects— a relevant offence has been committed; and the offence relates to— the construction, operation, maintenance or repair of a vehicle or a railway; or the provision of a public passenger service; and a person may be able to give information about the offence.\n(sec.128-ssec.2) The authorised person may require the person to give information about the offence.\n(sec.128-ssec.2A) Also, the authorised person may, by written notice, require the person to attend the office of the authorised person at a stated reasonable time to give the information.\n(sec.128-ssec.3) When making a requirement under subsection (2) or (2A) , the authorised person must warn the person it is an offence to fail to give the information or attend at the time and place stated in the notice unless the person has a reasonable excuse.\n(sec.128-ssec.4) The person must comply with a requirement under subsection (2) or (2A) , unless the person has a reasonable excuse for not complying with it. Maximum penalty—40 penalty units.\n(sec.128-ssec.5) It is a reasonable excuse for the person to fail to give information if giving it might tend to incriminate the person.\n(sec.128-ssec.6) The person does not commit an offence against this section if the information sought by the authorised person is not in fact relevant to the offence.\n(sec.128-ssec.7) In this section— information includes a document. a copy of a recording made by a vehicle’s security camera\n- (a) a relevant offence has been committed; and\n- (b) the offence relates to— (i) the construction, operation, maintenance or repair of a vehicle or a railway; or (ii) the provision of a public passenger service; and\n- (i) the construction, operation, maintenance or repair of a vehicle or a railway; or\n- (ii) the provision of a public passenger service; and\n- (c) a person may be able to give information about the offence.\n- (i) the construction, operation, maintenance or repair of a vehicle or a railway; or\n- (ii) the provision of a public passenger service; and","sortOrder":368},{"sectionNumber":"sec.128A","sectionType":"section","heading":"Copying and returning documents","content":"### sec.128A Copying and returning documents\n\nThis section applies in relation to a document given by a person to an authorised person in response to a requirement made under section 128 (2) or (2A) .\nThe authorised person may keep the document to copy it.\nIf the authorised person copies it, the authorised person may ask the person to certify the copy as a true copy of the document.\nThe authorised person must return the document to the person as soon as practicable after copying it.\ns 128A ins 2024 No. 2 s 31\n(sec.128A-ssec.1) This section applies in relation to a document given by a person to an authorised person in response to a requirement made under section 128 (2) or (2A) .\n(sec.128A-ssec.2) The authorised person may keep the document to copy it.\n(sec.128A-ssec.3) If the authorised person copies it, the authorised person may ask the person to certify the copy as a true copy of the document.\n(sec.128A-ssec.4) The authorised person must return the document to the person as soon as practicable after copying it.","sortOrder":369},{"sectionNumber":"sec.129","sectionType":"section","heading":"Power to require production of certain documents","content":"### sec.129 Power to require production of certain documents\n\nAn authorised person may require a person who holds, or claims to hold, an accreditation, authorisation, licence or contract under this Act to produce either or both of the following—\nthe accreditation, authorisation, licence or contract;\nphotographic identification issued in official form in or outside Australia.\nAn authorised person may require a person to produce for inspection a document issued, or required to be kept, under the Transport Infrastructure Act 1994 , chapter 14 or a law of another State or the Commonwealth about transporting dangerous goods by rail.\nThe person must comply with the requirement under subsection (1) or (2) , unless the person has a reasonable excuse.\nMaximum penalty—60 penalty units.\nThe authorised person may keep the document to copy it.\nIf the authorised person copies it, the authorised person may ask the person responsible for keeping the document to certify the copy as a true copy of the document.\nThe authorised person must return the document to the person as soon as practicable after copying it.\ns 129 amd 2000 No. 6 s 67 ; 2001 No. 79 s 84 ; 1994 No. 8 s 491 (3) sch 5 (amd 2003 No. 54 ss 34 , 39 )\n(sec.129-ssec.1) An authorised person may require a person who holds, or claims to hold, an accreditation, authorisation, licence or contract under this Act to produce either or both of the following— the accreditation, authorisation, licence or contract; photographic identification issued in official form in or outside Australia.\n(sec.129-ssec.2) An authorised person may require a person to produce for inspection a document issued, or required to be kept, under the Transport Infrastructure Act 1994 , chapter 14 or a law of another State or the Commonwealth about transporting dangerous goods by rail.\n(sec.129-ssec.3) The person must comply with the requirement under subsection (1) or (2) , unless the person has a reasonable excuse. Maximum penalty—60 penalty units.\n(sec.129-ssec.4) The authorised person may keep the document to copy it.\n(sec.129-ssec.5) If the authorised person copies it, the authorised person may ask the person responsible for keeping the document to certify the copy as a true copy of the document.\n(sec.129-ssec.6) The authorised person must return the document to the person as soon as practicable after copying it.\n- (a) the accreditation, authorisation, licence or contract;\n- (b) photographic identification issued in official form in or outside Australia.","sortOrder":370},{"sectionNumber":"sec.129AA","sectionType":"section","heading":"Power to require production of driver licence","content":"### sec.129AA Power to require production of driver licence\n\nThis section applies if an authorised person reasonably suspects a person in control of a motor vehicle, or a person who reasonably appears to be the person in control of a motor vehicle, has just committed, or is committing, an offence against this Act.\nThe authorised person may require the person to produce his or her driver licence.\nIf the person is unable to comply with the requirement immediately but holds an open licence, the person may comply with the requirement by producing the licence to the chief executive at a place nominated by the authorised person within 2 business days after the requirement is made.\nThe person must comply with a requirement under subsection (2) or (3) , unless the person has a reasonable excuse.\nMaximum penalty—60 penalty units.\nThe place nominated under subsection (3) must be an office of the department that is reasonable in the circumstances.\nIn this section—\ndriver licence see the Transport Operations (Road Use Management) Act 1995 .\nopen licence see the Transport Operations (Road Use Management) Act 1995 .\ns 129AA ins 2016 No. 13 s 3B\n(sec.129AA-ssec.1) This section applies if an authorised person reasonably suspects a person in control of a motor vehicle, or a person who reasonably appears to be the person in control of a motor vehicle, has just committed, or is committing, an offence against this Act.\n(sec.129AA-ssec.2) The authorised person may require the person to produce his or her driver licence.\n(sec.129AA-ssec.3) If the person is unable to comply with the requirement immediately but holds an open licence, the person may comply with the requirement by producing the licence to the chief executive at a place nominated by the authorised person within 2 business days after the requirement is made.\n(sec.129AA-ssec.4) The person must comply with a requirement under subsection (2) or (3) , unless the person has a reasonable excuse. Maximum penalty—60 penalty units.\n(sec.129AA-ssec.5) The place nominated under subsection (3) must be an office of the department that is reasonable in the circumstances.\n(sec.129AA-ssec.6) In this section— driver licence see the Transport Operations (Road Use Management) Act 1995 . open licence see the Transport Operations (Road Use Management) Act 1995 .","sortOrder":371},{"sectionNumber":"ch.11-pt.4A","sectionType":"part","heading":"Functions and powers of transit officer for protecting safety of persons or property","content":"# Functions and powers of transit officer for protecting safety of persons or property","sortOrder":372},{"sectionNumber":"ch.11-pt.4A-div.1","sectionType":"division","heading":"Powers to detain a person","content":"## Powers to detain a person","sortOrder":373},{"sectionNumber":"sec.129A","sectionType":"section","heading":"Power to detain person who has committed a detainable offence","content":"### sec.129A Power to detain person who has committed a detainable offence\n\nThis section applies if a transit officer reasonably believes a person on or in public transport infrastructure has committed a detainable offence on or in the public transport infrastructure.\nThe transit officer may detain the person, using force that is reasonably necessary for the purpose, until the person can be delivered to a police officer.\ns 129A ins 2008 No. 67 s 223\n(sec.129A-ssec.1) This section applies if a transit officer reasonably believes a person on or in public transport infrastructure has committed a detainable offence on or in the public transport infrastructure.\n(sec.129A-ssec.2) The transit officer may detain the person, using force that is reasonably necessary for the purpose, until the person can be delivered to a police officer.","sortOrder":374},{"sectionNumber":"sec.129B","sectionType":"section","heading":"Power to detain person to prevent continuation of detainable offence","content":"### sec.129B Power to detain person to prevent continuation of detainable offence\n\nThis section applies if a transit officer—\nfinds a person on or in public transport infrastructure committing a detainable offence; and\nreasonably believes that it is necessary to detain the person because of circumstances mentioned in subsection (2) .\nFor subsection (1) (b) , the circumstances are—\nthe person has been given a direction to leave the public transport infrastructure under this Act, and has failed to comply with the direction; or\nthe person’s conduct will, or is likely to, result in—\nbodily or other harm to the person or another person on or in the public transport infrastructure; or\ndamage to property on or in the public transport infrastructure; or\nit is likely that, if the person were given a direction to leave the public transport infrastructure under this Act, the person will repeat the offence or commit a similar offence on or in other public transport infrastructure immediately or soon after complying with the direction; or\nhaving regard to the nature of the person’s conduct, the person is unlikely to comply with a direction to leave the public transport infrastructure under this Act.\nA person on or in public transport infrastructure is acting in a way that suggests the person is uncontrollable.\nTwo or more persons on or in public transport infrastructure are engaged in an intense struggle and are unlikely to hear or register a direction to leave.\nThe transit officer may detain the person, using force that is reasonably necessary for the purpose, until the person can be delivered to a police officer.\ns 129B ins 2008 No. 67 s 223\n(sec.129B-ssec.1) This section applies if a transit officer— finds a person on or in public transport infrastructure committing a detainable offence; and reasonably believes that it is necessary to detain the person because of circumstances mentioned in subsection (2) .\n(sec.129B-ssec.2) For subsection (1) (b) , the circumstances are— the person has been given a direction to leave the public transport infrastructure under this Act, and has failed to comply with the direction; or the person’s conduct will, or is likely to, result in— bodily or other harm to the person or another person on or in the public transport infrastructure; or damage to property on or in the public transport infrastructure; or it is likely that, if the person were given a direction to leave the public transport infrastructure under this Act, the person will repeat the offence or commit a similar offence on or in other public transport infrastructure immediately or soon after complying with the direction; or having regard to the nature of the person’s conduct, the person is unlikely to comply with a direction to leave the public transport infrastructure under this Act. A person on or in public transport infrastructure is acting in a way that suggests the person is uncontrollable. Two or more persons on or in public transport infrastructure are engaged in an intense struggle and are unlikely to hear or register a direction to leave.\n(sec.129B-ssec.3) The transit officer may detain the person, using force that is reasonably necessary for the purpose, until the person can be delivered to a police officer.\n- (a) finds a person on or in public transport infrastructure committing a detainable offence; and\n- (b) reasonably believes that it is necessary to detain the person because of circumstances mentioned in subsection (2) .\n- (a) the person has been given a direction to leave the public transport infrastructure under this Act, and has failed to comply with the direction; or\n- (b) the person’s conduct will, or is likely to, result in— (i) bodily or other harm to the person or another person on or in the public transport infrastructure; or (ii) damage to property on or in the public transport infrastructure; or\n- (i) bodily or other harm to the person or another person on or in the public transport infrastructure; or\n- (ii) damage to property on or in the public transport infrastructure; or\n- (c) it is likely that, if the person were given a direction to leave the public transport infrastructure under this Act, the person will repeat the offence or commit a similar offence on or in other public transport infrastructure immediately or soon after complying with the direction; or\n- (d) having regard to the nature of the person’s conduct, the person is unlikely to comply with a direction to leave the public transport infrastructure under this Act. Examples of when paragraph (d) may apply— 1 A person on or in public transport infrastructure is acting in a way that suggests the person is uncontrollable. 2 Two or more persons on or in public transport infrastructure are engaged in an intense struggle and are unlikely to hear or register a direction to leave.\n- 1 A person on or in public transport infrastructure is acting in a way that suggests the person is uncontrollable.\n- 2 Two or more persons on or in public transport infrastructure are engaged in an intense struggle and are unlikely to hear or register a direction to leave.\n- (i) bodily or other harm to the person or another person on or in the public transport infrastructure; or\n- (ii) damage to property on or in the public transport infrastructure; or\n- 1 A person on or in public transport infrastructure is acting in a way that suggests the person is uncontrollable.\n- 2 Two or more persons on or in public transport infrastructure are engaged in an intense struggle and are unlikely to hear or register a direction to leave.","sortOrder":375},{"sectionNumber":"sec.129C","sectionType":"section","heading":"Power to detain person to prevent contravention of exclusion order","content":"### sec.129C Power to detain person to prevent contravention of exclusion order\n\nThis section applies if—\na person is given a direction under section 143AHB in relation to public transport infrastructure for the purpose of stopping or preventing the person from contravening an exclusion order; and\na transit officer finds the person on or in, or about to enter, the public transport infrastructure.\nThe transit officer may detain the person, using force that is reasonably necessary for the purpose, until the person can be delivered to a police officer.\ns 129C ins 2008 No. 67 s 223\n(sec.129C-ssec.1) This section applies if— a person is given a direction under section 143AHB in relation to public transport infrastructure for the purpose of stopping or preventing the person from contravening an exclusion order; and a transit officer finds the person on or in, or about to enter, the public transport infrastructure.\n(sec.129C-ssec.2) The transit officer may detain the person, using force that is reasonably necessary for the purpose, until the person can be delivered to a police officer.\n- (a) a person is given a direction under section 143AHB in relation to public transport infrastructure for the purpose of stopping or preventing the person from contravening an exclusion order; and\n- (b) a transit officer finds the person on or in, or about to enter, the public transport infrastructure.","sortOrder":376},{"sectionNumber":"ch.11-pt.4A-div.2","sectionType":"division","heading":"Provisions about detaining persons generally","content":"## Provisions about detaining persons generally","sortOrder":377},{"sectionNumber":"sec.129D","sectionType":"section","heading":"Handcuffs may be used for detaining person","content":"### sec.129D Handcuffs may be used for detaining person\n\nA transit officer may use handcuffs to detain a person under division 1 only if the transit officer reasonably believes the use of handcuffs is the only practicable way to properly effect the detention.\nUnder section 129V , the transit officer must follow the guidelines forming part of transit officer training that provide for how to decide whether using handcuffs is the only practicable way to detain a person and, if so, appropriate ways of using handcuffs.\nThe Weapons Act 1990 , section 67 does not apply to a transit officer who acquires or possesses handcuffs for exercising a power under this part.\nSee also the Weapons Regulation 1996 , section 80 .\ns 129D ins 2008 No. 67 s 223\n(sec.129D-ssec.1) A transit officer may use handcuffs to detain a person under division 1 only if the transit officer reasonably believes the use of handcuffs is the only practicable way to properly effect the detention. Under section 129V , the transit officer must follow the guidelines forming part of transit officer training that provide for how to decide whether using handcuffs is the only practicable way to detain a person and, if so, appropriate ways of using handcuffs.\n(sec.129D-ssec.2) The Weapons Act 1990 , section 67 does not apply to a transit officer who acquires or possesses handcuffs for exercising a power under this part. See also the Weapons Regulation 1996 , section 80 .","sortOrder":378},{"sectionNumber":"sec.129E","sectionType":"section","heading":"Period of detention","content":"### sec.129E Period of detention\n\nA transit officer who detains a person under this part must immediately contact a police officer ( contacted police officer ) in relation to the detention of the person.\nIf the contacted police officer tells the transit officer to release the person from the detention, the transit officer must release the person immediately.\nIf subsection (2) does not apply, the transit officer may detain the person at the place where the detention started, or at another place set aside by the chief executive for the purpose, until a police officer arrives to deal with the person.\nA person detained at a train station may continue to be detained at the train station until a police officer arrives to deal with the person.\nA person detained on a train may be moved from the train to a train station and detained at the train station until a police officer arrives to deal with the person.\nIn detaining a child under this part, the transit officer must ensure the child is detained for the shortest period that is justified in the circumstances.\ns 129E ins 2008 No. 67 s 223\namd 2012 No. 31 s 19\n(sec.129E-ssec.1) A transit officer who detains a person under this part must immediately contact a police officer ( contacted police officer ) in relation to the detention of the person.\n(sec.129E-ssec.2) If the contacted police officer tells the transit officer to release the person from the detention, the transit officer must release the person immediately.\n(sec.129E-ssec.3) If subsection (2) does not apply, the transit officer may detain the person at the place where the detention started, or at another place set aside by the chief executive for the purpose, until a police officer arrives to deal with the person. A person detained at a train station may continue to be detained at the train station until a police officer arrives to deal with the person. A person detained on a train may be moved from the train to a train station and detained at the train station until a police officer arrives to deal with the person.\n(sec.129E-ssec.4) In detaining a child under this part, the transit officer must ensure the child is detained for the shortest period that is justified in the circumstances.\n- 1 A person detained at a train station may continue to be detained at the train station until a police officer arrives to deal with the person.\n- 2 A person detained on a train may be moved from the train to a train station and detained at the train station until a police officer arrives to deal with the person.","sortOrder":379},{"sectionNumber":"sec.129F","sectionType":"section","heading":"Information to be given to detained person","content":"### sec.129F Information to be given to detained person\n\nA transit officer who detains a person under this part must, as soon as reasonably practicable, tell the person that the person is being detained under this part and the nature of the person’s conduct for which the person is detained.\nBefore, or immediately after, the detained person is delivered to a police officer or released under section 129E , the transit officer must give the person a written report for the detention.\ns 129F ins 2008 No. 67 s 223\n(sec.129F-ssec.1) A transit officer who detains a person under this part must, as soon as reasonably practicable, tell the person that the person is being detained under this part and the nature of the person’s conduct for which the person is detained.\n(sec.129F-ssec.2) Before, or immediately after, the detained person is delivered to a police officer or released under section 129E , the transit officer must give the person a written report for the detention.","sortOrder":380},{"sectionNumber":"sec.129G","sectionType":"section","heading":"Written report to be given to police officer","content":"### sec.129G Written report to be given to police officer\n\nThis section applies if a police officer takes a person detained by a transit officer under this part into the police officer’s custody.\nThe transit officer must give a written report for the detention to the police officer when, or immediately after, the police officer takes the person into the police officer’s custody.\ns 129G ins 2008 No. 67 s 223\nsub 2012 No. 31 s 20\n(sec.129G-ssec.1) This section applies if a police officer takes a person detained by a transit officer under this part into the police officer’s custody.\n(sec.129G-ssec.2) The transit officer must give a written report for the detention to the police officer when, or immediately after, the police officer takes the person into the police officer’s custody.","sortOrder":381},{"sectionNumber":"sec.129H","sectionType":"section","heading":"Written report to be given to chief executive","content":"### sec.129H Written report to be given to chief executive\n\nA transit officer who detains a person under this part must give a written report for the detention to the chief executive as soon as reasonably practicable after the person is delivered to a police officer or released under section 129E .\ns 129H ins 2008 No. 67 s 223","sortOrder":382},{"sectionNumber":"sec.129I","sectionType":"section","heading":"Requirements for written report given under this division","content":"### sec.129I Requirements for written report given under this division\n\nThis section states the requirements for a written report for a detention under this part of a person (the detained person ) that is required to be given under this division.\nSubject to subsection (3) , the written report must include all of the following information—\nthe transit officer’s name;\nthe transit officer’s unique identification number;\nthe address of the place the transit officer receives instructions from, or reports to, on the day the detention happened;\nif known by the transit officer, the name, address, age and date of birth of the detained person;\ndetails of the conduct of the detained person that led to the detention, including—\ndetails of any direction that has been given to the detained person that is relevant to the detained person’s conduct; and\nany other matters the transit officer considered in deciding to detain the person;\ndetails of any evidence of the detained person’s conduct mentioned in paragraph (e) ;\nif the detained person is a child or a person with impaired capacity, the details of any action taken under division 3 by the transit officer in relation to the detained person;\nwhen and where the detained person was first detained;\neach place to which the person was taken during the detention, and the time spent at each place;\nany event or consideration that affected the length of the detention;\nif the detained person is detained until a police officer arrives to deal with the person under section 129E —\nthe name and rank of the police officer; and\nwhen the police officer arrived to deal with the detained person; and\nif the police officer took the detained person into the police officer’s custody—when the police officer took the detained person into the police officer’s custody;\nif the detained person is released from the detention under section 129E —\nthe name and rank of the police officer who told the transit officer to release the person; and\nwhen the detained person was released from the detention;\ndetails of any physical injury suffered by the detained person, or damage caused to the person’s property, during the detention;\nwhether the transit officer exercised a power under section 129O in relation to the detained person and, if so—\nthe reason for exercising the power; and\nwhen and where the power was exercised; and\nwhether the exercise of the power required the removal of an outer garment worn by the detained person or a frisk search of the detained person;\nwhether, under section 129T , the transit officer took and retained an article and, if so, a description of the article.\nA written report given under section 129F must not include information mentioned in subsection (2) (a) or (c) .\ns 129I ins 2008 No. 67 s 223\namd 2012 No. 31 s 21 ; 2017 No. 25 s 65\n(sec.129I-ssec.1) This section states the requirements for a written report for a detention under this part of a person (the detained person ) that is required to be given under this division.\n(sec.129I-ssec.2) Subject to subsection (3) , the written report must include all of the following information— the transit officer’s name; the transit officer’s unique identification number; the address of the place the transit officer receives instructions from, or reports to, on the day the detention happened; if known by the transit officer, the name, address, age and date of birth of the detained person; details of the conduct of the detained person that led to the detention, including— details of any direction that has been given to the detained person that is relevant to the detained person’s conduct; and any other matters the transit officer considered in deciding to detain the person; details of any evidence of the detained person’s conduct mentioned in paragraph (e) ; if the detained person is a child or a person with impaired capacity, the details of any action taken under division 3 by the transit officer in relation to the detained person; when and where the detained person was first detained; each place to which the person was taken during the detention, and the time spent at each place; any event or consideration that affected the length of the detention; if the detained person is detained until a police officer arrives to deal with the person under section 129E — the name and rank of the police officer; and when the police officer arrived to deal with the detained person; and if the police officer took the detained person into the police officer’s custody—when the police officer took the detained person into the police officer’s custody; if the detained person is released from the detention under section 129E — the name and rank of the police officer who told the transit officer to release the person; and when the detained person was released from the detention; details of any physical injury suffered by the detained person, or damage caused to the person’s property, during the detention; whether the transit officer exercised a power under section 129O in relation to the detained person and, if so— the reason for exercising the power; and when and where the power was exercised; and whether the exercise of the power required the removal of an outer garment worn by the detained person or a frisk search of the detained person; whether, under section 129T , the transit officer took and retained an article and, if so, a description of the article.\n(sec.129I-ssec.3) A written report given under section 129F must not include information mentioned in subsection (2) (a) or (c) .\n- (a) the transit officer’s name;\n- (b) the transit officer’s unique identification number;\n- (c) the address of the place the transit officer receives instructions from, or reports to, on the day the detention happened;\n- (d) if known by the transit officer, the name, address, age and date of birth of the detained person;\n- (e) details of the conduct of the detained person that led to the detention, including— (i) details of any direction that has been given to the detained person that is relevant to the detained person’s conduct; and (ii) any other matters the transit officer considered in deciding to detain the person;\n- (i) details of any direction that has been given to the detained person that is relevant to the detained person’s conduct; and\n- (ii) any other matters the transit officer considered in deciding to detain the person;\n- (f) details of any evidence of the detained person’s conduct mentioned in paragraph (e) ;\n- (g) if the detained person is a child or a person with impaired capacity, the details of any action taken under division 3 by the transit officer in relation to the detained person;\n- (h) when and where the detained person was first detained;\n- (i) each place to which the person was taken during the detention, and the time spent at each place;\n- (j) any event or consideration that affected the length of the detention;\n- (k) if the detained person is detained until a police officer arrives to deal with the person under section 129E — (i) the name and rank of the police officer; and (ii) when the police officer arrived to deal with the detained person; and (iii) if the police officer took the detained person into the police officer’s custody—when the police officer took the detained person into the police officer’s custody;\n- (i) the name and rank of the police officer; and\n- (ii) when the police officer arrived to deal with the detained person; and\n- (iii) if the police officer took the detained person into the police officer’s custody—when the police officer took the detained person into the police officer’s custody;\n- (l) if the detained person is released from the detention under section 129E — (i) the name and rank of the police officer who told the transit officer to release the person; and (ii) when the detained person was released from the detention;\n- (i) the name and rank of the police officer who told the transit officer to release the person; and\n- (ii) when the detained person was released from the detention;\n- (m) details of any physical injury suffered by the detained person, or damage caused to the person’s property, during the detention;\n- (n) whether the transit officer exercised a power under section 129O in relation to the detained person and, if so— (i) the reason for exercising the power; and (ii) when and where the power was exercised; and (iii) whether the exercise of the power required the removal of an outer garment worn by the detained person or a frisk search of the detained person;\n- (i) the reason for exercising the power; and\n- (ii) when and where the power was exercised; and\n- (iii) whether the exercise of the power required the removal of an outer garment worn by the detained person or a frisk search of the detained person;\n- (o) whether, under section 129T , the transit officer took and retained an article and, if so, a description of the article.\n- (i) details of any direction that has been given to the detained person that is relevant to the detained person’s conduct; and\n- (ii) any other matters the transit officer considered in deciding to detain the person;\n- (i) the name and rank of the police officer; and\n- (ii) when the police officer arrived to deal with the detained person; and\n- (iii) if the police officer took the detained person into the police officer’s custody—when the police officer took the detained person into the police officer’s custody;\n- (i) the name and rank of the police officer who told the transit officer to release the person; and\n- (ii) when the detained person was released from the detention;\n- (i) the reason for exercising the power; and\n- (ii) when and where the power was exercised; and\n- (iii) whether the exercise of the power required the removal of an outer garment worn by the detained person or a frisk search of the detained person;","sortOrder":383},{"sectionNumber":"sec.129J","sectionType":"section","heading":"Restrictions on questioning detained person","content":"### sec.129J Restrictions on questioning detained person\n\nA transit officer must not while a person is being detained under this part—\nquestion the person about the person’s involvement in the detainable offence in relation to which the person is detained; or\nin any way encourage, or provide an incentive for, the person to make a statement of any kind about the person’s involvement in the detainable offence in relation to which the person is detained.\ns 129J ins 2008 No. 67 s 223\n- (a) question the person about the person’s involvement in the detainable offence in relation to which the person is detained; or\n- (b) in any way encourage, or provide an incentive for, the person to make a statement of any kind about the person’s involvement in the detainable offence in relation to which the person is detained.","sortOrder":384},{"sectionNumber":"ch.11-pt.4A-div.3","sectionType":"division","heading":"Additional provisions about detaining children or persons with impaired capacity","content":"## Additional provisions about detaining children or persons with impaired capacity","sortOrder":385},{"sectionNumber":"sec.129K","sectionType":"section","heading":"Limitation on detaining child","content":"### sec.129K Limitation on detaining child\n\nIn deciding whether to detain a child under this part, the transit officer must have regard to the need to ensure that detention is used only as a last resort.\ns 129K ins 2008 No. 67 s 223","sortOrder":386},{"sectionNumber":"sec.129L","sectionType":"section","heading":"Responsible person to be notified of detention","content":"### sec.129L Responsible person to be notified of detention\n\nThis section applies if—\nunder this part, a transit officer is detaining a person at a place until a police officer arrives; and\nthe detained person is a child or a person with impaired capacity; and\nthe child’s or person’s name is known to the transit officer.\nThe transit officer must, as soon as practicable, advise the responsible person for the child or person of the detention and the place where the child or person is being detained.\nSubsection (2) does not apply in relation to a child if the transit officer believes on reasonable grounds the child is an adult.\nIn deciding whether the transit officer had reasonable grounds, a court may have regard to the child’s apparent age and the circumstances of the detention.\nIn this section—\nresponsible person means—\nfor a child—\nthe child’s parent or guardian; or\na person who has lawful custody of the child; or\na person who has the day-to-day care and control of the child; or\nan adult relative or friend acceptable to the child; or\nfor a person with an impaired capacity—a guardian appointed for the person under the Guardianship and Administration Act 2000 .\ns 129L ins 2008 No. 67 s 223\namd 2012 No. 31 s 22\n(sec.129L-ssec.1) This section applies if— under this part, a transit officer is detaining a person at a place until a police officer arrives; and the detained person is a child or a person with impaired capacity; and the child’s or person’s name is known to the transit officer.\n(sec.129L-ssec.2) The transit officer must, as soon as practicable, advise the responsible person for the child or person of the detention and the place where the child or person is being detained.\n(sec.129L-ssec.3) Subsection (2) does not apply in relation to a child if the transit officer believes on reasonable grounds the child is an adult.\n(sec.129L-ssec.4) In deciding whether the transit officer had reasonable grounds, a court may have regard to the child’s apparent age and the circumstances of the detention.\n(sec.129L-ssec.5) In this section— responsible person means— for a child— the child’s parent or guardian; or a person who has lawful custody of the child; or a person who has the day-to-day care and control of the child; or an adult relative or friend acceptable to the child; or for a person with an impaired capacity—a guardian appointed for the person under the Guardianship and Administration Act 2000 .\n- (a) under this part, a transit officer is detaining a person at a place until a police officer arrives; and\n- (b) the detained person is a child or a person with impaired capacity; and\n- (c) the child’s or person’s name is known to the transit officer.\n- (a) for a child— (i) the child’s parent or guardian; or (ii) a person who has lawful custody of the child; or (iii) a person who has the day-to-day care and control of the child; or (iv) an adult relative or friend acceptable to the child; or\n- (i) the child’s parent or guardian; or\n- (ii) a person who has lawful custody of the child; or\n- (iii) a person who has the day-to-day care and control of the child; or\n- (iv) an adult relative or friend acceptable to the child; or\n- (b) for a person with an impaired capacity—a guardian appointed for the person under the Guardianship and Administration Act 2000 .\n- (i) the child’s parent or guardian; or\n- (ii) a person who has lawful custody of the child; or\n- (iii) a person who has the day-to-day care and control of the child; or\n- (iv) an adult relative or friend acceptable to the child; or","sortOrder":387},{"sectionNumber":"sec.129M","sectionType":"section","heading":"Giving warning etc. to child or person with impaired capacity","content":"### sec.129M Giving warning etc. to child or person with impaired capacity\n\nThis section applies if, under this part, a transit officer gives a child or a person with an impaired capacity—\na warning; or\nan opportunity to leave public transport infrastructure.\nThe transit officer must take reasonable steps to ensure the child or person understands the purpose, nature and effect of the warning or opportunity to leave.\nThe steps that can be taken include, for example—\npersonally explaining the matters to the child or person; and\nhaving an interpreter or other person able to communicate effectively with the child or person give the explanation; and\nsupplying an explanatory note in English or another language.\ns 129M ins 2008 No. 67 s 223\n(sec.129M-ssec.1) This section applies if, under this part, a transit officer gives a child or a person with an impaired capacity— a warning; or an opportunity to leave public transport infrastructure.\n(sec.129M-ssec.2) The transit officer must take reasonable steps to ensure the child or person understands the purpose, nature and effect of the warning or opportunity to leave.\n(sec.129M-ssec.3) The steps that can be taken include, for example— personally explaining the matters to the child or person; and having an interpreter or other person able to communicate effectively with the child or person give the explanation; and supplying an explanatory note in English or another language.\n- (a) a warning; or\n- (b) an opportunity to leave public transport infrastructure.\n- (a) personally explaining the matters to the child or person; and\n- (b) having an interpreter or other person able to communicate effectively with the child or person give the explanation; and\n- (c) supplying an explanatory note in English or another language.","sortOrder":388},{"sectionNumber":"sec.129N","sectionType":"section","heading":"Nature of detention for child or person with impaired capacity","content":"### sec.129N Nature of detention for child or person with impaired capacity\n\nThis section applies if, under this part, a transit officer detains a child or a person with an impaired capacity.\nIn deciding how and where to detain the child or person, or how to transport the child or person to a police officer, the transit officer must have regard to the following—\nthe need to keep the child or person safe and promote the child’s or person’s physical and mental wellbeing;\nthe need to treat the child or person with respect and dignity;\nthe child’s or person’s age, maturity, capacity and, if appropriate, cultural and religious beliefs and practices;\nthe need to ensure the child or person is detained for the least time that is justified in the circumstances.\ns 129N ins 2008 No. 67 s 223\n(sec.129N-ssec.1) This section applies if, under this part, a transit officer detains a child or a person with an impaired capacity.\n(sec.129N-ssec.2) In deciding how and where to detain the child or person, or how to transport the child or person to a police officer, the transit officer must have regard to the following— the need to keep the child or person safe and promote the child’s or person’s physical and mental wellbeing; the need to treat the child or person with respect and dignity; the child’s or person’s age, maturity, capacity and, if appropriate, cultural and religious beliefs and practices; the need to ensure the child or person is detained for the least time that is justified in the circumstances.\n- (a) the need to keep the child or person safe and promote the child’s or person’s physical and mental wellbeing;\n- (b) the need to treat the child or person with respect and dignity;\n- (c) the child’s or person’s age, maturity, capacity and, if appropriate, cultural and religious beliefs and practices;\n- (d) the need to ensure the child or person is detained for the least time that is justified in the circumstances.","sortOrder":389},{"sectionNumber":"ch.11-pt.4A-div.4","sectionType":"division","heading":"Additional powers after person detained","content":"## Additional powers after person detained","sortOrder":390},{"sectionNumber":"sec.129O","sectionType":"section","heading":"Power to require detained person to remove outer garment etc.","content":"### sec.129O Power to require detained person to remove outer garment etc.\n\nThis section applies if a transit officer who has detained a person under this part reasonably suspects the person is carrying an article that could, or could be used to, cause harm to the person or someone else.\nThe transit officer may direct the person to do 1 or more of the following—\nallow the officer to inspect the person’s belongings;\nremove 1 or more outer garments worn by the person as specified by the officer and allow the officer to inspect the garments;\nremove all articles from the person’s clothing and allow the officer to inspect them;\nallow the officer to frisk search the person.\nIn this section—\ninspect , an article, includes handle the article, open it and examine its contents.\ns 129O ins 2008 No. 67 s 223\n(sec.129O-ssec.1) This section applies if a transit officer who has detained a person under this part reasonably suspects the person is carrying an article that could, or could be used to, cause harm to the person or someone else.\n(sec.129O-ssec.2) The transit officer may direct the person to do 1 or more of the following— allow the officer to inspect the person’s belongings; remove 1 or more outer garments worn by the person as specified by the officer and allow the officer to inspect the garments; remove all articles from the person’s clothing and allow the officer to inspect them; allow the officer to frisk search the person.\n(sec.129O-ssec.3) In this section— inspect , an article, includes handle the article, open it and examine its contents.\n- (a) allow the officer to inspect the person’s belongings;\n- (b) remove 1 or more outer garments worn by the person as specified by the officer and allow the officer to inspect the garments;\n- (c) remove all articles from the person’s clothing and allow the officer to inspect them;\n- (d) allow the officer to frisk search the person.","sortOrder":391},{"sectionNumber":"sec.129P","sectionType":"section","heading":"Limits on directing removal of outer garment worn by detained person generally","content":"### sec.129P Limits on directing removal of outer garment worn by detained person generally\n\nA transit officer may direct a person to remove an outer garment under this division only if the officer—\nconsiders on reasonable grounds the person is wearing an outer garment and a proper examination of the person and garment can not be carried out unless the outer garment is removed; and\nconsiders on reasonable grounds that the removal of the outer garment will not result in the person being in a state of undress; and\nspecifies the outer garment to be removed; and\nif practicable, ensures the person’s compliance with the direction is carried out in an area or place that is out of view of members of the general public and that the officer considers, on reasonable grounds, provides suitable personal privacy to the person; and\ntells the person that even if the person removes the outer garment specified by the officer and allows the officer to examine the outer garment, the person may or may not be examined further.\nIn this section—\nstate of undress , for a person, means—\nthe person is naked or the person’s genital or anal region is bare or, if the person is female, the person’s breasts are bare; or\nthe person is wearing only underwear; or\nthe person is wearing only some outer garments so that some of the person’s underwear is not covered by an outer garment.\ns 129P ins 2008 No. 67 s 223\n(sec.129P-ssec.1) A transit officer may direct a person to remove an outer garment under this division only if the officer— considers on reasonable grounds the person is wearing an outer garment and a proper examination of the person and garment can not be carried out unless the outer garment is removed; and considers on reasonable grounds that the removal of the outer garment will not result in the person being in a state of undress; and specifies the outer garment to be removed; and if practicable, ensures the person’s compliance with the direction is carried out in an area or place that is out of view of members of the general public and that the officer considers, on reasonable grounds, provides suitable personal privacy to the person; and tells the person that even if the person removes the outer garment specified by the officer and allows the officer to examine the outer garment, the person may or may not be examined further.\n(sec.129P-ssec.2) In this section— state of undress , for a person, means— the person is naked or the person’s genital or anal region is bare or, if the person is female, the person’s breasts are bare; or the person is wearing only underwear; or the person is wearing only some outer garments so that some of the person’s underwear is not covered by an outer garment.\n- (a) considers on reasonable grounds the person is wearing an outer garment and a proper examination of the person and garment can not be carried out unless the outer garment is removed; and\n- (b) considers on reasonable grounds that the removal of the outer garment will not result in the person being in a state of undress; and\n- (c) specifies the outer garment to be removed; and\n- (d) if practicable, ensures the person’s compliance with the direction is carried out in an area or place that is out of view of members of the general public and that the officer considers, on reasonable grounds, provides suitable personal privacy to the person; and\n- (e) tells the person that even if the person removes the outer garment specified by the officer and allows the officer to examine the outer garment, the person may or may not be examined further.\n- (a) the person is naked or the person’s genital or anal region is bare or, if the person is female, the person’s breasts are bare; or\n- (b) the person is wearing only underwear; or\n- (c) the person is wearing only some outer garments so that some of the person’s underwear is not covered by an outer garment.","sortOrder":392},{"sectionNumber":"sec.129Q","sectionType":"section","heading":"Limit on directing removal of outer garment worn by detained person who is a child or person with impaired capacity","content":"### sec.129Q Limit on directing removal of outer garment worn by detained person who is a child or person with impaired capacity\n\nThis section applies if a transit officer gives a direction to remove an outer garment under this division to a child, or a person with impaired capacity, who may not be able to understand the purpose of the direction.\nThe transit officer must not permit the child or person to remove the outer garment other than in the presence of—\nif a responsible person for the child or person is at or in the immediate vicinity of the place where the outer garment is to be removed—the responsible person; or\notherwise—another authorised person.\nIn this section—\nresponsible person means—\nfor a child—\nthe child’s parent or guardian; or\na person who has lawful custody of the child; or\na person who has the day-to-day care and control of the child; or\nan adult relative or friend acceptable to the child; or\nfor a person with an impaired capacity—a guardian appointed for the person under the Guardianship and Administration Act 2000 or an adult relative or friend acceptable to the person.\ns 129Q ins 2008 No. 67 s 223\n(sec.129Q-ssec.1) This section applies if a transit officer gives a direction to remove an outer garment under this division to a child, or a person with impaired capacity, who may not be able to understand the purpose of the direction.\n(sec.129Q-ssec.2) The transit officer must not permit the child or person to remove the outer garment other than in the presence of— if a responsible person for the child or person is at or in the immediate vicinity of the place where the outer garment is to be removed—the responsible person; or otherwise—another authorised person.\n(sec.129Q-ssec.3) In this section— responsible person means— for a child— the child’s parent or guardian; or a person who has lawful custody of the child; or a person who has the day-to-day care and control of the child; or an adult relative or friend acceptable to the child; or for a person with an impaired capacity—a guardian appointed for the person under the Guardianship and Administration Act 2000 or an adult relative or friend acceptable to the person.\n- (a) if a responsible person for the child or person is at or in the immediate vicinity of the place where the outer garment is to be removed—the responsible person; or\n- (b) otherwise—another authorised person.\n- (a) for a child— (i) the child’s parent or guardian; or (ii) a person who has lawful custody of the child; or (iii) a person who has the day-to-day care and control of the child; or (iv) an adult relative or friend acceptable to the child; or\n- (i) the child’s parent or guardian; or\n- (ii) a person who has lawful custody of the child; or\n- (iii) a person who has the day-to-day care and control of the child; or\n- (iv) an adult relative or friend acceptable to the child; or\n- (b) for a person with an impaired capacity—a guardian appointed for the person under the Guardianship and Administration Act 2000 or an adult relative or friend acceptable to the person.\n- (i) the child’s parent or guardian; or\n- (ii) a person who has lawful custody of the child; or\n- (iii) a person who has the day-to-day care and control of the child; or\n- (iv) an adult relative or friend acceptable to the child; or","sortOrder":393},{"sectionNumber":"sec.129R","sectionType":"section","heading":"Limits on frisk searching detained person generally","content":"### sec.129R Limits on frisk searching detained person generally\n\nA transit officer may frisk search a person only if—\nthe officer is the same sex as the person; and\nthe officer—\ntells the person that the person has the right to request the frisk search be carried out in an area or place that is, if practicable, out of view of members of the general public and that the officer considers, on reasonable grounds, provides suitable personal privacy to the person; and\ntakes the person to the area or place, if the person requests the officer to do so.\nA transit officer who frisk searches a person must—\nensure, as far as reasonably practicable, the way the person is searched causes minimal embarrassment to the person; and\ntake reasonable care to protect the dignity of the person.\ns 129R ins 2008 No. 67 s 223\n(sec.129R-ssec.1) A transit officer may frisk search a person only if— the officer is the same sex as the person; and the officer— tells the person that the person has the right to request the frisk search be carried out in an area or place that is, if practicable, out of view of members of the general public and that the officer considers, on reasonable grounds, provides suitable personal privacy to the person; and takes the person to the area or place, if the person requests the officer to do so.\n(sec.129R-ssec.2) A transit officer who frisk searches a person must— ensure, as far as reasonably practicable, the way the person is searched causes minimal embarrassment to the person; and take reasonable care to protect the dignity of the person.\n- (a) the officer is the same sex as the person; and\n- (b) the officer— (i) tells the person that the person has the right to request the frisk search be carried out in an area or place that is, if practicable, out of view of members of the general public and that the officer considers, on reasonable grounds, provides suitable personal privacy to the person; and (ii) takes the person to the area or place, if the person requests the officer to do so.\n- (i) tells the person that the person has the right to request the frisk search be carried out in an area or place that is, if practicable, out of view of members of the general public and that the officer considers, on reasonable grounds, provides suitable personal privacy to the person; and\n- (ii) takes the person to the area or place, if the person requests the officer to do so.\n- (i) tells the person that the person has the right to request the frisk search be carried out in an area or place that is, if practicable, out of view of members of the general public and that the officer considers, on reasonable grounds, provides suitable personal privacy to the person; and\n- (ii) takes the person to the area or place, if the person requests the officer to do so.\n- (a) ensure, as far as reasonably practicable, the way the person is searched causes minimal embarrassment to the person; and\n- (b) take reasonable care to protect the dignity of the person.","sortOrder":394},{"sectionNumber":"sec.129S","sectionType":"section","heading":"Limits on frisk searching detained person who is a child or person with impaired capacity","content":"### sec.129S Limits on frisk searching detained person who is a child or person with impaired capacity\n\nThis section applies if a transit officer frisk searches a child, or a person with impaired capacity, who may not be able to understand the purpose of the search.\nThe transit officer must conduct the frisk search in the presence of—\nif a responsible person for the child or person is at or in the immediate vicinity of the place where the frisk search is to be conducted—the responsible person; or\notherwise—another authorised person.\nIn this section—\nresponsible person means—\nfor a child—\nthe child’s parent or guardian; or\na person who has lawful custody of the child; or\na person who has the day-to-day care and control of the child; or\nan adult relative or friend acceptable to the child; or\nfor a person with an impaired capacity—a guardian appointed for the person under the Guardianship and Administration Act 2000 or an adult relative or friend acceptable to the person.\ns 129S ins 2008 No. 67 s 223\n(sec.129S-ssec.1) This section applies if a transit officer frisk searches a child, or a person with impaired capacity, who may not be able to understand the purpose of the search.\n(sec.129S-ssec.2) The transit officer must conduct the frisk search in the presence of— if a responsible person for the child or person is at or in the immediate vicinity of the place where the frisk search is to be conducted—the responsible person; or otherwise—another authorised person.\n(sec.129S-ssec.3) In this section— responsible person means— for a child— the child’s parent or guardian; or a person who has lawful custody of the child; or a person who has the day-to-day care and control of the child; or an adult relative or friend acceptable to the child; or for a person with an impaired capacity—a guardian appointed for the person under the Guardianship and Administration Act 2000 or an adult relative or friend acceptable to the person.\n- (a) if a responsible person for the child or person is at or in the immediate vicinity of the place where the frisk search is to be conducted—the responsible person; or\n- (b) otherwise—another authorised person.\n- (a) for a child— (i) the child’s parent or guardian; or (ii) a person who has lawful custody of the child; or (iii) a person who has the day-to-day care and control of the child; or (iv) an adult relative or friend acceptable to the child; or\n- (i) the child’s parent or guardian; or\n- (ii) a person who has lawful custody of the child; or\n- (iii) a person who has the day-to-day care and control of the child; or\n- (iv) an adult relative or friend acceptable to the child; or\n- (b) for a person with an impaired capacity—a guardian appointed for the person under the Guardianship and Administration Act 2000 or an adult relative or friend acceptable to the person.\n- (i) the child’s parent or guardian; or\n- (ii) a person who has lawful custody of the child; or\n- (iii) a person who has the day-to-day care and control of the child; or\n- (iv) an adult relative or friend acceptable to the child; or","sortOrder":395},{"sectionNumber":"sec.129T","sectionType":"section","heading":"Power to take and retain particular articles","content":"### sec.129T Power to take and retain particular articles\n\nThis section applies if a transit officer acting under section 129O in relation to a person finds an article that may cause harm to the person or someone else.\nThe transit officer may take and retain the article while the person is being detained under this part.\nThe transit officer must give the article to the police officer to whom the person is delivered under this part.\nFor return of the article, see the Police Powers and Responsibilities Act 2000 , chapter 21 , part 3 (Dealing with things in the possession of police service).\ns 129T ins 2008 No. 67 s 223\n(sec.129T-ssec.1) This section applies if a transit officer acting under section 129O in relation to a person finds an article that may cause harm to the person or someone else.\n(sec.129T-ssec.2) The transit officer may take and retain the article while the person is being detained under this part.\n(sec.129T-ssec.3) The transit officer must give the article to the police officer to whom the person is delivered under this part. For return of the article, see the Police Powers and Responsibilities Act 2000 , chapter 21 , part 3 (Dealing with things in the possession of police service).","sortOrder":396},{"sectionNumber":"ch.11-pt.4A-div.5","sectionType":"division","heading":"Recording details of exercise of powers under this part","content":"## Recording details of exercise of powers under this part","sortOrder":397},{"sectionNumber":"sec.129U","sectionType":"section","heading":"Chief executive must maintain a register of detentions","content":"### sec.129U Chief executive must maintain a register of detentions\n\nThe chief executive must keep a register of detentions under this part.\nThe chief executive must—\ninclude each written report given to the chief executive under section 129H in the register; and\nkeep the report in the register for 5 years after the detention to which the report relates.\nAt any time within 3 years after a person is detained under this part, the person may ask the chief executive to give the person a copy of the written report of the detention.\nThe chief executive must comply with the request as soon as reasonably practicable.\ns 129U ins 2008 No. 67 s 223\n(sec.129U-ssec.1) The chief executive must keep a register of detentions under this part.\n(sec.129U-ssec.2) The chief executive must— include each written report given to the chief executive under section 129H in the register; and keep the report in the register for 5 years after the detention to which the report relates.\n(sec.129U-ssec.3) At any time within 3 years after a person is detained under this part, the person may ask the chief executive to give the person a copy of the written report of the detention.\n(sec.129U-ssec.4) The chief executive must comply with the request as soon as reasonably practicable.\n- (a) include each written report given to the chief executive under section 129H in the register; and\n- (b) keep the report in the register for 5 years after the detention to which the report relates.","sortOrder":398},{"sectionNumber":"ch.11-pt.4A-div.6","sectionType":"division","heading":"Other provisions about functions and powers under this part","content":"## Other provisions about functions and powers under this part","sortOrder":399},{"sectionNumber":"sec.129V","sectionType":"section","heading":"Guidelines must be followed","content":"### sec.129V Guidelines must be followed\n\nA transit officer performing a function or exercising a power under this part must follow the guidelines forming part of transit officer training.\ns 129V ins 2008 No. 67 s 223","sortOrder":400},{"sectionNumber":"sec.129W","sectionType":"section","heading":"Application of youth justice principles","content":"### sec.129W Application of youth justice principles\n\nA transit officer performing a function or exercising a power under this part in relation to a child must, in performing the function or exercising the power, have regard to the youth justice principles under the Youth Justice Act 1992 .\nSubsection (1) does not limit any provision of this part that specifically provides for the application of a principle mentioned in the Youth Justice Act 1992 , schedule 1 .\ns 129W ins 2008 No. 67 s 223\namd 2016 No. 58 s 10 sch 1\n(sec.129W-ssec.1) A transit officer performing a function or exercising a power under this part in relation to a child must, in performing the function or exercising the power, have regard to the youth justice principles under the Youth Justice Act 1992 .\n(sec.129W-ssec.2) Subsection (1) does not limit any provision of this part that specifically provides for the application of a principle mentioned in the Youth Justice Act 1992 , schedule 1 .","sortOrder":401},{"sectionNumber":"sec.129X","sectionType":"section","heading":"Transit officer must not fail to comply with this part","content":"### sec.129X Transit officer must not fail to comply with this part\n\nA transit officer must not knowingly fail to comply with this part without a reasonable excuse.\nThe transit officer’s appointment may also be revoked under section 113G .\nMaximum penalty—60 penalty units.\nTo remove any doubt, it is declared that a purported exercise of a power under this part in contravention of this part is unlawful.\ns 129X ins 2008 No. 67 s 223\n(sec.129X-ssec.1) A transit officer must not knowingly fail to comply with this part without a reasonable excuse. The transit officer’s appointment may also be revoked under section 113G . Maximum penalty—60 penalty units.\n(sec.129X-ssec.2) To remove any doubt, it is declared that a purported exercise of a power under this part in contravention of this part is unlawful.","sortOrder":402},{"sectionNumber":"ch.11-pt.4B","sectionType":"part","heading":"Powers of court to make exclusion orders for protecting the public or property","content":"# Powers of court to make exclusion orders for protecting the public or property","sortOrder":403},{"sectionNumber":"sec.129Y","sectionType":"section","heading":"Definition for pt 4B","content":"### sec.129Y Definition for pt 4B\n\nIn this part—\nexclusion order ...\ns 129Y def exclusion order om 2011 No. 12 s 82 (2)\nproper officer ...\ns 129Y def proper officer om 2011 No. 12 s 82 (2)\npublic transport network ...\ns 129Y def public transport network om 2011 No. 12 s 82 (2)\nrelevant offence ...\ns 129Y def relevant offence om 2011 No. 12 s 82 (2)\ntransport indictable offence means an indictable offence, including an indictable offence dealt with summarily, committed on or in public transport infrastructure.\ns 129Y ins 2008 No. 67 s 223\namd 2011 No. 12 s 82 (1)","sortOrder":404},{"sectionNumber":"sec.129Z","sectionType":"section","heading":"What is an exclusion order","content":"### sec.129Z What is an exclusion order\n\nAn exclusion order is an order that—\nprohibits a person from using the public transport network for a period of not more than 2 years; or\nrestricts, for a period of not more 2 years, a person’s use of the public transport network in 1 or more of the following ways—\nrestricting the general route services or public transport infrastructure the person may use;\nrestricting the days, or the times or periods of a day, when the person may use the public transport network;\nrestricting the use of the public transport network to during the day only\nrestricting the use of the public transport network to weekdays only\nrestricting the purpose for which the person may use the public transport network.\nrestricting the use of the public transport network to travel to and from work or an educational institution\nrestricting the use of the public transport network to travel to and from a hospital or another place providing medical treatment\ns 129Z ins 2008 No. 67 s 223\n- (a) prohibits a person from using the public transport network for a period of not more than 2 years; or\n- (b) restricts, for a period of not more 2 years, a person’s use of the public transport network in 1 or more of the following ways— (i) restricting the general route services or public transport infrastructure the person may use; (ii) restricting the days, or the times or periods of a day, when the person may use the public transport network; Examples— • restricting the use of the public transport network to during the day only • restricting the use of the public transport network to weekdays only (iii) restricting the purpose for which the person may use the public transport network. Examples— • restricting the use of the public transport network to travel to and from work or an educational institution • restricting the use of the public transport network to travel to and from a hospital or another place providing medical treatment\n- (i) restricting the general route services or public transport infrastructure the person may use;\n- (ii) restricting the days, or the times or periods of a day, when the person may use the public transport network; Examples— • restricting the use of the public transport network to during the day only • restricting the use of the public transport network to weekdays only\n- • restricting the use of the public transport network to during the day only\n- • restricting the use of the public transport network to weekdays only\n- (iii) restricting the purpose for which the person may use the public transport network. Examples— • restricting the use of the public transport network to travel to and from work or an educational institution • restricting the use of the public transport network to travel to and from a hospital or another place providing medical treatment\n- • restricting the use of the public transport network to travel to and from work or an educational institution\n- • restricting the use of the public transport network to travel to and from a hospital or another place providing medical treatment\n- (i) restricting the general route services or public transport infrastructure the person may use;\n- (ii) restricting the days, or the times or periods of a day, when the person may use the public transport network; Examples— • restricting the use of the public transport network to during the day only • restricting the use of the public transport network to weekdays only\n- • restricting the use of the public transport network to during the day only\n- • restricting the use of the public transport network to weekdays only\n- (iii) restricting the purpose for which the person may use the public transport network. Examples— • restricting the use of the public transport network to travel to and from work or an educational institution • restricting the use of the public transport network to travel to and from a hospital or another place providing medical treatment\n- • restricting the use of the public transport network to travel to and from work or an educational institution\n- • restricting the use of the public transport network to travel to and from a hospital or another place providing medical treatment\n- • restricting the use of the public transport network to during the day only\n- • restricting the use of the public transport network to weekdays only\n- • restricting the use of the public transport network to travel to and from work or an educational institution\n- • restricting the use of the public transport network to travel to and from a hospital or another place providing medical treatment","sortOrder":405},{"sectionNumber":"sec.129ZA","sectionType":"section","heading":"Court may make exclusion order","content":"### sec.129ZA Court may make exclusion order\n\nThis section—\napplies to a court convicting a person of a relevant offence or transport indictable offence (each an exclusion order offence ); and\nprovides for the making of an exclusion order in sentencing the person under the Penalties and Sentences Act 1992 or, if the person is a child, the Youth Justice Act 1992 .\nThe Penalties and Sentences Act 1992 , section 9 (1) provides for the only purposes for which a sentence may be imposed on a person.\nIn addition to any sentence a court may make in relation to a person the court is convicting for a relevant offence, the court may make an exclusion order in relation to the person if—\nthe person has been convicted of an exclusion order offence—\nat least 1 other time during the last 12 months; or\nat least 2 other times during the last 18 months; and\nthe court is satisfied that, unless the order is made, the person would pose an unacceptable risk to—\nthe good order or management of the public transport network; or\nthe safety and welfare of persons using the public transport network.\nIn addition to any sentence a court may make in relation to a person the court is convicting for a transport indictable offence, the court may make an exclusion order in relation to the person if the court is satisfied that, unless the order is made, the person would pose an unacceptable risk to—\nthe good order or management of the public transport network; or\nthe safety and welfare of persons using the public transport network.\ns 129ZA ins 2008 No. 67 s 223\namd 2011 No. 12 s 83 ; 2016 No. 58 s 10 sch 1\n(sec.129ZA-ssec.1) This section— applies to a court convicting a person of a relevant offence or transport indictable offence (each an exclusion order offence ); and provides for the making of an exclusion order in sentencing the person under the Penalties and Sentences Act 1992 or, if the person is a child, the Youth Justice Act 1992 . The Penalties and Sentences Act 1992 , section 9 (1) provides for the only purposes for which a sentence may be imposed on a person.\n(sec.129ZA-ssec.2) In addition to any sentence a court may make in relation to a person the court is convicting for a relevant offence, the court may make an exclusion order in relation to the person if— the person has been convicted of an exclusion order offence— at least 1 other time during the last 12 months; or at least 2 other times during the last 18 months; and the court is satisfied that, unless the order is made, the person would pose an unacceptable risk to— the good order or management of the public transport network; or the safety and welfare of persons using the public transport network.\n(sec.129ZA-ssec.3) In addition to any sentence a court may make in relation to a person the court is convicting for a transport indictable offence, the court may make an exclusion order in relation to the person if the court is satisfied that, unless the order is made, the person would pose an unacceptable risk to— the good order or management of the public transport network; or the safety and welfare of persons using the public transport network.\n- (a) applies to a court convicting a person of a relevant offence or transport indictable offence (each an exclusion order offence ); and\n- (b) provides for the making of an exclusion order in sentencing the person under the Penalties and Sentences Act 1992 or, if the person is a child, the Youth Justice Act 1992 . Note— The Penalties and Sentences Act 1992 , section 9 (1) provides for the only purposes for which a sentence may be imposed on a person.\n- (a) the person has been convicted of an exclusion order offence— (i) at least 1 other time during the last 12 months; or (ii) at least 2 other times during the last 18 months; and\n- (i) at least 1 other time during the last 12 months; or\n- (ii) at least 2 other times during the last 18 months; and\n- (b) the court is satisfied that, unless the order is made, the person would pose an unacceptable risk to— (i) the good order or management of the public transport network; or (ii) the safety and welfare of persons using the public transport network.\n- (i) the good order or management of the public transport network; or\n- (ii) the safety and welfare of persons using the public transport network.\n- (i) at least 1 other time during the last 12 months; or\n- (ii) at least 2 other times during the last 18 months; and\n- (i) the good order or management of the public transport network; or\n- (ii) the safety and welfare of persons using the public transport network.\n- (a) the good order or management of the public transport network; or\n- (b) the safety and welfare of persons using the public transport network.","sortOrder":406},{"sectionNumber":"sec.129ZB","sectionType":"section","heading":"Matters court must consider in deciding whether to make exclusion order","content":"### sec.129ZB Matters court must consider in deciding whether to make exclusion order\n\nA court considering whether or not to make, or the terms of, an exclusion order in relation to a person must have regard to the following—\nthe matters to which the court must have regard when sentencing the person under the Penalties and Sentences Act 1992 or, if the person is a child, the Youth Justice Act 1992 ;\nwhether the person is subject to a civil banning order;\nwhether the making of the order is likely to cause undue hardship to the person or the person’s family—\nby depriving the person of the person’s means of earning a living; or\nin another way, including, for example, by depriving the person of the ability—\nto study; or\nto maintain the person’s health or the health of a member of the person’s family;\nthe effect the order would have on the person’s safety and wellbeing, having regard to the person’s age and any physical, intellectual or psychiatric disability.\nThis section does not limit the matters to which the court may have regard in considering whether or not to make, or the terms of, an exclusion order under this part in relation to a person.\nSee, for example, the Penalties and Sentences Act 1992 , section 189 which allows the court to consider, in particular circumstances, offences a person may have committed but for which the person has not been convicted.\ns 129ZB ins 2008 No. 67 s 223\namd 2011 No. 12 s 84 ; 2016 No. 58 s 10 sch 1\n(sec.129ZB-ssec.1) A court considering whether or not to make, or the terms of, an exclusion order in relation to a person must have regard to the following— the matters to which the court must have regard when sentencing the person under the Penalties and Sentences Act 1992 or, if the person is a child, the Youth Justice Act 1992 ; whether the person is subject to a civil banning order; whether the making of the order is likely to cause undue hardship to the person or the person’s family— by depriving the person of the person’s means of earning a living; or in another way, including, for example, by depriving the person of the ability— to study; or to maintain the person’s health or the health of a member of the person’s family; the effect the order would have on the person’s safety and wellbeing, having regard to the person’s age and any physical, intellectual or psychiatric disability.\n(sec.129ZB-ssec.2) This section does not limit the matters to which the court may have regard in considering whether or not to make, or the terms of, an exclusion order under this part in relation to a person. See, for example, the Penalties and Sentences Act 1992 , section 189 which allows the court to consider, in particular circumstances, offences a person may have committed but for which the person has not been convicted.\n- (a) the matters to which the court must have regard when sentencing the person under the Penalties and Sentences Act 1992 or, if the person is a child, the Youth Justice Act 1992 ;\n- (aa) whether the person is subject to a civil banning order;\n- (b) whether the making of the order is likely to cause undue hardship to the person or the person’s family— (i) by depriving the person of the person’s means of earning a living; or (ii) in another way, including, for example, by depriving the person of the ability— (A) to study; or (B) to maintain the person’s health or the health of a member of the person’s family;\n- (i) by depriving the person of the person’s means of earning a living; or\n- (ii) in another way, including, for example, by depriving the person of the ability— (A) to study; or (B) to maintain the person’s health or the health of a member of the person’s family;\n- (A) to study; or\n- (B) to maintain the person’s health or the health of a member of the person’s family;\n- (c) the effect the order would have on the person’s safety and wellbeing, having regard to the person’s age and any physical, intellectual or psychiatric disability.\n- (i) by depriving the person of the person’s means of earning a living; or\n- (ii) in another way, including, for example, by depriving the person of the ability— (A) to study; or (B) to maintain the person’s health or the health of a member of the person’s family;\n- (A) to study; or\n- (B) to maintain the person’s health or the health of a member of the person’s family;\n- (A) to study; or\n- (B) to maintain the person’s health or the health of a member of the person’s family;","sortOrder":407},{"sectionNumber":"sec.129ZC","sectionType":"section","heading":"Exclusion order to be explained if person before the court","content":"### sec.129ZC Exclusion order to be explained if person before the court\n\nIf the person in relation to whom a court is making an exclusion order is before the court, the court must explain the following things to the person in a way the court is reasonably satisfied the person will understand them—\nthe purpose, terms and effect of the proposed exclusion order;\nwhat may happen if the person does not comply with the proposed exclusion order, including, for example, that the person may be detained under part 4A ;\nthat the person may apply for a variation of the order under section 129ZF .\nIf the person (the relevant person ) in relation to whom a court made an exclusion order did not appear before the court when the court made the order, before serving the order on the person, the person serving the order must explain, or cause to be explained, to the relevant person—\nthe purpose, terms and effect of the exclusion order; and\nthe consequences of contravening the exclusion order; and\nthat the exclusion order may be varied or revoked on the application of the relevant person or an authorised person.\nThe process that a court adopts to explain things mentioned in subsection (1) may include using services of, or help from, other people to the extent the court considers appropriate.\nThe court may arrange for the court’s proper officer or a public service employee at the court, to explain the exclusion order to a person.\nA local interpreter or the telephone interpreter service may be used to explain the order to the person.\nExplanatory notes, including explanatory notes prepared for non-English speakers, may be given to the person.\nThe court may arrange with a community government under the Local Government (Community Government Areas) Act 2004 , an indigenous regional council under the Local Government Act 1993 , a community justice group or group of elders for someone to explain the order to the person.\nFailure to comply with this section does not affect the validity of the exclusion order.\ns 129ZC ins 2008 No. 67 s 223\namd 2011 No. 12 s 85\n(sec.129ZC-ssec.1) If the person in relation to whom a court is making an exclusion order is before the court, the court must explain the following things to the person in a way the court is reasonably satisfied the person will understand them— the purpose, terms and effect of the proposed exclusion order; what may happen if the person does not comply with the proposed exclusion order, including, for example, that the person may be detained under part 4A ; that the person may apply for a variation of the order under section 129ZF .\n(sec.129ZC-ssec.1A) If the person (the relevant person ) in relation to whom a court made an exclusion order did not appear before the court when the court made the order, before serving the order on the person, the person serving the order must explain, or cause to be explained, to the relevant person— the purpose, terms and effect of the exclusion order; and the consequences of contravening the exclusion order; and that the exclusion order may be varied or revoked on the application of the relevant person or an authorised person.\n(sec.129ZC-ssec.2) The process that a court adopts to explain things mentioned in subsection (1) may include using services of, or help from, other people to the extent the court considers appropriate. The court may arrange for the court’s proper officer or a public service employee at the court, to explain the exclusion order to a person. A local interpreter or the telephone interpreter service may be used to explain the order to the person. Explanatory notes, including explanatory notes prepared for non-English speakers, may be given to the person. The court may arrange with a community government under the Local Government (Community Government Areas) Act 2004 , an indigenous regional council under the Local Government Act 1993 , a community justice group or group of elders for someone to explain the order to the person.\n(sec.129ZC-ssec.3) Failure to comply with this section does not affect the validity of the exclusion order.\n- (a) the purpose, terms and effect of the proposed exclusion order;\n- (b) what may happen if the person does not comply with the proposed exclusion order, including, for example, that the person may be detained under part 4A ;\n- (c) that the person may apply for a variation of the order under section 129ZF .\n- (a) the purpose, terms and effect of the exclusion order; and\n- (b) the consequences of contravening the exclusion order; and\n- (c) that the exclusion order may be varied or revoked on the application of the relevant person or an authorised person.\n- 1 The court may arrange for the court’s proper officer or a public service employee at the court, to explain the exclusion order to a person.\n- 2 A local interpreter or the telephone interpreter service may be used to explain the order to the person.\n- 3 Explanatory notes, including explanatory notes prepared for non-English speakers, may be given to the person.\n- 4 The court may arrange with a community government under the Local Government (Community Government Areas) Act 2004 , an indigenous regional council under the Local Government Act 1993 , a community justice group or group of elders for someone to explain the order to the person.","sortOrder":408},{"sectionNumber":"sec.129ZD","sectionType":"section","heading":"Amendment or revocation of exclusion order generally","content":"### sec.129ZD Amendment or revocation of exclusion order generally\n\nThe following persons may apply, in the approved form, to amend or revoke an exclusion order—\na prosecutor;\nthe person to whom the order applies.\nHowever, the person to whom the exclusion order applies can not apply for an amendment or revocation under this section within 3 months after the order was made.\nHowever, section 129ZF provides for applications by the person to whom an exclusion order applies for variations of particular restrictions under the order if the person’s personal circumstances change.\nThe application—\nmay be made only to a court of equivalent jurisdiction to the court in which the exclusion order was made; and\nmay be made to a court convicting the person to whom the exclusion order applies of a relevant offence or transport indictable offence committed before or after the order was made.\nThe applicant must give a copy of the application to—\nif the applicant is a prosecutor—\nthe person to whom the exclusion order applies; and\nthe chief executive; or\nif the applicant is the person to whom the exclusion order applies—\nthe prosecuting authority; and\nthe chief executive.\nThe applicant must give the copy at least 21 days before the day on which the application is to be heard.\nThe prosecutor and person to whom the exclusion order applies are each entitled to be heard at the hearing of an application.\nA court may amend or revoke the exclusion order only if satisfied there has been a material change in the circumstances of the person to whom the order applies that justifies the amendment or revocation.\nIn this section—\nprosecuting authority means—\nif the prosecutor who appeared before the court when the exclusion order was made was a Crown prosecutor—the director of public prosecutions, or someone authorised to accept the application on the director’s behalf; or\nif the prosecutor who appeared before the court when the exclusion order was made was someone other than a Crown prosecutor—the commissioner of the police service, or someone authorised to accept the application on the commissioner’s behalf.\ns 129ZD ins 2008 No. 67 s 223\namd 2010 No. 13 s 123 ; 2011 No. 12 s 86\n(sec.129ZD-ssec.1) The following persons may apply, in the approved form, to amend or revoke an exclusion order— a prosecutor; the person to whom the order applies.\n(sec.129ZD-ssec.2) However, the person to whom the exclusion order applies can not apply for an amendment or revocation under this section within 3 months after the order was made. However, section 129ZF provides for applications by the person to whom an exclusion order applies for variations of particular restrictions under the order if the person’s personal circumstances change.\n(sec.129ZD-ssec.3) The application— may be made only to a court of equivalent jurisdiction to the court in which the exclusion order was made; and may be made to a court convicting the person to whom the exclusion order applies of a relevant offence or transport indictable offence committed before or after the order was made.\n(sec.129ZD-ssec.4) The applicant must give a copy of the application to— if the applicant is a prosecutor— the person to whom the exclusion order applies; and the chief executive; or if the applicant is the person to whom the exclusion order applies— the prosecuting authority; and the chief executive.\n(sec.129ZD-ssec.5) The applicant must give the copy at least 21 days before the day on which the application is to be heard.\n(sec.129ZD-ssec.6) The prosecutor and person to whom the exclusion order applies are each entitled to be heard at the hearing of an application.\n(sec.129ZD-ssec.7) A court may amend or revoke the exclusion order only if satisfied there has been a material change in the circumstances of the person to whom the order applies that justifies the amendment or revocation.\n(sec.129ZD-ssec.8) In this section— prosecuting authority means— if the prosecutor who appeared before the court when the exclusion order was made was a Crown prosecutor—the director of public prosecutions, or someone authorised to accept the application on the director’s behalf; or if the prosecutor who appeared before the court when the exclusion order was made was someone other than a Crown prosecutor—the commissioner of the police service, or someone authorised to accept the application on the commissioner’s behalf.\n- (a) a prosecutor;\n- (b) the person to whom the order applies.\n- (a) may be made only to a court of equivalent jurisdiction to the court in which the exclusion order was made; and\n- (b) may be made to a court convicting the person to whom the exclusion order applies of a relevant offence or transport indictable offence committed before or after the order was made.\n- (a) if the applicant is a prosecutor— (i) the person to whom the exclusion order applies; and (ii) the chief executive; or\n- (i) the person to whom the exclusion order applies; and\n- (ii) the chief executive; or\n- (b) if the applicant is the person to whom the exclusion order applies— (i) the prosecuting authority; and (ii) the chief executive.\n- (i) the prosecuting authority; and\n- (ii) the chief executive.\n- (i) the person to whom the exclusion order applies; and\n- (ii) the chief executive; or\n- (i) the prosecuting authority; and\n- (ii) the chief executive.\n- (a) if the prosecutor who appeared before the court when the exclusion order was made was a Crown prosecutor—the director of public prosecutions, or someone authorised to accept the application on the director’s behalf; or\n- (b) if the prosecutor who appeared before the court when the exclusion order was made was someone other than a Crown prosecutor—the commissioner of the police service, or someone authorised to accept the application on the commissioner’s behalf.","sortOrder":409},{"sectionNumber":"sec.129ZE","sectionType":"section","heading":"Order to be given to interested persons","content":"### sec.129ZE Order to be given to interested persons\n\nA proper officer of the court that makes, amends or revokes an exclusion order in relation to a person must as soon as possible—\nreduce the order to writing in the approved form; and\ncause a copy of the order to be given or sent to—\nthe person; and\nif the prosecutor who appeared before the court when the order was made was a Crown prosecutor—the director of public prosecutions, or someone authorised to accept the order of the director’s behalf; and\nthe commissioner of the police service, or someone authorised to accept the order on the commissioner’s behalf; and\nthe chief executive.\nWithout limiting subsection (1) (a) , an exclusion order made under this part in relation to a person must state the following—\nthe name of the person;\nthe period for which the order applies;\nthe prohibitions or restrictions that the order imposes.\nFailure to comply with this section does not affect the validity of the exclusion order.\ns 129ZE ins 2008 No. 67 s 223\n(sec.129ZE-ssec.1) A proper officer of the court that makes, amends or revokes an exclusion order in relation to a person must as soon as possible— reduce the order to writing in the approved form; and cause a copy of the order to be given or sent to— the person; and if the prosecutor who appeared before the court when the order was made was a Crown prosecutor—the director of public prosecutions, or someone authorised to accept the order of the director’s behalf; and the commissioner of the police service, or someone authorised to accept the order on the commissioner’s behalf; and the chief executive.\n(sec.129ZE-ssec.2) Without limiting subsection (1) (a) , an exclusion order made under this part in relation to a person must state the following— the name of the person; the period for which the order applies; the prohibitions or restrictions that the order imposes.\n(sec.129ZE-ssec.3) Failure to comply with this section does not affect the validity of the exclusion order.\n- (a) reduce the order to writing in the approved form; and\n- (b) cause a copy of the order to be given or sent to— (i) the person; and (ii) if the prosecutor who appeared before the court when the order was made was a Crown prosecutor—the director of public prosecutions, or someone authorised to accept the order of the director’s behalf; and (iii) the commissioner of the police service, or someone authorised to accept the order on the commissioner’s behalf; and (iv) the chief executive.\n- (i) the person; and\n- (ii) if the prosecutor who appeared before the court when the order was made was a Crown prosecutor—the director of public prosecutions, or someone authorised to accept the order of the director’s behalf; and\n- (iii) the commissioner of the police service, or someone authorised to accept the order on the commissioner’s behalf; and\n- (iv) the chief executive.\n- (i) the person; and\n- (ii) if the prosecutor who appeared before the court when the order was made was a Crown prosecutor—the director of public prosecutions, or someone authorised to accept the order of the director’s behalf; and\n- (iii) the commissioner of the police service, or someone authorised to accept the order on the commissioner’s behalf; and\n- (iv) the chief executive.\n- (a) the name of the person;\n- (b) the period for which the order applies;\n- (c) the prohibitions or restrictions that the order imposes.","sortOrder":410},{"sectionNumber":"sec.129ZF","sectionType":"section","heading":"Amendment of exclusion order that restricts access for changes in personal circumstances","content":"### sec.129ZF Amendment of exclusion order that restricts access for changes in personal circumstances\n\nThis section applies if—\na court makes, in relation to a person, an exclusion order that restricts the person’s use of the public transport network on the basis of particular personal circumstances of the person; and\nthe personal circumstances have changed.\nA court makes an exclusion order in relation to a person that restricts the person’s use of the public transport network to only permit travel to and from a place of work, and the person’s place of work changes.\nThe person may apply to a court of equivalent jurisdiction to the court in which the exclusion order was made for an order (an exclusion variation order ) to vary the restrictions that, under the exclusion order, apply to the person’s use of the public transport network.\nAn application for an exclusion variation order must—\nbe in the approved form; and\nbe accompanied by—\nan affidavit made by the person outlining why the variation mentioned in the application is necessary; and\nthe information, or details of the information, the applicant intends to rely on for the application.\nSubsection (3) does not prevent the applicant from producing further evidence at the hearing of the application.\nA court to which an application for an exclusion variation order is made may vary the restrictions applying under the exclusion order only if the court—\nhas had regard to—\nthe restrictions and the matters mentioned in section 129ZB ; and\nwhether the applicant has contravened the exclusion order other than in circumstances mentioned in section 129ZG (2) ; and\nconsiders the justice of the case requires it to vary the restrictions.\nAn exclusion variation order must state the restrictions, as varied, that are to apply to the applicant’s use of the public transport network for the remainder of the period for which the exclusion order applies in relation to the applicant.\nA proper officer of the court that makes an exclusion variation order in relation to a person must as soon as possible—\nreduce the order to writing in the approved form; and\ncause a copy of the order to be given or sent to each person mentioned in section 129ZE (1) (b) .\nFailure to comply with subsection (6) or (7) does not affect the validity of the exclusion variation order.\ns 129ZF ins 2008 No. 67 s 223\n(sec.129ZF-ssec.1) This section applies if— a court makes, in relation to a person, an exclusion order that restricts the person’s use of the public transport network on the basis of particular personal circumstances of the person; and the personal circumstances have changed. A court makes an exclusion order in relation to a person that restricts the person’s use of the public transport network to only permit travel to and from a place of work, and the person’s place of work changes.\n(sec.129ZF-ssec.2) The person may apply to a court of equivalent jurisdiction to the court in which the exclusion order was made for an order (an exclusion variation order ) to vary the restrictions that, under the exclusion order, apply to the person’s use of the public transport network.\n(sec.129ZF-ssec.3) An application for an exclusion variation order must— be in the approved form; and be accompanied by— an affidavit made by the person outlining why the variation mentioned in the application is necessary; and the information, or details of the information, the applicant intends to rely on for the application.\n(sec.129ZF-ssec.4) Subsection (3) does not prevent the applicant from producing further evidence at the hearing of the application.\n(sec.129ZF-ssec.5) A court to which an application for an exclusion variation order is made may vary the restrictions applying under the exclusion order only if the court— has had regard to— the restrictions and the matters mentioned in section 129ZB ; and whether the applicant has contravened the exclusion order other than in circumstances mentioned in section 129ZG (2) ; and considers the justice of the case requires it to vary the restrictions.\n(sec.129ZF-ssec.6) An exclusion variation order must state the restrictions, as varied, that are to apply to the applicant’s use of the public transport network for the remainder of the period for which the exclusion order applies in relation to the applicant.\n(sec.129ZF-ssec.7) A proper officer of the court that makes an exclusion variation order in relation to a person must as soon as possible— reduce the order to writing in the approved form; and cause a copy of the order to be given or sent to each person mentioned in section 129ZE (1) (b) .\n(sec.129ZF-ssec.8) Failure to comply with subsection (6) or (7) does not affect the validity of the exclusion variation order.\n- (a) a court makes, in relation to a person, an exclusion order that restricts the person’s use of the public transport network on the basis of particular personal circumstances of the person; and\n- (b) the personal circumstances have changed.\n- (a) be in the approved form; and\n- (b) be accompanied by— (i) an affidavit made by the person outlining why the variation mentioned in the application is necessary; and (ii) the information, or details of the information, the applicant intends to rely on for the application.\n- (i) an affidavit made by the person outlining why the variation mentioned in the application is necessary; and\n- (ii) the information, or details of the information, the applicant intends to rely on for the application.\n- (i) an affidavit made by the person outlining why the variation mentioned in the application is necessary; and\n- (ii) the information, or details of the information, the applicant intends to rely on for the application.\n- (a) has had regard to— (i) the restrictions and the matters mentioned in section 129ZB ; and (ii) whether the applicant has contravened the exclusion order other than in circumstances mentioned in section 129ZG (2) ; and\n- (i) the restrictions and the matters mentioned in section 129ZB ; and\n- (ii) whether the applicant has contravened the exclusion order other than in circumstances mentioned in section 129ZG (2) ; and\n- (b) considers the justice of the case requires it to vary the restrictions.\n- (i) the restrictions and the matters mentioned in section 129ZB ; and\n- (ii) whether the applicant has contravened the exclusion order other than in circumstances mentioned in section 129ZG (2) ; and\n- (a) reduce the order to writing in the approved form; and\n- (b) cause a copy of the order to be given or sent to each person mentioned in section 129ZE (1) (b) .","sortOrder":411},{"sectionNumber":"sec.129ZG","sectionType":"section","heading":"Offence to contravene exclusion order","content":"### sec.129ZG Offence to contravene exclusion order\n\nA person to whom an exclusion order applies must not contravene the order, unless the person has a reasonable excuse.\nMaximum penalty—40 penalty units or 6 months imprisonment.\nWithout limiting what may constitute a reasonable excuse for subsection (1) , it is a reasonable excuse for a person to contravene an exclusion order applying to the person—\nif, when the contravention happened, the person was not aware, and was reasonably not aware, that the order had been made; or\nif the person is contravening the exclusion order because of an emergency; or\nif—\nthe person has applied for an exclusion variation order under section 129ZF ; and\nthe court has not decided the application; and\nthe contravention of the exclusion order relates reasonably to the changed circumstances in relation to which the exclusion variation order is sought.\nA person to whom an exclusion order applies has a reasonable excuse if—\nthe person has applied for a variation of the exclusion order because—\nit restricts the person’s use of the public transport network to only permit travel to and from the person’s place of work; and\nthe person’s place of work has changed; and\nthe person uses the public transport network, in contravention of the exclusion order, to travel to and from the new place of work while the court is considering the application.\nIf a court that convicts a person of an offence against subsection (1) is of equivalent jurisdiction to the court that made the exclusion order, the court may, in addition to or instead of sentencing the person under subsection (1) , amend the order.\ns 129ZG ins 2008 No. 67 s 223\namd 2011 No. 12 s 87\n(sec.129ZG-ssec.1) A person to whom an exclusion order applies must not contravene the order, unless the person has a reasonable excuse. Maximum penalty—40 penalty units or 6 months imprisonment.\n(sec.129ZG-ssec.2) Without limiting what may constitute a reasonable excuse for subsection (1) , it is a reasonable excuse for a person to contravene an exclusion order applying to the person— if, when the contravention happened, the person was not aware, and was reasonably not aware, that the order had been made; or if the person is contravening the exclusion order because of an emergency; or if— the person has applied for an exclusion variation order under section 129ZF ; and the court has not decided the application; and the contravention of the exclusion order relates reasonably to the changed circumstances in relation to which the exclusion variation order is sought. A person to whom an exclusion order applies has a reasonable excuse if— the person has applied for a variation of the exclusion order because— it restricts the person’s use of the public transport network to only permit travel to and from the person’s place of work; and the person’s place of work has changed; and the person uses the public transport network, in contravention of the exclusion order, to travel to and from the new place of work while the court is considering the application.\n(sec.129ZG-ssec.3) If a court that convicts a person of an offence against subsection (1) is of equivalent jurisdiction to the court that made the exclusion order, the court may, in addition to or instead of sentencing the person under subsection (1) , amend the order.\n- (a) if, when the contravention happened, the person was not aware, and was reasonably not aware, that the order had been made; or\n- (b) if the person is contravening the exclusion order because of an emergency; or\n- (c) if— (i) the person has applied for an exclusion variation order under section 129ZF ; and (ii) the court has not decided the application; and (iii) the contravention of the exclusion order relates reasonably to the changed circumstances in relation to which the exclusion variation order is sought. Example for paragraph (c) — A person to whom an exclusion order applies has a reasonable excuse if— (a) the person has applied for a variation of the exclusion order because— (i) it restricts the person’s use of the public transport network to only permit travel to and from the person’s place of work; and (ii) the person’s place of work has changed; and (b) the person uses the public transport network, in contravention of the exclusion order, to travel to and from the new place of work while the court is considering the application.\n- (i) the person has applied for an exclusion variation order under section 129ZF ; and\n- (ii) the court has not decided the application; and\n- (iii) the contravention of the exclusion order relates reasonably to the changed circumstances in relation to which the exclusion variation order is sought.\n- (a) the person has applied for a variation of the exclusion order because— (i) it restricts the person’s use of the public transport network to only permit travel to and from the person’s place of work; and (ii) the person’s place of work has changed; and\n- (i) it restricts the person’s use of the public transport network to only permit travel to and from the person’s place of work; and\n- (ii) the person’s place of work has changed; and\n- (b) the person uses the public transport network, in contravention of the exclusion order, to travel to and from the new place of work while the court is considering the application.\n- (i) the person has applied for an exclusion variation order under section 129ZF ; and\n- (ii) the court has not decided the application; and\n- (iii) the contravention of the exclusion order relates reasonably to the changed circumstances in relation to which the exclusion variation order is sought.\n- (a) the person has applied for a variation of the exclusion order because— (i) it restricts the person’s use of the public transport network to only permit travel to and from the person’s place of work; and (ii) the person’s place of work has changed; and\n- (i) it restricts the person’s use of the public transport network to only permit travel to and from the person’s place of work; and\n- (ii) the person’s place of work has changed; and\n- (b) the person uses the public transport network, in contravention of the exclusion order, to travel to and from the new place of work while the court is considering the application.\n- (i) it restricts the person’s use of the public transport network to only permit travel to and from the person’s place of work; and\n- (ii) the person’s place of work has changed; and","sortOrder":412},{"sectionNumber":"ch.11-pt.4C","sectionType":"part","heading":"Powers of court to make civil banning orders for protecting the public or property","content":"# Powers of court to make civil banning orders for protecting the public or property","sortOrder":413},{"sectionNumber":"ch.11-pt.4C-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":414},{"sectionNumber":"sec.129ZH","sectionType":"section","heading":"Definitions for pt 4C","content":"### sec.129ZH Definitions for pt 4C\n\nIn this part—\nact of violence includes an attempted or threatened act of violence.\nauthorised person means—\nthe chief executive; or\na police officer.\ncivil banning order see section 129ZJ (1) .\ninterim civil banning order see section 129ZP (2) .\nrespondent see section 129ZJ (1) .\ns 129ZH ins 2011 No. 12 s 88\n- (a) the chief executive; or\n- (b) a police officer.","sortOrder":415},{"sectionNumber":"sec.129ZI","sectionType":"section","heading":"Purpose of pt 4C","content":"### sec.129ZI Purpose of pt 4C\n\nThe purpose of this part is to provide for the making of civil banning orders to help—\nensure the safety and security of persons using the public transport network; and\npreserve the amenity and condition of the public transport network; and\nprotect revenue from the public transport network.\ns 129ZI ins 2011 No. 12 s 88\n- (a) ensure the safety and security of persons using the public transport network; and\n- (b) preserve the amenity and condition of the public transport network; and\n- (c) protect revenue from the public transport network.","sortOrder":416},{"sectionNumber":"ch.11-pt.4C-div.2","sectionType":"division","heading":"Orders","content":"## Orders","sortOrder":417},{"sectionNumber":"sec.129ZJ","sectionType":"section","heading":"What is a civil banning order","content":"### sec.129ZJ What is a civil banning order\n\nA civil banning order is an order made in relation to a person who is an adult (the respondent ) that prohibits the respondent, until a stated date, from doing, or attempting to do, any of the following—\nusing the public transport network for a period of not more than 12 months; or\nrestricting, for a period of not more than 12 months, a person’s use of the public transport network in 1 or more of the following ways—\nrestricting the general route services or public transport infrastructure the person may use;\nrestricting the days, or the times or periods of a day, when the person may use the public transport network;\nrestricting the use of the public transport network to during the day only\nrestricting the use of the public transport network to weekdays only\nrestricting the purpose for which the person may use the public transport network.\nrestricting the use of the public transport network to travel to and from work or an educational institution\nrestricting the use of the public transport network to travel to and from a hospital or another place providing medical treatment\nThe stated date in the civil banning order must be a date no later than 12 months after—\nif an interim civil banning order is made—the day on which the interim civil banning order is made; or\notherwise—the day on which the civil banning order is made.\nA civil banning order takes effect—\nif the respondent or a legal or other representative of the respondent is present at the hearing of the application—when it is made; or\notherwise—when the order is served on the respondent.\ns 129ZJ ins 2011 No. 12 s 88\n(sec.129ZJ-ssec.1) A civil banning order is an order made in relation to a person who is an adult (the respondent ) that prohibits the respondent, until a stated date, from doing, or attempting to do, any of the following— using the public transport network for a period of not more than 12 months; or restricting, for a period of not more than 12 months, a person’s use of the public transport network in 1 or more of the following ways— restricting the general route services or public transport infrastructure the person may use; restricting the days, or the times or periods of a day, when the person may use the public transport network; restricting the use of the public transport network to during the day only restricting the use of the public transport network to weekdays only restricting the purpose for which the person may use the public transport network. restricting the use of the public transport network to travel to and from work or an educational institution restricting the use of the public transport network to travel to and from a hospital or another place providing medical treatment\n(sec.129ZJ-ssec.2) The stated date in the civil banning order must be a date no later than 12 months after— if an interim civil banning order is made—the day on which the interim civil banning order is made; or otherwise—the day on which the civil banning order is made.\n(sec.129ZJ-ssec.3) A civil banning order takes effect— if the respondent or a legal or other representative of the respondent is present at the hearing of the application—when it is made; or otherwise—when the order is served on the respondent.\n- (a) using the public transport network for a period of not more than 12 months; or\n- (b) restricting, for a period of not more than 12 months, a person’s use of the public transport network in 1 or more of the following ways— (i) restricting the general route services or public transport infrastructure the person may use; (ii) restricting the days, or the times or periods of a day, when the person may use the public transport network; Examples— • restricting the use of the public transport network to during the day only • restricting the use of the public transport network to weekdays only (iii) restricting the purpose for which the person may use the public transport network. Examples— • restricting the use of the public transport network to travel to and from work or an educational institution • restricting the use of the public transport network to travel to and from a hospital or another place providing medical treatment\n- (i) restricting the general route services or public transport infrastructure the person may use;\n- (ii) restricting the days, or the times or periods of a day, when the person may use the public transport network; Examples— • restricting the use of the public transport network to during the day only • restricting the use of the public transport network to weekdays only\n- • restricting the use of the public transport network to during the day only\n- • restricting the use of the public transport network to weekdays only\n- (iii) restricting the purpose for which the person may use the public transport network. Examples— • restricting the use of the public transport network to travel to and from work or an educational institution • restricting the use of the public transport network to travel to and from a hospital or another place providing medical treatment\n- • restricting the use of the public transport network to travel to and from work or an educational institution\n- • restricting the use of the public transport network to travel to and from a hospital or another place providing medical treatment\n- (i) restricting the general route services or public transport infrastructure the person may use;\n- (ii) restricting the days, or the times or periods of a day, when the person may use the public transport network; Examples— • restricting the use of the public transport network to during the day only • restricting the use of the public transport network to weekdays only\n- • restricting the use of the public transport network to during the day only\n- • restricting the use of the public transport network to weekdays only\n- (iii) restricting the purpose for which the person may use the public transport network. Examples— • restricting the use of the public transport network to travel to and from work or an educational institution • restricting the use of the public transport network to travel to and from a hospital or another place providing medical treatment\n- • restricting the use of the public transport network to travel to and from work or an educational institution\n- • restricting the use of the public transport network to travel to and from a hospital or another place providing medical treatment\n- • restricting the use of the public transport network to during the day only\n- • restricting the use of the public transport network to weekdays only\n- • restricting the use of the public transport network to travel to and from work or an educational institution\n- • restricting the use of the public transport network to travel to and from a hospital or another place providing medical treatment\n- (a) if an interim civil banning order is made—the day on which the interim civil banning order is made; or\n- (b) otherwise—the day on which the civil banning order is made.\n- (a) if the respondent or a legal or other representative of the respondent is present at the hearing of the application—when it is made; or\n- (b) otherwise—when the order is served on the respondent.","sortOrder":418},{"sectionNumber":"sec.129ZK","sectionType":"section","heading":"Who may apply for a civil banning order","content":"### sec.129ZK Who may apply for a civil banning order\n\nAn authorised person may apply to a Magistrates Court for a civil banning order to be made in relation to a respondent.\ns 129ZK ins 2011 No. 12 s 88","sortOrder":419},{"sectionNumber":"sec.129ZL","sectionType":"section","heading":"Application for a civil banning order","content":"### sec.129ZL Application for a civil banning order\n\nAn application for a civil banning order in relation to a respondent must state the following—\nthe name of the respondent;\nthe details of the order sought;\nthe information necessary to satisfy the court of the matters mentioned in section 129ZO (1) or (2) (a) to (f) ;\nthe details of any previous application for a civil banning order for the respondent and the outcome of the application;\nthat affidavits in response to the application may be filed under section 129ZM ;\nthat the application may, under section 129ZN (2) , be decided in the respondent’s absence.\nThe application must state that, if the respondent would like the court hearing the application to consider a matter mentioned in section 129ZO (2) (g) to (i) , the respondent must provide information about the matter to the court.\nThe application must be accompanied by any affidavit the authorised person intends to rely on at the hearing of the application.\nThe application, with any accompanying affidavit, must be—\nfiled in the court; and\nserved on the respondent within 10 business days after being filed.\ns 129ZL ins 2011 No. 12 s 88\namd 2012 No. 31 s 23\n(sec.129ZL-ssec.1) An application for a civil banning order in relation to a respondent must state the following— the name of the respondent; the details of the order sought; the information necessary to satisfy the court of the matters mentioned in section 129ZO (1) or (2) (a) to (f) ; the details of any previous application for a civil banning order for the respondent and the outcome of the application; that affidavits in response to the application may be filed under section 129ZM ; that the application may, under section 129ZN (2) , be decided in the respondent’s absence.\n(sec.129ZL-ssec.2) The application must state that, if the respondent would like the court hearing the application to consider a matter mentioned in section 129ZO (2) (g) to (i) , the respondent must provide information about the matter to the court.\n(sec.129ZL-ssec.3) The application must be accompanied by any affidavit the authorised person intends to rely on at the hearing of the application.\n(sec.129ZL-ssec.4) The application, with any accompanying affidavit, must be— filed in the court; and served on the respondent within 10 business days after being filed.\n- (a) the name of the respondent;\n- (b) the details of the order sought;\n- (c) the information necessary to satisfy the court of the matters mentioned in section 129ZO (1) or (2) (a) to (f) ;\n- (d) the details of any previous application for a civil banning order for the respondent and the outcome of the application;\n- (e) that affidavits in response to the application may be filed under section 129ZM ;\n- (f) that the application may, under section 129ZN (2) , be decided in the respondent’s absence.\n- (a) filed in the court; and\n- (b) served on the respondent within 10 business days after being filed.","sortOrder":420},{"sectionNumber":"sec.129ZM","sectionType":"section","heading":"Response by respondent","content":"### sec.129ZM Response by respondent\n\nThe respondent may file affidavits to be relied on by the respondent for the hearing of the application.\nThe respondent must file the affidavits within 28 business days after the day the application is filed.\ns 129ZM ins 2011 No. 12 s 88\n(sec.129ZM-ssec.1) The respondent may file affidavits to be relied on by the respondent for the hearing of the application.\n(sec.129ZM-ssec.2) The respondent must file the affidavits within 28 business days after the day the application is filed.","sortOrder":421},{"sectionNumber":"sec.129ZN","sectionType":"section","heading":"Hearing of application","content":"### sec.129ZN Hearing of application\n\nIf a respondent appears before the court that is to hear and decide an application for a civil banning order, the court may—\nhear and decide the application; or\nadjourn the application, whether or not it makes an interim civil banning order; or\ndismiss the application.\nIf a respondent fails to appear before the court that is to hear and decide the application for a civil banning order and the court is satisfied that a copy of the application has been served on the respondent, the court may—\nproceed to hear and decide the application in the absence of the respondent; or\nadjourn the application, whether or not it makes an interim civil banning order; or\ndismiss the application.\ns 129ZN ins 2011 No. 12 s 88\n(sec.129ZN-ssec.1) If a respondent appears before the court that is to hear and decide an application for a civil banning order, the court may— hear and decide the application; or adjourn the application, whether or not it makes an interim civil banning order; or dismiss the application.\n(sec.129ZN-ssec.2) If a respondent fails to appear before the court that is to hear and decide the application for a civil banning order and the court is satisfied that a copy of the application has been served on the respondent, the court may— proceed to hear and decide the application in the absence of the respondent; or adjourn the application, whether or not it makes an interim civil banning order; or dismiss the application.\n- (a) hear and decide the application; or\n- (b) adjourn the application, whether or not it makes an interim civil banning order; or\n- (c) dismiss the application.\n- (a) proceed to hear and decide the application in the absence of the respondent; or\n- (b) adjourn the application, whether or not it makes an interim civil banning order; or\n- (c) dismiss the application.","sortOrder":422},{"sectionNumber":"sec.129ZO","sectionType":"section","heading":"Making a civil banning order","content":"### sec.129ZO Making a civil banning order\n\nThe court may make a civil banning order for a respondent if satisfied—\neither—\nwithin 12 months before the date of the application for the civil banning order, the respondent committed a relevant act of violence; or\nwithin any 12-month period occurring in the 2 years before the date of the application for the civil banning order, the respondent was served 10 or more infringement notices for a relevant offence or relevant offences; and\nif paragraph (a) (ii) applies, the infringement notices have been dealt with under the State Penalties Enforcement Act 1999 ; and\nunless the order is made, the respondent would pose an unacceptable risk to—\nthe good order or management of the public transport network; or\nthe safety and welfare of persons using the public transport network.\nIn considering whether to make, or the terms of, the order, the court must have regard to all of the circumstances of the case, including the following—\nwhether the respondent is, or has been, subject to another civil banning order;\nwhether the respondent is subject to a condition, relating to the use of the public transport network, under the Bail Act 1980 , section 11 ;\nwhether the respondent, or any other person, was charged with an offence arising out of the act of violence mentioned in subsection (1) (a) (i) and the result of any proceeding in relation to the charge;\nwhether the respondent, or any other person, was charged with an offence arising out of a relevant offence mentioned in subsection (1) (a) (ii) and the result of any proceeding in relation to the charge;\nwhether the respondent is subject to an exclusion order;\nthe respondent’s criminal history;\nwhether the making of the order is likely to cause undue hardship to the respondent or the respondent’s family—\nby depriving the respondent of the respondent’s way of earning a living; or\nin another way, including, for example, by depriving the respondent of the ability—\nto study; or\nto maintain the respondent’s health or the health of a member of the respondent’s family;\nthe effect the order would have on the respondent’s safety and wellbeing, having regard to the respondent’s age and any physical, intellectual or psychiatric disability;\nany other of the respondent’s personal circumstances and the likely effect of the order on those circumstances.\nThis section does not limit the matters to which the court may have regard in considering whether or not to make, or the terms of, a civil banning order under this part in relation to a person.\nThe court may impose any conditions it considers necessary on a civil banning order.\nThe court may make a civil banning order whether or not the respondent has been charged with, convicted of, acquitted of, or sentenced for an offence arising out of the act of violence mentioned in subsection (1) (a) (i) .\nFor subsection (7) , definition dealt with , a reference in the State Penalties Enforcement Act 1999 to an alleged offender is taken to be a reference to the respondent.\nIn this section—\ndealt with , for an infringement notice for a relevant offence served on a respondent, means one of the following has happened under the State Penalties Enforcement Act 1999 —\nthe respondent has paid the fine for the infringement notice in full;\nthe respondent has elected to have the matter of the relevant offence dealt with by a Magistrates Court and the matter has been finally decided against the respondent;\nthe respondent has applied for approval to pay the fine for the infringement notice by instalments;\nan order has been made against the respondent for the relevant offence under section 38 of that Act.\nrelevant act of violence means an act of violence—\ncommitted by a person on the public transport network, against another person or property, without a reasonable excuse; and\nof a nature that would cause a person on public transport infrastructure to reasonably fear bodily harm to any person or damage to property.\ns 129ZO ins 2011 No. 12 s 88\namd 2012 No. 31 s 24\namd 2017 No. 13 s 90 sch 1 (amd 2017 No. 18 s 37 sch 1 ) (uncommenced amendment)\n(sec.129ZO-ssec.1) The court may make a civil banning order for a respondent if satisfied— either— within 12 months before the date of the application for the civil banning order, the respondent committed a relevant act of violence; or within any 12-month period occurring in the 2 years before the date of the application for the civil banning order, the respondent was served 10 or more infringement notices for a relevant offence or relevant offences; and if paragraph (a) (ii) applies, the infringement notices have been dealt with under the State Penalties Enforcement Act 1999 ; and unless the order is made, the respondent would pose an unacceptable risk to— the good order or management of the public transport network; or the safety and welfare of persons using the public transport network.\n(sec.129ZO-ssec.2) In considering whether to make, or the terms of, the order, the court must have regard to all of the circumstances of the case, including the following— whether the respondent is, or has been, subject to another civil banning order; whether the respondent is subject to a condition, relating to the use of the public transport network, under the Bail Act 1980 , section 11 ; whether the respondent, or any other person, was charged with an offence arising out of the act of violence mentioned in subsection (1) (a) (i) and the result of any proceeding in relation to the charge; whether the respondent, or any other person, was charged with an offence arising out of a relevant offence mentioned in subsection (1) (a) (ii) and the result of any proceeding in relation to the charge; whether the respondent is subject to an exclusion order; the respondent’s criminal history; whether the making of the order is likely to cause undue hardship to the respondent or the respondent’s family— by depriving the respondent of the respondent’s way of earning a living; or in another way, including, for example, by depriving the respondent of the ability— to study; or to maintain the respondent’s health or the health of a member of the respondent’s family; the effect the order would have on the respondent’s safety and wellbeing, having regard to the respondent’s age and any physical, intellectual or psychiatric disability; any other of the respondent’s personal circumstances and the likely effect of the order on those circumstances.\n(sec.129ZO-ssec.3) This section does not limit the matters to which the court may have regard in considering whether or not to make, or the terms of, a civil banning order under this part in relation to a person.\n(sec.129ZO-ssec.4) The court may impose any conditions it considers necessary on a civil banning order.\n(sec.129ZO-ssec.5) The court may make a civil banning order whether or not the respondent has been charged with, convicted of, acquitted of, or sentenced for an offence arising out of the act of violence mentioned in subsection (1) (a) (i) .\n(sec.129ZO-ssec.6) For subsection (7) , definition dealt with , a reference in the State Penalties Enforcement Act 1999 to an alleged offender is taken to be a reference to the respondent.\n(sec.129ZO-ssec.7) In this section— dealt with , for an infringement notice for a relevant offence served on a respondent, means one of the following has happened under the State Penalties Enforcement Act 1999 — the respondent has paid the fine for the infringement notice in full; the respondent has elected to have the matter of the relevant offence dealt with by a Magistrates Court and the matter has been finally decided against the respondent; the respondent has applied for approval to pay the fine for the infringement notice by instalments; an order has been made against the respondent for the relevant offence under section 38 of that Act. relevant act of violence means an act of violence— committed by a person on the public transport network, against another person or property, without a reasonable excuse; and of a nature that would cause a person on public transport infrastructure to reasonably fear bodily harm to any person or damage to property.\n- (a) either— (i) within 12 months before the date of the application for the civil banning order, the respondent committed a relevant act of violence; or (ii) within any 12-month period occurring in the 2 years before the date of the application for the civil banning order, the respondent was served 10 or more infringement notices for a relevant offence or relevant offences; and\n- (i) within 12 months before the date of the application for the civil banning order, the respondent committed a relevant act of violence; or\n- (ii) within any 12-month period occurring in the 2 years before the date of the application for the civil banning order, the respondent was served 10 or more infringement notices for a relevant offence or relevant offences; and\n- (b) if paragraph (a) (ii) applies, the infringement notices have been dealt with under the State Penalties Enforcement Act 1999 ; and\n- (c) unless the order is made, the respondent would pose an unacceptable risk to— (i) the good order or management of the public transport network; or (ii) the safety and welfare of persons using the public transport network.\n- (i) the good order or management of the public transport network; or\n- (ii) the safety and welfare of persons using the public transport network.\n- (i) within 12 months before the date of the application for the civil banning order, the respondent committed a relevant act of violence; or\n- (ii) within any 12-month period occurring in the 2 years before the date of the application for the civil banning order, the respondent was served 10 or more infringement notices for a relevant offence or relevant offences; and\n- (i) the good order or management of the public transport network; or\n- (ii) the safety and welfare of persons using the public transport network.\n- (a) whether the respondent is, or has been, subject to another civil banning order;\n- (b) whether the respondent is subject to a condition, relating to the use of the public transport network, under the Bail Act 1980 , section 11 ;\n- (c) whether the respondent, or any other person, was charged with an offence arising out of the act of violence mentioned in subsection (1) (a) (i) and the result of any proceeding in relation to the charge;\n- (d) whether the respondent, or any other person, was charged with an offence arising out of a relevant offence mentioned in subsection (1) (a) (ii) and the result of any proceeding in relation to the charge;\n- (e) whether the respondent is subject to an exclusion order;\n- (f) the respondent’s criminal history;\n- (g) whether the making of the order is likely to cause undue hardship to the respondent or the respondent’s family— (i) by depriving the respondent of the respondent’s way of earning a living; or (ii) in another way, including, for example, by depriving the respondent of the ability— (A) to study; or (B) to maintain the respondent’s health or the health of a member of the respondent’s family;\n- (i) by depriving the respondent of the respondent’s way of earning a living; or\n- (ii) in another way, including, for example, by depriving the respondent of the ability— (A) to study; or (B) to maintain the respondent’s health or the health of a member of the respondent’s family;\n- (A) to study; or\n- (B) to maintain the respondent’s health or the health of a member of the respondent’s family;\n- (h) the effect the order would have on the respondent’s safety and wellbeing, having regard to the respondent’s age and any physical, intellectual or psychiatric disability;\n- (i) any other of the respondent’s personal circumstances and the likely effect of the order on those circumstances.\n- (i) by depriving the respondent of the respondent’s way of earning a living; or\n- (ii) in another way, including, for example, by depriving the respondent of the ability— (A) to study; or (B) to maintain the respondent’s health or the health of a member of the respondent’s family;\n- (A) to study; or\n- (B) to maintain the respondent’s health or the health of a member of the respondent’s family;\n- (A) to study; or\n- (B) to maintain the respondent’s health or the health of a member of the respondent’s family;\n- (a) the respondent has paid the fine for the infringement notice in full;\n- (b) the respondent has elected to have the matter of the relevant offence dealt with by a Magistrates Court and the matter has been finally decided against the respondent;\n- (c) the respondent has applied for approval to pay the fine for the infringement notice by instalments;\n- (d) an order has been made against the respondent for the relevant offence under section 38 of that Act.\n- (a) committed by a person on the public transport network, against another person or property, without a reasonable excuse; and\n- (b) of a nature that would cause a person on public transport infrastructure to reasonably fear bodily harm to any person or damage to property.","sortOrder":423},{"sectionNumber":"sec.129ZP","sectionType":"section","heading":"Interim civil banning order","content":"### sec.129ZP Interim civil banning order\n\nThis section applies if an authorised person has made an application, under section 129ZL , for a civil banning order for a respondent.\nThe authorised person may apply to a Magistrates Court for an order (an interim civil banning order ) for the respondent to be in force until—\nthe court finally decides the application for the civil banning order; or\nthe application for the civil banning order otherwise ends.\nThe application for the interim civil banning order must state—\nthe information necessary to satisfy the court of the matters mentioned in subsection (7) ; and\nthat affidavits in response to the application may be filed under subsection (5) ; and\nthat the application may, under subsection (8) , be decided in the respondent’s absence.\nThe application, with any accompanying affidavit, must be—\nfiled in the court; and\nserved on the respondent within 5 business days after being filed.\nThe respondent may file affidavits to be relied on by the respondent for the hearing of the application.\nThe respondent must file the affidavits within 15 business days after the day the application is filed.\nThe court may make the interim civil banning order if the court is satisfied—\nthe application has been served on the respondent; and\nthere are reasonable grounds for believing there is sufficient basis to make a civil banning order.\nThe interim civil banning order may be made whether or not the respondent appears before the court or makes submissions.\nAn interim civil banning order may prohibit the respondent from doing, or attempting to do, anything that a person may be prohibited from doing by a civil banning order.\nAn interim civil banning order takes effect—\nif the respondent or a legal or other representative of the respondent is present at the hearing of the application—when it is made; or\notherwise—when the order is served on the respondent.\ns 129ZP ins 2011 No. 12 s 88\n(sec.129ZP-ssec.1) This section applies if an authorised person has made an application, under section 129ZL , for a civil banning order for a respondent.\n(sec.129ZP-ssec.2) The authorised person may apply to a Magistrates Court for an order (an interim civil banning order ) for the respondent to be in force until— the court finally decides the application for the civil banning order; or the application for the civil banning order otherwise ends.\n(sec.129ZP-ssec.3) The application for the interim civil banning order must state— the information necessary to satisfy the court of the matters mentioned in subsection (7) ; and that affidavits in response to the application may be filed under subsection (5) ; and that the application may, under subsection (8) , be decided in the respondent’s absence.\n(sec.129ZP-ssec.4) The application, with any accompanying affidavit, must be— filed in the court; and served on the respondent within 5 business days after being filed.\n(sec.129ZP-ssec.5) The respondent may file affidavits to be relied on by the respondent for the hearing of the application.\n(sec.129ZP-ssec.6) The respondent must file the affidavits within 15 business days after the day the application is filed.\n(sec.129ZP-ssec.7) The court may make the interim civil banning order if the court is satisfied— the application has been served on the respondent; and there are reasonable grounds for believing there is sufficient basis to make a civil banning order.\n(sec.129ZP-ssec.8) The interim civil banning order may be made whether or not the respondent appears before the court or makes submissions.\n(sec.129ZP-ssec.9) An interim civil banning order may prohibit the respondent from doing, or attempting to do, anything that a person may be prohibited from doing by a civil banning order.\n(sec.129ZP-ssec.10) An interim civil banning order takes effect— if the respondent or a legal or other representative of the respondent is present at the hearing of the application—when it is made; or otherwise—when the order is served on the respondent.\n- (a) the court finally decides the application for the civil banning order; or\n- (b) the application for the civil banning order otherwise ends.\n- (a) the information necessary to satisfy the court of the matters mentioned in subsection (7) ; and\n- (b) that affidavits in response to the application may be filed under subsection (5) ; and\n- (c) that the application may, under subsection (8) , be decided in the respondent’s absence.\n- (a) filed in the court; and\n- (b) served on the respondent within 5 business days after being filed.\n- (a) the application has been served on the respondent; and\n- (b) there are reasonable grounds for believing there is sufficient basis to make a civil banning order.\n- (a) if the respondent or a legal or other representative of the respondent is present at the hearing of the application—when it is made; or\n- (b) otherwise—when the order is served on the respondent.","sortOrder":424},{"sectionNumber":"sec.129ZQ","sectionType":"section","heading":"Varying or revoking civil banning order for changes in circumstances","content":"### sec.129ZQ Varying or revoking civil banning order for changes in circumstances\n\nThe following persons may apply (the applicant ) to the Magistrates Court for an order to vary or revoke a civil banning order—\nan authorised person;\nthe respondent.\nHowever, the respondent may not, without the leave of the court, make the application until at least 3 months after the civil banning order is made.\nThe application must—\nbe in the approved form; and\nbe accompanied by—\nan affidavit made by the applicant outlining why the variation or revocation mentioned in the application is necessary; and\nthe information, or details of the information, the applicant intends to rely on for the application.\nWithin 14 business days after the application is filed, the applicant must give a copy of the application to—\nif the applicant is the respondent—the authorised person; or\nif the applicant is an authorised person—the respondent.\nThe authorised person and respondent are each entitled to be heard at the hearing of the application.\nIf the respondent makes the application, subsection (3) does not prevent the respondent from producing further evidence at the hearing of the application.\nThe court may vary or revoke a civil banning order only if the court—\nhas had regard to—\nthe matters mentioned in section 129ZO so far as they are relevant to the application; and\nwhether the respondent has, without a reasonable excuse under section 129ZZ , contravened the civil banning order; and\nis satisfied there has been a material change in the circumstances of the respondent that justifies the variation or revocation; and\nconsiders the justice of the case requires the variation or revocation.\ns 129ZQ ins 2011 No. 12 s 88\n(sec.129ZQ-ssec.1) The following persons may apply (the applicant ) to the Magistrates Court for an order to vary or revoke a civil banning order— an authorised person; the respondent.\n(sec.129ZQ-ssec.2) However, the respondent may not, without the leave of the court, make the application until at least 3 months after the civil banning order is made.\n(sec.129ZQ-ssec.3) The application must— be in the approved form; and be accompanied by— an affidavit made by the applicant outlining why the variation or revocation mentioned in the application is necessary; and the information, or details of the information, the applicant intends to rely on for the application.\n(sec.129ZQ-ssec.4) Within 14 business days after the application is filed, the applicant must give a copy of the application to— if the applicant is the respondent—the authorised person; or if the applicant is an authorised person—the respondent.\n(sec.129ZQ-ssec.5) The authorised person and respondent are each entitled to be heard at the hearing of the application.\n(sec.129ZQ-ssec.6) If the respondent makes the application, subsection (3) does not prevent the respondent from producing further evidence at the hearing of the application.\n(sec.129ZQ-ssec.7) The court may vary or revoke a civil banning order only if the court— has had regard to— the matters mentioned in section 129ZO so far as they are relevant to the application; and whether the respondent has, without a reasonable excuse under section 129ZZ , contravened the civil banning order; and is satisfied there has been a material change in the circumstances of the respondent that justifies the variation or revocation; and considers the justice of the case requires the variation or revocation.\n- (a) an authorised person;\n- (b) the respondent.\n- (a) be in the approved form; and\n- (b) be accompanied by— (i) an affidavit made by the applicant outlining why the variation or revocation mentioned in the application is necessary; and (ii) the information, or details of the information, the applicant intends to rely on for the application.\n- (i) an affidavit made by the applicant outlining why the variation or revocation mentioned in the application is necessary; and\n- (ii) the information, or details of the information, the applicant intends to rely on for the application.\n- (i) an affidavit made by the applicant outlining why the variation or revocation mentioned in the application is necessary; and\n- (ii) the information, or details of the information, the applicant intends to rely on for the application.\n- (a) if the applicant is the respondent—the authorised person; or\n- (b) if the applicant is an authorised person—the respondent.\n- (a) has had regard to— (i) the matters mentioned in section 129ZO so far as they are relevant to the application; and (ii) whether the respondent has, without a reasonable excuse under section 129ZZ , contravened the civil banning order; and\n- (i) the matters mentioned in section 129ZO so far as they are relevant to the application; and\n- (ii) whether the respondent has, without a reasonable excuse under section 129ZZ , contravened the civil banning order; and\n- (b) is satisfied there has been a material change in the circumstances of the respondent that justifies the variation or revocation; and\n- (c) considers the justice of the case requires the variation or revocation.\n- (i) the matters mentioned in section 129ZO so far as they are relevant to the application; and\n- (ii) whether the respondent has, without a reasonable excuse under section 129ZZ , contravened the civil banning order; and","sortOrder":425},{"sectionNumber":"sec.129ZR","sectionType":"section","heading":"Court may make civil banning order by consent","content":"### sec.129ZR Court may make civil banning order by consent\n\nThe Magistrates Court may make a civil banning order in a form agreed to by an authorised person and the respondent.\nThe order may include only matters that may be dealt with under this part.\ns 129ZR ins 2011 No. 12 s 88\n(sec.129ZR-ssec.1) The Magistrates Court may make a civil banning order in a form agreed to by an authorised person and the respondent.\n(sec.129ZR-ssec.2) The order may include only matters that may be dealt with under this part.","sortOrder":426},{"sectionNumber":"sec.129ZS","sectionType":"section","heading":"Orders must be served and explained","content":"### sec.129ZS Orders must be served and explained\n\nIf a court makes a civil banning order or interim civil banning order for a respondent, the order must be served on the respondent.\nSubsection (3) applies if a respondent or a legal or other representative of the respondent appears before a court hearing an application for a civil banning order or an interim civil banning order for the respondent.\nBefore making the order, the court must explain, or cause to be explained, to the respondent—\nthe purpose, terms and effect of the order; and\nthe consequences of contravening the order; and\nfor a civil banning order—that the order may be varied or revoked on the application of the respondent or an authorised person.\nSubsection (5) applies if a respondent or a legal or other representative of the respondent did not appear before a court when the court made a civil banning order or an interim civil banning order for the respondent.\nBefore serving the order on the respondent, the person serving the order must explain, or cause to be explained, to the respondent—\nthe purpose, terms and effect of the order; and\nthe consequences of contravening the order; and\nfor a civil banning order—that the order may be varied or revoked on the application of the respondent or an authorised person.\nThe explanation under subsection (3) or (5) must be made in language or in a way likely to be readily understood by the respondent.\nFailure to comply with this section does not affect the validity of the civil banning order.\ns 129ZS ins 2011 No. 12 s 88\namd 2012 No. 31 s 25\n(sec.129ZS-ssec.1) If a court makes a civil banning order or interim civil banning order for a respondent, the order must be served on the respondent.\n(sec.129ZS-ssec.2) Subsection (3) applies if a respondent or a legal or other representative of the respondent appears before a court hearing an application for a civil banning order or an interim civil banning order for the respondent.\n(sec.129ZS-ssec.3) Before making the order, the court must explain, or cause to be explained, to the respondent— the purpose, terms and effect of the order; and the consequences of contravening the order; and for a civil banning order—that the order may be varied or revoked on the application of the respondent or an authorised person.\n(sec.129ZS-ssec.4) Subsection (5) applies if a respondent or a legal or other representative of the respondent did not appear before a court when the court made a civil banning order or an interim civil banning order for the respondent.\n(sec.129ZS-ssec.5) Before serving the order on the respondent, the person serving the order must explain, or cause to be explained, to the respondent— the purpose, terms and effect of the order; and the consequences of contravening the order; and for a civil banning order—that the order may be varied or revoked on the application of the respondent or an authorised person.\n(sec.129ZS-ssec.6) The explanation under subsection (3) or (5) must be made in language or in a way likely to be readily understood by the respondent.\n(sec.129ZS-ssec.7) Failure to comply with this section does not affect the validity of the civil banning order.\n- (a) the purpose, terms and effect of the order; and\n- (b) the consequences of contravening the order; and\n- (c) for a civil banning order—that the order may be varied or revoked on the application of the respondent or an authorised person.\n- (a) the purpose, terms and effect of the order; and\n- (b) the consequences of contravening the order; and\n- (c) for a civil banning order—that the order may be varied or revoked on the application of the respondent or an authorised person.","sortOrder":427},{"sectionNumber":"sec.129ZT","sectionType":"section","heading":null,"content":"### Section sec.129ZT\n\ns 129ZT ins 2011 No. 12 s 88\nom 2012 No. 31 s 26","sortOrder":428},{"sectionNumber":"sec.129ZU","sectionType":"section","heading":"No costs to be awarded","content":"### sec.129ZU No costs to be awarded\n\nThe Magistrates Court must not award costs on proceedings under this division unless the court dismisses the application as frivolous or vexatious or another abuse of process.\ns 129ZU ins 2011 No. 12 s 88","sortOrder":429},{"sectionNumber":"sec.129ZV","sectionType":"section","heading":"No filing fee is payable","content":"### sec.129ZV No filing fee is payable\n\nA fee is not payable for making an application, or filing another document, under this part.\ns 129ZV ins 2011 No. 12 s 88","sortOrder":430},{"sectionNumber":"sec.129ZW","sectionType":"section","heading":"Standard of proof","content":"### sec.129ZW Standard of proof\n\nA question of fact in proceedings under this part, other than proceedings for an offence, is to be decided on the balance of probabilities.\ns 129ZW ins 2011 No. 12 s 88","sortOrder":431},{"sectionNumber":"sec.129ZX","sectionType":"section","heading":"General application of rules of court","content":"### sec.129ZX General application of rules of court\n\nThe Uniform Civil Procedure Rules 1999 apply in relation to applications made to the court under this part to the extent the rules are consistent with this part.\ns 129ZX ins 2011 No. 12 s 88","sortOrder":432},{"sectionNumber":"sec.129ZY","sectionType":"section","heading":"Interaction with criminal proceedings","content":"### sec.129ZY Interaction with criminal proceedings\n\nAn application under this part may be made and a court may, as authorised by this Act, dispose of the application, even if a person concerned in the application has been charged with an offence arising out of the act of violence on which the application is based.\nSubsection (4) applies if the person against whom—\na civil banning order has been made; or\na court has refused to make a civil banning order; or\nproceedings are current ( current proceedings ) in which a civil banning order or an order varying or revoking a civil banning order is sought;\nis charged with an offence mentioned in subsection (1) .\nAlso, subsection (4) applies if the person is charged with an offence mentioned in subsection (1) and the court has done either of the following relating to a civil banning order naming the person as the respondent—\nrevoked, or refused to revoke, the civil banning order;\nvaried, or refused to vary, the civil banning order, including the conditions imposed on the order.\nA reference to—\nmaking, or refusing to make, the order, or a revocation or variation; or\nthe existence of current proceedings; or\nthe fact that evidence of a particular nature or content was given in—\nthe proceedings in which the order, revocation or variation was made or refused; or\nthe current proceedings;\nis inadmissible in the trial of the person for an offence arising out of the act of violence on which the application for the order, revocation, or variation, or relevant to the current proceedings, is based.\nTo remove any doubt, it is declared that, subject to this section, an application, proceeding or order under this part in relation to the conduct of the person does not affect any proceeding against the person for an offence arising out of the same conduct.\nThe person may be punished for the offence mentioned in subsection (5) despite any order made against the person under this part.\nIn this section—\ncivil banning order includes an interim civil banning order.\ns 129ZY ins 2011 No. 12 s 88\n(sec.129ZY-ssec.1) An application under this part may be made and a court may, as authorised by this Act, dispose of the application, even if a person concerned in the application has been charged with an offence arising out of the act of violence on which the application is based.\n(sec.129ZY-ssec.2) Subsection (4) applies if the person against whom— a civil banning order has been made; or a court has refused to make a civil banning order; or proceedings are current ( current proceedings ) in which a civil banning order or an order varying or revoking a civil banning order is sought; is charged with an offence mentioned in subsection (1) .\n(sec.129ZY-ssec.3) Also, subsection (4) applies if the person is charged with an offence mentioned in subsection (1) and the court has done either of the following relating to a civil banning order naming the person as the respondent— revoked, or refused to revoke, the civil banning order; varied, or refused to vary, the civil banning order, including the conditions imposed on the order.\n(sec.129ZY-ssec.4) A reference to— making, or refusing to make, the order, or a revocation or variation; or the existence of current proceedings; or the fact that evidence of a particular nature or content was given in— the proceedings in which the order, revocation or variation was made or refused; or the current proceedings; is inadmissible in the trial of the person for an offence arising out of the act of violence on which the application for the order, revocation, or variation, or relevant to the current proceedings, is based.\n(sec.129ZY-ssec.5) To remove any doubt, it is declared that, subject to this section, an application, proceeding or order under this part in relation to the conduct of the person does not affect any proceeding against the person for an offence arising out of the same conduct.\n(sec.129ZY-ssec.6) The person may be punished for the offence mentioned in subsection (5) despite any order made against the person under this part.\n(sec.129ZY-ssec.7) In this section— civil banning order includes an interim civil banning order.\n- (a) a civil banning order has been made; or\n- (b) a court has refused to make a civil banning order; or\n- (c) proceedings are current ( current proceedings ) in which a civil banning order or an order varying or revoking a civil banning order is sought;\n- (a) revoked, or refused to revoke, the civil banning order;\n- (b) varied, or refused to vary, the civil banning order, including the conditions imposed on the order.\n- (a) making, or refusing to make, the order, or a revocation or variation; or\n- (b) the existence of current proceedings; or\n- (c) the fact that evidence of a particular nature or content was given in— (i) the proceedings in which the order, revocation or variation was made or refused; or (ii) the current proceedings;\n- (i) the proceedings in which the order, revocation or variation was made or refused; or\n- (ii) the current proceedings;\n- (i) the proceedings in which the order, revocation or variation was made or refused; or\n- (ii) the current proceedings;","sortOrder":433},{"sectionNumber":"sec.129ZZ","sectionType":"section","heading":"Contravention of civil banning order or interim civil banning order","content":"### sec.129ZZ Contravention of civil banning order or interim civil banning order\n\nA person must not, without reasonable excuse, contravene a civil banning order.\nMaximum penalty—40 penalty units or 6 months imprisonment.\nIt is a reasonable excuse for a person to contravene a civil banning order applying to the person—\nif, when the contravention happened, the person was not aware, and was reasonably not aware, that the order had been made; or\nif the person is contravening the order because of an emergency; or\nif—\nthe person has applied for an order to vary the civil banning order; and\nthe court has not decided the application; and\nthe contravention of the civil banning order reasonably relates to the changed circumstances in relation to which the application is made.\nA person to whom a civil banning order applies has a reasonable excuse if—\nthe person has applied for an order to vary the civil banning order because—\nit restricts the person’s use of the public transport network to only permit travel to and from the person’s place of work; and\nthe person’s place of work has changed; and\nthe person uses the public transport network, in contravention of the civil banning order, to travel to and from the new place of work while the Magistrates Court is considering the application.\nIf the Magistrates Court convicts a person of an offence against subsection (1) , the court may, in addition to or instead of sentencing the person under subsection (1) , vary the civil banning order.\nIn this section, other than subsection (2) (c) —\ncivil banning order includes an interim civil banning order.\ns 129ZZ ins 2011 No. 12 s 88\n(sec.129ZZ-ssec.1) A person must not, without reasonable excuse, contravene a civil banning order. Maximum penalty—40 penalty units or 6 months imprisonment.\n(sec.129ZZ-ssec.2) It is a reasonable excuse for a person to contravene a civil banning order applying to the person— if, when the contravention happened, the person was not aware, and was reasonably not aware, that the order had been made; or if the person is contravening the order because of an emergency; or if— the person has applied for an order to vary the civil banning order; and the court has not decided the application; and the contravention of the civil banning order reasonably relates to the changed circumstances in relation to which the application is made. A person to whom a civil banning order applies has a reasonable excuse if— the person has applied for an order to vary the civil banning order because— it restricts the person’s use of the public transport network to only permit travel to and from the person’s place of work; and the person’s place of work has changed; and the person uses the public transport network, in contravention of the civil banning order, to travel to and from the new place of work while the Magistrates Court is considering the application.\n(sec.129ZZ-ssec.3) If the Magistrates Court convicts a person of an offence against subsection (1) , the court may, in addition to or instead of sentencing the person under subsection (1) , vary the civil banning order.\n(sec.129ZZ-ssec.4) In this section, other than subsection (2) (c) — civil banning order includes an interim civil banning order.\n- (a) if, when the contravention happened, the person was not aware, and was reasonably not aware, that the order had been made; or\n- (b) if the person is contravening the order because of an emergency; or\n- (c) if— (i) the person has applied for an order to vary the civil banning order; and (ii) the court has not decided the application; and (iii) the contravention of the civil banning order reasonably relates to the changed circumstances in relation to which the application is made. Example for paragraph (c) — A person to whom a civil banning order applies has a reasonable excuse if— (a) the person has applied for an order to vary the civil banning order because— (i) it restricts the person’s use of the public transport network to only permit travel to and from the person’s place of work; and (ii) the person’s place of work has changed; and (b) the person uses the public transport network, in contravention of the civil banning order, to travel to and from the new place of work while the Magistrates Court is considering the application.\n- (i) the person has applied for an order to vary the civil banning order; and\n- (ii) the court has not decided the application; and\n- (iii) the contravention of the civil banning order reasonably relates to the changed circumstances in relation to which the application is made.\n- (a) the person has applied for an order to vary the civil banning order because— (i) it restricts the person’s use of the public transport network to only permit travel to and from the person’s place of work; and (ii) the person’s place of work has changed; and\n- (i) it restricts the person’s use of the public transport network to only permit travel to and from the person’s place of work; and\n- (ii) the person’s place of work has changed; and\n- (b) the person uses the public transport network, in contravention of the civil banning order, to travel to and from the new place of work while the Magistrates Court is considering the application.\n- (i) the person has applied for an order to vary the civil banning order; and\n- (ii) the court has not decided the application; and\n- (iii) the contravention of the civil banning order reasonably relates to the changed circumstances in relation to which the application is made.\n- (a) the person has applied for an order to vary the civil banning order because— (i) it restricts the person’s use of the public transport network to only permit travel to and from the person’s place of work; and (ii) the person’s place of work has changed; and\n- (i) it restricts the person’s use of the public transport network to only permit travel to and from the person’s place of work; and\n- (ii) the person’s place of work has changed; and\n- (b) the person uses the public transport network, in contravention of the civil banning order, to travel to and from the new place of work while the Magistrates Court is considering the application.\n- (i) it restricts the person’s use of the public transport network to only permit travel to and from the person’s place of work; and\n- (ii) the person’s place of work has changed; and","sortOrder":434},{"sectionNumber":"ch.11-pt.4C-div.3","sectionType":"division","heading":"Appeals","content":"## Appeals","sortOrder":435},{"sectionNumber":"sec.129ZZA","sectionType":"section","heading":"Appeals","content":"### sec.129ZZA Appeals\n\nAn authorised person or a respondent in relation to whom a decision of the Magistrates Court under this part has been made may appeal against the decision to the District Court.\ns 129ZZA ins 2011 No. 12 s 88","sortOrder":436},{"sectionNumber":"sec.129ZZB","sectionType":"section","heading":"Time for appeal","content":"### sec.129ZZB Time for appeal\n\nAn appeal must be started within 1 month after the decision is made (the appeal period ).\nOn application, the District Court may extend the appeal period.\ns 129ZZB ins 2011 No. 12 s 88\n(sec.129ZZB-ssec.1) An appeal must be started within 1 month after the decision is made (the appeal period ).\n(sec.129ZZB-ssec.2) On application, the District Court may extend the appeal period.","sortOrder":437},{"sectionNumber":"sec.129ZZC","sectionType":"section","heading":"Starting appeal","content":"### sec.129ZZC Starting appeal\n\nA person starts an appeal by filing a notice of appeal with the registrar.\nThe notice must—\nbe signed by the person or the person’s lawyer; and\nstate, briefly and precisely, the grounds of the appeal.\nIf the notice is not filed in the appeal period, the person must also file with the registrar a notice of application for extension of time for filing the notice.\ns 129ZZC ins 2011 No. 12 s 88\n(sec.129ZZC-ssec.1) A person starts an appeal by filing a notice of appeal with the registrar.\n(sec.129ZZC-ssec.2) The notice must— be signed by the person or the person’s lawyer; and state, briefly and precisely, the grounds of the appeal.\n(sec.129ZZC-ssec.3) If the notice is not filed in the appeal period, the person must also file with the registrar a notice of application for extension of time for filing the notice.\n- (a) be signed by the person or the person’s lawyer; and\n- (b) state, briefly and precisely, the grounds of the appeal.","sortOrder":438},{"sectionNumber":"sec.129ZZD","sectionType":"section","heading":"Registrar to give respondent copies of particular documents","content":"### sec.129ZZD Registrar to give respondent copies of particular documents\n\nThe registrar must give the respondent to an appeal copies of any of the following documents filed with the registrar for the appeal—\nthe notice of appeal;\na notice of application for extension of time for filing a notice mentioned in paragraph (a) .\ns 129ZZD ins 2011 No. 12 s 88\n- (a) the notice of appeal;\n- (b) a notice of application for extension of time for filing a notice mentioned in paragraph (a) .","sortOrder":439},{"sectionNumber":"sec.129ZZE","sectionType":"section","heading":"Stay of operation of decision","content":"### sec.129ZZE Stay of operation of decision\n\nAn appeal does not stay the operation of the decision.\ns 129ZZE ins 2011 No. 12 s 88","sortOrder":440},{"sectionNumber":"sec.129ZZF","sectionType":"section","heading":"District Court’s powers on appeal","content":"### sec.129ZZF District Court’s powers on appeal\n\nAn appeal is by way of rehearing.\nThe District Court—\nhas all the powers and duties of the court that made the decision appealed from; and\nmay draw inferences of fact, not inconsistent with the findings of the court; and\nmay, on special grounds, receive further evidence as to questions of fact, either orally in court, by affidavit or in another way; and\nmay order that the matter be remitted for rehearing to the court in which the decision appealed from was made.\nSubsection (2) (a) does not limit the powers that the District Court has in its civil jurisdiction.\nThe decision of the District Court upon an appeal is final and conclusive.\ns 129ZZF ins 2011 No. 12 s 88\n(sec.129ZZF-ssec.1) An appeal is by way of rehearing.\n(sec.129ZZF-ssec.2) The District Court— has all the powers and duties of the court that made the decision appealed from; and may draw inferences of fact, not inconsistent with the findings of the court; and may, on special grounds, receive further evidence as to questions of fact, either orally in court, by affidavit or in another way; and may order that the matter be remitted for rehearing to the court in which the decision appealed from was made.\n(sec.129ZZF-ssec.3) Subsection (2) (a) does not limit the powers that the District Court has in its civil jurisdiction.\n(sec.129ZZF-ssec.4) The decision of the District Court upon an appeal is final and conclusive.\n- (a) has all the powers and duties of the court that made the decision appealed from; and\n- (b) may draw inferences of fact, not inconsistent with the findings of the court; and\n- (c) may, on special grounds, receive further evidence as to questions of fact, either orally in court, by affidavit or in another way; and\n- (d) may order that the matter be remitted for rehearing to the court in which the decision appealed from was made.","sortOrder":441},{"sectionNumber":"sec.129ZZG","sectionType":"section","heading":"No costs on appeal","content":"### sec.129ZZG No costs on appeal\n\nThe District Court must not award costs on an appeal under this division unless the court dismisses the appeal as frivolous or vexatious or another abuse of process.\ns 129ZZG ins 2011 No. 12 s 88","sortOrder":442},{"sectionNumber":"ch.11-pt.4C-div.4","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":443},{"sectionNumber":"sec.129ZZH","sectionType":"section","heading":"Service of documents","content":"### sec.129ZZH Service of documents\n\nThis section applies if a provision of this part requires a respondent to be served with a document.\nThe document must be served personally on the respondent.\nHowever, if, despite reasonable attempts being made, a document is unable to be personally served on a respondent, an authorised person may apply to the Magistrates Court to authorise substituted service under subsection (4) .\nIf it appears to the court that it is not reasonably practicable to serve the document personally on the respondent, the court may authorise another way of serving it ( substituted service ).\nby personal service of the document on a relative, guardian or other person with whom the respondent is known to associate\nWhen serving a document that requires the appearance of a respondent in a court, the person serving the document must explain the contents of the document to the respondent in language likely to be understood by the respondent, having regard, for example, to the respondent’s age and cultural, educational and social background.\ns 129ZZH ins 2011 No. 12 s 88\n(sec.129ZZH-ssec.1) This section applies if a provision of this part requires a respondent to be served with a document.\n(sec.129ZZH-ssec.2) The document must be served personally on the respondent.\n(sec.129ZZH-ssec.3) However, if, despite reasonable attempts being made, a document is unable to be personally served on a respondent, an authorised person may apply to the Magistrates Court to authorise substituted service under subsection (4) .\n(sec.129ZZH-ssec.4) If it appears to the court that it is not reasonably practicable to serve the document personally on the respondent, the court may authorise another way of serving it ( substituted service ). by personal service of the document on a relative, guardian or other person with whom the respondent is known to associate\n(sec.129ZZH-ssec.5) When serving a document that requires the appearance of a respondent in a court, the person serving the document must explain the contents of the document to the respondent in language likely to be understood by the respondent, having regard, for example, to the respondent’s age and cultural, educational and social background.","sortOrder":444},{"sectionNumber":"sec.129ZZI","sectionType":"section","heading":"Police commissioner must provide information relevant to applications","content":"### sec.129ZZI Police commissioner must provide information relevant to applications\n\nThe chief executive may ask the commissioner of the police service to give the chief executive the information the chief executive requires to make, or to consider making, an application for a civil banning order in relation to a person.\nWithout limiting subsection (1) , the information may include the following—\nthe criminal history of the person;\npolice statements in relation to any act of violence committed by the person;\nstatements of witnesses or victims of any act of violence committed by the person;\nother evidentiary material relating to any act of violence committed by the person.\nSubject to subsection (4) , the commissioner must provide the information requested.\nThe obligation of the commissioner to comply with the chief executive’s request applies only to information in the possession of the commissioner or to which the commissioner has access.\ns 129ZZI ins 2011 No. 12 s 88\n(sec.129ZZI-ssec.1) The chief executive may ask the commissioner of the police service to give the chief executive the information the chief executive requires to make, or to consider making, an application for a civil banning order in relation to a person.\n(sec.129ZZI-ssec.2) Without limiting subsection (1) , the information may include the following— the criminal history of the person; police statements in relation to any act of violence committed by the person; statements of witnesses or victims of any act of violence committed by the person; other evidentiary material relating to any act of violence committed by the person.\n(sec.129ZZI-ssec.3) Subject to subsection (4) , the commissioner must provide the information requested.\n(sec.129ZZI-ssec.4) The obligation of the commissioner to comply with the chief executive’s request applies only to information in the possession of the commissioner or to which the commissioner has access.\n- (a) the criminal history of the person;\n- (b) police statements in relation to any act of violence committed by the person;\n- (c) statements of witnesses or victims of any act of violence committed by the person;\n- (d) other evidentiary material relating to any act of violence committed by the person.","sortOrder":445},{"sectionNumber":"ch.11-pt.5","sectionType":"part","heading":"Other enforcement matters","content":"# Other enforcement matters","sortOrder":446},{"sectionNumber":"sec.130","sectionType":"section","heading":"False or misleading information","content":"### sec.130 False or misleading information\n\nA person must not—\nstate anything to the chief executive, an authorised person or a review panel the person knows is false or misleading in a material particular; or\nomit from a statement made to the chief executive, an authorised person or a review panel anything without which the statement is, to the person’s knowledge, misleading in a material particular.\nMaximum penalty—150 penalty units.\nA complaint against a person for an offence against subsection (1) (a) or (b) is sufficient if it states that the statement made was false or misleading to the person’s knowledge.\ns 130 amd 2000 No. 6 s 68 ; 2004 No. 9 s 32 ; 2008 No. 67 s 33 ; 2008 No. 66 s 4 sch pt 2\n(sec.130-ssec.1) A person must not— state anything to the chief executive, an authorised person or a review panel the person knows is false or misleading in a material particular; or omit from a statement made to the chief executive, an authorised person or a review panel anything without which the statement is, to the person’s knowledge, misleading in a material particular. Maximum penalty—150 penalty units.\n(sec.130-ssec.2) A complaint against a person for an offence against subsection (1) (a) or (b) is sufficient if it states that the statement made was false or misleading to the person’s knowledge.\n- (a) state anything to the chief executive, an authorised person or a review panel the person knows is false or misleading in a material particular; or\n- (b) omit from a statement made to the chief executive, an authorised person or a review panel anything without which the statement is, to the person’s knowledge, misleading in a material particular.","sortOrder":447},{"sectionNumber":"sec.131","sectionType":"section","heading":"False, misleading or incomplete documents","content":"### sec.131 False, misleading or incomplete documents\n\nA person must not give to the chief executive, an authorised person or a review panel a document containing information the person knows is false, misleading or incomplete in a material particular.\nMaximum penalty—150 penalty units.\nSubsection (1) does not apply to a person who, when giving the document to the chief executive, authorised person or review panel—\ninforms the chief executive, authorised person or review panel, to the best of the person’s ability, how it is false, misleading or incomplete; and\ngives the correct information to the chief executive, authorised person or review panel if the person has, or can reasonably obtain, the correct information.\nA complaint against a person for an offence against subsection (1) is sufficient if it states that the statement made was false, misleading or incomplete to the person’s knowledge.\nIn this section—\ndocument includes a report under this or another Act.\ns 131 amd 2000 No. 6 s 69 ; 2004 No. 9 s 33 ; 2008 No. 67 s 34 ; 2008 No. 66 s 4 sch pt 2\n(sec.131-ssec.1) A person must not give to the chief executive, an authorised person or a review panel a document containing information the person knows is false, misleading or incomplete in a material particular. Maximum penalty—150 penalty units.\n(sec.131-ssec.2) Subsection (1) does not apply to a person who, when giving the document to the chief executive, authorised person or review panel— informs the chief executive, authorised person or review panel, to the best of the person’s ability, how it is false, misleading or incomplete; and gives the correct information to the chief executive, authorised person or review panel if the person has, or can reasonably obtain, the correct information.\n(sec.131-ssec.3) A complaint against a person for an offence against subsection (1) is sufficient if it states that the statement made was false, misleading or incomplete to the person’s knowledge.\n(sec.131-ssec.4) In this section— document includes a report under this or another Act.\n- (a) informs the chief executive, authorised person or review panel, to the best of the person’s ability, how it is false, misleading or incomplete; and\n- (b) gives the correct information to the chief executive, authorised person or review panel if the person has, or can reasonably obtain, the correct information.","sortOrder":448},{"sectionNumber":"sec.132","sectionType":"section","heading":"Compensation","content":"### sec.132 Compensation\n\nA person may claim compensation from the State if the person incurs loss or expense because of the exercise or purported exercise of a power under this chapter, including, for example, in complying with a requirement made of the person under this chapter.\nPayment of compensation may be claimed and ordered in a proceeding for—\ncompensation brought in a court of competent jurisdiction for the recovery of compensation; or\nan offence against this Act brought against the person by whom the claim is made.\nA court may order the payment of compensation for the loss or expense only if it is satisfied it is just to make the order in the circumstances of the particular case.\n(sec.132-ssec.1) A person may claim compensation from the State if the person incurs loss or expense because of the exercise or purported exercise of a power under this chapter, including, for example, in complying with a requirement made of the person under this chapter.\n(sec.132-ssec.2) Payment of compensation may be claimed and ordered in a proceeding for— compensation brought in a court of competent jurisdiction for the recovery of compensation; or an offence against this Act brought against the person by whom the claim is made.\n(sec.132-ssec.3) A court may order the payment of compensation for the loss or expense only if it is satisfied it is just to make the order in the circumstances of the particular case.\n- (a) compensation brought in a court of competent jurisdiction for the recovery of compensation; or\n- (b) an offence against this Act brought against the person by whom the claim is made.","sortOrder":449},{"sectionNumber":"sec.133","sectionType":"section","heading":"Authorised person to give notice of damage","content":"### sec.133 Authorised person to give notice of damage\n\nAn authorised person who, in the exercise, or purported exercise, of a power under this chapter, damages anything must immediately give written notice of the particulars of the damage.\nThe notice must be given to the person who appears to the authorised person to be the owner of the thing.\nIf, for any reason, it is not practicable to comply with subsection (2) , the authorised person must—\nleave the notice at the place where the damage happened; and\nensure the notice is left in a reasonably secure way and in a conspicuous position.\nIn this section—\nowner of a thing includes the person in possession or control of the thing.\n(sec.133-ssec.1) An authorised person who, in the exercise, or purported exercise, of a power under this chapter, damages anything must immediately give written notice of the particulars of the damage.\n(sec.133-ssec.2) The notice must be given to the person who appears to the authorised person to be the owner of the thing.\n(sec.133-ssec.3) If, for any reason, it is not practicable to comply with subsection (2) , the authorised person must— leave the notice at the place where the damage happened; and ensure the notice is left in a reasonably secure way and in a conspicuous position.\n(sec.133-ssec.4) In this section— owner of a thing includes the person in possession or control of the thing.\n- (a) leave the notice at the place where the damage happened; and\n- (b) ensure the notice is left in a reasonably secure way and in a conspicuous position.","sortOrder":450},{"sectionNumber":"sec.134","sectionType":"section","heading":"Consent to entry by an authorised person","content":"### sec.134 Consent to entry by an authorised person\n\nThis section applies if the authorised person intends to seek the consent of an occupier of a place to an authorised person entering the place under this chapter.\nBefore seeking the consent, the authorised person must inform the occupier—\nof the purpose of the entry; and\nthat anything found and seized may be used in evidence in court; and\nthat the occupier is not required to consent.\nIf the consent is given, the authorised person may ask the occupier to sign an acknowledgement of the consent.\nThe acknowledgement must—\nstate the occupier was informed—\nof the purpose of the entry; and\nthat anything found and seized may be used in evidence in court; and\nthat the occupier was not required to consent; and\nstate the occupier gave the authorised person consent under this chapter to enter the place and exercise powers under this chapter.\nIf the occupier signs an acknowledgement of consent, the authorised person must immediately give a copy to the occupier.\n(sec.134-ssec.1) This section applies if the authorised person intends to seek the consent of an occupier of a place to an authorised person entering the place under this chapter.\n(sec.134-ssec.2) Before seeking the consent, the authorised person must inform the occupier— of the purpose of the entry; and that anything found and seized may be used in evidence in court; and that the occupier is not required to consent.\n(sec.134-ssec.3) If the consent is given, the authorised person may ask the occupier to sign an acknowledgement of the consent.\n(sec.134-ssec.4) The acknowledgement must— state the occupier was informed— of the purpose of the entry; and that anything found and seized may be used in evidence in court; and that the occupier was not required to consent; and state the occupier gave the authorised person consent under this chapter to enter the place and exercise powers under this chapter.\n(sec.134-ssec.5) If the occupier signs an acknowledgement of consent, the authorised person must immediately give a copy to the occupier.\n- (a) of the purpose of the entry; and\n- (b) that anything found and seized may be used in evidence in court; and\n- (c) that the occupier is not required to consent.\n- (a) state the occupier was informed— (i) of the purpose of the entry; and (ii) that anything found and seized may be used in evidence in court; and (iii) that the occupier was not required to consent; and\n- (i) of the purpose of the entry; and\n- (ii) that anything found and seized may be used in evidence in court; and\n- (iii) that the occupier was not required to consent; and\n- (b) state the occupier gave the authorised person consent under this chapter to enter the place and exercise powers under this chapter.\n- (i) of the purpose of the entry; and\n- (ii) that anything found and seized may be used in evidence in court; and\n- (iii) that the occupier was not required to consent; and","sortOrder":451},{"sectionNumber":"sec.135","sectionType":"section","heading":"Obstructing authorised person","content":"### sec.135 Obstructing authorised person\n\nA person must not obstruct an authorised person in the exercise of a power under this or another Act, unless the person has a reasonable excuse.\nMaximum penalty—60 penalty units.\nIf a person has obstructed an authorised person under subsection (1) and the authorised person decides to exercise the power, the authorised person must, if practicable, warn the person—\nthat the authorised person considers the person’s conduct is obstructing the authorised person; and\nthat it is an offence to obstruct the authorised person, unless the person has a reasonable excuse.\ns 135 sub 2000 No. 6 s 70\namd 2004 No. 9 s 34\n(sec.135-ssec.1) A person must not obstruct an authorised person in the exercise of a power under this or another Act, unless the person has a reasonable excuse. Maximum penalty—60 penalty units.\n(sec.135-ssec.2) If a person has obstructed an authorised person under subsection (1) and the authorised person decides to exercise the power, the authorised person must, if practicable, warn the person— that the authorised person considers the person’s conduct is obstructing the authorised person; and that it is an offence to obstruct the authorised person, unless the person has a reasonable excuse.\n- (a) that the authorised person considers the person’s conduct is obstructing the authorised person; and\n- (b) that it is an offence to obstruct the authorised person, unless the person has a reasonable excuse.","sortOrder":452},{"sectionNumber":"sec.136","sectionType":"section","heading":"Impersonating authorised person","content":"### sec.136 Impersonating authorised person\n\nA person must not pretend to be an authorised person.\nMaximum penalty—75 penalty units.\ns 136 (prev s 132) om 2000 No. 40 s 26\nins 2000 No. 6 s 70\namd 2004 No. 9 s 35 ; 2008 No. 67 s 35 ; 2008 No. 66 s 4 sch pt 2","sortOrder":453},{"sectionNumber":"ch.11-pt.6","sectionType":"part","heading":null,"content":"","sortOrder":454},{"sectionNumber":"sec.137","sectionType":"section","heading":null,"content":"### Section sec.137\n\ns 137 ins 1995 No. 32 s 23 sch\namd 2000 No. 5 s 461 sch 3 ; 2001 No. 79 s 85 ; 1994 No. 8 s 491 (3) sch 5 (amd 2003 No. 54 ss 34 , 39 )\nom 2004 No. 9 s 38","sortOrder":455},{"sectionNumber":"sec.138","sectionType":"section","heading":null,"content":"### Section sec.138\n\ns 138 ins 1995 No. 32 s 23 sch\nom 2004 No. 9 s 38","sortOrder":456},{"sectionNumber":"ch.11-pt.7","sectionType":"part","heading":null,"content":"","sortOrder":457},{"sectionNumber":"sec.141","sectionType":"section","heading":null,"content":"### Section sec.141\n\ns 141 ins 1995 No. 32 s 23 sch\namd 2000 No. 5 s 461 sch 3\nom 2004 No. 9 s 40","sortOrder":458},{"sectionNumber":"sec.142","sectionType":"section","heading":null,"content":"### Section sec.142\n\ns 142 ins 1995 No. 32 s 23 sch\nom 2004 No. 9 s 40","sortOrder":459},{"sectionNumber":"sec.143","sectionType":"section","heading":null,"content":"### Section sec.143\n\ns 143 ins 1995 No. 32 s 23 sch\nom 2004 No. 9 s 40","sortOrder":460},{"sectionNumber":"ch.12-pt.1","sectionType":"part","heading":"General","content":"# General","sortOrder":461},{"sectionNumber":"sec.143B","sectionType":"section","heading":"Approval of basis for funding for transport function","content":"### sec.143B Approval of basis for funding for transport function\n\nThe chief executive may enter into an agreement providing for help from the State for a transport function only if the Minister has approved the basis on which the help is to be provided.\nIn considering whether to give an approval under subsection (1) , the Minister must have regard to the principle that help from the State for a transport function should be provided principally for—\npublic passenger services that the government requires to be provided and that would not be provided, or provided at the same level, without help from the State; or\nfacilities for public passenger services that the government requires to be provided and that would not be provided, or provided at the same level, without help from the State; or\nvehicles that the government requires to be used on public passenger services and that would not be provided, or provided at the same level, without help from the State.\nEach annual report of the department must include—\ndetails of help provided by the State to a person who receives help during the year to which the report relates; and\nreasons for the help.\nIn this section—\nhelp includes funding and financial or other assistance.\ntransport function means a function under this Act or that is necessary or incidental to achieving the objectives of this Act but does not include—\nfunding or other financial assistance under section 52 ; or\narrangements under section 144 .\ns 143B ins 1997 No. 66 s 104\namd 2007 No. 36 s 2 sch\n(sec.143B-ssec.1) The chief executive may enter into an agreement providing for help from the State for a transport function only if the Minister has approved the basis on which the help is to be provided.\n(sec.143B-ssec.2) In considering whether to give an approval under subsection (1) , the Minister must have regard to the principle that help from the State for a transport function should be provided principally for— public passenger services that the government requires to be provided and that would not be provided, or provided at the same level, without help from the State; or facilities for public passenger services that the government requires to be provided and that would not be provided, or provided at the same level, without help from the State; or vehicles that the government requires to be used on public passenger services and that would not be provided, or provided at the same level, without help from the State.\n(sec.143B-ssec.3) Each annual report of the department must include— details of help provided by the State to a person who receives help during the year to which the report relates; and reasons for the help.\n(sec.143B-ssec.4) In this section— help includes funding and financial or other assistance. transport function means a function under this Act or that is necessary or incidental to achieving the objectives of this Act but does not include— funding or other financial assistance under section 52 ; or arrangements under section 144 .\n- (a) public passenger services that the government requires to be provided and that would not be provided, or provided at the same level, without help from the State; or\n- (b) facilities for public passenger services that the government requires to be provided and that would not be provided, or provided at the same level, without help from the State; or\n- (c) vehicles that the government requires to be used on public passenger services and that would not be provided, or provided at the same level, without help from the State.\n- (a) details of help provided by the State to a person who receives help during the year to which the report relates; and\n- (b) reasons for the help.\n- (a) funding or other financial assistance under section 52 ; or\n- (b) arrangements under section 144 .","sortOrder":462},{"sectionNumber":"sec.143C","sectionType":"section","heading":"Unclaimed credit in passenger accounts","content":"### sec.143C Unclaimed credit in passenger accounts\n\nThis section applies in relation to a passenger account that is in credit, including credit of a deposit paid in relation to the account.\nThe chief executive may, with the Minister’s approval, use the credit in the passenger account for an objective of this Act mentioned in section 2 if, in the previous 5 years, no transaction has been recorded on the account.\nSubsection (2) does not affect a person’s right to a refund of the credit in the person’s passenger account.\nThe Public Trustee Act 1978 , section 102B does not apply in relation to the credit in the passenger account.\nIn this section—\npassenger account means an account with the department held by a person for the purpose of paying a fare for the use or hire of a public passenger vehicle.\ns 143C ins 2014 No. 43 s 72\nsub 2019 No. 24 s 129\n(sec.143C-ssec.1) This section applies in relation to a passenger account that is in credit, including credit of a deposit paid in relation to the account.\n(sec.143C-ssec.2) The chief executive may, with the Minister’s approval, use the credit in the passenger account for an objective of this Act mentioned in section 2 if, in the previous 5 years, no transaction has been recorded on the account.\n(sec.143C-ssec.3) Subsection (2) does not affect a person’s right to a refund of the credit in the person’s passenger account.\n(sec.143C-ssec.4) The Public Trustee Act 1978 , section 102B does not apply in relation to the credit in the passenger account.\n(sec.143C-ssec.5) In this section— passenger account means an account with the department held by a person for the purpose of paying a fare for the use or hire of a public passenger vehicle.","sortOrder":463},{"sectionNumber":"sec.144","sectionType":"section","heading":"Transport arrangements for students","content":"### sec.144 Transport arrangements for students\n\nThe chief executive may make arrangements for the transport of students to and from schools or other educational establishments.\nWithout limiting the scope of arrangements, arrangements may include—\narrangements for transporting students with or without charge between their homes and their educational establishments; and\narrangements for paying all or part of students’ reasonable travel expenses.\nThe chief executive may ask an education authority or principal of a non-State school to give the chief executive information about a student, or a student’s parent, that is relevant to the administration of the arrangements, including, for example, information relevant to the student’s eligibility for assistance under the arrangements.\nthe home address of a student or a student’s parent\ninformation about whether or not a student is enrolled in a stated educational establishment\ninformation about a student’s attendance at the student’s educational establishment\na student’s date of birth or year level at the student’s educational establishment\nIf the chief executive makes a request under subsection (3) , the education authority or principal of the non-State school must give the chief executive the requested information.\nSubsection (4) applies to requested information in the possession of the education authority or principal of the non-State school or to which the authority or principal has access.\nSubsection (4) applies despite any other Act or law of the State, including, for example, the Education (General Provisions) Act 2006 , section 426 .\nA relevant person who has gained or has access to information obtained under subsection (4) must not make a record of the information, use the information or disclose the information to anyone else, unless the recording, use or disclosure is—\nfor a purpose of this Act; or\nwith the written consent of the person to whom the information relates or, if the person is a student who is a child, of the student’s parent; or\nin compliance with lawful process requiring production of documents or giving of evidence before a court or tribunal; or\npermitted or required by another Act.\nMaximum penalty—50 penalty units.\nIn this section—\ndisclose , information, includes give access to the information.\neducation authority means—\nthe chief executive of the department in which the Education (General Provisions) Act 2006 is administered; or\nthe principal of a State instructional institution as defined under the Education (General Provisions) Act 2006 .\nnon-State school means an accredited school under the Education (Accreditation of Non-State Schools) Act 2017 .\nparent , of a student, means—\nif the student is a child—a person who is the student’s parent as defined under the Education (General Provisions) Act 2006 , section 10 ; or\nif the student is an adult—a person who was the student’s parent as defined under the Education (General Provisions) Act 2006 , section 10 , immediately before the student stopped being a child.\nprincipal , of a non-State school with no position by that name, means the person responsible for the school’s day-to-day management.\nrelevant person means a person who—\nis performing or has performed a function under this Act; or\nis or was otherwise engaged in the administration of this Act.\ns 144 amd 2007 No. 25 s 7A ; 2007 No. 6 s 42 (amdt could not be given effect); 2024 No. 2 s 33\n(sec.144-ssec.1) The chief executive may make arrangements for the transport of students to and from schools or other educational establishments.\n(sec.144-ssec.2) Without limiting the scope of arrangements, arrangements may include— arrangements for transporting students with or without charge between their homes and their educational establishments; and arrangements for paying all or part of students’ reasonable travel expenses.\n(sec.144-ssec.3) The chief executive may ask an education authority or principal of a non-State school to give the chief executive information about a student, or a student’s parent, that is relevant to the administration of the arrangements, including, for example, information relevant to the student’s eligibility for assistance under the arrangements. the home address of a student or a student’s parent information about whether or not a student is enrolled in a stated educational establishment information about a student’s attendance at the student’s educational establishment a student’s date of birth or year level at the student’s educational establishment\n(sec.144-ssec.4) If the chief executive makes a request under subsection (3) , the education authority or principal of the non-State school must give the chief executive the requested information.\n(sec.144-ssec.5) Subsection (4) applies to requested information in the possession of the education authority or principal of the non-State school or to which the authority or principal has access.\n(sec.144-ssec.6) Subsection (4) applies despite any other Act or law of the State, including, for example, the Education (General Provisions) Act 2006 , section 426 .\n(sec.144-ssec.7) A relevant person who has gained or has access to information obtained under subsection (4) must not make a record of the information, use the information or disclose the information to anyone else, unless the recording, use or disclosure is— for a purpose of this Act; or with the written consent of the person to whom the information relates or, if the person is a student who is a child, of the student’s parent; or in compliance with lawful process requiring production of documents or giving of evidence before a court or tribunal; or permitted or required by another Act. Maximum penalty—50 penalty units.\n(sec.144-ssec.8) In this section— disclose , information, includes give access to the information. education authority means— the chief executive of the department in which the Education (General Provisions) Act 2006 is administered; or the principal of a State instructional institution as defined under the Education (General Provisions) Act 2006 . non-State school means an accredited school under the Education (Accreditation of Non-State Schools) Act 2017 . parent , of a student, means— if the student is a child—a person who is the student’s parent as defined under the Education (General Provisions) Act 2006 , section 10 ; or if the student is an adult—a person who was the student’s parent as defined under the Education (General Provisions) Act 2006 , section 10 , immediately before the student stopped being a child. principal , of a non-State school with no position by that name, means the person responsible for the school’s day-to-day management. relevant person means a person who— is performing or has performed a function under this Act; or is or was otherwise engaged in the administration of this Act.\n- (a) arrangements for transporting students with or without charge between their homes and their educational establishments; and\n- (b) arrangements for paying all or part of students’ reasonable travel expenses.\n- • the home address of a student or a student’s parent\n- • information about whether or not a student is enrolled in a stated educational establishment\n- • information about a student’s attendance at the student’s educational establishment\n- • a student’s date of birth or year level at the student’s educational establishment\n- (a) for a purpose of this Act; or\n- (b) with the written consent of the person to whom the information relates or, if the person is a student who is a child, of the student’s parent; or\n- (c) in compliance with lawful process requiring production of documents or giving of evidence before a court or tribunal; or\n- (d) permitted or required by another Act.\n- (a) the chief executive of the department in which the Education (General Provisions) Act 2006 is administered; or\n- (b) the principal of a State instructional institution as defined under the Education (General Provisions) Act 2006 .\n- (a) if the student is a child—a person who is the student’s parent as defined under the Education (General Provisions) Act 2006 , section 10 ; or\n- (b) if the student is an adult—a person who was the student’s parent as defined under the Education (General Provisions) Act 2006 , section 10 , immediately before the student stopped being a child.\n- (a) is performing or has performed a function under this Act; or\n- (b) is or was otherwise engaged in the administration of this Act.","sortOrder":464},{"sectionNumber":"sec.145","sectionType":"section","heading":null,"content":"### Section sec.145\n\ns 145 orig s 145 amd 1998 No. 13 s 191 sch\nom 2004 No. 40 s 7\nprev s 145 ins 2006 No. 21 s 137\nom 2017 No. 18 s 21","sortOrder":465},{"sectionNumber":"sec.146","sectionType":"section","heading":null,"content":"### Section sec.146\n\ns 146 om 2004 No. 40 s 7","sortOrder":466},{"sectionNumber":"sec.147","sectionType":"section","heading":"Demand management","content":"### sec.147 Demand management\n\nThe Minister may authorise a local government to carry out, under a local law, demand management measures to encourage the use of public passenger transport.\ns 147 amd 1999 No. 42 s 42","sortOrder":467},{"sectionNumber":"sec.148","sectionType":"section","heading":"Inquiries about person’s suitability to hold accreditation or authorisation","content":"### sec.148 Inquiries about person’s suitability to hold accreditation or authorisation\n\nThe chief executive may make inquiries about a person to help in deciding whether—\nthe person is a suitable person to hold, or continue to hold, operator accreditation, driver authorisation or booking entity authorisation; or\nthe person or another person of whom the person is a partner is a suitable person to hold, or continue to hold, operator accreditation or booking entity authorisation; or\na corporation of which the person is an executive officer is a suitable person to hold, or continue to hold, operator accreditation or booking entity authorisation; or\nanother person is a suitable person to hold, or continue to hold, booking entity authorisation if, under a regulation, the person’s criminal history is relevant to the decision.\nWithout limiting subsection (1) , the chief executive may ask the commissioner of the police service for a written report about a person’s criminal history or whether the person is or has been subject to a relevant order for an offence mentioned in schedule 1A , part 1 .\nFor subsection (2) , the chief executive’s request may include the following information—\nthe person’s name and any other name the chief executive believes the person may use or may have used;\nthe person’s gender and date and place of birth;\ndetails of the person’s driver licence under the Transport Operations (Road Use Management) Act 1995 ;\ndetails of the person’s operator accreditation, driver authorisation, booking entity authorisation or application for operator accreditation, driver authorisation or booking entity authorisation.\nIf asked by the chief executive, the commissioner of the police service must give the chief executive a written report about the person’s criminal history.\nSubsection (4) applies to the criminal history in the commissioner’s possession or to which the commissioner has access.\nIf the police commissioner gives the chief executive information under subsection (2) about a person who is or has been subject to a relevant order for an offence mentioned in schedule 1A , part 1 , the information must include the following information about the person—\nthat the person is or has been subject to a relevant order for an offence mentioned in schedule 1A , part 1 ;\nif the person is or has been subject to a relevant order that is a disqualification order under the Working with Children Check Act 2000 —the duration and details of the disqualification order;\nif the person is or has been subject to an offender prohibition order—\na brief description of the conduct that gave rise to the order; and\nthe duration and details of the order, including whether it is or was a temporary offender prohibition order or a final offender prohibition order.\ns 148 amd 1997 No. 66 s 105 ; 2007 No. 6 s 43 ; 2011 No. 12 s 89 ; 2014 No. 28 s 105 sch 1 ; 2017 No. 18 s 22A ; 2024 No. 49 s 130 sch 4 pt 1\n(sec.148-ssec.1) The chief executive may make inquiries about a person to help in deciding whether— the person is a suitable person to hold, or continue to hold, operator accreditation, driver authorisation or booking entity authorisation; or the person or another person of whom the person is a partner is a suitable person to hold, or continue to hold, operator accreditation or booking entity authorisation; or a corporation of which the person is an executive officer is a suitable person to hold, or continue to hold, operator accreditation or booking entity authorisation; or another person is a suitable person to hold, or continue to hold, booking entity authorisation if, under a regulation, the person’s criminal history is relevant to the decision.\n(sec.148-ssec.2) Without limiting subsection (1) , the chief executive may ask the commissioner of the police service for a written report about a person’s criminal history or whether the person is or has been subject to a relevant order for an offence mentioned in schedule 1A , part 1 .\n(sec.148-ssec.3) For subsection (2) , the chief executive’s request may include the following information— the person’s name and any other name the chief executive believes the person may use or may have used; the person’s gender and date and place of birth; details of the person’s driver licence under the Transport Operations (Road Use Management) Act 1995 ; details of the person’s operator accreditation, driver authorisation, booking entity authorisation or application for operator accreditation, driver authorisation or booking entity authorisation.\n(sec.148-ssec.4) If asked by the chief executive, the commissioner of the police service must give the chief executive a written report about the person’s criminal history.\n(sec.148-ssec.5) Subsection (4) applies to the criminal history in the commissioner’s possession or to which the commissioner has access.\n(sec.148-ssec.6) If the police commissioner gives the chief executive information under subsection (2) about a person who is or has been subject to a relevant order for an offence mentioned in schedule 1A , part 1 , the information must include the following information about the person— that the person is or has been subject to a relevant order for an offence mentioned in schedule 1A , part 1 ; if the person is or has been subject to a relevant order that is a disqualification order under the Working with Children Check Act 2000 —the duration and details of the disqualification order; if the person is or has been subject to an offender prohibition order— a brief description of the conduct that gave rise to the order; and the duration and details of the order, including whether it is or was a temporary offender prohibition order or a final offender prohibition order.\n- (a) the person is a suitable person to hold, or continue to hold, operator accreditation, driver authorisation or booking entity authorisation; or\n- (b) the person or another person of whom the person is a partner is a suitable person to hold, or continue to hold, operator accreditation or booking entity authorisation; or\n- (c) a corporation of which the person is an executive officer is a suitable person to hold, or continue to hold, operator accreditation or booking entity authorisation; or\n- (d) another person is a suitable person to hold, or continue to hold, booking entity authorisation if, under a regulation, the person’s criminal history is relevant to the decision.\n- (a) the person’s name and any other name the chief executive believes the person may use or may have used;\n- (b) the person’s gender and date and place of birth;\n- (c) details of the person’s driver licence under the Transport Operations (Road Use Management) Act 1995 ;\n- (d) details of the person’s operator accreditation, driver authorisation, booking entity authorisation or application for operator accreditation, driver authorisation or booking entity authorisation.\n- (a) that the person is or has been subject to a relevant order for an offence mentioned in schedule 1A , part 1 ;\n- (b) if the person is or has been subject to a relevant order that is a disqualification order under the Working with Children Check Act 2000 —the duration and details of the disqualification order;\n- (c) if the person is or has been subject to an offender prohibition order— (i) a brief description of the conduct that gave rise to the order; and (ii) the duration and details of the order, including whether it is or was a temporary offender prohibition order or a final offender prohibition order.\n- (i) a brief description of the conduct that gave rise to the order; and\n- (ii) the duration and details of the order, including whether it is or was a temporary offender prohibition order or a final offender prohibition order.\n- (i) a brief description of the conduct that gave rise to the order; and\n- (ii) the duration and details of the order, including whether it is or was a temporary offender prohibition order or a final offender prohibition order.","sortOrder":468},{"sectionNumber":"sec.148A","sectionType":"section","heading":"Notice of change in police information about a person","content":"### sec.148A Notice of change in police information about a person\n\nThis section applies if—\nthe commissioner of the police service reasonably suspects a person holds operator accreditation, driver authorisation or booking entity authorisation; and\nthe person’s criminal history changes.\nThe commissioner may notify the chief executive that the person’s criminal history has changed.\nThe commissioner’s notice to the chief executive must state the following—\nthe person’s name and any other name the commissioner believes the person may use or may have used;\nthe person’s gender and date and place of birth;\nwhether the change is—\na charge made against the person for an offence; or\na conviction of the person;\ndetails of the charge or conviction.\ns 148A ins 2007 No. 6 s 44\namd 2017 No. 18 s 22B\n(sec.148A-ssec.1) This section applies if— the commissioner of the police service reasonably suspects a person holds operator accreditation, driver authorisation or booking entity authorisation; and the person’s criminal history changes.\n(sec.148A-ssec.2) The commissioner may notify the chief executive that the person’s criminal history has changed.\n(sec.148A-ssec.3) The commissioner’s notice to the chief executive must state the following— the person’s name and any other name the commissioner believes the person may use or may have used; the person’s gender and date and place of birth; whether the change is— a charge made against the person for an offence; or a conviction of the person; details of the charge or conviction.\n- (a) the commissioner of the police service reasonably suspects a person holds operator accreditation, driver authorisation or booking entity authorisation; and\n- (b) the person’s criminal history changes.\n- (a) the person’s name and any other name the commissioner believes the person may use or may have used;\n- (b) the person’s gender and date and place of birth;\n- (c) whether the change is— (i) a charge made against the person for an offence; or (ii) a conviction of the person;\n- (i) a charge made against the person for an offence; or\n- (ii) a conviction of the person;\n- (d) details of the charge or conviction.\n- (i) a charge made against the person for an offence; or\n- (ii) a conviction of the person;","sortOrder":469},{"sectionNumber":"sec.148B","sectionType":"section","heading":"Chief executive may enter into arrangement about giving and receiving information with commissioner of the police service","content":"### sec.148B Chief executive may enter into arrangement about giving and receiving information with commissioner of the police service\n\nThis section applies only to the extent another provision of this Act allows the chief executive to give information to the commissioner of the police service or the commissioner to give information to the chief executive.\nThe chief executive and the commissioner may enter into a written arrangement by which the information is given or received.\nWithout limiting subsection (2) , the arrangement may provide for the electronic transfer of information, including on a daily basis.\nHowever, if information is to be electronically transferred and, under this Act, there is a limitation on who may access the information or the purposes for which the information may be used, the arrangement must provide for the limitation.\ns 148B ins 2007 No. 6 s 44\n(sec.148B-ssec.1) This section applies only to the extent another provision of this Act allows the chief executive to give information to the commissioner of the police service or the commissioner to give information to the chief executive.\n(sec.148B-ssec.2) The chief executive and the commissioner may enter into a written arrangement by which the information is given or received.\n(sec.148B-ssec.3) Without limiting subsection (2) , the arrangement may provide for the electronic transfer of information, including on a daily basis.\n(sec.148B-ssec.4) However, if information is to be electronically transferred and, under this Act, there is a limitation on who may access the information or the purposes for which the information may be used, the arrangement must provide for the limitation.","sortOrder":470},{"sectionNumber":"sec.148BA","sectionType":"section","heading":"Obtaining information from chief executive (corrective services)","content":"### sec.148BA Obtaining information from chief executive (corrective services)\n\nWithout limiting section 148 , the chief executive may, by written notice, ask the chief executive (corrective services) whether—\na person applying for driver authorisation is or has been subject to a relevant order; or\na person holding driver authorisation is or has been subject to a relevant order.\nThe chief executive (corrective services) must give the chief executive notice of the information requested under subsection (1) .\nThe notice mentioned in subsection (2) must—\nbe in writing; and\nstate the following—\nthe person’s name;\nthat the person is or has been subject to the relevant order.\nThe chief executive (corrective services) and the chief executive may enter into a written arrangement by which written notices are given under subsection (1) .\nWithout limiting subsection (4) , the arrangement may provide for the written notices to be given electronically.\nHowever, if written notices under subsection (1) are to be given electronically and, under an Act, there is a limitation on who may access the information mentioned in the notices or the purposes for which that information may be used, the arrangement must provide for the limitation.\nThe disclosure of information by the chief executive (corrective services) under this section is authorised despite any other Act or law, including a law imposing an obligation to maintain confidentiality about the information.\nSee section 148C for the confidentiality of information under this Act.\nIn this section—\nchief executive (corrective services) means the chief executive of the department in which the Corrective Services Act 2006 is administered.\ns 148BA ins 2011 No. 12 s 90\n(sec.148BA-ssec.1) Without limiting section 148 , the chief executive may, by written notice, ask the chief executive (corrective services) whether— a person applying for driver authorisation is or has been subject to a relevant order; or a person holding driver authorisation is or has been subject to a relevant order.\n(sec.148BA-ssec.2) The chief executive (corrective services) must give the chief executive notice of the information requested under subsection (1) .\n(sec.148BA-ssec.3) The notice mentioned in subsection (2) must— be in writing; and state the following— the person’s name; that the person is or has been subject to the relevant order.\n(sec.148BA-ssec.4) The chief executive (corrective services) and the chief executive may enter into a written arrangement by which written notices are given under subsection (1) .\n(sec.148BA-ssec.5) Without limiting subsection (4) , the arrangement may provide for the written notices to be given electronically.\n(sec.148BA-ssec.6) However, if written notices under subsection (1) are to be given electronically and, under an Act, there is a limitation on who may access the information mentioned in the notices or the purposes for which that information may be used, the arrangement must provide for the limitation.\n(sec.148BA-ssec.7) The disclosure of information by the chief executive (corrective services) under this section is authorised despite any other Act or law, including a law imposing an obligation to maintain confidentiality about the information. See section 148C for the confidentiality of information under this Act.\n(sec.148BA-ssec.8) In this section— chief executive (corrective services) means the chief executive of the department in which the Corrective Services Act 2006 is administered.\n- (a) a person applying for driver authorisation is or has been subject to a relevant order; or\n- (b) a person holding driver authorisation is or has been subject to a relevant order.\n- (a) be in writing; and\n- (b) state the following— (i) the person’s name; (ii) that the person is or has been subject to the relevant order.\n- (i) the person’s name;\n- (ii) that the person is or has been subject to the relevant order.\n- (i) the person’s name;\n- (ii) that the person is or has been subject to the relevant order.","sortOrder":471},{"sectionNumber":"sec.148BB","sectionType":"section","heading":"Information sharing in relation to entitlements to concession fares","content":"### sec.148BB Information sharing in relation to entitlements to concession fares\n\nThe chief executive may enter into an arrangement with a relevant entity for sharing or exchanging information held by the chief executive or relevant entity.\nThe arrangement may relate only to information about whether a person is entitled to a concession fare for the person’s use or hire of a public passenger vehicle.\nIn this section—\npublic passenger vehicle does not include a booked hire vehicle, limousine or taxi.\nrelevant entity means—\nan educational institution; or\nan entity of the State, another State or the Commonwealth; or\nanother entity prescribed by regulation.\ns 148BB ins 2019 No. 24 s 130\n(sec.148BB-ssec.1) The chief executive may enter into an arrangement with a relevant entity for sharing or exchanging information held by the chief executive or relevant entity.\n(sec.148BB-ssec.2) The arrangement may relate only to information about whether a person is entitled to a concession fare for the person’s use or hire of a public passenger vehicle.\n(sec.148BB-ssec.3) In this section— public passenger vehicle does not include a booked hire vehicle, limousine or taxi. relevant entity means— an educational institution; or an entity of the State, another State or the Commonwealth; or another entity prescribed by regulation.\n- (a) an educational institution; or\n- (b) an entity of the State, another State or the Commonwealth; or\n- (c) another entity prescribed by regulation.","sortOrder":472},{"sectionNumber":"sec.148C","sectionType":"section","heading":"Confidentiality","content":"### sec.148C Confidentiality\n\nA person must not disclose, record or use information the person gained—\nthrough involvement in the administration of this Act; or\nbecause of an opportunity provided by the involvement.\nMaximum penalty—200 penalty units.\nHowever, a person may disclose, record or use the information—\nin the discharge of a function under this Act; or\nif it is authorised—\nunder another Act or a regulation; or\nby the person to whom the information relates; or\nin a proceeding before a court or tribunal in which the information is relevant.\nIn this section—\ndisclose information means—\nintentionally or recklessly disclose the information; or\nallow access to the information.\ninformation includes a digital photo and digitised signature.\ns 148C ins 2007 No. 6 s 44\namd 2008 No. 71 s 23\n(sec.148C-ssec.1) A person must not disclose, record or use information the person gained— through involvement in the administration of this Act; or because of an opportunity provided by the involvement. Maximum penalty—200 penalty units.\n(sec.148C-ssec.2) However, a person may disclose, record or use the information— in the discharge of a function under this Act; or if it is authorised— under another Act or a regulation; or by the person to whom the information relates; or in a proceeding before a court or tribunal in which the information is relevant.\n(sec.148C-ssec.3) In this section— disclose information means— intentionally or recklessly disclose the information; or allow access to the information. information includes a digital photo and digitised signature.\n- (a) through involvement in the administration of this Act; or\n- (b) because of an opportunity provided by the involvement.\n- (a) in the discharge of a function under this Act; or\n- (b) if it is authorised— (i) under another Act or a regulation; or (ii) by the person to whom the information relates; or\n- (i) under another Act or a regulation; or\n- (ii) by the person to whom the information relates; or\n- (c) in a proceeding before a court or tribunal in which the information is relevant.\n- (i) under another Act or a regulation; or\n- (ii) by the person to whom the information relates; or\n- (a) intentionally or recklessly disclose the information; or\n- (b) allow access to the information.","sortOrder":473},{"sectionNumber":"sec.149","sectionType":"section","heading":"Offences of dishonesty","content":"### sec.149 Offences of dishonesty\n\nA person must not apply for or obtain an accreditation, authorisation, contract or licence under this Act by intentionally or recklessly making a false representation.\nMaximum penalty—60 penalty units.\nA person must not forge an accreditation, authorisation, contract or licence under this Act.\nMaximum penalty—60 penalty units.\nA person must not intentionally or recklessly obtain, or help someone else obtain, a financial benefit under this Act to which the person is not entitled.\nMaximum penalty—60 penalty units.\nA person must not—\nuse an accreditation, authorisation, contract or licence under this Act fraudulently; or\npermit the fraudulent use by someone else of an accreditation, authorisation, contract or licence under this Act.\nMaximum penalty—60 penalty units.\ns 149 amd 2004 No. 9 s 51\n(sec.149-ssec.1) A person must not apply for or obtain an accreditation, authorisation, contract or licence under this Act by intentionally or recklessly making a false representation. Maximum penalty—60 penalty units.\n(sec.149-ssec.2) A person must not forge an accreditation, authorisation, contract or licence under this Act. Maximum penalty—60 penalty units.\n(sec.149-ssec.3) A person must not intentionally or recklessly obtain, or help someone else obtain, a financial benefit under this Act to which the person is not entitled. Maximum penalty—60 penalty units.\n(sec.149-ssec.4) A person must not— use an accreditation, authorisation, contract or licence under this Act fraudulently; or permit the fraudulent use by someone else of an accreditation, authorisation, contract or licence under this Act. Maximum penalty—60 penalty units.\n- (a) use an accreditation, authorisation, contract or licence under this Act fraudulently; or\n- (b) permit the fraudulent use by someone else of an accreditation, authorisation, contract or licence under this Act.","sortOrder":474},{"sectionNumber":"sec.150","sectionType":"section","heading":"Records and evidence from records","content":"### sec.150 Records and evidence from records\n\nThe chief executive must keep records of the grant, refusal to grant, amendment, suspension and cancellation of accreditations, authorisations, contracts and licences under this Act.\nA certificate apparently signed by a delegate of the chief executive and stating any of the following matters is evidence of the matter—\nthat a person mentioned in the certificate held or did not hold an accreditation, authorisation, contract or licence of a stated kind on a day or throughout a period mentioned in the certificate;\nthe conditions of an accreditation, authorisation, contract or licence held by a named person under this Act on a day or throughout a period mentioned in the certificate;\nthat a person did not give a stated notice to the chief executive.\n(sec.150-ssec.1) The chief executive must keep records of the grant, refusal to grant, amendment, suspension and cancellation of accreditations, authorisations, contracts and licences under this Act.\n(sec.150-ssec.2) A certificate apparently signed by a delegate of the chief executive and stating any of the following matters is evidence of the matter— that a person mentioned in the certificate held or did not hold an accreditation, authorisation, contract or licence of a stated kind on a day or throughout a period mentioned in the certificate; the conditions of an accreditation, authorisation, contract or licence held by a named person under this Act on a day or throughout a period mentioned in the certificate; that a person did not give a stated notice to the chief executive.\n- (a) that a person mentioned in the certificate held or did not hold an accreditation, authorisation, contract or licence of a stated kind on a day or throughout a period mentioned in the certificate;\n- (b) the conditions of an accreditation, authorisation, contract or licence held by a named person under this Act on a day or throughout a period mentioned in the certificate;\n- (c) that a person did not give a stated notice to the chief executive.","sortOrder":475},{"sectionNumber":"sec.150A","sectionType":"section","heading":"Approval of forms","content":"### sec.150A Approval of forms\n\nThe chief executive may approve forms for use under this Act.\ns 150A ins 2007 No. 6 s 45","sortOrder":476},{"sectionNumber":"sec.150B","sectionType":"section","heading":"Offences to be counted for particular penalty provisions","content":"### sec.150B Offences to be counted for particular penalty provisions\n\nThis section applies in relation to the following provisions (each a relevant provision )—\nsection 27 (1) ;\nsection 74 (1) and (2) ;\nsection 75 (2) ;\nsection 76 (1) ;\nsection 77 (1) ;\nsection 78 (1) and (2) ;\na provision of a regulation prescribed by regulation to be a provision to which this section applies.\nFor working out whether an offence against a relevant provision is a first, second, third or later offence, each offence committed by the person against the provision must be counted.\ns 150B ins 2017 No. 18 s 23\n(sec.150B-ssec.1) This section applies in relation to the following provisions (each a relevant provision )— section 27 (1) ; section 74 (1) and (2) ; section 75 (2) ; section 76 (1) ; section 77 (1) ; section 78 (1) and (2) ; a provision of a regulation prescribed by regulation to be a provision to which this section applies.\n(sec.150B-ssec.2) For working out whether an offence against a relevant provision is a first, second, third or later offence, each offence committed by the person against the provision must be counted.\n- (a) section 27 (1) ;\n- (b) section 74 (1) and (2) ;\n- (c) section 75 (2) ;\n- (d) section 76 (1) ;\n- (e) section 77 (1) ;\n- (f) section 78 (1) and (2) ;\n- (g) a provision of a regulation prescribed by regulation to be a provision to which this section applies.","sortOrder":477},{"sectionNumber":"sec.150C","sectionType":"section","heading":"When a person has committed an offence","content":"### sec.150C When a person has committed an offence\n\nThis section applies for working out, for the following provisions, whether a person has committed an offence against a provision of an Act—\nsection 91ZHA ;\nsection 150B ;\na provision of a regulation prescribed by regulation to be a provision to which this section applies.\nA person has committed an offence if the person—\nhas been convicted of the offence; or\nhas been served with an infringement notice for the offence and the infringement notice has been dealt with under the State Penalties Enforcement Act 1999 .\nFor subsection (2) (b) , an infringement notice for an offence served on a person has been dealt with under the State Penalties Enforcement Act 1999 if 1 of the following has happened under that Act—\nthe fine for the infringement notice has been paid in full;\nthe person has applied for approval to pay the fine for the infringement notice by instalments;\nan enforcement order has been made against the person for the offence under section 38 of that Act.\ns 150C ins 2017 No. 18 s 23\namd 2017 No. 18 s 37 sch 1 (uncommenced amendment)\n(sec.150C-ssec.1) This section applies for working out, for the following provisions, whether a person has committed an offence against a provision of an Act— section 91ZHA ; section 150B ; a provision of a regulation prescribed by regulation to be a provision to which this section applies.\n(sec.150C-ssec.2) A person has committed an offence if the person— has been convicted of the offence; or has been served with an infringement notice for the offence and the infringement notice has been dealt with under the State Penalties Enforcement Act 1999 .\n(sec.150C-ssec.3) For subsection (2) (b) , an infringement notice for an offence served on a person has been dealt with under the State Penalties Enforcement Act 1999 if 1 of the following has happened under that Act— the fine for the infringement notice has been paid in full; the person has applied for approval to pay the fine for the infringement notice by instalments; an enforcement order has been made against the person for the offence under section 38 of that Act.\n- (a) section 91ZHA ;\n- (b) section 150B ;\n- (c) a provision of a regulation prescribed by regulation to be a provision to which this section applies.\n- (a) has been convicted of the offence; or\n- (b) has been served with an infringement notice for the offence and the infringement notice has been dealt with under the State Penalties Enforcement Act 1999 .\n- (a) the fine for the infringement notice has been paid in full;\n- (b) the person has applied for approval to pay the fine for the infringement notice by instalments;\n- (c) an enforcement order has been made against the person for the offence under section 38 of that Act.","sortOrder":478},{"sectionNumber":"sec.151","sectionType":"section","heading":"Proceedings for offences","content":"### sec.151 Proceedings for offences\n\nAn offence against this Act is a summary offence.\nA proceeding for an offence must start—\nwithin 1 year after the offence is committed; or\nwithin 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the offence is committed.\nA statement in a complaint for an offence against this Act that the matter of the complaint came to the knowledge of the complainant on a stated day is evidence of when the matter came to the complainant’s knowledge.\ns 151 amd 2007 No. 6 s 46\n(sec.151-ssec.1) An offence against this Act is a summary offence.\n(sec.151-ssec.2) A proceeding for an offence must start— within 1 year after the offence is committed; or within 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the offence is committed.\n(sec.151-ssec.3) A statement in a complaint for an offence against this Act that the matter of the complaint came to the knowledge of the complainant on a stated day is evidence of when the matter came to the complainant’s knowledge.\n- (a) within 1 year after the offence is committed; or\n- (b) within 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the offence is committed.","sortOrder":479},{"sectionNumber":"sec.152","sectionType":"section","heading":"No need to prove appointments","content":"### sec.152 No need to prove appointments\n\nIn a proceeding for an offence against this Act, there is no need to prove the appointment of an authorised person.\ns 152 ins 1995 No. 32 s 23 sch\namd 2004 No. 9 s 52","sortOrder":480},{"sectionNumber":"sec.153","sectionType":"section","heading":"Prosecutions for railway offences","content":"### sec.153 Prosecutions for railway offences\n\nThis section applies to an offence against this Act committed by a person while the person was travelling by rail.\nA complaint for the offence may be heard at a place appointed for holding Magistrates Courts within any of the districts through which the person travelled on the rail journey.\nThis section has effect despite, but does not limit, the Justices Act 1886 , section 139 .\ns 153 ins 1995 No. 32 s 23 sch\n(sec.153-ssec.1) This section applies to an offence against this Act committed by a person while the person was travelling by rail.\n(sec.153-ssec.2) A complaint for the offence may be heard at a place appointed for holding Magistrates Courts within any of the districts through which the person travelled on the rail journey.\n(sec.153-ssec.3) This section has effect despite, but does not limit, the Justices Act 1886 , section 139 .","sortOrder":481},{"sectionNumber":"sec.153A","sectionType":"section","heading":"Facilitation of proof—dangerous goods offences","content":"### sec.153A Facilitation of proof—dangerous goods offences\n\nIn a prosecution for a dangerous goods offence, if an authorised person gives evidence that he or she believes, or at a particular time relevant to the exercise of a power by the officer, believed, any of the matters referred to in subsection (2) , the court must accept the matter as proved if—\nit considers the belief to be, or to have been, reasonable; and\nthere is no evidence to the contrary.\nThe matters are as follows—\nthat dangerous goods described in transport documentation carried in a rail vehicle are or were being carried in the rail vehicle;\nthat particular goods are or were dangerous goods or dangerous goods of a particular type;\nif a marking or placard on or attached to a substance or packaging indicates or indicated that the substance is or was or the packaging contains or contained particular dangerous goods—that the substance is or was or the container contains or contained those dangerous goods;\nif a marking on, or attached to, a package indicates or indicated that the package contains or contained particular dangerous goods—that the package contains or contained those dangerous goods;\nif a marking or placard on or attached to a vehicle or equipment indicates or indicated that the vehicle or equipment is or was being used to transport dangerous goods—that the vehicle or equipment is or was being used to transport those dangerous goods;\nif a marking or placard on or attached to a substance or packaging indicates or indicated, in relation to the substance, the packaging or the contents of the packaging, a particular capacity, tare weight, origin, character, specification, ownership or date of manufacture—that the substance, the packaging or the contents of the packaging has or had that capacity, tare weight, origin, character, specification, ownership or date of manufacture;\nif a marking on, or attached to, a package indicates or indicated, in relation to the contents of the package, a particular capacity, tare weight, origin, character, specification, ownership or date of manufacture—that the contents of the package has or had that capacity, tare weight, origin, character, specification, ownership or date of manufacture;\nif a marking or placard on or attached to a vehicle or packaging indicates, in relation to the load of the vehicle or the contents of the packaging, a particular quantity of dangerous goods—that the vehicle or container contains or contained that quantity of dangerous goods;\nthat a person is or is not, or was or was not at a particular time, accredited in relation to the transport by rail of dangerous goods.\ns 153A ins 2001 No. 79 s 87\namd 1994 No. 8 s 491 (3) sch 5 (amd 2003 No. 54 ss 34 , 39 )\nsub 2008 No. 67 s 36\namd 2016 No. 13 s 3C\n(sec.153A-ssec.1) In a prosecution for a dangerous goods offence, if an authorised person gives evidence that he or she believes, or at a particular time relevant to the exercise of a power by the officer, believed, any of the matters referred to in subsection (2) , the court must accept the matter as proved if— it considers the belief to be, or to have been, reasonable; and there is no evidence to the contrary.\n(sec.153A-ssec.2) The matters are as follows— that dangerous goods described in transport documentation carried in a rail vehicle are or were being carried in the rail vehicle; that particular goods are or were dangerous goods or dangerous goods of a particular type; if a marking or placard on or attached to a substance or packaging indicates or indicated that the substance is or was or the packaging contains or contained particular dangerous goods—that the substance is or was or the container contains or contained those dangerous goods; if a marking on, or attached to, a package indicates or indicated that the package contains or contained particular dangerous goods—that the package contains or contained those dangerous goods; if a marking or placard on or attached to a vehicle or equipment indicates or indicated that the vehicle or equipment is or was being used to transport dangerous goods—that the vehicle or equipment is or was being used to transport those dangerous goods; if a marking or placard on or attached to a substance or packaging indicates or indicated, in relation to the substance, the packaging or the contents of the packaging, a particular capacity, tare weight, origin, character, specification, ownership or date of manufacture—that the substance, the packaging or the contents of the packaging has or had that capacity, tare weight, origin, character, specification, ownership or date of manufacture; if a marking on, or attached to, a package indicates or indicated, in relation to the contents of the package, a particular capacity, tare weight, origin, character, specification, ownership or date of manufacture—that the contents of the package has or had that capacity, tare weight, origin, character, specification, ownership or date of manufacture; if a marking or placard on or attached to a vehicle or packaging indicates, in relation to the load of the vehicle or the contents of the packaging, a particular quantity of dangerous goods—that the vehicle or container contains or contained that quantity of dangerous goods; that a person is or is not, or was or was not at a particular time, accredited in relation to the transport by rail of dangerous goods.\n- (a) it considers the belief to be, or to have been, reasonable; and\n- (b) there is no evidence to the contrary.\n- (a) that dangerous goods described in transport documentation carried in a rail vehicle are or were being carried in the rail vehicle;\n- (b) that particular goods are or were dangerous goods or dangerous goods of a particular type;\n- (c) if a marking or placard on or attached to a substance or packaging indicates or indicated that the substance is or was or the packaging contains or contained particular dangerous goods—that the substance is or was or the container contains or contained those dangerous goods;\n- (d) if a marking on, or attached to, a package indicates or indicated that the package contains or contained particular dangerous goods—that the package contains or contained those dangerous goods;\n- (e) if a marking or placard on or attached to a vehicle or equipment indicates or indicated that the vehicle or equipment is or was being used to transport dangerous goods—that the vehicle or equipment is or was being used to transport those dangerous goods;\n- (f) if a marking or placard on or attached to a substance or packaging indicates or indicated, in relation to the substance, the packaging or the contents of the packaging, a particular capacity, tare weight, origin, character, specification, ownership or date of manufacture—that the substance, the packaging or the contents of the packaging has or had that capacity, tare weight, origin, character, specification, ownership or date of manufacture;\n- (g) if a marking on, or attached to, a package indicates or indicated, in relation to the contents of the package, a particular capacity, tare weight, origin, character, specification, ownership or date of manufacture—that the contents of the package has or had that capacity, tare weight, origin, character, specification, ownership or date of manufacture;\n- (h) if a marking or placard on or attached to a vehicle or packaging indicates, in relation to the load of the vehicle or the contents of the packaging, a particular quantity of dangerous goods—that the vehicle or container contains or contained that quantity of dangerous goods;\n- (i) that a person is or is not, or was or was not at a particular time, accredited in relation to the transport by rail of dangerous goods.","sortOrder":482},{"sectionNumber":"sec.153B","sectionType":"section","heading":"Facilitation of proof—general","content":"### sec.153B Facilitation of proof—general\n\nIn a proceeding for an offence against this Act—\nan allegation or averment in a complaint stating any of the following matters is evidence of the matter, and, in the absence of evidence to the contrary, is proof of the matter—\nat a particular time, a stated thing was or was not a vehicle or motor vehicle;\nat a particular time, a stated vehicle or motor vehicle was or was not of a particular class or description; and\na certificate purporting to be signed by the chief executive stating any of the following matters is evidence of the matter—\nat a particular time, a stated motor vehicle was or was not a taxi, limousine or booked hire vehicle;\nat a particular time, a gazette notice under this Act was in force and had not been amended or repealed by another gazette notice;\nat a particular time, a stated place was or was not a cross-border taxi rank;\nat a particular time, a person did, or did not, hold operator accreditation;\nat a particular time, a person did, or did not, hold driver authorisation;\nat a particular time, a person did, or did not, hold operator accreditation to provide a particular kind of public passenger service;\nat a particular time, a person did, or did not, hold driver authorisation to drive a vehicle to provide a particular kind of public passenger service;\nat a particular time, a particular compliance plate was, or was not, on or fitted to a motor vehicle;\nat a particular time, a stated authorised person was trained and authorised to use a revenue protection device;\nat a particular time, a stated ticket or other item was electronically read or scanned by a revenue protection device, and a stated document is a record or report of the reading or scan;\nat a particular time, a stated public passenger vehicle was an approved vehicle in relation to the use or hire of the vehicle;\nat a particular time, a stated vehicle was a relevant public passenger vehicle;\nat a particular time, a stated amount was the fare payable for the use or hire of a relevant public passenger vehicle for a stated journey; and\nevidence that a number plate showing a particular registration number was attached to a motor vehicle, at a particular time, is evidence that the motor vehicle is the motor vehicle noted in the register of vehicles, at that time, as having that registration number; and\na document, or a copy of a document, purporting to be an invoice, receipt or other record of an amount that is or was payable, or has been paid, for a service for the carriage of passengers, is evidence of a matter stated in the document or copy; and\na certificate purporting to be signed by the chief executive stating that, at a particular time, a stated motor vehicle had a particular characteristic or other attribute is evidence of the matter, and, in the absence of evidence to the contrary, is proof of the matter; and\na document purporting to be a record of a matter stated on a compliance plate, or in the RAV, is evidence of the matter and, in the absence of evidence to the contrary, is proof of the matter.\nIn a proceeding for an offence against relevant transport legislation relating to the provision of a public passenger service, the defendant bears the evidential burden of proving the service is a public passenger service excluded from this Act by regulation under the definition public passenger service .\nIn this section—\napproved vehicle means an approved vehicle under—\na regulation made under section 143AB ; or\na regulation made under section 155 about matters relating to fares charged for the use of particular public passenger vehicles.\ncompliance plate means a plate—\nauthorised to be placed on a motor vehicle, or taken to have been placed on a motor vehicle, under—\nthe repealed Motor Vehicle Standards Act 1989 (Cwlth) ; or\nthe Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018 (Cwlth) , schedule 3 , part 3 , division 1 ; or\nfitted to a motor vehicle under a standard determined under the Road Vehicle Standards Act 2018 (Cwlth) , section 12 .\nRAV means the Register of Approved Vehicles under the Road Vehicle Standards Act 2018 (Cwlth) .\nregister of vehicles means a register of vehicles kept by the chief executive under a transport Act as defined under the Transport Operations (Road Use Management) Act 1995 , schedule 4 .\nrelevant public passenger vehicle means a public passenger vehicle being used to provide a public passenger service under an agreement that—\nis entered into by, or for, the State, the department or the chief executive; and\nrequires the operator of the service to charge fares set or decided by the chief executive.\nrelevant transport legislation see section 69 .\nrevenue protection device means an instrument—\nthat can be used to electronically read or scan a ticket or other item for the purpose of determining whether a person is contravening, or has just contravened, a fare evasion provision; and\nthat is prescribed by regulation.\ns 153B ins 2016 No. 13 s 3D\namd 2017 No. 18 s 24 ; 2019 No. 24 ss 114 , 131 (2) ; 2019 No. 24 s 131 (1) , (3) ; 2020 No. 21 s 46 ; 2020 No. 21 s 44\n(sec.153B-ssec.1) In a proceeding for an offence against this Act— an allegation or averment in a complaint stating any of the following matters is evidence of the matter, and, in the absence of evidence to the contrary, is proof of the matter— at a particular time, a stated thing was or was not a vehicle or motor vehicle; at a particular time, a stated vehicle or motor vehicle was or was not of a particular class or description; and a certificate purporting to be signed by the chief executive stating any of the following matters is evidence of the matter— at a particular time, a stated motor vehicle was or was not a taxi, limousine or booked hire vehicle; at a particular time, a gazette notice under this Act was in force and had not been amended or repealed by another gazette notice; at a particular time, a stated place was or was not a cross-border taxi rank; at a particular time, a person did, or did not, hold operator accreditation; at a particular time, a person did, or did not, hold driver authorisation; at a particular time, a person did, or did not, hold operator accreditation to provide a particular kind of public passenger service; at a particular time, a person did, or did not, hold driver authorisation to drive a vehicle to provide a particular kind of public passenger service; at a particular time, a particular compliance plate was, or was not, on or fitted to a motor vehicle; at a particular time, a stated authorised person was trained and authorised to use a revenue protection device; at a particular time, a stated ticket or other item was electronically read or scanned by a revenue protection device, and a stated document is a record or report of the reading or scan; at a particular time, a stated public passenger vehicle was an approved vehicle in relation to the use or hire of the vehicle; at a particular time, a stated vehicle was a relevant public passenger vehicle; at a particular time, a stated amount was the fare payable for the use or hire of a relevant public passenger vehicle for a stated journey; and evidence that a number plate showing a particular registration number was attached to a motor vehicle, at a particular time, is evidence that the motor vehicle is the motor vehicle noted in the register of vehicles, at that time, as having that registration number; and a document, or a copy of a document, purporting to be an invoice, receipt or other record of an amount that is or was payable, or has been paid, for a service for the carriage of passengers, is evidence of a matter stated in the document or copy; and a certificate purporting to be signed by the chief executive stating that, at a particular time, a stated motor vehicle had a particular characteristic or other attribute is evidence of the matter, and, in the absence of evidence to the contrary, is proof of the matter; and a document purporting to be a record of a matter stated on a compliance plate, or in the RAV, is evidence of the matter and, in the absence of evidence to the contrary, is proof of the matter.\n(sec.153B-ssec.2) In a proceeding for an offence against relevant transport legislation relating to the provision of a public passenger service, the defendant bears the evidential burden of proving the service is a public passenger service excluded from this Act by regulation under the definition public passenger service .\n(sec.153B-ssec.3) In this section— approved vehicle means an approved vehicle under— a regulation made under section 143AB ; or a regulation made under section 155 about matters relating to fares charged for the use of particular public passenger vehicles. compliance plate means a plate— authorised to be placed on a motor vehicle, or taken to have been placed on a motor vehicle, under— the repealed Motor Vehicle Standards Act 1989 (Cwlth) ; or the Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018 (Cwlth) , schedule 3 , part 3 , division 1 ; or fitted to a motor vehicle under a standard determined under the Road Vehicle Standards Act 2018 (Cwlth) , section 12 . RAV means the Register of Approved Vehicles under the Road Vehicle Standards Act 2018 (Cwlth) . register of vehicles means a register of vehicles kept by the chief executive under a transport Act as defined under the Transport Operations (Road Use Management) Act 1995 , schedule 4 . relevant public passenger vehicle means a public passenger vehicle being used to provide a public passenger service under an agreement that— is entered into by, or for, the State, the department or the chief executive; and requires the operator of the service to charge fares set or decided by the chief executive. relevant transport legislation see section 69 . revenue protection device means an instrument— that can be used to electronically read or scan a ticket or other item for the purpose of determining whether a person is contravening, or has just contravened, a fare evasion provision; and that is prescribed by regulation.\n- (a) an allegation or averment in a complaint stating any of the following matters is evidence of the matter, and, in the absence of evidence to the contrary, is proof of the matter— (i) at a particular time, a stated thing was or was not a vehicle or motor vehicle; (ii) at a particular time, a stated vehicle or motor vehicle was or was not of a particular class or description; and\n- (i) at a particular time, a stated thing was or was not a vehicle or motor vehicle;\n- (ii) at a particular time, a stated vehicle or motor vehicle was or was not of a particular class or description; and\n- (b) a certificate purporting to be signed by the chief executive stating any of the following matters is evidence of the matter— (i) at a particular time, a stated motor vehicle was or was not a taxi, limousine or booked hire vehicle; (ii) at a particular time, a gazette notice under this Act was in force and had not been amended or repealed by another gazette notice; (iii) at a particular time, a stated place was or was not a cross-border taxi rank; (iv) at a particular time, a person did, or did not, hold operator accreditation; (v) at a particular time, a person did, or did not, hold driver authorisation; (vi) at a particular time, a person did, or did not, hold operator accreditation to provide a particular kind of public passenger service; (vii) at a particular time, a person did, or did not, hold driver authorisation to drive a vehicle to provide a particular kind of public passenger service; (viii) at a particular time, a particular compliance plate was, or was not, on or fitted to a motor vehicle; (ix) at a particular time, a stated authorised person was trained and authorised to use a revenue protection device; (x) at a particular time, a stated ticket or other item was electronically read or scanned by a revenue protection device, and a stated document is a record or report of the reading or scan; (xi) at a particular time, a stated public passenger vehicle was an approved vehicle in relation to the use or hire of the vehicle; (xii) at a particular time, a stated vehicle was a relevant public passenger vehicle; (xiii) at a particular time, a stated amount was the fare payable for the use or hire of a relevant public passenger vehicle for a stated journey; and\n- (i) at a particular time, a stated motor vehicle was or was not a taxi, limousine or booked hire vehicle;\n- (ii) at a particular time, a gazette notice under this Act was in force and had not been amended or repealed by another gazette notice;\n- (iii) at a particular time, a stated place was or was not a cross-border taxi rank;\n- (iv) at a particular time, a person did, or did not, hold operator accreditation;\n- (v) at a particular time, a person did, or did not, hold driver authorisation;\n- (vi) at a particular time, a person did, or did not, hold operator accreditation to provide a particular kind of public passenger service;\n- (vii) at a particular time, a person did, or did not, hold driver authorisation to drive a vehicle to provide a particular kind of public passenger service;\n- (viii) at a particular time, a particular compliance plate was, or was not, on or fitted to a motor vehicle;\n- (ix) at a particular time, a stated authorised person was trained and authorised to use a revenue protection device;\n- (x) at a particular time, a stated ticket or other item was electronically read or scanned by a revenue protection device, and a stated document is a record or report of the reading or scan;\n- (xi) at a particular time, a stated public passenger vehicle was an approved vehicle in relation to the use or hire of the vehicle;\n- (xii) at a particular time, a stated vehicle was a relevant public passenger vehicle;\n- (xiii) at a particular time, a stated amount was the fare payable for the use or hire of a relevant public passenger vehicle for a stated journey; and\n- (c) evidence that a number plate showing a particular registration number was attached to a motor vehicle, at a particular time, is evidence that the motor vehicle is the motor vehicle noted in the register of vehicles, at that time, as having that registration number; and\n- (d) a document, or a copy of a document, purporting to be an invoice, receipt or other record of an amount that is or was payable, or has been paid, for a service for the carriage of passengers, is evidence of a matter stated in the document or copy; and\n- (e) a certificate purporting to be signed by the chief executive stating that, at a particular time, a stated motor vehicle had a particular characteristic or other attribute is evidence of the matter, and, in the absence of evidence to the contrary, is proof of the matter; and\n- (f) a document purporting to be a record of a matter stated on a compliance plate, or in the RAV, is evidence of the matter and, in the absence of evidence to the contrary, is proof of the matter.\n- (i) at a particular time, a stated thing was or was not a vehicle or motor vehicle;\n- (ii) at a particular time, a stated vehicle or motor vehicle was or was not of a particular class or description; and\n- (i) at a particular time, a stated motor vehicle was or was not a taxi, limousine or booked hire vehicle;\n- (ii) at a particular time, a gazette notice under this Act was in force and had not been amended or repealed by another gazette notice;\n- (iii) at a particular time, a stated place was or was not a cross-border taxi rank;\n- (iv) at a particular time, a person did, or did not, hold operator accreditation;\n- (v) at a particular time, a person did, or did not, hold driver authorisation;\n- (vi) at a particular time, a person did, or did not, hold operator accreditation to provide a particular kind of public passenger service;\n- (vii) at a particular time, a person did, or did not, hold driver authorisation to drive a vehicle to provide a particular kind of public passenger service;\n- (viii) at a particular time, a particular compliance plate was, or was not, on or fitted to a motor vehicle;\n- (ix) at a particular time, a stated authorised person was trained and authorised to use a revenue protection device;\n- (x) at a particular time, a stated ticket or other item was electronically read or scanned by a revenue protection device, and a stated document is a record or report of the reading or scan;\n- (xi) at a particular time, a stated public passenger vehicle was an approved vehicle in relation to the use or hire of the vehicle;\n- (xii) at a particular time, a stated vehicle was a relevant public passenger vehicle;\n- (xiii) at a particular time, a stated amount was the fare payable for the use or hire of a relevant public passenger vehicle for a stated journey; and\n- (a) a regulation made under section 143AB ; or\n- (b) a regulation made under section 155 about matters relating to fares charged for the use of particular public passenger vehicles.\n- (a) authorised to be placed on a motor vehicle, or taken to have been placed on a motor vehicle, under— (i) the repealed Motor Vehicle Standards Act 1989 (Cwlth) ; or (ii) the Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018 (Cwlth) , schedule 3 , part 3 , division 1 ; or\n- (i) the repealed Motor Vehicle Standards Act 1989 (Cwlth) ; or\n- (ii) the Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018 (Cwlth) , schedule 3 , part 3 , division 1 ; or\n- (b) fitted to a motor vehicle under a standard determined under the Road Vehicle Standards Act 2018 (Cwlth) , section 12 .\n- (i) the repealed Motor Vehicle Standards Act 1989 (Cwlth) ; or\n- (ii) the Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018 (Cwlth) , schedule 3 , part 3 , division 1 ; or\n- (a) is entered into by, or for, the State, the department or the chief executive; and\n- (b) requires the operator of the service to charge fares set or decided by the chief executive.\n- (a) that can be used to electronically read or scan a ticket or other item for the purpose of determining whether a person is contravening, or has just contravened, a fare evasion provision; and\n- (b) that is prescribed by regulation.","sortOrder":483},{"sectionNumber":"sec.154","sectionType":"section","heading":"Attempt to commit offence","content":"### sec.154 Attempt to commit offence\n\nA person must not attempt to commit an offence against this Act.\nMaximum penalty—half the maximum penalty for committing the offence.\nSection 4 (Attempts to commit offences) of the Criminal Code applies to subsection (1) .\nHowever, this section does not apply to an offence against section 143AD or a fare evasion provision prescribed by regulation.\ns 154 amd 2004 No. 9 s 53 ; 2019 No. 24 s 132\n(sec.154-ssec.1) A person must not attempt to commit an offence against this Act. Maximum penalty—half the maximum penalty for committing the offence.\n(sec.154-ssec.2) Section 4 (Attempts to commit offences) of the Criminal Code applies to subsection (1) .\n(sec.154-ssec.3) However, this section does not apply to an offence against section 143AD or a fare evasion provision prescribed by regulation.","sortOrder":484},{"sectionNumber":"sec.154A","sectionType":"section","heading":"Direction to pay operator the penalty recovered for fare evasion etc.","content":"### sec.154A Direction to pay operator the penalty recovered for fare evasion etc.\n\nThis section applies to an offence or alleged offence under this Act in relation to a fare or ticket for a public passenger service.\nThe court may direct that part or all of a fine or penalty recovered for an offence to which this section applies be paid to a stated person aggrieved by the commission of the offence.\nThe chief executive may direct that part or all of the penalties paid under infringement notices for alleged offences to which this section applies be paid to the operator providing the public passenger service.\nWhile the direction under subsection (3) remains in force, penalties recovered under the infringement notices are to be paid in accordance with the direction.\ns 154A ins 2000 No. 6 s 73\namd 2019 No. 24 s 133\n(sec.154A-ssec.1) This section applies to an offence or alleged offence under this Act in relation to a fare or ticket for a public passenger service.\n(sec.154A-ssec.2) The court may direct that part or all of a fine or penalty recovered for an offence to which this section applies be paid to a stated person aggrieved by the commission of the offence.\n(sec.154A-ssec.3) The chief executive may direct that part or all of the penalties paid under infringement notices for alleged offences to which this section applies be paid to the operator providing the public passenger service.\n(sec.154A-ssec.4) While the direction under subsection (3) remains in force, penalties recovered under the infringement notices are to be paid in accordance with the direction.","sortOrder":485},{"sectionNumber":"ch.12-pt.1A","sectionType":"part","heading":"General provisions relating to transport of dangerous goods by rail","content":"# General provisions relating to transport of dangerous goods by rail","sortOrder":486},{"sectionNumber":"sec.154AB","sectionType":"section","heading":"Application of pt 1A","content":"### sec.154AB Application of pt 1A\n\nThis part applies to a proceeding for a dangerous goods offence.\ns 154AB ins 2008 No. 67 s 37","sortOrder":487},{"sectionNumber":"sec.154AC","sectionType":"section","heading":"Special defence of compliance with direction","content":"### sec.154AC Special defence of compliance with direction\n\nIt is a defence to a charge for the offence if the person charged establishes that the act or omission that was the offence was done in compliance with a direction given by an authorised person.\ns 154AC ins 2008 No. 67 s 37","sortOrder":488},{"sectionNumber":"sec.154AD","sectionType":"section","heading":"Responsibility for acts or omissions of representative","content":"### sec.154AD Responsibility for acts or omissions of representative\n\nIf it is relevant to prove a person’s state of mind about a particular act or omission, it is enough to show—\nthe act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and\nthe representative had the state of mind.\nAn act done or omitted to be done for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves the person could not, by the exercise of reasonable diligence, have prevented the act or omission.\nIn this section—\nrepresentative means—\nfor a corporation—an executive officer, employee or agent of the corporation; or\nfor an individual—an employee or agent of the individual.\nstate of mind , of a person, includes—\nthe person’s knowledge, intention, opinion, belief or purpose; and\nthe person’s reasons for the intention, opinion, belief or purpose.\ns 154AD ins 2008 No. 67 s 37\n(sec.154AD-ssec.1) If it is relevant to prove a person’s state of mind about a particular act or omission, it is enough to show— the act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and the representative had the state of mind.\n(sec.154AD-ssec.2) An act done or omitted to be done for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves the person could not, by the exercise of reasonable diligence, have prevented the act or omission.\n(sec.154AD-ssec.3) In this section— representative means— for a corporation—an executive officer, employee or agent of the corporation; or for an individual—an employee or agent of the individual. state of mind , of a person, includes— the person’s knowledge, intention, opinion, belief or purpose; and the person’s reasons for the intention, opinion, belief or purpose.\n- (a) the act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and\n- (b) the representative had the state of mind.\n- (a) for a corporation—an executive officer, employee or agent of the corporation; or\n- (b) for an individual—an employee or agent of the individual.\n- (a) the person’s knowledge, intention, opinion, belief or purpose; and\n- (b) the person’s reasons for the intention, opinion, belief or purpose.","sortOrder":489},{"sectionNumber":"sec.154AE","sectionType":"section","heading":"Transport documentation","content":"### sec.154AE Transport documentation\n\nTransport documentation relating to the transport of dangerous goods by rail is admissible and is evidence of—\nthe identity and status of the parties to the transaction to which it relates; and\nthe destination or intended destination of the load to which it relates.\nThe reference in subsection (1) to the status of parties includes a reference to their status in relation to their involvement in the transport of dangerous goods.\ns 154AE ins 2008 No. 67 s 37\n(sec.154AE-ssec.1) Transport documentation relating to the transport of dangerous goods by rail is admissible and is evidence of— the identity and status of the parties to the transaction to which it relates; and the destination or intended destination of the load to which it relates.\n(sec.154AE-ssec.2) The reference in subsection (1) to the status of parties includes a reference to their status in relation to their involvement in the transport of dangerous goods.\n- (a) the identity and status of the parties to the transaction to which it relates; and\n- (b) the destination or intended destination of the load to which it relates.","sortOrder":490},{"sectionNumber":"ch.12-pt.2","sectionType":"part","heading":"Authorisations for competition legislation","content":"# Authorisations for competition legislation","sortOrder":491},{"sectionNumber":"ch.12-pt.2-div.1","sectionType":"division","heading":"Interpretation","content":"## Interpretation","sortOrder":492},{"sectionNumber":"sec.154B","sectionType":"section","heading":"Definitions for pt 2","content":"### sec.154B Definitions for pt 2\n\nIn this part—\nCCA means the Competition and Consumer Act 2010 (Cwlth) .\ns 154B def CCA ins 2010 No. 54 s 67 sch\nCompetition Code means the Competition Code under the Competition Policy Reform (Queensland) Act 1996 .\ncompetition legislation means CCA , section 51 (1) (b) or the Competition Code , section 51 .\ns 154B def competition legislation amd 2010 No. 54 s 67 sch\nfare provision see section 154C .\nidentified provision see section 154D .\nmanagement entity means—\nthe State; or\na State influenced entity.\nmanagement entity provision see section 154E .\nservice entity means an entity that provides or proposes to provide 1 or more public passenger services in Queensland as an operator.\nservice entity provision see section 154F .\nState influenced entity see section 154G .\nTPA ...\ns 154B def TPA om 2010 No. 54 s 67 sch\ns 154B ins 2000 No. 40 s 28\namd 2004 No. 9 s 54\n- (a) the State; or\n- (b) a State influenced entity.","sortOrder":493},{"sectionNumber":"sec.154C","sectionType":"section","heading":"Meaning of fare provision","content":"### sec.154C Meaning of fare provision\n\nFor this part, a fare provision is a provision about a fare (the relevant fare ) applying for a public passenger service of 1 or more service entities.\nHowever, a provision is a fare provision only if—\nthe provision has the purpose, or has or is likely to have the effect, of—\nfixing, controlling or maintaining the fare; or\nproviding for the fixing, controlling or maintaining of the fare; and\nthe provision is negotiated and agreed to in the context of a contract, arrangement or understanding for coordinating or integrating public passenger services; and\nat any particular time the provision is given effect to, the relevant fare is consistent with any model fare structure arrangement that—\nhas been approved by the chief executive; and\nhas been published in the gazette; and\nis still in force.\ns 154C ins 2000 No. 40 s 28\n(sec.154C-ssec.1) For this part, a fare provision is a provision about a fare (the relevant fare ) applying for a public passenger service of 1 or more service entities.\n(sec.154C-ssec.2) However, a provision is a fare provision only if— the provision has the purpose, or has or is likely to have the effect, of— fixing, controlling or maintaining the fare; or providing for the fixing, controlling or maintaining of the fare; and the provision is negotiated and agreed to in the context of a contract, arrangement or understanding for coordinating or integrating public passenger services; and at any particular time the provision is given effect to, the relevant fare is consistent with any model fare structure arrangement that— has been approved by the chief executive; and has been published in the gazette; and is still in force.\n- (a) the provision has the purpose, or has or is likely to have the effect, of— (i) fixing, controlling or maintaining the fare; or (ii) providing for the fixing, controlling or maintaining of the fare; and\n- (i) fixing, controlling or maintaining the fare; or\n- (ii) providing for the fixing, controlling or maintaining of the fare; and\n- (b) the provision is negotiated and agreed to in the context of a contract, arrangement or understanding for coordinating or integrating public passenger services; and\n- (c) at any particular time the provision is given effect to, the relevant fare is consistent with any model fare structure arrangement that— (i) has been approved by the chief executive; and (ii) has been published in the gazette; and (iii) is still in force.\n- (i) has been approved by the chief executive; and\n- (ii) has been published in the gazette; and\n- (iii) is still in force.\n- (i) fixing, controlling or maintaining the fare; or\n- (ii) providing for the fixing, controlling or maintaining of the fare; and\n- (i) has been approved by the chief executive; and\n- (ii) has been published in the gazette; and\n- (iii) is still in force.","sortOrder":494},{"sectionNumber":"sec.154D","sectionType":"section","heading":"Meaning of identified provision","content":"### sec.154D Meaning of identified provision\n\nFor this part, a provision is an identified provision if it is a provision about—\nthe coordination or integration of public passenger services of 2 or more service entities; or\nthe route to be used or not to be used by a service entity in providing a public passenger service; or\nan area in which a service entity will or will not provide a public passenger service; or\nwhere a service entity will or will not pick up or set down passengers in providing a public passenger service; or\nthe times a service entity will or will not provide a public passenger service; or\nthe persons or classes of persons to whom a service entity will or will not provide a public passenger service; or\na characteristic of a vehicle, vessel or item of rolling stock a service entity will or will not use to provide a public passenger service; or\na service entity not providing a public passenger service that competes, or if it were provided, would compete, with a public passenger service of another service entity; or\na service entity providing a public passenger service for or on behalf of another person, including another service entity, whether as principal or agent; or\na service entity issuing a ticket for a public passenger service, if all or part of the service is to be provided by 1 or more other service entities; or\nthe name, sign, decal or logo under which a service entity is to provide a public passenger service; or\nthe terms on which a service entity provides a public passenger service; or\nthe promotion of a public passenger service provided by 1 or more of the service entities.\ns 154D ins 2000 No. 40 s 28\n- (a) the coordination or integration of public passenger services of 2 or more service entities; or\n- (b) the route to be used or not to be used by a service entity in providing a public passenger service; or\n- (c) an area in which a service entity will or will not provide a public passenger service; or\n- (d) where a service entity will or will not pick up or set down passengers in providing a public passenger service; or\n- (e) the times a service entity will or will not provide a public passenger service; or\n- (f) the persons or classes of persons to whom a service entity will or will not provide a public passenger service; or\n- (g) a characteristic of a vehicle, vessel or item of rolling stock a service entity will or will not use to provide a public passenger service; or\n- (h) a service entity not providing a public passenger service that competes, or if it were provided, would compete, with a public passenger service of another service entity; or\n- (i) a service entity providing a public passenger service for or on behalf of another person, including another service entity, whether as principal or agent; or\n- (j) a service entity issuing a ticket for a public passenger service, if all or part of the service is to be provided by 1 or more other service entities; or\n- (k) the name, sign, decal or logo under which a service entity is to provide a public passenger service; or\n- (l) the terms on which a service entity provides a public passenger service; or\n- (m) the promotion of a public passenger service provided by 1 or more of the service entities.","sortOrder":495},{"sectionNumber":"sec.154E","sectionType":"section","heading":"Meaning of management entity provision","content":"### sec.154E Meaning of management entity provision\n\nFor this part, a management entity provision is a provision about the supply by a management entity of a service for a public passenger service of 1 or more service entities.\nHowever, a provision is a management entity provision only if the provision is—\nabout the persons or classes of persons to whom the service will be supplied; or\nto the effect that the management entity is to supply the service on condition that the service entity or entities are to acquire service equipment, including from a person who is not a party to the contract, arrangement or understanding containing the provision.\ns 154E ins 2000 No. 40 s 28\n(sec.154E-ssec.1) For this part, a management entity provision is a provision about the supply by a management entity of a service for a public passenger service of 1 or more service entities.\n(sec.154E-ssec.2) However, a provision is a management entity provision only if the provision is— about the persons or classes of persons to whom the service will be supplied; or to the effect that the management entity is to supply the service on condition that the service entity or entities are to acquire service equipment, including from a person who is not a party to the contract, arrangement or understanding containing the provision.\n- (a) about the persons or classes of persons to whom the service will be supplied; or\n- (b) to the effect that the management entity is to supply the service on condition that the service entity or entities are to acquire service equipment, including from a person who is not a party to the contract, arrangement or understanding containing the provision.","sortOrder":496},{"sectionNumber":"sec.154F","sectionType":"section","heading":"Meaning of service entity provision","content":"### sec.154F Meaning of service entity provision\n\nFor this part, a service entity provision is a provision about the acquisition, use or supply of service equipment for a public passenger service of 1 or more service entities.\nHowever, a provision is a service entity provision only if the provision is—\nabout the persons or classes of persons from whom the service equipment will be acquired or to whom the service equipment will be supplied; or\nto the effect that a service entity or management entity is to supply the service equipment on condition that another person, including another service entity or management entity, is to acquire other service equipment, including from a person who is not a party to the contract, arrangement or understanding containing the provision.\ns 154F ins 2000 No. 40 s 28\n(sec.154F-ssec.1) For this part, a service entity provision is a provision about the acquisition, use or supply of service equipment for a public passenger service of 1 or more service entities.\n(sec.154F-ssec.2) However, a provision is a service entity provision only if the provision is— about the persons or classes of persons from whom the service equipment will be acquired or to whom the service equipment will be supplied; or to the effect that a service entity or management entity is to supply the service equipment on condition that another person, including another service entity or management entity, is to acquire other service equipment, including from a person who is not a party to the contract, arrangement or understanding containing the provision.\n- (a) about the persons or classes of persons from whom the service equipment will be acquired or to whom the service equipment will be supplied; or\n- (b) to the effect that a service entity or management entity is to supply the service equipment on condition that another person, including another service entity or management entity, is to acquire other service equipment, including from a person who is not a party to the contract, arrangement or understanding containing the provision.","sortOrder":497},{"sectionNumber":"sec.154G","sectionType":"section","heading":"Meaning of State influenced entity","content":"### sec.154G Meaning of State influenced entity\n\nFor this part, a State influenced entity is an entity whose functions include coordinating or facilitating the integration of public passenger services.\nHowever, an entity is a State influenced entity only if at least 1 of the following applies—\nthe State has power to appoint a person to, or remove a person from, the board or managing body of the entity;\nthe State has power to vote, or control a vote, at a meeting of the board or managing body of the entity;\nthe State has power to vote, or control a vote, at a meeting of the members of the entity.\ns 154G ins 2000 No. 40 s 28\n(sec.154G-ssec.1) For this part, a State influenced entity is an entity whose functions include coordinating or facilitating the integration of public passenger services.\n(sec.154G-ssec.2) However, an entity is a State influenced entity only if at least 1 of the following applies— the State has power to appoint a person to, or remove a person from, the board or managing body of the entity; the State has power to vote, or control a vote, at a meeting of the board or managing body of the entity; the State has power to vote, or control a vote, at a meeting of the members of the entity.\n- (a) the State has power to appoint a person to, or remove a person from, the board or managing body of the entity;\n- (b) the State has power to vote, or control a vote, at a meeting of the board or managing body of the entity;\n- (c) the State has power to vote, or control a vote, at a meeting of the members of the entity.","sortOrder":498},{"sectionNumber":"sec.154H","sectionType":"section","heading":"References to public passenger services in pt 2","content":"### sec.154H References to public passenger services in pt 2\n\nA reference in this part to a public passenger service does not include a reference to a public passenger service that is a taxi service or booked hire service.\nA reference in this part to the public passenger service of a service entity is a reference to a public passenger service the service entity provides or proposes to provide in Queensland as an operator.\ns 154H ins 2000 No. 40 s 28\namd 2017 No. 18 s 25\n(sec.154H-ssec.1) A reference in this part to a public passenger service does not include a reference to a public passenger service that is a taxi service or booked hire service.\n(sec.154H-ssec.2) A reference in this part to the public passenger service of a service entity is a reference to a public passenger service the service entity provides or proposes to provide in Queensland as an operator.","sortOrder":499},{"sectionNumber":"sec.154I","sectionType":"section","heading":"Extended meanings of certain expressions in pt 2","content":"### sec.154I Extended meanings of certain expressions in pt 2\n\nFor this part—\nreference to making a contract or arrangement containing a particular provision includes reference to the following—\noffering to make a contract or arrangement containing the particular provision;\nrefusing to make a contract or arrangement unless the contract or arrangement contains the particular provision; and\nreference to arriving at an understanding containing a particular provision includes reference to the following—\noffering to arrive at an understanding containing the particular provision;\nrefusing to arrive at an understanding unless the understanding contains the particular provision; and\nreference to the supply of something includes reference to the following—\nthe supply of the thing at a particular price;\nan offer to supply the thing;\nan offer to supply the thing at a particular price;\ngiving, or offering to give, a discount, allowance, rebate or credit in relation to the supply or proposed supply of the thing;\nresupply of the thing; and\nreference to the supply of something on a condition includes reference to a refusal to supply the thing without the condition.\ns 154I ins 2000 No. 40 s 28\n- (a) reference to making a contract or arrangement containing a particular provision includes reference to the following— (i) offering to make a contract or arrangement containing the particular provision; (ii) refusing to make a contract or arrangement unless the contract or arrangement contains the particular provision; and\n- (i) offering to make a contract or arrangement containing the particular provision;\n- (ii) refusing to make a contract or arrangement unless the contract or arrangement contains the particular provision; and\n- (b) reference to arriving at an understanding containing a particular provision includes reference to the following— (i) offering to arrive at an understanding containing the particular provision; (ii) refusing to arrive at an understanding unless the understanding contains the particular provision; and\n- (i) offering to arrive at an understanding containing the particular provision;\n- (ii) refusing to arrive at an understanding unless the understanding contains the particular provision; and\n- (c) reference to the supply of something includes reference to the following— (i) the supply of the thing at a particular price; (ii) an offer to supply the thing; (iii) an offer to supply the thing at a particular price; (iv) giving, or offering to give, a discount, allowance, rebate or credit in relation to the supply or proposed supply of the thing; (v) resupply of the thing; and\n- (i) the supply of the thing at a particular price;\n- (ii) an offer to supply the thing;\n- (iii) an offer to supply the thing at a particular price;\n- (iv) giving, or offering to give, a discount, allowance, rebate or credit in relation to the supply or proposed supply of the thing;\n- (v) resupply of the thing; and\n- (d) reference to the supply of something on a condition includes reference to a refusal to supply the thing without the condition.\n- (i) offering to make a contract or arrangement containing the particular provision;\n- (ii) refusing to make a contract or arrangement unless the contract or arrangement contains the particular provision; and\n- (i) offering to arrive at an understanding containing the particular provision;\n- (ii) refusing to arrive at an understanding unless the understanding contains the particular provision; and\n- (i) the supply of the thing at a particular price;\n- (ii) an offer to supply the thing;\n- (iii) an offer to supply the thing at a particular price;\n- (iv) giving, or offering to give, a discount, allowance, rebate or credit in relation to the supply or proposed supply of the thing;\n- (v) resupply of the thing; and","sortOrder":500},{"sectionNumber":"ch.12-pt.2-div.2","sectionType":"division","heading":"Authorisations","content":"## Authorisations","sortOrder":501},{"sectionNumber":"sec.154J","sectionType":"section","heading":"Authorisations for coordination and integration of public passenger services","content":"### sec.154J Authorisations for coordination and integration of public passenger services\n\nThe following things are specifically authorised for the competition legislation—\n2 or more service entities making a contract or arrangement, or arriving at an understanding, that includes an identified provision, but only if the contract, arrangement or understanding was first approved by the Minister;\na service entity giving effect to an identified provision mentioned in paragraph (a) ;\n2 or more service entities making a contract or arrangement, or arriving at an understanding, containing a fare provision;\na service entity giving effect to a fare provision mentioned in paragraph (c) ;\n2 or more service entities making a contract or arrangement, or arriving at an understanding, containing a provision under which the service entities—\nare to share revenue or profits received by any of them in relation to a public passenger service of 1 or more of them; or\nare to pay all or part of the costs related to providing a public passenger service of 1 or more of them;\na service entity giving effect to a provision mentioned in paragraph (e) ;\n2 or more service entities making a contract or arrangement, or arriving at an understanding, containing a service entity provision;\na service entity giving effect to a service entity provision mentioned in paragraph (g) ;\n1 or more service entities and a management entity making a contract or arrangement, or arriving at an understanding, containing an identified provision, a fare provision, a management entity provision or a service entity provision;\na service entity or management entity giving effect to a provision mentioned in paragraph (i) ;\na management entity and another entity (the system entity ) making a contract or arrangement, or arriving at an understanding, containing a provision about the system entity doing 1 or more of the following in relation to service equipment for 1 or more service entities’ public passenger services—\ndesigning the equipment;\nmaking the equipment;\nbuilding the equipment;\ninstalling the equipment;\nmaintaining the equipment;\nan entity giving effect to a provision mentioned in paragraph (k) .\ns 154J ins 2000 No. 40 s 28\n- (a) 2 or more service entities making a contract or arrangement, or arriving at an understanding, that includes an identified provision, but only if the contract, arrangement or understanding was first approved by the Minister;\n- (b) a service entity giving effect to an identified provision mentioned in paragraph (a) ;\n- (c) 2 or more service entities making a contract or arrangement, or arriving at an understanding, containing a fare provision;\n- (d) a service entity giving effect to a fare provision mentioned in paragraph (c) ;\n- (e) 2 or more service entities making a contract or arrangement, or arriving at an understanding, containing a provision under which the service entities— (i) are to share revenue or profits received by any of them in relation to a public passenger service of 1 or more of them; or (ii) are to pay all or part of the costs related to providing a public passenger service of 1 or more of them;\n- (i) are to share revenue or profits received by any of them in relation to a public passenger service of 1 or more of them; or\n- (ii) are to pay all or part of the costs related to providing a public passenger service of 1 or more of them;\n- (f) a service entity giving effect to a provision mentioned in paragraph (e) ;\n- (g) 2 or more service entities making a contract or arrangement, or arriving at an understanding, containing a service entity provision;\n- (h) a service entity giving effect to a service entity provision mentioned in paragraph (g) ;\n- (i) 1 or more service entities and a management entity making a contract or arrangement, or arriving at an understanding, containing an identified provision, a fare provision, a management entity provision or a service entity provision;\n- (j) a service entity or management entity giving effect to a provision mentioned in paragraph (i) ;\n- (k) a management entity and another entity (the system entity ) making a contract or arrangement, or arriving at an understanding, containing a provision about the system entity doing 1 or more of the following in relation to service equipment for 1 or more service entities’ public passenger services— (i) designing the equipment; (ii) making the equipment; (iii) building the equipment; (iv) installing the equipment; (v) maintaining the equipment;\n- (i) designing the equipment;\n- (ii) making the equipment;\n- (iii) building the equipment;\n- (iv) installing the equipment;\n- (v) maintaining the equipment;\n- (l) an entity giving effect to a provision mentioned in paragraph (k) .\n- (i) are to share revenue or profits received by any of them in relation to a public passenger service of 1 or more of them; or\n- (ii) are to pay all or part of the costs related to providing a public passenger service of 1 or more of them;\n- (i) designing the equipment;\n- (ii) making the equipment;\n- (iii) building the equipment;\n- (iv) installing the equipment;\n- (v) maintaining the equipment;","sortOrder":502},{"sectionNumber":"sec.154K","sectionType":"section","heading":"Provisions limiting application of authorisations","content":"### sec.154K Provisions limiting application of authorisations\n\nSection 154J applies to a service entity in relation to a public passenger service it provides or proposes to provide only if the service entity is—\nif the public passenger service is a service for the carriage of passengers on a railway—\na railway manager for the railway; or\na railway operator who is an accredited person under the Rail Safety National Law (Queensland) in respect of railway operations relating to the railway; or\nthe Authority; or\nif the public passenger service is a ferry service—the operator of the ferry service; or\notherwise—the holder of an operator accreditation for the public passenger service.\nSection 154J (b) , (d) , (f) and (h) applies to a provision for only 5 years after the contract, arrangement or understanding containing the provision is made or arrived at.\ns 154K ins 2000 No. 40 s 28\namd 1994 No. 8 s 491 (3) sch 5 (amd 2003 No. 54 ss 34 , 39 ); 2010 No. 6 s 357 sch 1 ; 2013 No. 19 s 120 sch 1 ; 2017 No. 4 s 145 sch 1\n(sec.154K-ssec.1) Section 154J applies to a service entity in relation to a public passenger service it provides or proposes to provide only if the service entity is— if the public passenger service is a service for the carriage of passengers on a railway— a railway manager for the railway; or a railway operator who is an accredited person under the Rail Safety National Law (Queensland) in respect of railway operations relating to the railway; or the Authority; or if the public passenger service is a ferry service—the operator of the ferry service; or otherwise—the holder of an operator accreditation for the public passenger service.\n(sec.154K-ssec.2) Section 154J (b) , (d) , (f) and (h) applies to a provision for only 5 years after the contract, arrangement or understanding containing the provision is made or arrived at.\n- (a) if the public passenger service is a service for the carriage of passengers on a railway— (i) a railway manager for the railway; or (ii) a railway operator who is an accredited person under the Rail Safety National Law (Queensland) in respect of railway operations relating to the railway; or (iii) the Authority; or\n- (i) a railway manager for the railway; or\n- (ii) a railway operator who is an accredited person under the Rail Safety National Law (Queensland) in respect of railway operations relating to the railway; or\n- (iii) the Authority; or\n- (b) if the public passenger service is a ferry service—the operator of the ferry service; or\n- (c) otherwise—the holder of an operator accreditation for the public passenger service.\n- (i) a railway manager for the railway; or\n- (ii) a railway operator who is an accredited person under the Rail Safety National Law (Queensland) in respect of railway operations relating to the railway; or\n- (iii) the Authority; or","sortOrder":503},{"sectionNumber":"sec.154L","sectionType":"section","heading":"Provisions supporting application of authorisations","content":"### sec.154L Provisions supporting application of authorisations\n\nA thing authorised under section 154J , as qualified by section 154K , is authorised even if—\nit has a purpose, or an effect or likely effect, of substantially lessening competition in a market; or\nit has a purpose described in CCA , section 46 (1) or the Competition Code , section 46 (1) ; or\nthe applicable contract, arrangement or understanding contains a provision that—\nunder CCA , section 4D , is taken to be an exclusionary provision under CCA ; or\nunder the Competition Code , is taken to be an exclusionary provision under the Competition Code .\nA thing mentioned in section 154J (g) , (h) , (i) , (j) , (k) or (l) , as qualified by section 154K , is authorised even if it involves an entity to which the provision applies engaging in the practice of exclusive dealing in a way described in CCA , section 47 or in the Competition Code , section 47 .\ns 154L ins 2000 No. 40 s 28\namd 2010 No. 54 s 67 sch\n(sec.154L-ssec.1) A thing authorised under section 154J , as qualified by section 154K , is authorised even if— it has a purpose, or an effect or likely effect, of substantially lessening competition in a market; or it has a purpose described in CCA , section 46 (1) or the Competition Code , section 46 (1) ; or the applicable contract, arrangement or understanding contains a provision that— under CCA , section 4D , is taken to be an exclusionary provision under CCA ; or under the Competition Code , is taken to be an exclusionary provision under the Competition Code .\n(sec.154L-ssec.2) A thing mentioned in section 154J (g) , (h) , (i) , (j) , (k) or (l) , as qualified by section 154K , is authorised even if it involves an entity to which the provision applies engaging in the practice of exclusive dealing in a way described in CCA , section 47 or in the Competition Code , section 47 .\n- (a) it has a purpose, or an effect or likely effect, of substantially lessening competition in a market; or\n- (b) it has a purpose described in CCA , section 46 (1) or the Competition Code , section 46 (1) ; or\n- (c) the applicable contract, arrangement or understanding contains a provision that— (i) under CCA , section 4D , is taken to be an exclusionary provision under CCA ; or (ii) under the Competition Code , is taken to be an exclusionary provision under the Competition Code .\n- (i) under CCA , section 4D , is taken to be an exclusionary provision under CCA ; or\n- (ii) under the Competition Code , is taken to be an exclusionary provision under the Competition Code .\n- (i) under CCA , section 4D , is taken to be an exclusionary provision under CCA ; or\n- (ii) under the Competition Code , is taken to be an exclusionary provision under the Competition Code .","sortOrder":504},{"sectionNumber":"ch.12-pt.3","sectionType":"part","heading":"Regulation-making power","content":"# Regulation-making power","sortOrder":505},{"sectionNumber":"sec.155","sectionType":"section","heading":"Regulation-making power","content":"### sec.155 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nA regulation may be made prescribing offences for a contravention of a regulation and fixing a maximum penalty of not more than 80 penalty units for the contravention.\nA regulation may—\nprescribe fees, charges and taxes payable for the issue of instruments or doing other things under this Act; or\nmake provision about the safety of public passenger services and issues affecting the safety of the services, including, for example, the use of security cameras and other security devices in vehicles used to provide the services; or\nrelate to fares charged for the use of public passenger services or payment surcharges for fares; or\nmake provision about the rights and obligations of passengers and drivers of public passenger vehicles; or\nprovide for a matter relating to persons, vehicles or other property on public transport infrastructure; or\nspecify the requirements for operator accreditation, driver authorisation or booking entity authorisation; or\nprovide for the funding or operation of public passenger services and issues affecting the services; or\nspecify requirements for public passenger vehicles or for equipment for public passenger vehicles; or\nrequire the collection, maintenance, retention or production of records; or\nprescribe rules about the use by the following, under the Transport Infrastructure Act 1994 , of busway land—\nbuses operating on a busway established on the busway land;\npersons having the permission of the chief executive to be on the busway land; or\nprescribe rules about the use by the following, under the Transport Infrastructure Act 1994 , of light rail land—\nlight rail vehicles operating on a light rail established on the light rail land;\npersons having the permission of the chief executive or a light rail manager for the light rail to be on the light rail land.\ns 155 amd 2000 No. 40 s 29 ; 2008 No. 31 s 72 sch ; 2007 No. 43 s 30 ; 2009 No. 47 s 20 sch ; 2014 No. 43 s 73 ; 2017 No. 18 s 26\n(sec.155-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.155-ssec.2) A regulation may be made prescribing offences for a contravention of a regulation and fixing a maximum penalty of not more than 80 penalty units for the contravention.\n(sec.155-ssec.3) A regulation may— prescribe fees, charges and taxes payable for the issue of instruments or doing other things under this Act; or make provision about the safety of public passenger services and issues affecting the safety of the services, including, for example, the use of security cameras and other security devices in vehicles used to provide the services; or relate to fares charged for the use of public passenger services or payment surcharges for fares; or make provision about the rights and obligations of passengers and drivers of public passenger vehicles; or provide for a matter relating to persons, vehicles or other property on public transport infrastructure; or specify the requirements for operator accreditation, driver authorisation or booking entity authorisation; or provide for the funding or operation of public passenger services and issues affecting the services; or specify requirements for public passenger vehicles or for equipment for public passenger vehicles; or require the collection, maintenance, retention or production of records; or prescribe rules about the use by the following, under the Transport Infrastructure Act 1994 , of busway land— buses operating on a busway established on the busway land; persons having the permission of the chief executive to be on the busway land; or prescribe rules about the use by the following, under the Transport Infrastructure Act 1994 , of light rail land— light rail vehicles operating on a light rail established on the light rail land; persons having the permission of the chief executive or a light rail manager for the light rail to be on the light rail land.\n- (a) prescribe fees, charges and taxes payable for the issue of instruments or doing other things under this Act; or\n- (b) make provision about the safety of public passenger services and issues affecting the safety of the services, including, for example, the use of security cameras and other security devices in vehicles used to provide the services; or\n- (c) relate to fares charged for the use of public passenger services or payment surcharges for fares; or\n- (d) make provision about the rights and obligations of passengers and drivers of public passenger vehicles; or\n- (da) provide for a matter relating to persons, vehicles or other property on public transport infrastructure; or\n- (e) specify the requirements for operator accreditation, driver authorisation or booking entity authorisation; or\n- (f) provide for the funding or operation of public passenger services and issues affecting the services; or\n- (g) specify requirements for public passenger vehicles or for equipment for public passenger vehicles; or\n- (h) require the collection, maintenance, retention or production of records; or\n- (i) prescribe rules about the use by the following, under the Transport Infrastructure Act 1994 , of busway land— (i) buses operating on a busway established on the busway land; (ii) persons having the permission of the chief executive to be on the busway land; or\n- (i) buses operating on a busway established on the busway land;\n- (ii) persons having the permission of the chief executive to be on the busway land; or\n- (j) prescribe rules about the use by the following, under the Transport Infrastructure Act 1994 , of light rail land— (i) light rail vehicles operating on a light rail established on the light rail land; (ii) persons having the permission of the chief executive or a light rail manager for the light rail to be on the light rail land.\n- (i) light rail vehicles operating on a light rail established on the light rail land;\n- (ii) persons having the permission of the chief executive or a light rail manager for the light rail to be on the light rail land.\n- (i) buses operating on a busway established on the busway land;\n- (ii) persons having the permission of the chief executive to be on the busway land; or\n- (i) light rail vehicles operating on a light rail established on the light rail land;\n- (ii) persons having the permission of the chief executive or a light rail manager for the light rail to be on the light rail land.","sortOrder":506},{"sectionNumber":"sec.155A","sectionType":"section","heading":null,"content":"### Section sec.155A\n\ns 155A ins 2016 No. 65 s 141\namd 2017 No. 18 s 8\nexp 9 December 2018 (see s 155A(3))","sortOrder":507},{"sectionNumber":"ch.12-pt.4","sectionType":"part","heading":null,"content":"","sortOrder":508},{"sectionNumber":"sec.155B","sectionType":"section","heading":null,"content":"### Section sec.155B\n\ns 155B ins 2016 No. 65 s 141A\nom 2019 No. 24 s 115","sortOrder":509},{"sectionNumber":"ch.13-pt.1","sectionType":"part","heading":"Transitional provision for Transport Legislation Amendment Act 2002","content":"# Transitional provision for Transport Legislation Amendment Act 2002","sortOrder":510},{"sectionNumber":"sec.156","sectionType":"section","heading":"Continuation of temporary service contracts","content":"### sec.156 Continuation of temporary service contracts\n\nA temporary service contract entered into under this Act as in force immediately before the commencement of this section continues for its term as a service contract under this Act unless it is sooner cancelled or terminated under this Act.\ns 156 prev s 156 exp 7 November 2000 (see prev s 156(2))\npres s 156 ins 2002 No. 15 s 60","sortOrder":511},{"sectionNumber":"ch.13-pt.1A","sectionType":"part","heading":"Transitional provisions for Transport and Other Legislation Amendment Act 2004","content":"# Transitional provisions for Transport and Other Legislation Amendment Act 2004","sortOrder":512},{"sectionNumber":"ch.13-pt.1A-div.1","sectionType":"division","heading":"Authorised persons","content":"## Authorised persons","sortOrder":513},{"sectionNumber":"sec.157","sectionType":"section","heading":"Authorised persons","content":"### sec.157 Authorised persons\n\nA person who, immediately before the commencement of this section, was an authorised person for a railway under section 116(1) or (2) or an authorised person for a light rail under section 116(2A) is taken to be an authorised person under section 111.\nSection 116 (Appointment of authorised persons for railways or light rail) was omitted by 2004 Act No. 9 section 20.\nSubsection (1) does not affect any limitation on the powers of the authorised person existing immediately before the commencement of this section.\ns 157 prev s 157 amd 1996 No. 43 s 7\nAIA s 20A applies (see prev s 157(3))\nexp 7 November 2000 (see prev s 157(2))\npres s 157 ins 2004 No. 9 s 55\n(sec.157-ssec.1) A person who, immediately before the commencement of this section, was an authorised person for a railway under section 116(1) or (2) or an authorised person for a light rail under section 116(2A) is taken to be an authorised person under section 111. Section 116 (Appointment of authorised persons for railways or light rail) was omitted by 2004 Act No. 9 section 20.\n(sec.157-ssec.2) Subsection (1) does not affect any limitation on the powers of the authorised person existing immediately before the commencement of this section.","sortOrder":514},{"sectionNumber":"ch.13-pt.1A-div.2","sectionType":"division","heading":null,"content":"","sortOrder":515},{"sectionNumber":"sec.158","sectionType":"section","heading":null,"content":"### Section sec.158\n\ns 158 orig s 158 amd 1996 No. 43 s 8\nAIA s 20A applies (see orig s 158(3))\nexp 7 November 2000 (see orig s 158(2))\nprev s 158 ins 2004 No. 9 s 55\nom 2008 No. 32 s 100","sortOrder":516},{"sectionNumber":"sec.159","sectionType":"section","heading":null,"content":"### Section sec.159\n\ns 159 orig s 159 amd 1995 No. 48 s 12 sch ; 1996 No. 43 s 9\nexp 7 November 1999 (see orig s 159(6))\nprev s 159 ins 2004 No. 9 s 55\nom 2008 No. 32 s 100","sortOrder":517},{"sectionNumber":"sec.160","sectionType":"section","heading":null,"content":"### Section sec.160\n\ns 160 orig s 160 amd 1995 No. 48 s 12 sch ; 1996 No. 43 s 10\nexp 7 November 1999 (see orig s 160(7))\nprev s 160 ins 2004 No. 9 s 55\nom 2008 No. 32 s 100","sortOrder":518},{"sectionNumber":"sec.161","sectionType":"section","heading":null,"content":"### Section sec.161\n\ns 161 orig s 161 exp 7 May 1995 (see orig s 161(2))\nprev s 161 (orig s 150) amd 1996 No. 43 s 11 ; 1997 No. 66 s 106\nexp 7 November 1999 (see prev s 161(8))\namd 2000 No. 6 s 74 (amdt could not be given effect)\nins 2004 No. 9 s 55\nom 2008 No. 32 s 100","sortOrder":519},{"sectionNumber":"ch.13-pt.1A-div.3","sectionType":"division","heading":"Driver disqualifying offences","content":"## Driver disqualifying offences","sortOrder":520},{"sectionNumber":"sec.162","sectionType":"section","heading":"Driver disqualifying offences","content":"### sec.162 Driver disqualifying offences\n\nFor the purposes of a reference in this Act to a category A driver disqualifying offence, category B driver disqualifying offence or category C driver disqualifying offence, it is declared that—\nthe reference includes a reference to the offence whether the offence was or is committed before or after the commencement of this section; and\na reference to a conviction of the offence includes a conviction of the offence whether the conviction happened before or after the commencement of this section.\nIf the person has been convicted of a category A disqualifying offence before the commencement of this section—\nif the person holds driver authorisation on the commencement—the driver authorisation is immediately cancelled on the commencement; and\nif the person has applied for the grant or renewal of driver authorisation before the commencement that has not been finalised—the application is terminated on the commencement; and\nif the person immediately before the commencement has an entitlement to have driver authorisation granted or renewed under a decision of a court on appeal from the decision of the chief executive—the entitlement is extinguished on the commencement.\ns 162 orig s 162 exp 7 May 1995 (see orig s 162(3))\nprev s 162 (orig s 151) amd 1995 No. 48 s 12 sch ; 1996 No. 43 s 12\nexp 7 November 1999 (see prev s 162(6))\namd 2000 No. 6 s 75 (amdt could not be given effect)\npres s 162 ins 2004 No. 9 s 55\n(sec.162-ssec.1) For the purposes of a reference in this Act to a category A driver disqualifying offence, category B driver disqualifying offence or category C driver disqualifying offence, it is declared that— the reference includes a reference to the offence whether the offence was or is committed before or after the commencement of this section; and a reference to a conviction of the offence includes a conviction of the offence whether the conviction happened before or after the commencement of this section.\n(sec.162-ssec.2) If the person has been convicted of a category A disqualifying offence before the commencement of this section— if the person holds driver authorisation on the commencement—the driver authorisation is immediately cancelled on the commencement; and if the person has applied for the grant or renewal of driver authorisation before the commencement that has not been finalised—the application is terminated on the commencement; and if the person immediately before the commencement has an entitlement to have driver authorisation granted or renewed under a decision of a court on appeal from the decision of the chief executive—the entitlement is extinguished on the commencement.\n- (a) the reference includes a reference to the offence whether the offence was or is committed before or after the commencement of this section; and\n- (b) a reference to a conviction of the offence includes a conviction of the offence whether the conviction happened before or after the commencement of this section.\n- (a) if the person holds driver authorisation on the commencement—the driver authorisation is immediately cancelled on the commencement; and\n- (b) if the person has applied for the grant or renewal of driver authorisation before the commencement that has not been finalised—the application is terminated on the commencement; and\n- (c) if the person immediately before the commencement has an entitlement to have driver authorisation granted or renewed under a decision of a court on appeal from the decision of the chief executive—the entitlement is extinguished on the commencement.","sortOrder":521},{"sectionNumber":"sec.163","sectionType":"section","heading":"Transitional regulation-making power","content":"### sec.163 Transitional regulation-making power\n\nA regulation made after the commencement of this section may provide that a regulation in existence immediately before the commencement is amended from the commencement in order to take account of the creation of driver disqualifying offences for driver authorisations on the commencement.\nSubsection (1) applies even if the regulation is not a beneficial provision within the meaning of the Statutory Instruments Act 1992 , section 34.\ns 163 orig s 163 exp 7 January 1995 (see orig s 163(2))\nprev s 163 exp 7 November 1995 (see prev s 163(5))\npres s 163 ins 2004 No. 9 s 55\n(sec.163-ssec.1) A regulation made after the commencement of this section may provide that a regulation in existence immediately before the commencement is amended from the commencement in order to take account of the creation of driver disqualifying offences for driver authorisations on the commencement.\n(sec.163-ssec.2) Subsection (1) applies even if the regulation is not a beneficial provision within the meaning of the Statutory Instruments Act 1992 , section 34.","sortOrder":522},{"sectionNumber":"ch.13-pt.1B","sectionType":"part","heading":"Transitional provisions for Transport and Other Legislation Amendment Act (No. 2) 2004","content":"# Transitional provisions for Transport and Other Legislation Amendment Act (No. 2) 2004","sortOrder":523},{"sectionNumber":"sec.164","sectionType":"section","heading":"Provisions dealing with impact of decisions of local governments on public passenger transport","content":"### sec.164 Provisions dealing with impact of decisions of local governments on public passenger transport\n\nThis section applies if under section 145 as in force immediately before the commencement of part 3 of the amending Act a local government applied to the chief executive for approval for a matter and the chief executive’s decision on the application has not been made.\nSections 145 and 146 and schedule 2, as in force immediately before the commencement, continue to apply in relation to the matter as if the amending Act had not been enacted.\nIn this section—\namending Act means the Transport and Other Legislation Amendment Act (No. 2) 2004 .\ns 164 prev s 164 exp 7 November 1996 (see s 164(2))\npres s 164 ins 2004 No. 40 s 9\n(sec.164-ssec.1) This section applies if under section 145 as in force immediately before the commencement of part 3 of the amending Act a local government applied to the chief executive for approval for a matter and the chief executive’s decision on the application has not been made.\n(sec.164-ssec.2) Sections 145 and 146 and schedule 2, as in force immediately before the commencement, continue to apply in relation to the matter as if the amending Act had not been enacted.\n(sec.164-ssec.3) In this section— amending Act means the Transport and Other Legislation Amendment Act (No. 2) 2004 .","sortOrder":524},{"sectionNumber":"sec.165","sectionType":"section","heading":null,"content":"### Section sec.165\n\ns 165 exp 31 May 1996 (see s 165(8))","sortOrder":525},{"sectionNumber":"sec.166","sectionType":"section","heading":null,"content":"### Section sec.166\n\ns 166 exp 31 May 1996 (see s 166(10))","sortOrder":526},{"sectionNumber":"sec.167","sectionType":"section","heading":null,"content":"### Section sec.167\n\ns 167 exp 7 November 1996 (see s 167(3))","sortOrder":527},{"sectionNumber":"sec.168","sectionType":"section","heading":null,"content":"### Section sec.168\n\ns 168 amd 1995 No. 48 s 12 sch\nexp 7 November 1997 (see s 168(2))","sortOrder":528},{"sectionNumber":"sec.169","sectionType":"section","heading":null,"content":"### Section sec.169\n\ns 169 exp 7 November 1996 (see s 169(3))","sortOrder":529},{"sectionNumber":"sec.170","sectionType":"section","heading":null,"content":"### Section sec.170\n\ns 170 orig s 170 exp 7 January 1995 (see orig s 172)\nprev s 170 amd 1995 No. 48 s 12 sch\nexp 7 November 1997 (see prev s 170(2))","sortOrder":530},{"sectionNumber":"sec.171","sectionType":"section","heading":null,"content":"### Section sec.171\n\ns 171 orig s 171 exp 7 January 1995 (see orig s 172)\nprev s 171 exp 7 November 1996 (see prev s 171(3))","sortOrder":531},{"sectionNumber":"sec.172","sectionType":"section","heading":null,"content":"### Section sec.172\n\ns 172 orig s 172 exp 7 January 1995 (see orig s 172)\nprev s 172 amd 1995 No. 48 s 12 sch\nsub 1996 No. 43 s 13\namd 1997 No. 81 s 3 sch\nAIA s 20A applies (see prev s 172(8))\nexp 7 November 1999 (see prev s 172(7))","sortOrder":532},{"sectionNumber":"sec.172A","sectionType":"section","heading":null,"content":"### Section sec.172A\n\ns 172A ins 1996 No. 43 s 13\nexp 30 November 1996 (see s 172A(5))","sortOrder":533},{"sectionNumber":"sec.172B","sectionType":"section","heading":null,"content":"### Section sec.172B\n\ns 172B ins 1996 No. 43 s 13\nexp 30 November 1996 (see s 172B(3))","sortOrder":534},{"sectionNumber":"sec.172C","sectionType":"section","heading":null,"content":"### Section sec.172C\n\ns 172C ins 1996 No. 43 s 13\nexp 30 November 2001 (see s 172C(6))","sortOrder":535},{"sectionNumber":"sec.172D","sectionType":"section","heading":null,"content":"### Section sec.172D\n\ns 172D ins 1996 No. 43 s 13\nexp 30 November 2001 (see s 172D(5))","sortOrder":536},{"sectionNumber":"sec.172E","sectionType":"section","heading":null,"content":"### Section sec.172E\n\ns 172E ins 1996 No. 43 s 13\nexp 30 November 2001 (see s 172E(3))","sortOrder":537},{"sectionNumber":"sec.172F","sectionType":"section","heading":null,"content":"### Section sec.172F\n\ns 172F ins 1996 No. 43 s 13\nexp 7 November 1999 (see s 172F(4))","sortOrder":538},{"sectionNumber":"sec.173","sectionType":"section","heading":null,"content":"### Section sec.173\n\ns 173 exp 7 November 1995 (see s 173(3))","sortOrder":539},{"sectionNumber":"ch.13-pt.2","sectionType":"part","heading":"Transition of references in Acts","content":"# Transition of references in Acts","sortOrder":540},{"sectionNumber":"sec.174","sectionType":"section","heading":"Application of part","content":"### sec.174 Application of part\n\nThis part applies to references in Acts enacted before its commencement.","sortOrder":541},{"sectionNumber":"sec.175","sectionType":"section","heading":"Urban Passenger Service Proprietors Assistance Act 1975 references","content":"### sec.175 Urban Passenger Service Proprietors Assistance Act 1975 references\n\nA reference to the Urban Passenger Service Proprietors Assistance Act 1975 is taken to be a reference to this Act.\ns 175 orig s 175 ins 1995 No. 32 s 23 sch\nprev s 175 om 3 August 1995 RA s 43","sortOrder":542},{"sectionNumber":"sec.176","sectionType":"section","heading":"Urban Public Passenger Transport Act 1984 references","content":"### sec.176 Urban Public Passenger Transport Act 1984 references\n\nA reference to the Urban Public Passenger Transport Act 1984 is taken to be a reference to this Act.","sortOrder":543},{"sectionNumber":"sec.177","sectionType":"section","heading":"State Transport Act 1960 references etc.","content":"### sec.177 State Transport Act 1960 references etc.\n\nA reference (whether express or implied) to a provision of the State Transport Act 1960 repealed by this Act is taken to be a reference to this Act.\nA reference to a licence to hire-taxi-meter cab or a licence to hire-exempted cab under the State Transport Act 1960 is taken to be a reference to a taxi service licence under this Act.\nA reference to a licence to hire-private hire car under the State Transport Act 1960 is taken to be a reference to a limousine service licence.\n(sec.177-ssec.1) A reference (whether express or implied) to a provision of the State Transport Act 1960 repealed by this Act is taken to be a reference to this Act.\n(sec.177-ssec.2) A reference to a licence to hire-taxi-meter cab or a licence to hire-exempted cab under the State Transport Act 1960 is taken to be a reference to a taxi service licence under this Act.\n(sec.177-ssec.3) A reference to a licence to hire-private hire car under the State Transport Act 1960 is taken to be a reference to a limousine service licence.","sortOrder":544},{"sectionNumber":"ch.13-pt.3","sectionType":"part","heading":"Validation of particular service contracts","content":"# Validation of particular service contracts","sortOrder":545},{"sectionNumber":"sec.178","sectionType":"section","heading":"Validation of service contracts in Translink area","content":"### sec.178 Validation of service contracts in Translink area\n\nThis section applies if, before the commencement of the relevant section—\na person provided a public passenger service for a service contract area or route that is in the Translink area; and\nthe public passenger service was provided under a written agreement with the chief executive that was a service contract.\nThe written agreement and anything done under the agreement, is taken to be, and to have always been, as valid as it would be if it were a written agreement with the chief executive within the meaning of section 43(1)(a)(ii), entered into after the commencement of the relevant section.\nWithout limiting subsection (2), the public passenger service provided under the written agreement is taken to be, and to have always been, as validly provided under the agreement as it would have been if it had been provided after the commencement of the relevant section.\nSubsection (2) does not make invalid any instrument that is valid.\nIn this section—\nrelevant section means the Transport Legislation Amendment Act 2005 , section 52.\ns 178 prev s 178 exp 7 November 1999 (see prev s 179)\npres s 178 ins 2005 No. 49 s 55\n(sec.178-ssec.1) This section applies if, before the commencement of the relevant section— a person provided a public passenger service for a service contract area or route that is in the Translink area; and the public passenger service was provided under a written agreement with the chief executive that was a service contract.\n(sec.178-ssec.2) The written agreement and anything done under the agreement, is taken to be, and to have always been, as valid as it would be if it were a written agreement with the chief executive within the meaning of section 43(1)(a)(ii), entered into after the commencement of the relevant section.\n(sec.178-ssec.3) Without limiting subsection (2), the public passenger service provided under the written agreement is taken to be, and to have always been, as validly provided under the agreement as it would have been if it had been provided after the commencement of the relevant section.\n(sec.178-ssec.4) Subsection (2) does not make invalid any instrument that is valid.\n(sec.178-ssec.5) In this section— relevant section means the Transport Legislation Amendment Act 2005 , section 52.\n- (a) a person provided a public passenger service for a service contract area or route that is in the Translink area; and\n- (b) the public passenger service was provided under a written agreement with the chief executive that was a service contract.","sortOrder":546},{"sectionNumber":"ch.13-pt.4","sectionType":"part","heading":null,"content":"","sortOrder":547},{"sectionNumber":"sec.179","sectionType":"section","heading":null,"content":"### Section sec.179\n\ns 179 prev s 179 amd 1996 No. 43 s 14\nexp 7 November 1999 (see s 179)\npres s 179 ins 2006 No. 21 s 138\nom 2013 No. 39 s 109 sch 2","sortOrder":548},{"sectionNumber":"ch.13-pt.5","sectionType":"part","heading":"Provision for Transport Legislation Amendment Act 2008, part 7","content":"# Provision for Transport Legislation Amendment Act 2008, part 7","sortOrder":549},{"sectionNumber":"sec.180","sectionType":"section","heading":"Category C driver disqualifying offence","content":"### sec.180 Category C driver disqualifying offence\n\nFor the purposes of a reference in this Act to a category C driver disqualifying offence, it is declared that the reference includes a reference to a section 9 offence only if the section 9 offence was committed after the commencement.\nFor the purposes of a reference in this Act to a conviction of a person for a category C driver disqualifying offence, it is declared that the reference includes a conviction for a section 9 offence only if the section 9 offence was committed after the commencement.\nIn this section—\ncommencement means the commencement of the Transport Legislation Amendment Act 2008 , section 43.\nsection 9 offence means an offence against the Summary Offences Act 2005 , section 9.\ns 180 ins 2008 No. 31 s 42\n(sec.180-ssec.1) For the purposes of a reference in this Act to a category C driver disqualifying offence, it is declared that the reference includes a reference to a section 9 offence only if the section 9 offence was committed after the commencement.\n(sec.180-ssec.2) For the purposes of a reference in this Act to a conviction of a person for a category C driver disqualifying offence, it is declared that the reference includes a conviction for a section 9 offence only if the section 9 offence was committed after the commencement.\n(sec.180-ssec.3) In this section— commencement means the commencement of the Transport Legislation Amendment Act 2008 , section 43. section 9 offence means an offence against the Summary Offences Act 2005 , section 9.","sortOrder":550},{"sectionNumber":"ch.13-pt.6","sectionType":"part","heading":"Provision for Transport Operations (TransLink Transit Authority) Act 2008","content":"# Provision for Transport Operations (TransLink Transit Authority) Act 2008","sortOrder":551},{"sectionNumber":"sec.181","sectionType":"section","heading":"Existing declarations under s 42(2) for a scheduled passenger service","content":"### sec.181 Existing declarations under s 42(2) for a scheduled passenger service\n\nThis section applies to a declaration under section 42(2) if—\nit was in force immediately before the Transport Operations (TransLink Transit Authority) Act 2008 , section 104(2) commences; and\nunder the declaration, a service contract is required to provide a specified kind of service that, under this Act as in force before the commencement, was a long distance scheduled passenger service or a scheduled passenger service.\nOn the commencement, the declaration is taken to be a declaration under section 42(2) to provide the same kind of service as a general route service.\ns 181 (prev s 180) ins 2008 No. 32 s 101\nrenum 2008 No. 67 s 229 ; 2009 No. 47 s 20 sch amdt 4 (amdt could not be given effect)\n(sec.181-ssec.1) This section applies to a declaration under section 42(2) if— it was in force immediately before the Transport Operations (TransLink Transit Authority) Act 2008 , section 104(2) commences; and under the declaration, a service contract is required to provide a specified kind of service that, under this Act as in force before the commencement, was a long distance scheduled passenger service or a scheduled passenger service.\n(sec.181-ssec.2) On the commencement, the declaration is taken to be a declaration under section 42(2) to provide the same kind of service as a general route service.\n- (a) it was in force immediately before the Transport Operations (TransLink Transit Authority) Act 2008 , section 104(2) commences; and\n- (b) under the declaration, a service contract is required to provide a specified kind of service that, under this Act as in force before the commencement, was a long distance scheduled passenger service or a scheduled passenger service.","sortOrder":552},{"sectionNumber":"ch.13-pt.7","sectionType":"part","heading":"Transitional provision for Transport and Other Legislation Amendment Act 2008, part 6 , division 1","content":"# Transitional provision for Transport and Other Legislation Amendment Act 2008, part 6 , division 1","sortOrder":553},{"sectionNumber":"sec.182","sectionType":"section","heading":"Application of ch 11, pt 4B","content":"### sec.182 Application of ch 11, pt 4B\n\nChapter 11, part 4B applies only in relation to an offence committed after the commencement of this section.\ns 182 ins 2008 No. 67 s 230","sortOrder":554},{"sectionNumber":"ch.13-pt.8","sectionType":"part","heading":null,"content":"","sortOrder":555},{"sectionNumber":"sec.183","sectionType":"section","heading":null,"content":"### Section sec.183\n\ns 183 ins 2009 No. 47 s 24\nom 2013 No. 39 s 109 sch 2","sortOrder":556},{"sectionNumber":"ch.13-pt.9","sectionType":"part","heading":"Transitional provisions for Transport and Other Legislation Amendment Act 2010","content":"# Transitional provisions for Transport and Other Legislation Amendment Act 2010","sortOrder":557},{"sectionNumber":"ch.13-pt.9-div.1","sectionType":"division","heading":"Provisions for relocated provisions","content":"## Provisions for relocated provisions","sortOrder":558},{"sectionNumber":"sec.184","sectionType":"section","heading":"Relocation of TransLink Act provisions","content":"### sec.184 Relocation of TransLink Act provisions\n\nTo remove any doubt, it is declared that the relocated provisions were not re-enacted by the Transport and Other Legislation Amendment Act 2010, but merely moved (without re-enactment) to this Act.\nWithout limiting subsection (1) and to further remove any doubt, it is also declared that the relocation did not—\nimpliedly repeal or amend, or otherwise affect the operation of, the existing provisions of this Act, the relocated provisions or the provisions of any other law; or\naffect the meaning or effect that the existing or relocated provisions, or the provisions of the other law, had because of the respective times when they were enacted.\nHowever, definitions in this Act apply to all provisions of this Act.\nIn an Act or document, a reference to a provision of the TransLink Act that is relocated to this Act by the Transport and Other Legislation Amendment Act 2010 may, if the context permits, be taken to be a reference to the relocated provision in this Act.\nIn this section—\nrelocated provision means a provision of the TransLink Act that is relocated to this Act by the Transport and Other Legislation Amendment Act 2010 , section 132.\nTransLink Act means the Transport Operations (TransLink Transit Authority) Act 2008 .\ns 184 ins 2010 No. 13 s 124\n(sec.184-ssec.1) To remove any doubt, it is declared that the relocated provisions were not re-enacted by the Transport and Other Legislation Amendment Act 2010, but merely moved (without re-enactment) to this Act.\n(sec.184-ssec.2) Without limiting subsection (1) and to further remove any doubt, it is also declared that the relocation did not— impliedly repeal or amend, or otherwise affect the operation of, the existing provisions of this Act, the relocated provisions or the provisions of any other law; or affect the meaning or effect that the existing or relocated provisions, or the provisions of the other law, had because of the respective times when they were enacted.\n(sec.184-ssec.3) However, definitions in this Act apply to all provisions of this Act.\n(sec.184-ssec.4) In an Act or document, a reference to a provision of the TransLink Act that is relocated to this Act by the Transport and Other Legislation Amendment Act 2010 may, if the context permits, be taken to be a reference to the relocated provision in this Act.\n(sec.184-ssec.5) In this section— relocated provision means a provision of the TransLink Act that is relocated to this Act by the Transport and Other Legislation Amendment Act 2010 , section 132. TransLink Act means the Transport Operations (TransLink Transit Authority) Act 2008 .\n- (a) impliedly repeal or amend, or otherwise affect the operation of, the existing provisions of this Act, the relocated provisions or the provisions of any other law; or\n- (b) affect the meaning or effect that the existing or relocated provisions, or the provisions of the other law, had because of the respective times when they were enacted.","sortOrder":559},{"sectionNumber":"ch.13-pt.9-div.2","sectionType":"division","heading":"Other provisions","content":"## Other provisions","sortOrder":560},{"sectionNumber":"sec.185","sectionType":"section","heading":"Provision for s 67B","content":"### sec.185 Provision for s 67B\n\nA declaration made under the previous declaration provision and in effect immediately before the commencement has effect on and from the commencement as if it were a declaration made under section 67B.\nIn this section—\ncommencement means the commencement of this section.\nprevious declaration provision means the Transport Operations (TransLink Transit Authority) Act 2008 , section 47 as in force before the commencement.\ns 185 ins 2010 No. 13 s 124\n(sec.185-ssec.1) A declaration made under the previous declaration provision and in effect immediately before the commencement has effect on and from the commencement as if it were a declaration made under section 67B.\n(sec.185-ssec.2) In this section— commencement means the commencement of this section. previous declaration provision means the Transport Operations (TransLink Transit Authority) Act 2008 , section 47 as in force before the commencement.","sortOrder":561},{"sectionNumber":"sec.186","sectionType":"section","heading":"Provision for s 67D","content":"### sec.186 Provision for s 67D\n\nA written approval given under the previous approval provision and in effect immediately before the commencement has effect on and from the commencement as if it were an approval given under section 67D.\nIn this section—\ncommencement means the commencement of this section.\nprevious approval provision means the Transport Operations (TransLink Transit Authority) Act 2008 , section 49 as in force before the commencement.\ns 186 ins 2010 No. 13 s 124\n(sec.186-ssec.1) A written approval given under the previous approval provision and in effect immediately before the commencement has effect on and from the commencement as if it were an approval given under section 67D.\n(sec.186-ssec.2) In this section— commencement means the commencement of this section. previous approval provision means the Transport Operations (TransLink Transit Authority) Act 2008 , section 49 as in force before the commencement.","sortOrder":562},{"sectionNumber":"sec.187","sectionType":"section","heading":"Deferral of application of s 67H for particular contracts and arrangements for special event services","content":"### sec.187 Deferral of application of s 67H for particular contracts and arrangements for special event services\n\nThis section applies to a contract or arrangement made or entered into in relation to a non-TransLink area before section 67H commences.\nSection 67H does not apply to the performance of the contract or arrangement until the first anniversary of the commencement of this section.\ns 187 ins 2010 No. 13 s 124\n(sec.187-ssec.1) This section applies to a contract or arrangement made or entered into in relation to a non-TransLink area before section 67H commences.\n(sec.187-ssec.2) Section 67H does not apply to the performance of the contract or arrangement until the first anniversary of the commencement of this section.","sortOrder":563},{"sectionNumber":"ch.13-pt.10","sectionType":"part","heading":"Validation of regulation","content":"# Validation of regulation","sortOrder":564},{"sectionNumber":"sec.188","sectionType":"section","heading":"Validation of Transport Legislation Amendment (Postponement) Regulation (No. 1) 2008","content":"### sec.188 Validation of Transport Legislation Amendment (Postponement) Regulation (No. 1) 2008\n\nThe postponement regulation is, and is taken to always have been, validly made under the Acts Interpretation Act 1954 , section 15DA(3) despite the 2 year limitation imposed by that provision.\nIn this section—\npostponement regulation means the Transport Legislation Amendment (Postponement) Regulation (No. 1) 2008 , SL No. 350.\ns 188 ins 2010 No. 42 s 208\n(sec.188-ssec.1) The postponement regulation is, and is taken to always have been, validly made under the Acts Interpretation Act 1954 , section 15DA(3) despite the 2 year limitation imposed by that provision.\n(sec.188-ssec.2) In this section— postponement regulation means the Transport Legislation Amendment (Postponement) Regulation (No. 1) 2008 , SL No. 350.","sortOrder":565},{"sectionNumber":"ch.13-pt.11","sectionType":"part","heading":"Transitional provisions for Transport and Other Legislation Amendment Act 2011","content":"# Transitional provisions for Transport and Other Legislation Amendment Act 2011","sortOrder":566},{"sectionNumber":"sec.189","sectionType":"section","heading":"Application of amended provisions about driver disqualifying offences in relation to driver authorisations","content":"### sec.189 Application of amended provisions about driver disqualifying offences in relation to driver authorisations\n\nA postcommencement provision applies in relation to an application for driver authorisation made but not decided before the commencement.\nAlso, a postcommencement provision applies to a person who holds driver authorisation granted or renewed before the commencement.\nIn this section—\ncommencement means the commencement of this section.\npostcommencement provisions means the following provisions as in force on and from the commencement—\nsection 28B;\nschedule 3, definition, category A driver disqualifying offence ;\nschedule 3, definition, category B driver disqualifying offence ;\nschedule 3, definition, category C driver disqualifying offence ;\nschedule 1A.\ns 189 ins 2011 No. 12 s 91\n(sec.189-ssec.1) A postcommencement provision applies in relation to an application for driver authorisation made but not decided before the commencement.\n(sec.189-ssec.2) Also, a postcommencement provision applies to a person who holds driver authorisation granted or renewed before the commencement.\n(sec.189-ssec.3) In this section— commencement means the commencement of this section. postcommencement provisions means the following provisions as in force on and from the commencement— section 28B; schedule 3, definition, category A driver disqualifying offence ; schedule 3, definition, category B driver disqualifying offence ; schedule 3, definition, category C driver disqualifying offence ; schedule 1A.\n- (a) section 28B;\n- (b) schedule 3, definition, category A driver disqualifying offence ;\n- (c) schedule 3, definition, category B driver disqualifying offence ;\n- (d) schedule 3, definition, category C driver disqualifying offence ;\n- (e) schedule 1A.","sortOrder":567},{"sectionNumber":"sec.190","sectionType":"section","heading":"Application of ch 11, pt 4B immediately before the commencement","content":"### sec.190 Application of ch 11, pt 4B immediately before the commencement\n\nChapter 11, part 4B immediately before the commencement of this section applies in relation to a relevant application in relation to a person made but not decided before the commencement of this section.\nIn this section—\nrelevant application , in relation to a person, means an application under chapter 11, part 4B for the following—\nan exclusion order in relation to the person;\nan order varying or revoking an exclusion order in relation to a person.\ns 190 ins 2011 No. 12 s 91\n(sec.190-ssec.1) Chapter 11, part 4B immediately before the commencement of this section applies in relation to a relevant application in relation to a person made but not decided before the commencement of this section.\n(sec.190-ssec.2) In this section— relevant application , in relation to a person, means an application under chapter 11, part 4B for the following— an exclusion order in relation to the person; an order varying or revoking an exclusion order in relation to a person.\n- (a) an exclusion order in relation to the person;\n- (b) an order varying or revoking an exclusion order in relation to a person.","sortOrder":568},{"sectionNumber":"sec.191","sectionType":"section","heading":"Application of ch 11, pt 4C","content":"### sec.191 Application of ch 11, pt 4C\n\nChapter 11, part 4C does not apply to an act of violence committed by a person before the commencement of this section.\nChapter 11, part 4C does not apply in relation to an infringement notice served on a person before the commencement of this section.\ns 191 ins 2011 No. 12 s 91\n(sec.191-ssec.1) Chapter 11, part 4C does not apply to an act of violence committed by a person before the commencement of this section.\n(sec.191-ssec.2) Chapter 11, part 4C does not apply in relation to an infringement notice served on a person before the commencement of this section.","sortOrder":569},{"sectionNumber":"ch.13-pt.12","sectionType":"part","heading":"Transitional provision for Weapons Amendment Act 2011","content":"# Transitional provision for Weapons Amendment Act 2011","sortOrder":570},{"sectionNumber":"sec.192","sectionType":"section","heading":"Meaning of disqualifying offence","content":"### sec.192 Meaning of disqualifying offence\n\nFor deciding whether an offence against the Weapons Act 1990 , section 51(1), is a disqualifying offence, an offence committed before the commencement can not be taken into account.\nIn this section—\ncommencement means the commencement of the Weapons Amendment Act 2011 .\ns 192 ins 2011 No. 37 s 53 sch\n(sec.192-ssec.1) For deciding whether an offence against the Weapons Act 1990 , section 51(1), is a disqualifying offence, an offence committed before the commencement can not be taken into account.\n(sec.192-ssec.2) In this section— commencement means the commencement of the Weapons Amendment Act 2011 .","sortOrder":571},{"sectionNumber":"ch.13-pt.13","sectionType":"part","heading":"Transitional and declaratory provisions for Transport Operations (Passenger Transport) and Other Legislation Amendment Act 2012","content":"# Transitional and declaratory provisions for Transport Operations (Passenger Transport) and Other Legislation Amendment Act 2012","sortOrder":572},{"sectionNumber":"sec.193","sectionType":"section","heading":"Definitions for pt 13","content":"### sec.193 Definitions for pt 13\n\nIn this part—\nrepealed Act means the Transport Operations (TransLink Transit Authority) Act 2008 .\ntransfer day means the day on which the Transport Operations (Passenger Transport) and Other Legislation Amendment Act 2012 , section 32 commences.\nTransLink means either of the following entities established under the repealed Act—\nthe TransLink Transit Authority;\nthe TransLink Transit Authority Employing Office.\ns 193 ins 2012 No. 31 s 28\n- (a) the TransLink Transit Authority;\n- (b) the TransLink Transit Authority Employing Office.","sortOrder":573},{"sectionNumber":"sec.194","sectionType":"section","heading":"Declaratory provision for s 62AAG(6)","content":"### sec.194 Declaratory provision for s 62AAG(6)\n\nIt is declared that section 62AAG(6), definition specified kind , as inserted in this Act by the Transport Operations (TransLink Transit Authority) Act 2008 , section 93, is taken always to have referred to section 42.\ns 194 ins 2012 No. 31 s 28","sortOrder":574},{"sectionNumber":"sec.195","sectionType":"section","heading":"Novation of TransLink contracts to the State","content":"### sec.195 Novation of TransLink contracts to the State\n\nThis section applies to a contract—\nto which, immediately before the transfer day, TransLink is a party; and\nthat is not a service contract, work performance arrangement or contract of employment.\nThe following apply despite any provision of the contract—\nthe State is taken to be a party to the contract instead of TransLink;\nthe State assumes TransLink’s liabilities and rights under the contract;\na reference in the contract to TransLink is taken to be a reference to the State;\nchanges to the contract that are necessary for, or incidental to, the matters in paragraphs (a) to (c) are taken to have been made.\nSubsection (2), or any thing done under it, does not—\ndischarge or otherwise affect the contract or the performance of the contract by another party to it; or\nfulfil a condition allowing a person to terminate the contract or be released, wholly or partly, from the contract or a liability under it.\nIf the advice or consent of, or giving notice to, a person would be necessary to give effect to any matter under subsection (2)—\nthe advice is taken to have been obtained; and\nthe consent or notice is taken to have been given.\nIn this section—\ncontract includes a deed or other instrument, whether or not for consideration.\ns 195 ins 2012 No. 31 s 29\n(sec.195-ssec.1) This section applies to a contract— to which, immediately before the transfer day, TransLink is a party; and that is not a service contract, work performance arrangement or contract of employment.\n(sec.195-ssec.2) The following apply despite any provision of the contract— the State is taken to be a party to the contract instead of TransLink; the State assumes TransLink’s liabilities and rights under the contract; a reference in the contract to TransLink is taken to be a reference to the State; changes to the contract that are necessary for, or incidental to, the matters in paragraphs (a) to (c) are taken to have been made.\n(sec.195-ssec.3) Subsection (2), or any thing done under it, does not— discharge or otherwise affect the contract or the performance of the contract by another party to it; or fulfil a condition allowing a person to terminate the contract or be released, wholly or partly, from the contract or a liability under it.\n(sec.195-ssec.4) If the advice or consent of, or giving notice to, a person would be necessary to give effect to any matter under subsection (2)— the advice is taken to have been obtained; and the consent or notice is taken to have been given.\n(sec.195-ssec.5) In this section— contract includes a deed or other instrument, whether or not for consideration.\n- (a) to which, immediately before the transfer day, TransLink is a party; and\n- (b) that is not a service contract, work performance arrangement or contract of employment.\n- (a) the State is taken to be a party to the contract instead of TransLink;\n- (b) the State assumes TransLink’s liabilities and rights under the contract;\n- (c) a reference in the contract to TransLink is taken to be a reference to the State;\n- (d) changes to the contract that are necessary for, or incidental to, the matters in paragraphs (a) to (c) are taken to have been made.\n- (a) discharge or otherwise affect the contract or the performance of the contract by another party to it; or\n- (b) fulfil a condition allowing a person to terminate the contract or be released, wholly or partly, from the contract or a liability under it.\n- (a) the advice is taken to have been obtained; and\n- (b) the consent or notice is taken to have been given.","sortOrder":575},{"sectionNumber":"sec.196","sectionType":"section","heading":"Existing service contracts not affected","content":"### sec.196 Existing service contracts not affected\n\nTo remove any doubt, it is declared that, subject to subsection (2), the repeal of the repealed Act does not, of itself, alter or in any way affect a service contract.\nA service contract that, immediately before the transfer day, was a TransLink service contract is taken to be an integrated mass transit service contract.\nIn this section—\nTransLink service contract see section 62AAC as in force immediately before the transfer day.\ns 196 ins 2012 No. 31 s 29\n(sec.196-ssec.1) To remove any doubt, it is declared that, subject to subsection (2), the repeal of the repealed Act does not, of itself, alter or in any way affect a service contract.\n(sec.196-ssec.2) A service contract that, immediately before the transfer day, was a TransLink service contract is taken to be an integrated mass transit service contract.\n(sec.196-ssec.3) In this section— TransLink service contract see section 62AAC as in force immediately before the transfer day.","sortOrder":576},{"sectionNumber":"sec.197","sectionType":"section","heading":"Transfer of TransLink assets and liabilities to the State","content":"### sec.197 Transfer of TransLink assets and liabilities to the State\n\nAt the beginning of the day on the transfer day—\nTransLink is divested of all TransLink assets and released from all TransLink liabilities; and\nTransLink assets become the assets of the State; and\nTransLink liabilities are assumed by the State.\nThis section does not limit or otherwise affect section 195(2)(b).\nIn this section—\nTransLink asset means an asset that, immediately before the transfer day, is an asset of TransLink.\nTransLink liability means a liability that, immediately before the transfer day, is a liability of TransLink.\ns 197 ins 2012 No. 31 s 29\n(sec.197-ssec.1) At the beginning of the day on the transfer day— TransLink is divested of all TransLink assets and released from all TransLink liabilities; and TransLink assets become the assets of the State; and TransLink liabilities are assumed by the State.\n(sec.197-ssec.2) This section does not limit or otherwise affect section 195(2)(b).\n(sec.197-ssec.3) In this section— TransLink asset means an asset that, immediately before the transfer day, is an asset of TransLink. TransLink liability means a liability that, immediately before the transfer day, is a liability of TransLink.\n- (a) TransLink is divested of all TransLink assets and released from all TransLink liabilities; and\n- (b) TransLink assets become the assets of the State; and\n- (c) TransLink liabilities are assumed by the State.","sortOrder":577},{"sectionNumber":"sec.198","sectionType":"section","heading":"Successor in law","content":"### sec.198 Successor in law\n\nThe State is the successor in law of TransLink.\nWithout limiting subsection (1), proceedings by or against TransLink, or that could have been started by or against TransLink before the transfer day, may be continued or started by or against the State.\ns 198 ins 2012 No. 31 s 29\n(sec.198-ssec.1) The State is the successor in law of TransLink.\n(sec.198-ssec.2) Without limiting subsection (1), proceedings by or against TransLink, or that could have been started by or against TransLink before the transfer day, may be continued or started by or against the State.","sortOrder":578},{"sectionNumber":"sec.199","sectionType":"section","heading":"Registration of transferred assets","content":"### sec.199 Registration of transferred assets\n\nThis section applies to the registrar of titles or other person responsible for keeping a register for dealings about an asset that, under section 197(1)(b), becomes an asset of the State.\nThe registrar or person must, if asked by the State in the appropriate form, and on payment of any fee, record a transfer of the asset to the State.\nIn this section—\nregistrar of titles means a public official or authority responsible for registering title to land and dealings affecting land.\ns 199 ins 2012 No. 31 s 29\n(sec.199-ssec.1) This section applies to the registrar of titles or other person responsible for keeping a register for dealings about an asset that, under section 197(1)(b), becomes an asset of the State.\n(sec.199-ssec.2) The registrar or person must, if asked by the State in the appropriate form, and on payment of any fee, record a transfer of the asset to the State.\n(sec.199-ssec.3) In this section— registrar of titles means a public official or authority responsible for registering title to land and dealings affecting land.","sortOrder":579},{"sectionNumber":"sec.200","sectionType":"section","heading":"References to former body known as TransLink","content":"### sec.200 References to former body known as TransLink\n\nA reference in a document to TransLink is, if the context permits, taken to be a reference to the State.\nThis section does not apply to an industrial instrument.\ns 200 ins 2012 No. 31 s 29\n(sec.200-ssec.1) A reference in a document to TransLink is, if the context permits, taken to be a reference to the State.\n(sec.200-ssec.2) This section does not apply to an industrial instrument.","sortOrder":580},{"sectionNumber":"sec.201","sectionType":"section","heading":"Preservation of rights of employees","content":"### sec.201 Preservation of rights of employees\n\nAn employee of TransLink, other than the chief executive officer of TransLink, is transferred to the department.\nOn the transfer mentioned in subsection (1)—\nthe employee retains and is entitled to all rights that have accrued to the employee because of the person’s employment with TransLink; and\nthe employee’s service as an employee of TransLink is taken to be service of a like nature in the public service for deciding the employee’s rights as a public service employee; and\nthe employee’s continuity of service is not broken.\ns 201 ins 2012 No. 31 s 29\n(sec.201-ssec.1) An employee of TransLink, other than the chief executive officer of TransLink, is transferred to the department.\n(sec.201-ssec.2) On the transfer mentioned in subsection (1)— the employee retains and is entitled to all rights that have accrued to the employee because of the person’s employment with TransLink; and the employee’s service as an employee of TransLink is taken to be service of a like nature in the public service for deciding the employee’s rights as a public service employee; and the employee’s continuity of service is not broken.\n- (a) the employee retains and is entitled to all rights that have accrued to the employee because of the person’s employment with TransLink; and\n- (b) the employee’s service as an employee of TransLink is taken to be service of a like nature in the public service for deciding the employee’s rights as a public service employee; and\n- (c) the employee’s continuity of service is not broken.","sortOrder":581},{"sectionNumber":"sec.202","sectionType":"section","heading":"Special event declarations","content":"### sec.202 Special event declarations\n\nA special event declaration made under the previous declaration provisions and in effect immediately before the transfer day has effect from the transfer day as if it were a declaration made under section 67C.\nA written approval given under the previous approval provisions and in effect before the transfer day has effect from the transfer day as if it were the chief executive’s written approval given under section 67E.\nIn this section—\nprevious approval provisions means sections 67D and 67H as in force before the transfer day.\nprevious declaration provisions means sections 67B and 67F as in force before the transfer day.\ns 202 ins 2012 No. 31 s 29\n(sec.202-ssec.1) A special event declaration made under the previous declaration provisions and in effect immediately before the transfer day has effect from the transfer day as if it were a declaration made under section 67C.\n(sec.202-ssec.2) A written approval given under the previous approval provisions and in effect before the transfer day has effect from the transfer day as if it were the chief executive’s written approval given under section 67E.\n(sec.202-ssec.3) In this section— previous approval provisions means sections 67D and 67H as in force before the transfer day. previous declaration provisions means sections 67B and 67F as in force before the transfer day.","sortOrder":582},{"sectionNumber":"ch.13-pt.14","sectionType":"part","heading":"Validation provisions for Transport and Other Legislation Amendment Act 2014","content":"# Validation provisions for Transport and Other Legislation Amendment Act 2014","sortOrder":583},{"sectionNumber":"sec.203","sectionType":"section","heading":"Extended services under integrated mass transit service contracts","content":"### sec.203 Extended services under integrated mass transit service contracts\n\nThis section applies if, before the commencement of this section, a person was permitted, required or invited to provide, under an integrated mass transit service contract, a road-based general route service for an undeclared area or route.\nThe undeclared area or route is taken to be, and to always have been, part of the integrated mass transit area.\nThe chief executive must, by notice on the department’s website, add the undeclared area or route to a service contract area or route within the integrated mass transit area.\nThe notice must be published on the department’s website within 56 days after the commencement of this section.\ns 203 ins 2014 No. 43 s 74\n(sec.203-ssec.1) This section applies if, before the commencement of this section, a person was permitted, required or invited to provide, under an integrated mass transit service contract, a road-based general route service for an undeclared area or route.\n(sec.203-ssec.2) The undeclared area or route is taken to be, and to always have been, part of the integrated mass transit area.\n(sec.203-ssec.3) The chief executive must, by notice on the department’s website, add the undeclared area or route to a service contract area or route within the integrated mass transit area.\n(sec.203-ssec.4) The notice must be published on the department’s website within 56 days after the commencement of this section.","sortOrder":584},{"sectionNumber":"sec.204","sectionType":"section","heading":"Extended services under standard service contracts","content":"### sec.204 Extended services under standard service contracts\n\nThis section applies if, before the commencement of this section, a person was permitted, required or invited to provide, under a standard service contract for a service contract area or route, a road-based general route service for an undeclared area or route.\nThe undeclared area or route is taken to be, and to always have been, part of the service contract area or route.\nThe chief executive must, by notice on the department’s website, add the undeclared area or route to the service contract area or route.\nThe notice must be published on the department’s website within 56 days after the commencement of this section.\nThis section applies to a road-based general route service that is a school service only if the service runs to a timetable fixed under the contract.\ns 204 ins 2014 No. 43 s 74\n(sec.204-ssec.1) This section applies if, before the commencement of this section, a person was permitted, required or invited to provide, under a standard service contract for a service contract area or route, a road-based general route service for an undeclared area or route.\n(sec.204-ssec.2) The undeclared area or route is taken to be, and to always have been, part of the service contract area or route.\n(sec.204-ssec.3) The chief executive must, by notice on the department’s website, add the undeclared area or route to the service contract area or route.\n(sec.204-ssec.4) The notice must be published on the department’s website within 56 days after the commencement of this section.\n(sec.204-ssec.5) This section applies to a road-based general route service that is a school service only if the service runs to a timetable fixed under the contract.","sortOrder":585},{"sectionNumber":"ch.13-pt.15","sectionType":"part","heading":"Transitional provision for Holidays and Other Legislation Amendment Act 2015","content":"# Transitional provision for Holidays and Other Legislation Amendment Act 2015","sortOrder":586},{"sectionNumber":"sec.205","sectionType":"section","heading":"Digital photos and digitised signatures","content":"### sec.205 Digital photos and digitised signatures\n\nA digital photo or digitised signature of a person kept under this Act by the chief executive immediately before the commencement is, on the commencement, taken to be kept under the TPC Act by the chief executive of the department in which that Act is administered.\ns 205 ins 2015 No. 14 s 34","sortOrder":587},{"sectionNumber":"ch.13-pt.16","sectionType":"part","heading":"Transitional provision for Transport Legislation (Taxi Services) Amendment Act 2016","content":"# Transitional provision for Transport Legislation (Taxi Services) Amendment Act 2016","sortOrder":588},{"sectionNumber":"sec.206","sectionType":"section","heading":"Application of s 70","content":"### sec.206 Application of s 70\n\nSection 70, as in force on the commencement, applies only in relation to an offence that happens after the commencement.\ns 206 ins 2016 No. 13 s 3E","sortOrder":589},{"sectionNumber":"ch.13-pt.17","sectionType":"part","heading":"Transitional provision for Heavy Vehicle National Law and Other Legislation Amendment Act 2016","content":"# Transitional provision for Heavy Vehicle National Law and Other Legislation Amendment Act 2016","sortOrder":590},{"sectionNumber":"sec.207","sectionType":"section","heading":"Regulation-making power—expiry or repeal of taxi and limousine industry assistance regulation","content":"### sec.207 Regulation-making power—expiry or repeal of taxi and limousine industry assistance regulation\n\nA regulation may provide for a matter of a saving or transitional nature relating to the expiry or repeal of a regulation under section 155A ( taxi and limousine industry assistance regulation ).\nA regulation under subsection (1) may provide for the continued operation of all or part of the taxi and limousine industry assistance regulation for any of the following purposes—\ndetermining an application for financial assistance made, but not determined, before the expiry or repeal of the taxi and limousine industry assistance regulation;\nstarting or deciding a review of a decision relating to an application for financial assistance;\nthe repayment of all or part of financial assistance paid to a person before or after the expiry or repeal of the taxi and limousine industry assistance regulation.\ns 207 ins 2016 No. 65 s 142\n(sec.207-ssec.1) A regulation may provide for a matter of a saving or transitional nature relating to the expiry or repeal of a regulation under section 155A ( taxi and limousine industry assistance regulation ).\n(sec.207-ssec.2) A regulation under subsection (1) may provide for the continued operation of all or part of the taxi and limousine industry assistance regulation for any of the following purposes— determining an application for financial assistance made, but not determined, before the expiry or repeal of the taxi and limousine industry assistance regulation; starting or deciding a review of a decision relating to an application for financial assistance; the repayment of all or part of financial assistance paid to a person before or after the expiry or repeal of the taxi and limousine industry assistance regulation.\n- (a) determining an application for financial assistance made, but not determined, before the expiry or repeal of the taxi and limousine industry assistance regulation;\n- (b) starting or deciding a review of a decision relating to an application for financial assistance;\n- (c) the repayment of all or part of financial assistance paid to a person before or after the expiry or repeal of the taxi and limousine industry assistance regulation.","sortOrder":591},{"sectionNumber":"ch.13-pt.18","sectionType":"part","heading":"Transitional provisions for Transport and Other Legislation (Personalised Transport Reform) Amendment Act 2017","content":"# Transitional provisions for Transport and Other Legislation (Personalised Transport Reform) Amendment Act 2017","sortOrder":592},{"sectionNumber":"sec.208","sectionType":"section","heading":"Definitions for part","content":"### sec.208 Definitions for part\n\nIn this part—\namending Act means the Transport and Other Legislation (Personalised Transport Reform) Amendment Act 2017 .\nprevious , in relation to a provision of this Act, means the provision as in force before the commencement.\ns 208 ins 2017 No. 18 s 28","sortOrder":593},{"sectionNumber":"sec.209","sectionType":"section","heading":"Existing taxi service bailment agreements","content":"### sec.209 Existing taxi service bailment agreements\n\nA taxi service bailment agreement in force immediately before the commencement continues in force despite the repeal of chapter 4A of the Act by the amending Act.\nHowever, previous chapter 4A does not continue to apply to the taxi service bailment agreement.\ns 209 ins 2017 No. 18 s 28\n(sec.209-ssec.1) A taxi service bailment agreement in force immediately before the commencement continues in force despite the repeal of chapter 4A of the Act by the amending Act.\n(sec.209-ssec.2) However, previous chapter 4A does not continue to apply to the taxi service bailment agreement.","sortOrder":594},{"sectionNumber":"sec.210","sectionType":"section","heading":"Existing taxi administration service contracts","content":"### sec.210 Existing taxi administration service contracts\n\nThis section applies to a service contract for the administration of taxi services that is in force immediately before the commencement.\nThe service contract ends on the commencement.\nHowever, a provision of the service contract about the taxi subsidy scheme continues in force to the extent the provision applies to a taxi service provided to a person before the commencement.\nIf a review of the holder’s performance under the service contract had started but not ended under section 46 before the commencement, the review ends on the commencement.\nIn this section—\ntaxi subsidy scheme means the scheme provided for by a regulation under previous section 80 under which the State pays the whole or part of taxi fares for particular groups.\ns 210 ins 2017 No. 18 s 28\n(sec.210-ssec.1) This section applies to a service contract for the administration of taxi services that is in force immediately before the commencement.\n(sec.210-ssec.2) The service contract ends on the commencement.\n(sec.210-ssec.3) However, a provision of the service contract about the taxi subsidy scheme continues in force to the extent the provision applies to a taxi service provided to a person before the commencement.\n(sec.210-ssec.4) If a review of the holder’s performance under the service contract had started but not ended under section 46 before the commencement, the review ends on the commencement.\n(sec.210-ssec.5) In this section— taxi subsidy scheme means the scheme provided for by a regulation under previous section 80 under which the State pays the whole or part of taxi fares for particular groups.","sortOrder":595},{"sectionNumber":"sec.211","sectionType":"section","heading":"Existing taxi service areas","content":"### sec.211 Existing taxi service areas\n\nThis section applies to a taxi service area declared by the chief executive under previous section 71 if the declaration was in force immediately before the commencement.\nThe taxi service area is taken to be a taxi service area declared under section 91ZT.\ns 211 ins 2017 No. 18 s 28\n(sec.211-ssec.1) This section applies to a taxi service area declared by the chief executive under previous section 71 if the declaration was in force immediately before the commencement.\n(sec.211-ssec.2) The taxi service area is taken to be a taxi service area declared under section 91ZT.","sortOrder":596},{"sectionNumber":"sec.212","sectionType":"section","heading":"Record of booking for a limousine service","content":"### sec.212 Record of booking for a limousine service\n\nThis section applies to a record made before the commencement required to be kept under previous section 87C if it has been less than 2 years since the record was made.\nPrevious section 87C continues to apply in relation to the record—\nas if the reference in the section to 5 years were a reference to 2 years; and\nas if this Act had not been amended by the amending Act.\ns 212 ins 2017 No. 18 s 28\n(sec.212-ssec.1) This section applies to a record made before the commencement required to be kept under previous section 87C if it has been less than 2 years since the record was made.\n(sec.212-ssec.2) Previous section 87C continues to apply in relation to the record— as if the reference in the section to 5 years were a reference to 2 years; and as if this Act had not been amended by the amending Act.\n- (a) as if the reference in the section to 5 years were a reference to 2 years; and\n- (b) as if this Act had not been amended by the amending Act.","sortOrder":597},{"sectionNumber":"sec.213","sectionType":"section","heading":"Suspension of taxi service licence or limousine service licence","content":"### sec.213 Suspension of taxi service licence or limousine service licence\n\nThis section applies if—\na taxi service licence continued in force under section 91E(1) was, immediately before the commencement, suspended under a regulation under previous section 79(1); or\na limousine service licence continued in force as a limousine licence under section 91H(2) was, immediately before the commencement, suspended under a regulation under previous section 91(1).\nThe licence continues to be suspended under this Act until the suspension period ends.\ns 213 ins 2017 No. 18 s 28\n(sec.213-ssec.1) This section applies if— a taxi service licence continued in force under section 91E(1) was, immediately before the commencement, suspended under a regulation under previous section 79(1); or a limousine service licence continued in force as a limousine licence under section 91H(2) was, immediately before the commencement, suspended under a regulation under previous section 91(1).\n(sec.213-ssec.2) The licence continues to be suspended under this Act until the suspension period ends.\n- (a) a taxi service licence continued in force under section 91E(1) was, immediately before the commencement, suspended under a regulation under previous section 79(1); or\n- (b) a limousine service licence continued in force as a limousine licence under section 91H(2) was, immediately before the commencement, suspended under a regulation under previous section 91(1).","sortOrder":598},{"sectionNumber":"sec.214","sectionType":"section","heading":"Reviews of decisions related to taxi service administration contracts","content":"### sec.214 Reviews of decisions related to taxi service administration contracts\n\nThis section applies to a decision under section 46(8) or (9), 47(1) or (3) or 47A(3) in relation to a service contract for the administration of taxi services made before the commencement.\nChapter 10 does not apply to the decision.\nAn application for a review of the decision made under section 102 that, on the commencement, has not been decided or withdrawn is taken to have been withdrawn.\nAn application to QCAT for a review of an internal review decision for a decision mentioned in subsection (1) made under section 103 that, on the commencement, has not been decided or withdrawn is taken to have been withdrawn.\nIn this section—\ninternal review decision , for a decision, means the chief executive’s decision on a review of the decision under section 102.\ns 214 ins 2017 No. 18 s 28\n(sec.214-ssec.1) This section applies to a decision under section 46(8) or (9), 47(1) or (3) or 47A(3) in relation to a service contract for the administration of taxi services made before the commencement.\n(sec.214-ssec.2) Chapter 10 does not apply to the decision.\n(sec.214-ssec.3) An application for a review of the decision made under section 102 that, on the commencement, has not been decided or withdrawn is taken to have been withdrawn.\n(sec.214-ssec.4) An application to QCAT for a review of an internal review decision for a decision mentioned in subsection (1) made under section 103 that, on the commencement, has not been decided or withdrawn is taken to have been withdrawn.\n(sec.214-ssec.5) In this section— internal review decision , for a decision, means the chief executive’s decision on a review of the decision under section 102.","sortOrder":599},{"sectionNumber":"sec.215","sectionType":"section","heading":"Reviews of decision relating to taxi service licences and limousine service licences","content":"### sec.215 Reviews of decision relating to taxi service licences and limousine service licences\n\nThis section applies to the following decisions made before the commencement—\na decision relating to a taxi service licence under—\na regulation under previous section 75(1) or 79; or\nprevious section 77(2);\na decision relating to a limousine service licence under a regulation under previous section 88(1) or 91.\nChapter 10 applies to the decision, and to an application to the chief executive or QCAT for a review relating to the decision, as if the decision was made under the following provision of chapter 7 as in force after the commencement—\nfor a decision made under previous section 75(1) or 88(1)—section 91P(1);\nfor a decision made under previous section 77(2)—section 91G(3);\nfor a decision made under previous section 79 or 91—section 91T.\ns 215 ins 2017 No. 18 s 28\n(sec.215-ssec.1) This section applies to the following decisions made before the commencement— a decision relating to a taxi service licence under— a regulation under previous section 75(1) or 79; or previous section 77(2); a decision relating to a limousine service licence under a regulation under previous section 88(1) or 91.\n(sec.215-ssec.2) Chapter 10 applies to the decision, and to an application to the chief executive or QCAT for a review relating to the decision, as if the decision was made under the following provision of chapter 7 as in force after the commencement— for a decision made under previous section 75(1) or 88(1)—section 91P(1); for a decision made under previous section 77(2)—section 91G(3); for a decision made under previous section 79 or 91—section 91T.\n- (a) a decision relating to a taxi service licence under— (i) a regulation under previous section 75(1) or 79; or (ii) previous section 77(2);\n- (i) a regulation under previous section 75(1) or 79; or\n- (ii) previous section 77(2);\n- (b) a decision relating to a limousine service licence under a regulation under previous section 88(1) or 91.\n- (i) a regulation under previous section 75(1) or 79; or\n- (ii) previous section 77(2);\n- (a) for a decision made under previous section 75(1) or 88(1)—section 91P(1);\n- (b) for a decision made under previous section 77(2)—section 91G(3);\n- (c) for a decision made under previous section 79 or 91—section 91T.","sortOrder":600},{"sectionNumber":"sec.216","sectionType":"section","heading":"No compensation","content":"### sec.216 No compensation\n\nCompensation is not payable by the State because of the amendment of this Act by the amending Act.\ns 216 ins 2017 No. 18 s 28","sortOrder":601},{"sectionNumber":"ch.13-pt.19","sectionType":"part","heading":"Transitional provision for Transport and Other Legislation Amendment Act 2017","content":"# Transitional provision for Transport and Other Legislation Amendment Act 2017","sortOrder":602},{"sectionNumber":"sec.217","sectionType":"section","heading":"Category A driver disqualifying offence","content":"### sec.217 Category A driver disqualifying offence\n\nSubject to subsection (3), for the purposes of a reference in this Act to a category A driver disqualifying offence, it is declared that—\nthe reference includes a reference to a new category A driver disqualifying offence whether the offence was or is committed before or after the commencement; and\na reference to a conviction of the offence includes a conviction of a new category A driver disqualifying offence whether the conviction happened before or after the commencement.\nThe following paragraphs apply to a person who has been convicted of a new category A driver disqualifying offence before the commencement—\nif the person has applied for the grant or renewal of driver authorisation before the commencement and the application has not been finalised—\nthe application is terminated on the commencement; and\nthe chief executive must refund to the applicant the application fee for the application;\nif the person has applied for an internal or external review of a decision of the chief executive relating to a refusal to grant or renew driver authorisation under section 28B because of the conviction and the review has not been decided on the commencement—the application for review is taken to have been withdrawn on the commencement;\nif, immediately before the commencement, the person has an entitlement to have driver authorisation granted or renewed under a decision of the chief executive or QCAT under a review of the decision of the chief executive—the entitlement is extinguished on the commencement;\nthe person is not eligible to apply for driver authorisation, or a renewal of driver authorisation, after the commencement.\nIf a person who has been convicted of a new category A driver disqualifying offence before the commencement holds driver authorisation on the commencement, subsection (1) does not apply in relation to the person for the term of the authorisation.\nIn this section—\nnew category A driver disqualifying offence means an offence that is a category A disqualifying offence but, immediately before the commencement, was not a category A disqualifying offence.\nGenerally speaking, new category A driver disqualifying offences relate to attempted rape of an adult.\ns 217 ins 2017 No. 25 s 68\n(sec.217-ssec.1) Subject to subsection (3), for the purposes of a reference in this Act to a category A driver disqualifying offence, it is declared that— the reference includes a reference to a new category A driver disqualifying offence whether the offence was or is committed before or after the commencement; and a reference to a conviction of the offence includes a conviction of a new category A driver disqualifying offence whether the conviction happened before or after the commencement.\n(sec.217-ssec.2) The following paragraphs apply to a person who has been convicted of a new category A driver disqualifying offence before the commencement— if the person has applied for the grant or renewal of driver authorisation before the commencement and the application has not been finalised— the application is terminated on the commencement; and the chief executive must refund to the applicant the application fee for the application; if the person has applied for an internal or external review of a decision of the chief executive relating to a refusal to grant or renew driver authorisation under section 28B because of the conviction and the review has not been decided on the commencement—the application for review is taken to have been withdrawn on the commencement; if, immediately before the commencement, the person has an entitlement to have driver authorisation granted or renewed under a decision of the chief executive or QCAT under a review of the decision of the chief executive—the entitlement is extinguished on the commencement; the person is not eligible to apply for driver authorisation, or a renewal of driver authorisation, after the commencement.\n(sec.217-ssec.3) If a person who has been convicted of a new category A driver disqualifying offence before the commencement holds driver authorisation on the commencement, subsection (1) does not apply in relation to the person for the term of the authorisation.\n(sec.217-ssec.4) In this section— new category A driver disqualifying offence means an offence that is a category A disqualifying offence but, immediately before the commencement, was not a category A disqualifying offence. Generally speaking, new category A driver disqualifying offences relate to attempted rape of an adult.\n- (a) the reference includes a reference to a new category A driver disqualifying offence whether the offence was or is committed before or after the commencement; and\n- (b) a reference to a conviction of the offence includes a conviction of a new category A driver disqualifying offence whether the conviction happened before or after the commencement.\n- (a) if the person has applied for the grant or renewal of driver authorisation before the commencement and the application has not been finalised— (i) the application is terminated on the commencement; and (ii) the chief executive must refund to the applicant the application fee for the application;\n- (i) the application is terminated on the commencement; and\n- (ii) the chief executive must refund to the applicant the application fee for the application;\n- (b) if the person has applied for an internal or external review of a decision of the chief executive relating to a refusal to grant or renew driver authorisation under section 28B because of the conviction and the review has not been decided on the commencement—the application for review is taken to have been withdrawn on the commencement;\n- (c) if, immediately before the commencement, the person has an entitlement to have driver authorisation granted or renewed under a decision of the chief executive or QCAT under a review of the decision of the chief executive—the entitlement is extinguished on the commencement;\n- (d) the person is not eligible to apply for driver authorisation, or a renewal of driver authorisation, after the commencement.\n- (i) the application is terminated on the commencement; and\n- (ii) the chief executive must refund to the applicant the application fee for the application;","sortOrder":603},{"sectionNumber":"ch.13-pt.20","sectionType":"part","heading":"Transitional provision for Personalised Transport Ombudsman Act 2019","content":"# Transitional provision for Personalised Transport Ombudsman Act 2019","sortOrder":604},{"sectionNumber":"sec.218","sectionType":"section","heading":"Proceedings for particular offences","content":"### sec.218 Proceedings for particular offences\n\nThis section applies if a person is alleged to have committed an offence against any of the following provisions before the commencement—\nformer section 143AC;\nformer section 143ADA;\nformer section 143ADB.\nWithout limiting the Acts Interpretation Act 1954 , section 20, a proceeding for the offence may be continued or started, and the person may be punished for the offence, as if the Personalised Transport Ombudsman Act 2019 , sections 125 and 126 had not commenced.\nSubsection (2) applies despite the Criminal Code, section 11.\nIn this section—\nformer , in relation to a provision, means as in force before the commencement.\ns 218 ins 2019 No. 24 s 134\n(sec.218-ssec.1) This section applies if a person is alleged to have committed an offence against any of the following provisions before the commencement— former section 143AC; former section 143ADA; former section 143ADB.\n(sec.218-ssec.2) Without limiting the Acts Interpretation Act 1954 , section 20, a proceeding for the offence may be continued or started, and the person may be punished for the offence, as if the Personalised Transport Ombudsman Act 2019 , sections 125 and 126 had not commenced.\n(sec.218-ssec.3) Subsection (2) applies despite the Criminal Code, section 11.\n(sec.218-ssec.4) In this section— former , in relation to a provision, means as in force before the commencement.\n- (a) former section 143AC;\n- (b) former section 143ADA;\n- (c) former section 143ADB.","sortOrder":605},{"sectionNumber":"ch.13-pt.21","sectionType":"part","heading":"Transitional provisions for Transport and Other Legislation Amendment Act 2024","content":"# Transitional provisions for Transport and Other Legislation Amendment Act 2024","sortOrder":606},{"sectionNumber":"sec.219","sectionType":"section","heading":"Definitions for part","content":"### sec.219 Definitions for part\n\nIn this part—\namending Act means the Transport and Other Legislation Amendment Act 2024 .\nformer , in relation to a provision, means as in force immediately before the commencement.\nperson in the chain of responsibility means a person in the chain of responsibility for a taxi service or booked hire service under former section 84(1).\nrelevant safety provision means a provision of relevant transport legislation relating to the safety of persons or property, including the safety of—\nthe drivers of, and passengers in, motor vehicles; and\npersons or property in or in the vicinity of, or likely to be in or in the vicinity of, roads and public places, including other road users; and\nvehicles and anything in them.\nrelevant transport legislation means the following legislation—\nthis Act;\nthe Transport Operations (Road Use Management) Act 1995 ;\nthe Heavy Vehicle National Law (Queensland);\nthe Motor Accident Insurance Act 1994 .\ntransitional period means the period—\nstarting on the commencement; and\nending 6 months after the commencement.\ns 219 ins 2024 No. 2 s 43\n- (a) the drivers of, and passengers in, motor vehicles; and\n- (b) persons or property in or in the vicinity of, or likely to be in or in the vicinity of, roads and public places, including other road users; and\n- (c) vehicles and anything in them.\n- (a) this Act;\n- (b) the Transport Operations (Road Use Management) Act 1995 ;\n- (c) the Heavy Vehicle National Law (Queensland);\n- (d) the Motor Accident Insurance Act 1994 .\n- (a) starting on the commencement; and\n- (b) ending 6 months after the commencement.","sortOrder":607},{"sectionNumber":"sec.220","sectionType":"section","heading":"Application of new ch 6A, pt 2 in relation to persons in the chain of responsibility","content":"### sec.220 Application of new ch 6A, pt 2 in relation to persons in the chain of responsibility\n\nThis section applies in relation to a person if—\nimmediately before the commencement, the person was a person in the chain of responsibility; and\non the commencement, the person becomes a duty holder for a road-based public passenger service that is of a type equivalent to the type of person in the chain of responsibility they were.\nDuring the transitional period, the person is taken to comply with chapter 6A, part 2 if the person—\ncontinues as the type of duty holder mentioned in subsection (1)(b); and\ncomplies with former chapter 7, part 3 to the extent the provisions of that part applied to the person immediately before the commencement.\ns 220 ins 2024 No. 2 s 43\n(sec.220-ssec.1) This section applies in relation to a person if— immediately before the commencement, the person was a person in the chain of responsibility; and on the commencement, the person becomes a duty holder for a road-based public passenger service that is of a type equivalent to the type of person in the chain of responsibility they were.\n(sec.220-ssec.2) During the transitional period, the person is taken to comply with chapter 6A, part 2 if the person— continues as the type of duty holder mentioned in subsection (1)(b); and complies with former chapter 7, part 3 to the extent the provisions of that part applied to the person immediately before the commencement.\n- (a) immediately before the commencement, the person was a person in the chain of responsibility; and\n- (b) on the commencement, the person becomes a duty holder for a road-based public passenger service that is of a type equivalent to the type of person in the chain of responsibility they were.\n- (a) continues as the type of duty holder mentioned in subsection (1)(b); and\n- (b) complies with former chapter 7, part 3 to the extent the provisions of that part applied to the person immediately before the commencement.","sortOrder":608},{"sectionNumber":"sec.221","sectionType":"section","heading":"Application of new ch 6A, pt 2 in relation to persons, other than drivers, who were not persons in the chain of responsibility","content":"### sec.221 Application of new ch 6A, pt 2 in relation to persons, other than drivers, who were not persons in the chain of responsibility\n\nThis section applies in relation to a person if—\nimmediately before the commencement, the person was involved in providing a public passenger service but was not a person in the chain of responsibility; and\non the commencement, the person becomes a duty holder for a road-based public passenger service, other than a duty holder mentioned in section 67J(1)(c).\nDuring the transitional period, the person is taken to comply with chapter 6A, part 2 if the person complies with a relevant safety provision that applied to the person immediately before the commencement.\ns 221 ins 2024 No. 2 s 43\n(sec.221-ssec.1) This section applies in relation to a person if— immediately before the commencement, the person was involved in providing a public passenger service but was not a person in the chain of responsibility; and on the commencement, the person becomes a duty holder for a road-based public passenger service, other than a duty holder mentioned in section 67J(1)(c).\n(sec.221-ssec.2) During the transitional period, the person is taken to comply with chapter 6A, part 2 if the person complies with a relevant safety provision that applied to the person immediately before the commencement.\n- (a) immediately before the commencement, the person was involved in providing a public passenger service but was not a person in the chain of responsibility; and\n- (b) on the commencement, the person becomes a duty holder for a road-based public passenger service, other than a duty holder mentioned in section 67J(1)(c).","sortOrder":609},{"sectionNumber":"sec.222","sectionType":"section","heading":"Application of new ch 6A, pt 2 in relation to drivers who were not persons in the chain of responsibility","content":"### sec.222 Application of new ch 6A, pt 2 in relation to drivers who were not persons in the chain of responsibility\n\nThis section applies in relation to a person (a relevant driver ) if—\nimmediately before the commencement, the person was not a person in the chain of responsibility; and\non or after the commencement, the person becomes a duty holder for a road-based public passenger service as a driver of a motor vehicle for the service; and\nduring the transitional period, the operator of the service is complying with a relevant safety provision under section 221(2).\nWhile the operator is complying with a relevant safety provision under section 221(2), the relevant driver—\nmust comply with a relevant safety provision that applied to a driver for a public passenger service immediately before the commencement; and\nis taken to comply with chapter 6A, part 2 only if the relevant driver complies with paragraph (a).\ns 222 ins 2024 No. 2 s 43\n(sec.222-ssec.1) This section applies in relation to a person (a relevant driver ) if— immediately before the commencement, the person was not a person in the chain of responsibility; and on or after the commencement, the person becomes a duty holder for a road-based public passenger service as a driver of a motor vehicle for the service; and during the transitional period, the operator of the service is complying with a relevant safety provision under section 221(2).\n(sec.222-ssec.2) While the operator is complying with a relevant safety provision under section 221(2), the relevant driver— must comply with a relevant safety provision that applied to a driver for a public passenger service immediately before the commencement; and is taken to comply with chapter 6A, part 2 only if the relevant driver complies with paragraph (a).\n- (a) immediately before the commencement, the person was not a person in the chain of responsibility; and\n- (b) on or after the commencement, the person becomes a duty holder for a road-based public passenger service as a driver of a motor vehicle for the service; and\n- (c) during the transitional period, the operator of the service is complying with a relevant safety provision under section 221(2).\n- (a) must comply with a relevant safety provision that applied to a driver for a public passenger service immediately before the commencement; and\n- (b) is taken to comply with chapter 6A, part 2 only if the relevant driver complies with paragraph (a).","sortOrder":610},{"sectionNumber":"sec.223","sectionType":"section","heading":"Safety management plans","content":"### sec.223 Safety management plans\n\nDuring the transitional period, a duty holder to whom chapter 6A, part 3 applies is not required to comply with that part.\ns 223 ins 2024 No. 2 s 43","sortOrder":611},{"sectionNumber":"sec.224","sectionType":"section","heading":"Proceedings for particular offences","content":"### sec.224 Proceedings for particular offences\n\nThis section applies in relation to an offence against a provision of former chapter 7, part 3 committed by a person before the commencement.\nWithout limiting the Acts Interpretation Act 1954 , section 20, a proceeding for the offence may be continued or started, and the person may be convicted of and punished for the offence, as if the amending Act had not commenced.\nSubsection (2) applies despite the Criminal Code, section 11.\ns 224 ins 2024 No. 2 s 43\n(sec.224-ssec.1) This section applies in relation to an offence against a provision of former chapter 7, part 3 committed by a person before the commencement.\n(sec.224-ssec.2) Without limiting the Acts Interpretation Act 1954 , section 20, a proceeding for the offence may be continued or started, and the person may be convicted of and punished for the offence, as if the amending Act had not commenced.\n(sec.224-ssec.3) Subsection (2) applies despite the Criminal Code, section 11.","sortOrder":612},{"sectionNumber":"sec.225","sectionType":"section","heading":"Existing audits","content":"### sec.225 Existing audits\n\nThis section applies if—\nbefore the commencement, the chief executive started an audit under former chapter 7, part 5, division 2; and\non the commencement, the audit has not been completed.\nFormer chapter 7, part 5, division 2 continues to apply in relation to the audit as if the amending Act had not been enacted.\ns 225 ins 2024 No. 2 s 43\n(sec.225-ssec.1) This section applies if— before the commencement, the chief executive started an audit under former chapter 7, part 5, division 2; and on the commencement, the audit has not been completed.\n(sec.225-ssec.2) Former chapter 7, part 5, division 2 continues to apply in relation to the audit as if the amending Act had not been enacted.\n- (a) before the commencement, the chief executive started an audit under former chapter 7, part 5, division 2; and\n- (b) on the commencement, the audit has not been completed.","sortOrder":613},{"sectionNumber":"sec.226","sectionType":"section","heading":"Existing directions to comply","content":"### sec.226 Existing directions to comply\n\nThis section applies if, before the commencement, the chief executive or an authorised person has given a person a written direction under former section 91ZQ.\nFormer section 91ZQ continues to apply in relation to the direction as if the section had not been repealed by the amending Act.\ns 226 ins 2024 No. 2 s 43\n(sec.226-ssec.1) This section applies if, before the commencement, the chief executive or an authorised person has given a person a written direction under former section 91ZQ.\n(sec.226-ssec.2) Former section 91ZQ continues to apply in relation to the direction as if the section had not been repealed by the amending Act.","sortOrder":614},{"sectionNumber":"sec.227","sectionType":"section","heading":"Existing directions to comply with standards","content":"### sec.227 Existing directions to comply with standards\n\nThis section applies if, before the commencement, the chief executive has given a person a written direction under former section 100 to comply with the standard.\nFormer section 100 continues to apply in relation to the direction as if the section had not been repealed by the amending Act.\ns 227 ins 2024 No. 2 s 43\n(sec.227-ssec.1) This section applies if, before the commencement, the chief executive has given a person a written direction under former section 100 to comply with the standard.\n(sec.227-ssec.2) Former section 100 continues to apply in relation to the direction as if the section had not been repealed by the amending Act.","sortOrder":615},{"sectionNumber":"sch.1-pt.1","sectionType":"part","heading":"Existing provisions","content":"# Existing provisions","sortOrder":616},{"sectionNumber":"sch.1-sec","sectionType":"section","heading":null,"content":"### Section sch.1-sec\n\nchapter 9 (Breaches of the peace)\nchapter 16 (Offences relating to the administration of justice)\nchapter 20 (Miscellaneous offences against public authority)\nchapter 22 (Offences against morality)\nchapter 26 (Assaults and violence to the person generally—justification and excuse)\nchapter 27 (Duties relating to the preservation of human life)\nchapter 28 (Homicide—suicide—concealment of birth)\nchapter 28A (Unlawful striking causing death)\nchapter 29 (Offences endangering life or health)\nchapter 30 (Assaults)\nchapter 32 (Rape and sexual assaults)\nchapter 33 (Offences against liberty)\nsection 359E (Punishment of unlawful stalking, intimidation, harassment or abuse)\nsection 363 (Child-stealing)\nchapter 36 (Stealing)\nchapter 37 (Offences analogous to stealing)\nchapter 38 (Stealing with violence—extortion by threats)\nchapter 39 (Burglary—housebreaking—and like offences)\nchapter 40 (Other fraudulent practices)\nchapter 41 (Receiving property stolen or fraudulently obtained and like offences)\nchapter 42A (Secret commissions)\nchapter 46 (Offences)\nchapter 49 (Punishment of forgery and like offences)\nchapter 52 (Personation)\nchapter 56 (Conspiracy)\n(sch.1-sec-ssec.1) chapter 9 (Breaches of the peace)\n(sch.1-sec-ssec.2) chapter 16 (Offences relating to the administration of justice)\n(sch.1-sec-ssec.3) chapter 20 (Miscellaneous offences against public authority)\n(sch.1-sec-ssec.4) chapter 22 (Offences against morality)\n(sch.1-sec-ssec.5) chapter 26 (Assaults and violence to the person generally—justification and excuse)\n(sch.1-sec-ssec.6) chapter 27 (Duties relating to the preservation of human life)\n(sch.1-sec-ssec.7) chapter 28 (Homicide—suicide—concealment of birth)\n(sch.1-sec-ssec.7A) chapter 28A (Unlawful striking causing death)\n(sch.1-sec-ssec.8) chapter 29 (Offences endangering life or health)\n(sch.1-sec-ssec.9) chapter 30 (Assaults)\n(sch.1-sec-ssec.10) chapter 32 (Rape and sexual assaults)\n(sch.1-sec-ssec.11) chapter 33 (Offences against liberty)\n(sch.1-sec-ssec.11A) section 359E (Punishment of unlawful stalking, intimidation, harassment or abuse)\n(sch.1-sec-ssec.12) section 363 (Child-stealing)\n(sch.1-sec-ssec.13) chapter 36 (Stealing)\n(sch.1-sec-ssec.14) chapter 37 (Offences analogous to stealing)\n(sch.1-sec-ssec.15) chapter 38 (Stealing with violence—extortion by threats)\n(sch.1-sec-ssec.16) chapter 39 (Burglary—housebreaking—and like offences)\n(sch.1-sec-ssec.17) chapter 40 (Other fraudulent practices)\n(sch.1-sec-ssec.18) chapter 41 (Receiving property stolen or fraudulently obtained and like offences)\n(sch.1-sec-ssec.20) chapter 42A (Secret commissions)\n(sch.1-sec-ssec.21) chapter 46 (Offences)\n(sch.1-sec-ssec.22) chapter 49 (Punishment of forgery and like offences)\n(sch.1-sec-ssec.23) chapter 52 (Personation)\n(sch.1-sec-ssec.24) chapter 56 (Conspiracy)","sortOrder":617},{"sectionNumber":"sch.1-pt.2","sectionType":"part","heading":"Provisions repealed by Criminal Law Amendment Act 1997","content":"# Provisions repealed by Criminal Law Amendment Act 1997","sortOrder":618},{"sectionNumber":"sch.1-sec-oc.2","sectionType":"section","heading":null,"content":"### Section sch.1-sec-oc.2\n\nsection 343A (Assaults occasioning bodily harm)\nsection 344 (Aggravated assaults)\n(sch.1-sec-oc.2-ssec.1) section 343A (Assaults occasioning bodily harm)\n(sch.1-sec-oc.2-ssec.2) section 344 (Aggravated assaults)","sortOrder":619},{"sectionNumber":"sch.1-pt.3","sectionType":"part","heading":"Provisions repealed by Criminal Code and Other Acts Amendment Act 2008","content":"# Provisions repealed by Criminal Code and Other Acts Amendment Act 2008","sortOrder":620},{"sectionNumber":"sch.1-sec-oc.3","sectionType":"section","heading":null,"content":"### Section sch.1-sec-oc.3\n\nchapter 42 (Frauds by trustees and officers of companies and corporations—false accounting)\n(sch.1-sec-oc.3-ssec.1) chapter 42 (Frauds by trustees and officers of companies and corporations—false accounting)","sortOrder":621},{"sectionNumber":"sch.1A-pt.1","sectionType":"part","heading":"Category A driver disqualifying offences","content":"# Category A driver disqualifying offences","sortOrder":622},{"sectionNumber":"sch.1A-pt.1-div.1A","sectionType":"division","heading":"Classification of Computer Games and Images Act 1995","content":"## Classification of Computer Games and Images Act 1995","sortOrder":623},{"sectionNumber":"sch.1A-sec","sectionType":"section","heading":null,"content":"### Section sch.1A-sec\n\nsection 23 (Demonstration of an objectionable computer game before a minor)\nsection 26 (3) (Possession of objectionable computer game)\nsection 27 (3) and (4) (Making objectionable computer game)\nsection 28 (Obtaining minor for objectionable computer game)\n(sch.1A-sec-ssec.1) section 23 (Demonstration of an objectionable computer game before a minor)\n(sch.1A-sec-ssec.2) section 26 (3) (Possession of objectionable computer game)\n(sch.1A-sec-ssec.3) section 27 (3) and (4) (Making objectionable computer game)\n(sch.1A-sec-ssec.4) section 28 (Obtaining minor for objectionable computer game)","sortOrder":624},{"sectionNumber":"sch.1A-pt.1-div.1B","sectionType":"division","heading":"Classification of Films Act 1991","content":"## Classification of Films Act 1991","sortOrder":625},{"sectionNumber":"sch.1A-sec-oc.2","sectionType":"section","heading":null,"content":"### Section sch.1A-sec-oc.2\n\nsection 41 (3) (Possession of objectionable film)\nsection 42 (3) and (4) (Making objectionable film)\nsection 43 (Procurement of minor for objectionable film)\n(sch.1A-sec-oc.2-ssec.1) section 41 (3) (Possession of objectionable film)\n(sch.1A-sec-oc.2-ssec.2) section 42 (3) and (4) (Making objectionable film)\n(sch.1A-sec-oc.2-ssec.3) section 43 (Procurement of minor for objectionable film)","sortOrder":626},{"sectionNumber":"sch.1A-pt.1-div.1C","sectionType":"division","heading":"Classification of Publications Act 1991","content":"## Classification of Publications Act 1991","sortOrder":627},{"sectionNumber":"sch.1A-sec-oc.3","sectionType":"section","heading":null,"content":"### Section sch.1A-sec-oc.3\n\nsection 12 (Sale etc. of prohibited publication)\nsection 13 (Possession of prohibited publication)\nsection 14 (Possession of child abuse publication)\nsection 15 (Exhibition or display of prohibited publication)\nsection 16 (Leaving prohibited publication in or on public place)\nsection 17 (1) (Producing prohibited publication)\nsection 17 (2) (Producing prohibited publication)\nsection 17 (3) and (4) (Producing prohibited publication)\nsection 18 (Procurement of minor for RC publication)\nsection 20 (Leaving prohibited publication in or on private premises)\n(sch.1A-sec-oc.3-ssec.1) section 12 (Sale etc. of prohibited publication)\n(sch.1A-sec-oc.3-ssec.2) section 13 (Possession of prohibited publication)\n(sch.1A-sec-oc.3-ssec.3) section 14 (Possession of child abuse publication)\n(sch.1A-sec-oc.3-ssec.4) section 15 (Exhibition or display of prohibited publication)\n(sch.1A-sec-oc.3-ssec.5) section 16 (Leaving prohibited publication in or on public place)\n(sch.1A-sec-oc.3-ssec.6) section 17 (1) (Producing prohibited publication)\n(sch.1A-sec-oc.3-ssec.7) section 17 (2) (Producing prohibited publication)\n(sch.1A-sec-oc.3-ssec.8) section 17 (3) and (4) (Producing prohibited publication)\n(sch.1A-sec-oc.3-ssec.9) section 18 (Procurement of minor for RC publication)\n(sch.1A-sec-oc.3-ssec.10) section 20 (Leaving prohibited publication in or on private premises)","sortOrder":628},{"sectionNumber":"sch.1A-pt.1-div.1","sectionType":"division","heading":"Existing provisions of the Criminal Code","content":"## Existing provisions of the Criminal Code","sortOrder":629},{"sectionNumber":"sch.1A-sec-oc.4","sectionType":"section","heading":null,"content":"### Section sch.1A-sec-oc.4\n\nsection 210 (Indecent treatment of children under 16) unless, when the offence was committed, the offender was aged between 17 and 20 (both inclusive) and the person against whom the offence was committed was aged between 14 and 20 (both inclusive)\nsection 213 (Owner etc. permitting abuse of children on premises)\nsection 215 (Engaging in penile intercourse with child under 16)\nsection 216 (Abuse of persons with an impairment of the mind)\nsection 217 (Procuring young person etc. for penile intercourse)\nsection 217A (Obtaining commercial sexual services from person who is not an adult)\nsection 217B (Allowing person who is not an adult to take part in commercial sexual services)\nsection 217C (Conduct relating to provision of commercial sexual services by person who is not an adult)\nsection 218 (Procuring sexual acts by coercion etc.), if the offence was committed against a child\nsection 218A (Using internet etc. to procure children under 16)\nsection 218B (Grooming child under 16 years or parent or carer of child under 16 years)\nsection 219 (Taking child for immoral purposes)\nsection 221 (Conspiracy to defile), if the offence was committed against a child\nsection 222 (Incest), if the person in relation to whom the offence was committed was a child when the offence was committed\nsection 228 (Obscene publications and exhibitions), if section 228 (2) or (3) applies\nsection 228A (Involving child in making child exploitation material)\nsection 228B (Making child exploitation material)\nsection 228C (Distributing child exploitation material)\nsection 228D (Possessing child exploitation material)\nsection 228DA (Administering child exploitation material website)\nsection 228DB (Encouraging use of child exploitation material website)\nsection 228DC (Distributing information about avoiding detection)\nsection 228I (Producing or supplying child abuse object)\nsection 228J (Possessing child abuse object)\nsection 229B (Repeated sexual conduct with a child)\nsection 300 (Unlawful homicide), only if the unlawful killing is murder under section 302 and was committed against a child\nsection 349 (Rape)\nsection 350 (Attempt to commit rape)\nsection 351 (Assault with intent to commit rape), if the offence was committed against a child\nsection 352 (Sexual assaults), if the offence was committed against a child\n(sch.1A-sec-oc.4-ssec.2) section 210 (Indecent treatment of children under 16) unless, when the offence was committed, the offender was aged between 17 and 20 (both inclusive) and the person against whom the offence was committed was aged between 14 and 20 (both inclusive)\n(sch.1A-sec-oc.4-ssec.3) section 213 (Owner etc. permitting abuse of children on premises)\n(sch.1A-sec-oc.4-ssec.4) section 215 (Engaging in penile intercourse with child under 16)\n(sch.1A-sec-oc.4-ssec.5) section 216 (Abuse of persons with an impairment of the mind)\n(sch.1A-sec-oc.4-ssec.6) section 217 (Procuring young person etc. for penile intercourse)\n(sch.1A-sec-oc.4-ssec.6AA) section 217A (Obtaining commercial sexual services from person who is not an adult)\n(sch.1A-sec-oc.4-ssec.6AB) section 217B (Allowing person who is not an adult to take part in commercial sexual services)\n(sch.1A-sec-oc.4-ssec.6AC) section 217C (Conduct relating to provision of commercial sexual services by person who is not an adult)\n(sch.1A-sec-oc.4-ssec.6A) section 218 (Procuring sexual acts by coercion etc.), if the offence was committed against a child\n(sch.1A-sec-oc.4-ssec.7) section 218A (Using internet etc. to procure children under 16)\n(sch.1A-sec-oc.4-ssec.7A) section 218B (Grooming child under 16 years or parent or carer of child under 16 years)\n(sch.1A-sec-oc.4-ssec.8) section 219 (Taking child for immoral purposes)\n(sch.1A-sec-oc.4-ssec.8A) section 221 (Conspiracy to defile), if the offence was committed against a child\n(sch.1A-sec-oc.4-ssec.9) section 222 (Incest), if the person in relation to whom the offence was committed was a child when the offence was committed\n(sch.1A-sec-oc.4-ssec.10) section 228 (Obscene publications and exhibitions), if section 228 (2) or (3) applies\n(sch.1A-sec-oc.4-ssec.10A) section 228A (Involving child in making child exploitation material)\n(sch.1A-sec-oc.4-ssec.10B) section 228B (Making child exploitation material)\n(sch.1A-sec-oc.4-ssec.10C) section 228C (Distributing child exploitation material)\n(sch.1A-sec-oc.4-ssec.10D) section 228D (Possessing child exploitation material)\n(sch.1A-sec-oc.4-ssec.10E) section 228DA (Administering child exploitation material website)\n(sch.1A-sec-oc.4-ssec.10F) section 228DB (Encouraging use of child exploitation material website)\n(sch.1A-sec-oc.4-ssec.10G) section 228DC (Distributing information about avoiding detection)\n(sch.1A-sec-oc.4-ssec.10H) section 228I (Producing or supplying child abuse object)\n(sch.1A-sec-oc.4-ssec.10I) section 228J (Possessing child abuse object)\n(sch.1A-sec-oc.4-ssec.11) section 229B (Repeated sexual conduct with a child)\n(sch.1A-sec-oc.4-ssec.12E) section 300 (Unlawful homicide), only if the unlawful killing is murder under section 302 and was committed against a child\n(sch.1A-sec-oc.4-ssec.13) section 349 (Rape)\n(sch.1A-sec-oc.4-ssec.14) section 350 (Attempt to commit rape)\n(sch.1A-sec-oc.4-ssec.15) section 351 (Assault with intent to commit rape), if the offence was committed against a child\n(sch.1A-sec-oc.4-ssec.16) section 352 (Sexual assaults), if the offence was committed against a child","sortOrder":630},{"sectionNumber":"sch.1A-pt.1-div.2","sectionType":"division","heading":"Provisions of the Criminal Code repealed by the Criminal Law Amendment Act 1997","content":"## Provisions of the Criminal Code repealed by the Criminal Law Amendment Act 1997","sortOrder":631},{"sectionNumber":"sch.1A-sec-oc.5","sectionType":"section","heading":null,"content":"### Section sch.1A-sec-oc.5\n\nsection 208 (Unlawful anal intercourse), if section 208 (2)(b) applies\nsection 222 (Incest by man), if the person in relation to whom the offence was committed was a child under 16 years when the offence was committed\nsection 223 (Incest by adult female), if the person in relation to whom the offence was committed was a child when the offence was committed\nsection 344 (Aggravated assaults), as the provision was in force from 20 December 1946 until its repeal by the Criminal Law Amendment Act 1997 , if—\nthe circumstance of aggravation was that the unlawful assault was an offence of a sexual nature as defined by the Criminal Law Amendment Act 1945 , section 2A ; and\nthe person in relation to whom the offence was committed was a child when the offence was committed\n(sch.1A-sec-oc.5-ssec.1) section 208 (Unlawful anal intercourse), if section 208 (2)(b) applies\n(sch.1A-sec-oc.5-ssec.2) section 222 (Incest by man), if the person in relation to whom the offence was committed was a child under 16 years when the offence was committed\n(sch.1A-sec-oc.5-ssec.3) section 223 (Incest by adult female), if the person in relation to whom the offence was committed was a child when the offence was committed\n(sch.1A-sec-oc.5-ssec.4) section 344 (Aggravated assaults), as the provision was in force from 20 December 1946 until its repeal by the Criminal Law Amendment Act 1997 , if— the circumstance of aggravation was that the unlawful assault was an offence of a sexual nature as defined by the Criminal Law Amendment Act 1945 , section 2A ; and the person in relation to whom the offence was committed was a child when the offence was committed\n- (a) the circumstance of aggravation was that the unlawful assault was an offence of a sexual nature as defined by the Criminal Law Amendment Act 1945 , section 2A ; and\n- (b) the person in relation to whom the offence was committed was a child when the offence was committed","sortOrder":632},{"sectionNumber":"sch.1A-pt.1-div.3","sectionType":"division","heading":"Provisions of the Criminal Code repealed by the Criminal Code , Evidence Act and Other Acts Amendment Act 1989","content":"## Provisions of the Criminal Code repealed by the Criminal Code , Evidence Act and Other Acts Amendment Act 1989","sortOrder":633},{"sectionNumber":"sch.1A-sec-oc.6","sectionType":"section","heading":null,"content":"### Section sch.1A-sec-oc.6\n\nsection 212 (Defilement of girls under twelve)\nsection 214 (Attempt to abuse girls under ten)\nsection 220 (Unlawful detention with intent to defile or in a brothel), if the person in relation to whom the offence was committed was a child when the offence was committed\n(sch.1A-sec-oc.6-ssec.1) section 212 (Defilement of girls under twelve)\n(sch.1A-sec-oc.6-ssec.2) section 214 (Attempt to abuse girls under ten)\n(sch.1A-sec-oc.6-ssec.3) section 220 (Unlawful detention with intent to defile or in a brothel), if the person in relation to whom the offence was committed was a child when the offence was committed","sortOrder":634},{"sectionNumber":"sch.1A-pt.1-div.3A","sectionType":"division","heading":"Provision of the Criminal Code repealed by the Health and Other Legislation Amendment Act 2016","content":"## Provision of the Criminal Code repealed by the Health and Other Legislation Amendment Act 2016","sortOrder":635},{"sectionNumber":"sch.1A-sec-oc.7","sectionType":"section","heading":null,"content":"### Section sch.1A-sec-oc.7\n\nsection 208 (Unlawful sodomy) unless, when the offence was committed, the offender was aged between 17 and 20 (both inclusive) and the person in relation to whom the offence was committed was not a person with an impairment of the mind and was aged between 14 and 17 (both inclusive)\n(sch.1A-sec-oc.7-ssec.1) section 208 (Unlawful sodomy) unless, when the offence was committed, the offender was aged between 17 and 20 (both inclusive) and the person in relation to whom the offence was committed was not a person with an impairment of the mind and was aged between 14 and 17 (both inclusive)","sortOrder":636},{"sectionNumber":"sch.1A-pt.1-div.3B","sectionType":"division","heading":"Provision of the Criminal Code repealed by the Criminal Code (Child Sexual Offences Reform) and Other Legislation Amendment Act 2020","content":"## Provision of the Criminal Code repealed by the Criminal Code (Child Sexual Offences Reform) and Other Legislation Amendment Act 2020","sortOrder":637},{"sectionNumber":"sch.1A-sec-oc.8","sectionType":"section","heading":null,"content":"### Section sch.1A-sec-oc.8\n\nsection 218B (Grooming children under 16)\n(sch.1A-sec-oc.8-ssec.1) section 218B (Grooming children under 16)","sortOrder":638},{"sectionNumber":"sch.1A-pt.1-div.3C","sectionType":"division","heading":"Provisions of the Criminal Code repealed by the Criminal Code (Decriminalising Sex Work) and Other Legislation Amendment Act 2024","content":"## Provisions of the Criminal Code repealed by the Criminal Code (Decriminalising Sex Work) and Other Legislation Amendment Act 2024","sortOrder":639},{"sectionNumber":"sch.1A-sec-oc.9","sectionType":"section","heading":null,"content":"### Section sch.1A-sec-oc.9\n\nsection 229G (Procuring engagement in prostitution) only if an offender was or could have been liable as mentioned in section 229G (2)\nsection 229H (Knowingly participating in provision of prostitution) only if an offender was or could have been liable as mentioned in section 229H (2)\nsection 229I (Persons found in places reasonably suspected of being used for prostitution etc.) only if an offender was or could have been liable as mentioned in section 229I (2)\nsection 229L (Permitting young person etc. to be at place used for prostitution)\n(sch.1A-sec-oc.9-ssec.1) section 229G (Procuring engagement in prostitution) only if an offender was or could have been liable as mentioned in section 229G (2)\n(sch.1A-sec-oc.9-ssec.2) section 229H (Knowingly participating in provision of prostitution) only if an offender was or could have been liable as mentioned in section 229H (2)\n(sch.1A-sec-oc.9-ssec.3) section 229I (Persons found in places reasonably suspected of being used for prostitution etc.) only if an offender was or could have been liable as mentioned in section 229I (2)\n(sch.1A-sec-oc.9-ssec.4) section 229L (Permitting young person etc. to be at place used for prostitution)","sortOrder":640},{"sectionNumber":"sch.1A-pt.1-div.4","sectionType":"division","heading":"Criminal Code (Cwlth)","content":"## Criminal Code (Cwlth)","sortOrder":641},{"sectionNumber":"sch.1A-sec-oc.10","sectionType":"section","heading":null,"content":"### Section sch.1A-sec-oc.10\n\nsection 270.6 (Sexual servitude offences), only if an offender was or could have been liable as mentioned in section 270.8\nsection 270.7 (Deceptive recruiting for sexual services), only if an offender was or could have been liable as mentioned in section 270.8\nsection 273A.1 (Possession of child-like sex dolls etc.)\nsection 474.19 (Using a carriage service for child pornography material)\nsection 474.20 (Possessing, controlling, producing, supplying or obtaining child pornography material for use through a carriage service)\nsection 474.22 (Using a carriage service for child abuse material)\nsection 474.22A (Possessing or controlling child abuse material obtained or accessed using a carriage service)\nsection 474.23 (Possessing, controlling, producing, supplying or obtaining child abuse material for use through a carriage service)\nsection 474.26 (Using a carriage service to procure persons under 16 years of age)\nsection 474.27 (Using a carriage service to “groom” persons under 16 years of age)\n(sch.1A-sec-oc.10-ssec.1) section 270.6 (Sexual servitude offences), only if an offender was or could have been liable as mentioned in section 270.8\n(sch.1A-sec-oc.10-ssec.2) section 270.7 (Deceptive recruiting for sexual services), only if an offender was or could have been liable as mentioned in section 270.8\n(sch.1A-sec-oc.10-ssec.2A) section 273A.1 (Possession of child-like sex dolls etc.)\n(sch.1A-sec-oc.10-ssec.3) section 474.19 (Using a carriage service for child pornography material)\n(sch.1A-sec-oc.10-ssec.4) section 474.20 (Possessing, controlling, producing, supplying or obtaining child pornography material for use through a carriage service)\n(sch.1A-sec-oc.10-ssec.5) section 474.22 (Using a carriage service for child abuse material)\n(sch.1A-sec-oc.10-ssec.5A) section 474.22A (Possessing or controlling child abuse material obtained or accessed using a carriage service)\n(sch.1A-sec-oc.10-ssec.6) section 474.23 (Possessing, controlling, producing, supplying or obtaining child abuse material for use through a carriage service)\n(sch.1A-sec-oc.10-ssec.7) section 474.26 (Using a carriage service to procure persons under 16 years of age)\n(sch.1A-sec-oc.10-ssec.8) section 474.27 (Using a carriage service to “groom” persons under 16 years of age)","sortOrder":642},{"sectionNumber":"sch.1A-pt.1-div.5","sectionType":"division","heading":"Customs Act 1901 (Cwlth)","content":"## Customs Act 1901 (Cwlth)","sortOrder":643},{"sectionNumber":"sch.1A-sec-oc.11","sectionType":"section","heading":null,"content":"### Section sch.1A-sec-oc.11\n\nsection 233BAB (Special offence relating to tier 2 goods), if the offence involved child pornography or child abuse material\n(sch.1A-sec-oc.11-ssec.1) section 233BAB (Special offence relating to tier 2 goods), if the offence involved child pornography or child abuse material","sortOrder":644},{"sectionNumber":"sch.1A-pt.1-div.6","sectionType":"division","heading":"Provisions of the Crimes Act 1914 (Cwlth) repealed by the Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 (Cwlth)","content":"## Provisions of the Crimes Act 1914 (Cwlth) repealed by the Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 (Cwlth)","sortOrder":645},{"sectionNumber":"sch.1A-sec-oc.12","sectionType":"section","heading":null,"content":"### Section sch.1A-sec-oc.12\n\nsection 50BA (Sexual intercourse with child under 16)\nsection 50BB (Inducing child under 16 to engage in sexual intercourse)\nsection 50BC (Sexual conduct involving child under 16)\nsection 50BD (Inducing child under 16 to be involved in sexual conduct)\nsection 50DA (Benefiting from offence against this Part)\nsection 50DB (Encouraging offence against this Part)\n(sch.1A-sec-oc.12-ssec.1) section 50BA (Sexual intercourse with child under 16)\n(sch.1A-sec-oc.12-ssec.2) section 50BB (Inducing child under 16 to engage in sexual intercourse)\n(sch.1A-sec-oc.12-ssec.3) section 50BC (Sexual conduct involving child under 16)\n(sch.1A-sec-oc.12-ssec.4) section 50BD (Inducing child under 16 to be involved in sexual conduct)\n(sch.1A-sec-oc.12-ssec.5) section 50DA (Benefiting from offence against this Part)\n(sch.1A-sec-oc.12-ssec.6) section 50DB (Encouraging offence against this Part)","sortOrder":646},{"sectionNumber":"sch.1A-pt.2","sectionType":"part","heading":"Category B driver disqualifying offences","content":"# Category B driver disqualifying offences","sortOrder":647},{"sectionNumber":"sch.1A-sec-oc.13","sectionType":"section","heading":"Note—","content":"### sch.1A-sec-oc.13 Note—\n\nSee the definition category B driver disqualifying offence in schedule 3 for the full list of category B driver disqualifying offences.","sortOrder":648},{"sectionNumber":"sch.1A-sec-oc.14","sectionType":"section","heading":"Criminal Code","content":"### sch.1A-sec-oc.14 Criminal Code\n\nsection 328A (Dangerous operation of a vehicle)\n(sch.1A-sec-oc.14-ssec.3) section 328A (Dangerous operation of a vehicle)","sortOrder":649},{"sectionNumber":"sch.1A-sec-oc.15","sectionType":"section","heading":"Weapons Act 1990","content":"### sch.1A-sec-oc.15 Weapons Act 1990\n\nsection 65 (Unlawful trafficking in weapons)","sortOrder":650},{"sectionNumber":"sch.1A-pt.3","sectionType":"part","heading":"Category C driver disqualifying offences","content":"# Category C driver disqualifying offences","sortOrder":651},{"sectionNumber":"sch.1A-pt.3-div.1","sectionType":"division","heading":"Existing provisions of the Criminal Code","content":"## Existing provisions of the Criminal Code","sortOrder":652},{"sectionNumber":"sch.1A-sec-oc.16","sectionType":"section","heading":null,"content":"### Section sch.1A-sec-oc.16\n\nchapter 9 (Breaches of the peace)\nchapter 16 (Offences relating to the administration of justice)\nchapter 20 (Miscellaneous offences against public authority)\nchapter 22 (Offences against morality)\nchapter 26 (Assaults and violence to the person generally—justification and excuse)\nchapter 27 (Duties relating to the preservation of human life)\nchapter 28 (Homicide—suicide—concealment of birth)\nchapter 28A (Unlawful striking causing death)\nchapter 29 (Offences endangering life or health)\nchapter 30 (Assaults)\nchapter 33 (Offences against liberty)\nsection 359E (Punishment of unlawful stalking, intimidation, harassment or abuse)\nchapter 36 (Stealing)\nchapter 37 (Offences analogous to stealing)\nchapter 38 (Stealing with violence—extortion by threats)\nchapter 39 (Burglary—housebreaking—and like offences)\nchapter 40 (Other fraudulent practices)\nchapter 41 (Receiving property stolen or fraudulently obtained and like offences)\nchapter 42A (Secret commissions)\nchapter 46 (Offences)\nchapter 49 (Punishment of forgery and like offences)\nchapter 52 (Personation)\nchapter 56 (Conspiracy)\n(sch.1A-sec-oc.16-ssec.1) chapter 9 (Breaches of the peace)\n(sch.1A-sec-oc.16-ssec.2) chapter 16 (Offences relating to the administration of justice)\n(sch.1A-sec-oc.16-ssec.3) chapter 20 (Miscellaneous offences against public authority)\n(sch.1A-sec-oc.16-ssec.4) chapter 22 (Offences against morality)\n(sch.1A-sec-oc.16-ssec.5) chapter 26 (Assaults and violence to the person generally—justification and excuse)\n(sch.1A-sec-oc.16-ssec.6) chapter 27 (Duties relating to the preservation of human life)\n(sch.1A-sec-oc.16-ssec.7) chapter 28 (Homicide—suicide—concealment of birth)\n(sch.1A-sec-oc.16-ssec.7A) chapter 28A (Unlawful striking causing death)\n(sch.1A-sec-oc.16-ssec.8) chapter 29 (Offences endangering life or health)\n(sch.1A-sec-oc.16-ssec.9) chapter 30 (Assaults)\n(sch.1A-sec-oc.16-ssec.10) chapter 33 (Offences against liberty)\n(sch.1A-sec-oc.16-ssec.10A) section 359E (Punishment of unlawful stalking, intimidation, harassment or abuse)\n(sch.1A-sec-oc.16-ssec.11) chapter 36 (Stealing)\n(sch.1A-sec-oc.16-ssec.12) chapter 37 (Offences analogous to stealing)\n(sch.1A-sec-oc.16-ssec.13) chapter 38 (Stealing with violence—extortion by threats)\n(sch.1A-sec-oc.16-ssec.14) chapter 39 (Burglary—housebreaking—and like offences)\n(sch.1A-sec-oc.16-ssec.15) chapter 40 (Other fraudulent practices)\n(sch.1A-sec-oc.16-ssec.16) chapter 41 (Receiving property stolen or fraudulently obtained and like offences)\n(sch.1A-sec-oc.16-ssec.18) chapter 42A (Secret commissions)\n(sch.1A-sec-oc.16-ssec.19) chapter 46 (Offences)\n(sch.1A-sec-oc.16-ssec.20) chapter 49 (Punishment of forgery and like offences)\n(sch.1A-sec-oc.16-ssec.21) chapter 52 (Personation)\n(sch.1A-sec-oc.16-ssec.22) chapter 56 (Conspiracy)","sortOrder":653},{"sectionNumber":"sch.1A-pt.3-div.2","sectionType":"division","heading":"Provisions of the Criminal Code repealed by the Criminal Law Amendment Act 1997","content":"## Provisions of the Criminal Code repealed by the Criminal Law Amendment Act 1997","sortOrder":654},{"sectionNumber":"sch.1A-sec-oc.17","sectionType":"section","heading":null,"content":"### Section sch.1A-sec-oc.17\n\nsection 343A (Assaults occasioning bodily harm)\nsection 344 (Aggravated assaults)\n(sch.1A-sec-oc.17-ssec.1) section 343A (Assaults occasioning bodily harm)\n(sch.1A-sec-oc.17-ssec.2) section 344 (Aggravated assaults)","sortOrder":655},{"sectionNumber":"sch.1A-pt.3-div.3","sectionType":"division","heading":"Provisions of the Criminal Code repealed by the Criminal Code and Other Acts Amendment Act 2008","content":"## Provisions of the Criminal Code repealed by the Criminal Code and Other Acts Amendment Act 2008","sortOrder":656},{"sectionNumber":"sch.1A-sec-oc.18","sectionType":"section","heading":null,"content":"### Section sch.1A-sec-oc.18\n\nchapter 42 (Frauds by trustees and officers of companies and corporations—false accounting)\n(sch.1A-sec-oc.18-ssec.1) chapter 42 (Frauds by trustees and officers of companies and corporations—false accounting)","sortOrder":657}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":1444},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly beyond its original 1994 scope. Originally focused on bus service contracts and basic driver licensing, it now comprehensively regulates: (1) taxi and booked hire services including app-based platforms (2017 reforms); (2) detailed safety duties with criminal penalties modelled on work health and safety law (2024 reforms); (3) complex integrated mass transit contracting arrangements; (4) security cameras and levy funds; and (5) extensive enforcement powers. The 2024 safety duty amendments in particular represent a major expansion into proactive safety management obligations with executive officer liability, going far beyond the original compliance-based regulatory approach."},"complexity_factors":["Multiple overlapping regulatory schemes: driver authorisation, service contracts, vehicle licences, booking entity authorisations, and safety duties","Nested conditional logic with exceptions to exceptions (e.g., integrated mass transit rules that override general contract rules)","Extensive cross-referencing between chapters and to other Acts (Transport Operations Road Use Management Act, Heavy Vehicle National Law, etc.)","Three-tiered offence structure for safety duties with different mental elements and penalty scales","Multiple categories of disqualifying offences (A, B, C) with different procedural requirements","Conditional application of provisions based on geographic areas (integrated mass transit area vs non-integrated)","Temporal complexity with transitional provisions for 'original' licences vs new licences","Delegated legislative power: many critical details left to regulations (vehicle requirements, maximum fares, safety management plan contents)","Foreign person provisions requiring local nominees with joint liability","Complex tender and contract allocation procedures with first opportunity rights, public invitation requirements, and compensation mechanisms"],"plain_english_summary":"**What this legislation does:**\n\nThis is Queensland's **Transport Operations (Passenger Transport) Act 1994**, which sets up the legal framework for how public passenger transport operates in the state. Think of it as the rulebook for buses, taxis, ferries, and other services that move people around.\n\n**Key things it covers:**\n\n**1. Planning and Strategy (Sections 5-10)**\n- Requires the chief executive to develop **passenger transport strategies** that must be approved by the Minister\n- These strategies must include objectives, service proposals, spending priorities, and performance indicators\n- The chief executive must consult the public when developing these strategies\n- Annual **implementation programs** must be developed showing how strategies will be put into action\n\n**2. Driver Authorisation (Sections 23-35)** — *Who can drive public passenger vehicles*\n- Creates a licensing system called **\"driver authorisation\"** to ensure drivers are suitable\n- Drivers must be suitable people who conduct themselves responsibly, can operate vehicles safely, and understand customer service\n- **Three categories of disqualifying offences** can block someone from getting or keeping authorisation:\n  - **Category A**: Automatic disqualification (most serious offences)\n  - **Category B**: Chief executive can refuse unless an \"exceptional case\" exists\n  - **Category C**: Chief executive has discretion to refuse\n- The **paramount principle**: protecting children and vulnerable community members always comes first\n- Heavy penalties apply for driving without proper authorisation (up to 200 penalty units for repeat offences)\n\n**3. Service Contracts (Sections 37-62)** — *How bus and ferry services are contracted*\n- **Service contracts** are agreements between the State and operators setting minimum performance levels\n- Contracts can give operators exclusive rights to run services in specific areas\n- Existing operators generally get **first opportunity** to bid for new contracts\n- Special rules apply for **integrated mass transit services** (like Brisbane's bus network) where the State collects fares and pays operators\n- **Emergency contracts** can be entered quickly (up to 2 years) when services need urgent establishment or continuity\n\n**4. Taxi and Booked Hire Services (Sections 68-91ZZ)** — *Regulating taxis, Uber-style services, and booking apps*\n- Defines **taxi services** (can be hailed on the street) and **booked hire services** (must be pre-booked)\n- Requires **booking entity authorisation** for anyone arranging rides through apps or other systems\n- Creates three types of vehicle licences:\n  - **Taxi service licences** (renewable, up to 5 years)\n  - **Limousine licences** (no new ones being issued)\n  - **Booked hire service licences** (non-renewable, up to 1 year)\n- Sets rules about **maximum fares** and **payment surcharges**\n- Establishes a **Taxi Industry Security Fund** paid for by licence holders\n- **Driving sanctions**: Drivers who commit multiple offences can have their licence suspended for 1-3 months\n\n**5. Safety Duties (Chapter 6A, Sections 67H-67ZG)** — *New safety framework added in 2024*\n- Creates **shared safety responsibilities** for everyone involved in road-based passenger services\n- **Primary duty holders** include: operators, vehicle registered operators, drivers, booking service providers, and licence holders\n- Everyone must eliminate or minimise safety risks \"so far as is reasonably practicable\"\n- **Three offence categories** with escalating penalties:\n  - Category 1: Reckless conduct (up to 5 years imprisonment or $300,000 for individuals)\n  - Category 2: Failure exposing people to risk of death/serious injury (up to $150,000 for individuals)\n  - Category 3: General failure to comply (up to $50,000 for individuals)\n- **Safety management plans** required for operators and booking service providers\n- **Audit powers** allow the chief executive to inspect compliance\n- **Directions to comply** can be issued with penalties up to 320 penalty units for serious breaches\n\n**6. Authorised Persons and Enforcement (Sections 111-111I)**\n- **Police officers** are automatically authorised persons\n- **Transit officers** can be appointed with special powers on railways\n- Strict **character and criminal history checks** for transit officers\n- Information sharing arrangements with police\n\n**Who it affects:**\n- Bus and ferry operators, taxi drivers, Uber/diDi drivers, booking app companies\n- Passengers using these services\n- The Department of Transport and Main Roads (chief executive)\n- Local governments involved in transport planning\n\n**Why it matters:**\nThis Act ensures Queensland's public transport is safe, accessible, accountable, and properly planned. The 2024 safety duty amendments (Chapter 6A) significantly strengthened protections after concerns about passenger and driver safety in the personalised transport industry."},"summary":{"name":"Transport Operations (Passenger Transport) Act 1994","slug":"transport-operations-passenger-transport-act-1994","title_id":"qld:act-1994-043","version_id":104770,"analysis_type":"summary","content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"Whole Act — in force Queensland statute covering all aspects of public passenger transport regulation, from strategic planning to enforcement."},"complexity_factors":["Multiple service types (buses, ferries, taxis, rideshare, limousines, rail) with separate licensing and contracting regimes","Layered structure of service contracts, licences, and authorisations","Extensive disqualifying offence framework for driver authorisations","Chapter 6A safety duties overlay on existing WHS and heavy vehicle laws","Rideshare regulation (including foreign booking entities with local nominees) as a relatively recent addition"],"plain_english_summary":"The Transport Operations (Passenger Transport) Act 1994 (Qld) is Queensland's comprehensive statute for regulating public passenger transport. It covers buses, ferries, rail services, taxis, rideshare (booked hire services), limousines, and the platforms that book them. It governs how services are planned, licensed, operated, and enforced.\n\nThe Act establishes a framework in which the chief executive of the responsible department develops passenger transport strategies and implementation programs aligned with the state's transport coordination plan. Service operators wishing to run scheduled services (bus routes, rail, ferries) must hold service contracts with the State, subject to detailed contractual requirements and competitive tender processes. Operators of personalised transport services (taxis, rideshare, limousines) must hold licences and, in many cases, authorisations.\n\nChapter 4 creates the driver authorisation regime: anyone driving a public passenger vehicle professionally must hold a driver authorisation. The Act establishes categories of disqualifying offences — including child-related offences, serious criminal history, and certain traffic offences — which make a person ineligible to hold an authorisation. Robust screening and notification obligations apply.\n\nA significant addition in recent years is Chapter 6A, which imposes safety duties on all persons involved in road-based public passenger services: operators, registered vehicle operators, drivers, booking service providers, and booking entity authorisation holders. The duties require taking reasonably practicable steps to eliminate or minimise safety risks. These duties co-exist with, and are secondary to, the Work Health and Safety Act 2011 and the Heavy Vehicle National Law where both apply.\n\nChapter 7 specifically governs taxis, booked hire services (including rideshare like Uber), and booking services, distinguishing between traditional taxis (plying for hire on the spot) and pre-booked services. Booking entities must hold authorisations and comply with conduct and record-keeping requirements. Penalties include suspension or cancellation of licences and authorisations, fines, and driving sanctions."}},"importantCases":[],"_links":{"self":"/api/acts/transport-operations-passenger-transport-act-1994","history":"/api/acts/transport-operations-passenger-transport-act-1994/history","analysis":"/api/acts/transport-operations-passenger-transport-act-1994/analysis","conflicts":"/api/acts/transport-operations-passenger-transport-act-1994/conflicts","importantCases":"/api/acts/transport-operations-passenger-transport-act-1994/important-cases","documents":"/api/acts/transport-operations-passenger-transport-act-1994/documents"}}