{"id":"qld:act-1994-002","name":"Transport Planning and Coordination Act 1994","slug":"transport-planning-and-coordination-act-1994","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"2 of 1994","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104745,"registerId":"qld-act-1994-002-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Transport Planning and Coordination Act 1994 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Objectives","content":"### sec.2 Objectives\n\nThe objectives of this Act are, within the government’s overall policy agenda, to improve—\nthe economic, trade and regional development performance of Queensland; and\nthe quality of life of Queenslanders;\nby achieving overall transport effectiveness and efficiency through strategic planning and management of transport resources.\ns 2 prev s 2 om 1 July 1995 RA s 37\n- (a) the economic, trade and regional development performance of Queensland; and\n- (b) the quality of life of Queenslanders;","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Definitions","content":"### sec.3 Definitions\n\nThe dictionary in schedule 1 defines particular words used in this Act.\ns 3 amd 2015 No. 14 s 42 (4)\nNote—s 3 contained definitions for this Act. Definitions are now located in schedule 1 (Dictionary). Annotations for definitions contained in s 3 are located in annotations for sch 1.","sortOrder":3},{"sectionNumber":"pt.2","sectionType":"part","heading":"Transport coordination plan","content":"# Transport coordination plan","sortOrder":4},{"sectionNumber":"sec.4","sectionType":"section","heading":"Development of transport coordination plan","content":"### sec.4 Development of transport coordination plan\n\nThe chief executive must from time to time develop for the Minister’s approval a transport coordination plan to provide a framework for strategic planning and management of transport resources in Queensland in accordance with the objectives of this Act.\nIn developing a transport coordination plan, the chief executive must take reasonable steps to engage in public consultation.\nA transport coordination plan applies for the period specified in the plan, but the chief executive may, if it is appropriate in the circumstances, develop a new transport coordination plan for the Minister’s approval even though the period has not ended.\nThe Minister may, at any time, direct the chief executive to prepare a new transport coordination plan for the Minister’s approval or to amend the current transport coordination plan in the way the Minister directs.\nThe Minister may approve a transport coordination plan that is submitted for approval or require the chief executive to amend the plan in the way the Minister directs.\n(sec.4-ssec.1) The chief executive must from time to time develop for the Minister’s approval a transport coordination plan to provide a framework for strategic planning and management of transport resources in Queensland in accordance with the objectives of this Act.\n(sec.4-ssec.2) In developing a transport coordination plan, the chief executive must take reasonable steps to engage in public consultation.\n(sec.4-ssec.3) A transport coordination plan applies for the period specified in the plan, but the chief executive may, if it is appropriate in the circumstances, develop a new transport coordination plan for the Minister’s approval even though the period has not ended.\n(sec.4-ssec.4) The Minister may, at any time, direct the chief executive to prepare a new transport coordination plan for the Minister’s approval or to amend the current transport coordination plan in the way the Minister directs.\n(sec.4-ssec.5) The Minister may approve a transport coordination plan that is submitted for approval or require the chief executive to amend the plan in the way the Minister directs.","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":"Contents of transport coordination plan","content":"### sec.5 Contents of transport coordination plan\n\nA transport coordination plan must include—\na statement of the specific objectives sought to be achieved by the plan; and\ncriteria for deciding priorities for spending on transport; and\nappropriate performance indicators for deciding whether, and to what extent, the objectives of the plan have been achieved.\nA transport coordination plan must also provide—\nan adequate framework for the coordinated planning for transport; and\na way of achieving effective and efficient use of land for transport purposes.\n(sec.5-ssec.1) A transport coordination plan must include— a statement of the specific objectives sought to be achieved by the plan; and criteria for deciding priorities for spending on transport; and appropriate performance indicators for deciding whether, and to what extent, the objectives of the plan have been achieved.\n(sec.5-ssec.2) A transport coordination plan must also provide— an adequate framework for the coordinated planning for transport; and a way of achieving effective and efficient use of land for transport purposes.\n- (a) a statement of the specific objectives sought to be achieved by the plan; and\n- (b) criteria for deciding priorities for spending on transport; and\n- (c) appropriate performance indicators for deciding whether, and to what extent, the objectives of the plan have been achieved.\n- (a) an adequate framework for the coordinated planning for transport; and\n- (b) a way of achieving effective and efficient use of land for transport purposes.","sortOrder":6},{"sectionNumber":"sec.6","sectionType":"section","heading":"Transport coordination plan to be consistent with overall strategic planning for government etc.","content":"### sec.6 Transport coordination plan to be consistent with overall strategic planning for government etc.\n\nEach transport coordination plan must—\nbe consistent with the government’s overall strategic planning for Queensland; and\ntake into account—\nnational transport strategies; and\nregional transport and other development strategies; and\nlocal government interests; and\nthe government’s land use planning; and\nthe government’s environmental policies.\ns 6 amd 1995 No. 48 s 5 ; 2008 No. 32 s 109\n- (a) be consistent with the government’s overall strategic planning for Queensland; and\n- (b) take into account— (i) national transport strategies; and (ii) regional transport and other development strategies; and (iii) local government interests; and (iv) the government’s land use planning; and (v) the government’s environmental policies.\n- (i) national transport strategies; and\n- (ii) regional transport and other development strategies; and\n- (iii) local government interests; and\n- (iv) the government’s land use planning; and\n- (v) the government’s environmental policies.\n- (i) national transport strategies; and\n- (ii) regional transport and other development strategies; and\n- (iii) local government interests; and\n- (iv) the government’s land use planning; and\n- (v) the government’s environmental policies.","sortOrder":7},{"sectionNumber":"sec.7","sectionType":"section","heading":"Tabling of transport coordination plan","content":"### sec.7 Tabling of transport coordination plan\n\nThe Minister must cause a copy of each transport coordination plan, and of each amendment of a transport coordination plan, approved by the Minister, to be tabled in the Legislative Assembly.","sortOrder":8},{"sectionNumber":"sec.8","sectionType":"section","heading":"Effect of failure to comply with pt 2","content":"### sec.8 Effect of failure to comply with pt 2\n\nIt is Parliament’s intention that this part be complied with.\nHowever—\nthis part is directory only and does not create rights or impose legally enforceable obligations on the State, Minister, chief executive or anyone else; and\nfailure to comply with this part does not affect the validity of anything done or not done under this Act or another Act.\nIn addition, a decision made, or appearing to be made, under this part—\nis final and conclusive; and\ncan not be challenged, appealed against, reviewed, quashed, set aside, or called in question in another way, under the Judicial Review Act 1991 (whether by the Supreme Court, another court, a tribunal or another entity); and\nis not subject to any writ or order of the Supreme Court, another court, a tribunal or another entity on any ground.\nIn this section—\ndecision includes—\nconduct engaged in to make a decision; and\nconduct related to making a decision; and\nfailure to make a decision.\ns 8 ins 1995 No. 9 s 92 sch\n(sec.8-ssec.1) It is Parliament’s intention that this part be complied with.\n(sec.8-ssec.2) However— this part is directory only and does not create rights or impose legally enforceable obligations on the State, Minister, chief executive or anyone else; and failure to comply with this part does not affect the validity of anything done or not done under this Act or another Act.\n(sec.8-ssec.3) In addition, a decision made, or appearing to be made, under this part— is final and conclusive; and can not be challenged, appealed against, reviewed, quashed, set aside, or called in question in another way, under the Judicial Review Act 1991 (whether by the Supreme Court, another court, a tribunal or another entity); and is not subject to any writ or order of the Supreme Court, another court, a tribunal or another entity on any ground.\n(sec.8-ssec.4) In this section— decision includes— conduct engaged in to make a decision; and conduct related to making a decision; and failure to make a decision.\n- (a) this part is directory only and does not create rights or impose legally enforceable obligations on the State, Minister, chief executive or anyone else; and\n- (b) failure to comply with this part does not affect the validity of anything done or not done under this Act or another Act.\n- (a) is final and conclusive; and\n- (b) can not be challenged, appealed against, reviewed, quashed, set aside, or called in question in another way, under the Judicial Review Act 1991 (whether by the Supreme Court, another court, a tribunal or another entity); and\n- (c) is not subject to any writ or order of the Supreme Court, another court, a tribunal or another entity on any ground.\n- (a) conduct engaged in to make a decision; and\n- (b) conduct related to making a decision; and\n- (c) failure to make a decision.","sortOrder":9},{"sectionNumber":"pt.2A","sectionType":"part","heading":"Land use and transport coordination","content":"# Land use and transport coordination","sortOrder":10},{"sectionNumber":"sec.8A","sectionType":"section","heading":"Object of pt 2A","content":"### sec.8A Object of pt 2A\n\nThe object of this part is to enable the chief executive to encourage increased integration between land use and transport.\nThe way the object is to be achieved includes—\nensuring, as far as practicable, development does not have a significant adverse impact on any of the following—\nexisting or future public passenger transport;\nexisting or future public passenger transport infrastructure; and\nensuring development addresses any impacts on the development from environmental emissions generated by any of the following—\nexisting or future public passenger transport;\nexisting or future public passenger transport infrastructure; and\nair particles, fumes, light, noise\nensuring, as far as practicable, public passenger transport offers an attractive alternative to private transport in a way that reduces the overall economic, environmental and social costs of transport; and\npromoting urban development that maximises the use of public passenger transport; and\nincreasing opportunities for people to access public passenger transport, including access by cycling and walking; and\nensuring, as far as practicable, the provision of public passenger transport infrastructure to support public passenger transport; and\nensuring development supports active transport; and\nensuring, as far as practicable, the provision of active transport infrastructure to support active transport.\nIn this section—\nactive transport means physical activity undertaken as a means of transport from 1 place to another, including the following—\ncycling;\nwalking;\ncycling or walking to a place to access public passenger transport, or from a place after public passenger transport has been used.\nactive transport infrastructure means infrastructure for use in connection with active transport, including, for example, the following—\na path or walkway for use by pedestrians;\na path, lane or other infrastructure for use by cyclists;\na device or facility designed and constructed for parking bicycles;\nan end of trip facility.\nend of trip facility means a facility or service at a potential destination for a person engaging in active transport that is designed to make active transport a more attractive, convenient and practical means of transport, including, for example, any of the following—\nshowers, toilets or wash basins;\nareas for changing clothes;\nfacilities used for grooming purposes, including, for example, mirrors, hair dryers, ironing equipment or outlets for hair dryers and other electrical equipment;\nfacilities for washing or drying clothes;\nservice for the provision of towels;\nstorage facilities for clothing or equipment;\ndrinking facilities;\nservices for obtaining equipment that may be used to maintain or repair bicycles, including, for example, air pumps, puncture repair kits, tyre levers and tyre tubes.\ns 8A ins 2004 No. 40 s 18\namd 2008 No. 67 s 271 ; 2009 No. 47 s 37 ; 2010 No. 19 s 273\n(sec.8A-ssec.1) The object of this part is to enable the chief executive to encourage increased integration between land use and transport.\n(sec.8A-ssec.2) The way the object is to be achieved includes— ensuring, as far as practicable, development does not have a significant adverse impact on any of the following— existing or future public passenger transport; existing or future public passenger transport infrastructure; and ensuring development addresses any impacts on the development from environmental emissions generated by any of the following— existing or future public passenger transport; existing or future public passenger transport infrastructure; and air particles, fumes, light, noise ensuring, as far as practicable, public passenger transport offers an attractive alternative to private transport in a way that reduces the overall economic, environmental and social costs of transport; and promoting urban development that maximises the use of public passenger transport; and increasing opportunities for people to access public passenger transport, including access by cycling and walking; and ensuring, as far as practicable, the provision of public passenger transport infrastructure to support public passenger transport; and ensuring development supports active transport; and ensuring, as far as practicable, the provision of active transport infrastructure to support active transport.\n(sec.8A-ssec.3) In this section— active transport means physical activity undertaken as a means of transport from 1 place to another, including the following— cycling; walking; cycling or walking to a place to access public passenger transport, or from a place after public passenger transport has been used. active transport infrastructure means infrastructure for use in connection with active transport, including, for example, the following— a path or walkway for use by pedestrians; a path, lane or other infrastructure for use by cyclists; a device or facility designed and constructed for parking bicycles; an end of trip facility. end of trip facility means a facility or service at a potential destination for a person engaging in active transport that is designed to make active transport a more attractive, convenient and practical means of transport, including, for example, any of the following— showers, toilets or wash basins; areas for changing clothes; facilities used for grooming purposes, including, for example, mirrors, hair dryers, ironing equipment or outlets for hair dryers and other electrical equipment; facilities for washing or drying clothes; service for the provision of towels; storage facilities for clothing or equipment; drinking facilities; services for obtaining equipment that may be used to maintain or repair bicycles, including, for example, air pumps, puncture repair kits, tyre levers and tyre tubes.\n- (a) ensuring, as far as practicable, development does not have a significant adverse impact on any of the following— (i) existing or future public passenger transport; (ii) existing or future public passenger transport infrastructure; and\n- (i) existing or future public passenger transport;\n- (ii) existing or future public passenger transport infrastructure; and\n- (b) ensuring development addresses any impacts on the development from environmental emissions generated by any of the following— (i) existing or future public passenger transport; (ii) existing or future public passenger transport infrastructure; and Examples of environmental emissions— air particles, fumes, light, noise\n- (i) existing or future public passenger transport;\n- (ii) existing or future public passenger transport infrastructure; and\n- (c) ensuring, as far as practicable, public passenger transport offers an attractive alternative to private transport in a way that reduces the overall economic, environmental and social costs of transport; and\n- (d) promoting urban development that maximises the use of public passenger transport; and\n- (e) increasing opportunities for people to access public passenger transport, including access by cycling and walking; and\n- (f) ensuring, as far as practicable, the provision of public passenger transport infrastructure to support public passenger transport; and\n- (g) ensuring development supports active transport; and\n- (h) ensuring, as far as practicable, the provision of active transport infrastructure to support active transport.\n- (i) existing or future public passenger transport;\n- (ii) existing or future public passenger transport infrastructure; and\n- (i) existing or future public passenger transport;\n- (ii) existing or future public passenger transport infrastructure; and\n- (a) cycling;\n- (b) walking;\n- (c) cycling or walking to a place to access public passenger transport, or from a place after public passenger transport has been used.\n- (a) a path or walkway for use by pedestrians;\n- (b) a path, lane or other infrastructure for use by cyclists;\n- (c) a device or facility designed and constructed for parking bicycles;\n- (d) an end of trip facility.\n- (a) showers, toilets or wash basins;\n- (b) areas for changing clothes;\n- (c) facilities used for grooming purposes, including, for example, mirrors, hair dryers, ironing equipment or outlets for hair dryers and other electrical equipment;\n- (d) facilities for washing or drying clothes;\n- (e) service for the provision of towels;\n- (f) storage facilities for clothing or equipment;\n- (g) drinking facilities;\n- (h) services for obtaining equipment that may be used to maintain or repair bicycles, including, for example, air pumps, puncture repair kits, tyre levers and tyre tubes.","sortOrder":11},{"sectionNumber":"sec.8B","sectionType":"section","heading":"Impact of particular development on public passenger transport or active transport","content":"### sec.8B Impact of particular development on public passenger transport or active transport\n\nThis section applies if the chief executive is—\na referral agency under the Planning Act for a development application under that Act ; or\nthe responsible entity or a referral agency under the Planning Act for a change application under that Act .\nFor performing the chief executive’s functions as responsible entity or referral agency, the chief executive must consider the extent to which the proposed development satisfies the objectives of this part.\nSubsection (2) is in addition to, and does not limit, the Planning Act , sections 55 , 81 , 81A and 82 .\ns 8B ins 2004 No. 40 s 18\namd 2008 No. 67 s 272; 2009 No. 36 s 872 sch 2; 2016 No. 27 s 602 ; 2019 No. 11 s 231 s ch 1 pt 1\n(sec.8B-ssec.1) This section applies if the chief executive is— a referral agency under the Planning Act for a development application under that Act ; or the responsible entity or a referral agency under the Planning Act for a change application under that Act .\n(sec.8B-ssec.2) For performing the chief executive’s functions as responsible entity or referral agency, the chief executive must consider the extent to which the proposed development satisfies the objectives of this part.\n(sec.8B-ssec.3) Subsection (2) is in addition to, and does not limit, the Planning Act , sections 55 , 81 , 81A and 82 .\n- (a) a referral agency under the Planning Act for a development application under that Act ; or\n- (b) the responsible entity or a referral agency under the Planning Act for a change application under that Act .","sortOrder":12},{"sectionNumber":"sec.8C","sectionType":"section","heading":"Impact of road works on identified local government roads","content":"### sec.8C Impact of road works on identified local government roads\n\nThis section applies in relation to road works to be carried out on a local government road if—\nthe road forms part of a route used for a public passenger service and is identified in a road works guideline; or\nthe road forms part of a route identified in a passenger transport implementation strategy or program under the Transport Operations (Passenger Transport) Act 1994 ; or\nthe works will do either of the following while they are carried out or when they are finished—\nrestrict or limit access to public passenger transport infrastructure;\nthe temporary diversion of a bus route\nresult in the removal of public passenger transport infrastructure.\nthe temporary removal of a bus stop\nA person undertaking road works for the local government for the local government area in which the road is situated must comply with the road works guideline.\nMaximum penalty—10 penalty units.\nIf, before the road works are undertaken, the local government knows the works will restrict or limit access to a public passenger service or public passenger transport infrastructure while they are undertaken, the local government must notify the chief executive about the works—\nin writing; and\nat least 21 days before the works start.\nIn this section—\nroad works guideline means a guideline made under section 8E for this section.\ns 8C ins 2004 No. 40 s 18\namd 2008 No. 32 s 110 ; 2016 No. 27 s 603\nsub 2017 No. 25 s 85\n(sec.8C-ssec.1) This section applies in relation to road works to be carried out on a local government road if— the road forms part of a route used for a public passenger service and is identified in a road works guideline; or the road forms part of a route identified in a passenger transport implementation strategy or program under the Transport Operations (Passenger Transport) Act 1994 ; or the works will do either of the following while they are carried out or when they are finished— restrict or limit access to public passenger transport infrastructure; the temporary diversion of a bus route result in the removal of public passenger transport infrastructure. the temporary removal of a bus stop\n(sec.8C-ssec.2) A person undertaking road works for the local government for the local government area in which the road is situated must comply with the road works guideline. Maximum penalty—10 penalty units.\n(sec.8C-ssec.3) If, before the road works are undertaken, the local government knows the works will restrict or limit access to a public passenger service or public passenger transport infrastructure while they are undertaken, the local government must notify the chief executive about the works— in writing; and at least 21 days before the works start.\n(sec.8C-ssec.4) In this section— road works guideline means a guideline made under section 8E for this section.\n- (a) the road forms part of a route used for a public passenger service and is identified in a road works guideline; or\n- (b) the road forms part of a route identified in a passenger transport implementation strategy or program under the Transport Operations (Passenger Transport) Act 1994 ; or\n- (c) the works will do either of the following while they are carried out or when they are finished— (i) restrict or limit access to public passenger transport infrastructure; Example for subparagraph (i) — the temporary diversion of a bus route (ii) result in the removal of public passenger transport infrastructure. Example for subparagraph (ii) — the temporary removal of a bus stop\n- (i) restrict or limit access to public passenger transport infrastructure; Example for subparagraph (i) — the temporary diversion of a bus route\n- (ii) result in the removal of public passenger transport infrastructure. Example for subparagraph (ii) — the temporary removal of a bus stop\n- (i) restrict or limit access to public passenger transport infrastructure; Example for subparagraph (i) — the temporary diversion of a bus route\n- (ii) result in the removal of public passenger transport infrastructure. Example for subparagraph (ii) — the temporary removal of a bus stop\n- (a) in writing; and\n- (b) at least 21 days before the works start.","sortOrder":13},{"sectionNumber":"sec.8D","sectionType":"section","heading":"Impact of change of management of local government road on scheduled passenger services","content":"### sec.8D Impact of change of management of local government road on scheduled passenger services\n\nThis section applies if—\na local government proposes to make a change to the management of a local government road; and\nthe change would have a significant adverse impact on the provision of a scheduled passenger service.\nThe local government must apply to the chief executive for written approval to make the change.\nWithout limiting subsection (1) (b) , a change to the management of a local government road that, if made, would adversely affect any of the following things is a change that would have a significant adverse impact on the provision of a scheduled passenger service—\nthe route that may be taken for, or the number of stops that may be made during, the scheduled passenger service;\nthe frequency of a scheduled journey for the scheduled passenger service;\nthe time taken to complete a scheduled journey for the scheduled passenger service.\nthe closure of a road or lane\nthe removal or alteration of a bus lane or transit lane\na change in the direction of traffic flow along a road\na change in priority settings on a road\nchanging a roundabout to a signalised intersection\nThe application must be made at least 21 days before the proposed change is to take effect.\nThe chief executive—\nmust consider the application within—\n21 days after receiving it; or\nthe longer time notified to the local government by the chief executive, in writing, before the end of the 21 days; and\nmay—\napprove the proposed change, with or without conditions; or\nrefuse to approve the proposed change.\nThe chief executive must give the local government written notice of the chief executive’s decision on the application.\nIf the chief executive does not do any of the following within the 21 days, the chief executive is taken to have approved the proposed change—\napprove the proposed change;\nrefuse to approve the proposed change;\ngive the local government a notice under subsection (4) (a) (ii) .\nPart 5 applies to a decision of the chief executive under subsection (4) (b) .\nThis section does not apply if—\nthe chief executive or planning chief executive has considered the change of management of the local government road as part of considering an application for a development approval, or a change application, under the Planning Act ; or\nit is reasonably necessary for the change to be made without delay including, for example, because of an emergency affecting the safety of the road network.\nIn this section—\nplanning chief executive means the chief executive of the department in which the Planning Act is administered.\ns 8D ins 2004 No. 40 s 18\namd 2005 No. 49 s 77 ; 2007 No. 36 s 2 sch ; 2008 No. 67 s 255 ; 2010 No. 13 s 136 sch pt 1 ; 2016 No. 27 s 604 ; 2017 No. 25 s 86\n(sec.8D-ssec.1) This section applies if— a local government proposes to make a change to the management of a local government road; and the change would have a significant adverse impact on the provision of a scheduled passenger service.\n(sec.8D-ssec.2) The local government must apply to the chief executive for written approval to make the change.\n(sec.8D-ssec.2A) Without limiting subsection (1) (b) , a change to the management of a local government road that, if made, would adversely affect any of the following things is a change that would have a significant adverse impact on the provision of a scheduled passenger service— the route that may be taken for, or the number of stops that may be made during, the scheduled passenger service; the frequency of a scheduled journey for the scheduled passenger service; the time taken to complete a scheduled journey for the scheduled passenger service. the closure of a road or lane the removal or alteration of a bus lane or transit lane a change in the direction of traffic flow along a road a change in priority settings on a road changing a roundabout to a signalised intersection\n(sec.8D-ssec.3) The application must be made at least 21 days before the proposed change is to take effect.\n(sec.8D-ssec.4) The chief executive— must consider the application within— 21 days after receiving it; or the longer time notified to the local government by the chief executive, in writing, before the end of the 21 days; and may— approve the proposed change, with or without conditions; or refuse to approve the proposed change.\n(sec.8D-ssec.5) The chief executive must give the local government written notice of the chief executive’s decision on the application.\n(sec.8D-ssec.6) If the chief executive does not do any of the following within the 21 days, the chief executive is taken to have approved the proposed change— approve the proposed change; refuse to approve the proposed change; give the local government a notice under subsection (4) (a) (ii) .\n(sec.8D-ssec.7) Part 5 applies to a decision of the chief executive under subsection (4) (b) .\n(sec.8D-ssec.8) This section does not apply if— the chief executive or planning chief executive has considered the change of management of the local government road as part of considering an application for a development approval, or a change application, under the Planning Act ; or it is reasonably necessary for the change to be made without delay including, for example, because of an emergency affecting the safety of the road network.\n(sec.8D-ssec.9) In this section— planning chief executive means the chief executive of the department in which the Planning Act is administered.\n- (a) a local government proposes to make a change to the management of a local government road; and\n- (b) the change would have a significant adverse impact on the provision of a scheduled passenger service.\n- (a) the route that may be taken for, or the number of stops that may be made during, the scheduled passenger service;\n- (b) the frequency of a scheduled journey for the scheduled passenger service;\n- (c) the time taken to complete a scheduled journey for the scheduled passenger service.\n- • the closure of a road or lane\n- • the removal or alteration of a bus lane or transit lane\n- • a change in the direction of traffic flow along a road\n- • a change in priority settings on a road\n- • changing a roundabout to a signalised intersection\n- (a) must consider the application within— (i) 21 days after receiving it; or (ii) the longer time notified to the local government by the chief executive, in writing, before the end of the 21 days; and\n- (i) 21 days after receiving it; or\n- (ii) the longer time notified to the local government by the chief executive, in writing, before the end of the 21 days; and\n- (b) may— (i) approve the proposed change, with or without conditions; or (ii) refuse to approve the proposed change.\n- (i) approve the proposed change, with or without conditions; or\n- (ii) refuse to approve the proposed change.\n- (i) 21 days after receiving it; or\n- (ii) the longer time notified to the local government by the chief executive, in writing, before the end of the 21 days; and\n- (i) approve the proposed change, with or without conditions; or\n- (ii) refuse to approve the proposed change.\n- (a) approve the proposed change;\n- (b) refuse to approve the proposed change;\n- (c) give the local government a notice under subsection (4) (a) (ii) .\n- (a) the chief executive or planning chief executive has considered the change of management of the local government road as part of considering an application for a development approval, or a change application, under the Planning Act ; or\n- (b) it is reasonably necessary for the change to be made without delay including, for example, because of an emergency affecting the safety of the road network.","sortOrder":14},{"sectionNumber":"sec.8E","sectionType":"section","heading":"Guidelines for pt 2A","content":"### sec.8E Guidelines for pt 2A\n\nThe chief executive may make guidelines—\nabout a matter mentioned in section 8A ; or\nfor the purposes of sections 8B to 8D .\nThe guidelines may also—\nidentify a particular transport facility, transport corridor or parcel of land; and\ninclude other matters relevant to subsection (1) (a) or (b) .\nA person must have regard to relevant guidelines when—\nplanning or carrying out development under the Planning Act ; or\nmaking changes to the management of a local government road; or\nmaking proposals in relation to the provision of public passenger transport.\nThe chief executive must—\ngive a copy of the guidelines, and any amendment of the guidelines, to every local government affected by the guidelines; and\nfor a guideline made for the purposes of section 8C —publish the guideline on the department’s website.\nThis section does not limit section 8C (2) .\nIn this section—\ndepartment’s website means a website, or part of a website—\nadministered by the department; and\nwith a URL that contains qld.gov.au.\ntransport corridor includes a future transport corridor.\ntransport facility includes a future transport facility.\ns 8E ins 2004 No. 40 s 18\namd 2005 No. 49 s 78\nsub 2007 No. 6 s 68\namd 2008 No. 67 s 256 ; 2009 No. 36 s 872 sch 2 ; 2016 No. 27 s 605 ; 2017 No. 25 s 87 ; 2019 No. 25 s 59\n(sec.8E-ssec.1) The chief executive may make guidelines— about a matter mentioned in section 8A ; or for the purposes of sections 8B to 8D .\n(sec.8E-ssec.2) The guidelines may also— identify a particular transport facility, transport corridor or parcel of land; and include other matters relevant to subsection (1) (a) or (b) .\n(sec.8E-ssec.3) A person must have regard to relevant guidelines when— planning or carrying out development under the Planning Act ; or making changes to the management of a local government road; or making proposals in relation to the provision of public passenger transport.\n(sec.8E-ssec.4) The chief executive must— give a copy of the guidelines, and any amendment of the guidelines, to every local government affected by the guidelines; and for a guideline made for the purposes of section 8C —publish the guideline on the department’s website.\n(sec.8E-ssec.5) This section does not limit section 8C (2) .\n(sec.8E-ssec.6) In this section— department’s website means a website, or part of a website— administered by the department; and with a URL that contains qld.gov.au. transport corridor includes a future transport corridor. transport facility includes a future transport facility.\n- (a) about a matter mentioned in section 8A ; or\n- (b) for the purposes of sections 8B to 8D .\n- (a) identify a particular transport facility, transport corridor or parcel of land; and\n- (b) include other matters relevant to subsection (1) (a) or (b) .\n- (a) planning or carrying out development under the Planning Act ; or\n- (b) making changes to the management of a local government road; or\n- (c) making proposals in relation to the provision of public passenger transport.\n- (a) give a copy of the guidelines, and any amendment of the guidelines, to every local government affected by the guidelines; and\n- (b) for a guideline made for the purposes of section 8C —publish the guideline on the department’s website.\n- (a) administered by the department; and\n- (b) with a URL that contains qld.gov.au.","sortOrder":15},{"sectionNumber":"pt.3","sectionType":"part","heading":null,"content":"","sortOrder":16},{"sectionNumber":"sec.9","sectionType":"section","heading":null,"content":"### Section sec.9\n\ns 9 ins 1995 No. 48 s 6\namd 1996 No. 37 s 147 sch 2\nom 2008 No. 32 s 111","sortOrder":17},{"sectionNumber":"sec.10","sectionType":"section","heading":null,"content":"### Section sec.10\n\ns 10 ins 1995 No. 48 s 6\nom 2008 No. 32 s 111","sortOrder":18},{"sectionNumber":"sec.10A","sectionType":"section","heading":null,"content":"### Section sec.10A\n\ns 10A ins 2002 No. 15 s 64\nom 2008 No. 32 s 111","sortOrder":19},{"sectionNumber":"sec.11","sectionType":"section","heading":null,"content":"### Section sec.11\n\ns 11 ins 1995 No. 48 s 6\nom 2008 No. 32 s 111","sortOrder":20},{"sectionNumber":"sec.12","sectionType":"section","heading":null,"content":"### Section sec.12\n\ns 12 ins 1995 No. 48 s 6\nom 2008 No. 32 s 111","sortOrder":21},{"sectionNumber":"sec.13","sectionType":"section","heading":null,"content":"### Section sec.13\n\ns 13 ins 1995 No. 48 s 6\nom 2008 No. 32 s 111","sortOrder":22},{"sectionNumber":"sec.14","sectionType":"section","heading":null,"content":"### Section sec.14\n\ns 14 orig s 14 om 1994 No. 32 s 14 sch 1\nprev s 14 ins 1995 No. 48 s 6\namd 1996 No. 37 s 147 sch 2\nom 2008 No. 32 s 111","sortOrder":23},{"sectionNumber":"sec.15","sectionType":"section","heading":null,"content":"### Section sec.15\n\ns 15 ins 1995 No. 48 s 6\nom 2008 No. 32 s 111","sortOrder":24},{"sectionNumber":"sec.16","sectionType":"section","heading":null,"content":"### Section sec.16\n\ns 16 ins 1995 No. 48 s 6\nom 2008 No. 32 s 111","sortOrder":25},{"sectionNumber":"sec.16A","sectionType":"section","heading":null,"content":"### Section sec.16A\n\ns 16A ins 2002 No. 15 s 65\nom 2008 No. 32 s 111","sortOrder":26},{"sectionNumber":"sec.17","sectionType":"section","heading":null,"content":"### Section sec.17\n\ns 17 ins 1995 No. 48 s 6\nom 2008 No. 32 s 111","sortOrder":27},{"sectionNumber":"sec.18","sectionType":"section","heading":null,"content":"### Section sec.18\n\ns 18 ins 1995 No. 48 s 6\nom 2008 No. 32 s 111","sortOrder":28},{"sectionNumber":"sec.19","sectionType":"section","heading":null,"content":"### Section sec.19\n\ns 19 ins 1995 No. 48 s 6\nom 2008 No. 32 s 111","sortOrder":29},{"sectionNumber":"sec.20","sectionType":"section","heading":null,"content":"### Section sec.20\n\ns 20 ins 1995 No. 48 s 6\nom 2008 No. 32 s 111","sortOrder":30},{"sectionNumber":"sec.21","sectionType":"section","heading":null,"content":"### Section sec.21\n\ns 21 orig s 21 om 1995 No. 57 s 4 sch 1\nprev s 21 ins 1995 No. 48 s 6\nom 2008 No. 32 s 111","sortOrder":31},{"sectionNumber":"pt.4","sectionType":"part","heading":"Functions, powers and property","content":"# Functions, powers and property","sortOrder":32},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"General","content":"## General","sortOrder":33},{"sectionNumber":"sec.22","sectionType":"section","heading":"Chief executive’s coordination and strategic planning functions","content":"### sec.22 Chief executive’s coordination and strategic planning functions\n\nThe chief executive’s functions under the transport Acts include—\ncoordinating the strategic planning and operation of integrated transport systems in the State; and\nmanaging the allocation of funds to achieve this outcome.\nWithout limiting subsection (1) , the chief executive is to achieve the functions mentioned in subsection (1) by—\nensuring more effective integration of land use and transport planning by—\nevaluating the effectiveness of proposed and existing transport systems in the State; and\ndeveloping and implementing integrated regional transport plans that complement the objectives of regional and land use plans in the State; and\nensuring the effective planning and development of transport infrastructure; and\ndeveloping and implementing travel demand management initiatives, including marketing and promotion initiatives, to more efficiently use road capacity.\ns 22 prev s 22 ins 1995 No. 48 s 6\nom 2008 No. 32 s 111\npres s 22 ins 2008 No. 32 s 112\n(sec.22-ssec.1) The chief executive’s functions under the transport Acts include— coordinating the strategic planning and operation of integrated transport systems in the State; and managing the allocation of funds to achieve this outcome.\n(sec.22-ssec.2) Without limiting subsection (1) , the chief executive is to achieve the functions mentioned in subsection (1) by— ensuring more effective integration of land use and transport planning by— evaluating the effectiveness of proposed and existing transport systems in the State; and developing and implementing integrated regional transport plans that complement the objectives of regional and land use plans in the State; and ensuring the effective planning and development of transport infrastructure; and developing and implementing travel demand management initiatives, including marketing and promotion initiatives, to more efficiently use road capacity.\n- (a) coordinating the strategic planning and operation of integrated transport systems in the State; and\n- (b) managing the allocation of funds to achieve this outcome.\n- (a) ensuring more effective integration of land use and transport planning by— (i) evaluating the effectiveness of proposed and existing transport systems in the State; and (ii) developing and implementing integrated regional transport plans that complement the objectives of regional and land use plans in the State; and\n- (i) evaluating the effectiveness of proposed and existing transport systems in the State; and\n- (ii) developing and implementing integrated regional transport plans that complement the objectives of regional and land use plans in the State; and\n- (b) ensuring the effective planning and development of transport infrastructure; and\n- (c) developing and implementing travel demand management initiatives, including marketing and promotion initiatives, to more efficiently use road capacity.\n- (i) evaluating the effectiveness of proposed and existing transport systems in the State; and\n- (ii) developing and implementing integrated regional transport plans that complement the objectives of regional and land use plans in the State; and","sortOrder":34},{"sectionNumber":"sec.23","sectionType":"section","heading":"Functions of chief executive not limited by implication","content":"### sec.23 Functions of chief executive not limited by implication\n\nNo transport Act limits, by implication, the chief executive’s functions under another Act or law.\nThis Act (and the chief executive’s functions under it) does not limit, by implication, the following functions under other Acts or laws—\nthe chief executive’s responsibilities as chief executive under the Public Sector Act 2022 , especially section 177\nthe chief executive’s functions as accountable officer under the Financial Accountability Act 2009 , especially section 61\nthe chief executive’s functions, whether at common law or under statute, as the person in control, under the Minister, of a department of government of the State\nthe chief executive’s functions under the Transport Infrastructure Act 1994 , including, for example, the chief executive’s functions for road transport infrastructure, busway transport infrastructure and light rail transport infrastructure under that Act .\nThis section is enacted to remove any doubt about the chief executive’s functions.\nIn this section—\nfunction includes responsibility.\nlaw includes any common law rule.\ns 23 prev s 23 om 1995 No. 57 s 4 sch 1\npres s 23 (prev s 8A) ins 1994 No. 32 s 14 sch 1\nrenum 1995 No. 32 s 23 sch\namd 2000 No. 40 s 35 ; 2007 No. 36 s 2 sch ; 2009 No. 9 s 136 sch 1 ; 2009 No. 25 s 83 sch; 2022 No. 34 s 365 sch 3\n(sec.23-ssec.1) No transport Act limits, by implication, the chief executive’s functions under another Act or law. This Act (and the chief executive’s functions under it) does not limit, by implication, the following functions under other Acts or laws— the chief executive’s responsibilities as chief executive under the Public Sector Act 2022 , especially section 177 the chief executive’s functions as accountable officer under the Financial Accountability Act 2009 , especially section 61 the chief executive’s functions, whether at common law or under statute, as the person in control, under the Minister, of a department of government of the State the chief executive’s functions under the Transport Infrastructure Act 1994 , including, for example, the chief executive’s functions for road transport infrastructure, busway transport infrastructure and light rail transport infrastructure under that Act .\n(sec.23-ssec.2) This section is enacted to remove any doubt about the chief executive’s functions.\n(sec.23-ssec.3) In this section— function includes responsibility. law includes any common law rule.\n- • the chief executive’s responsibilities as chief executive under the Public Sector Act 2022 , especially section 177\n- • the chief executive’s functions as accountable officer under the Financial Accountability Act 2009 , especially section 61\n- • the chief executive’s functions, whether at common law or under statute, as the person in control, under the Minister, of a department of government of the State\n- • the chief executive’s functions under the Transport Infrastructure Act 1994 , including, for example, the chief executive’s functions for road transport infrastructure, busway transport infrastructure and light rail transport infrastructure under that Act .","sortOrder":35},{"sectionNumber":"sec.24","sectionType":"section","heading":"General powers of chief executive","content":"### sec.24 General powers of chief executive\n\nThe chief executive has, under the Minister and as agent of the State, all the powers of the State that are necessary or desirable for performing the chief executive’s functions.\nAnything done in the name of, or for, the State by the chief executive in performing the chief executive’s functions is taken to have been done for, and binds, the State.\nWithout limiting subsection (1) , the chief executive may, for example, in performing the chief executive’s functions—\nenter into arrangements, agreements, contracts and deeds; and\nacquire, hold, deal with and dispose of property; and\nappoint agents and attorneys; and\ncharge, and fix terms, for goods, services, facilities and information supplied; and\nseal any document; and\ndo other things necessary or convenient to be done for, or in connection with, the chief executive’s functions.\nWithout limiting subsection (1) , the chief executive has the powers given to the chief executive under this or another Act or at common law.\nNo transport Act limits, by implication, the powers that the chief executive has under another Act or law, and, in particular, no transport Act prevents, by implication—\nthe chief executive doing anything in trade or commerce; or\nthe chief executive doing anything outside Queensland, including outside Australia.\nHowever, the chief executive’s powers are subject to any restriction expressly imposed on the chief executive under this or another Act.\nThis section is enacted to remove any doubt about the chief executive’s powers.\nIn this section—\nfunction includes responsibility.\nlaw includes any common law rule.\npower includes legal capacity.\nrestriction includes prohibition.\ntrade or commerce includes—\na business or professional activity; and\nanything else done for gain or reward.\ns 24 sub 1994 No. 32 s 14 sch 1\n(sec.24-ssec.1) The chief executive has, under the Minister and as agent of the State, all the powers of the State that are necessary or desirable for performing the chief executive’s functions.\n(sec.24-ssec.2) Anything done in the name of, or for, the State by the chief executive in performing the chief executive’s functions is taken to have been done for, and binds, the State.\n(sec.24-ssec.3) Without limiting subsection (1) , the chief executive may, for example, in performing the chief executive’s functions— enter into arrangements, agreements, contracts and deeds; and acquire, hold, deal with and dispose of property; and appoint agents and attorneys; and charge, and fix terms, for goods, services, facilities and information supplied; and seal any document; and do other things necessary or convenient to be done for, or in connection with, the chief executive’s functions.\n(sec.24-ssec.4) Without limiting subsection (1) , the chief executive has the powers given to the chief executive under this or another Act or at common law.\n(sec.24-ssec.5) No transport Act limits, by implication, the powers that the chief executive has under another Act or law, and, in particular, no transport Act prevents, by implication— the chief executive doing anything in trade or commerce; or the chief executive doing anything outside Queensland, including outside Australia.\n(sec.24-ssec.6) However, the chief executive’s powers are subject to any restriction expressly imposed on the chief executive under this or another Act.\n(sec.24-ssec.7) This section is enacted to remove any doubt about the chief executive’s powers.\n(sec.24-ssec.8) In this section— function includes responsibility. law includes any common law rule. power includes legal capacity. restriction includes prohibition. trade or commerce includes— a business or professional activity; and anything else done for gain or reward.\n- (a) enter into arrangements, agreements, contracts and deeds; and\n- (b) acquire, hold, deal with and dispose of property; and\n- (c) appoint agents and attorneys; and\n- (d) charge, and fix terms, for goods, services, facilities and information supplied; and\n- (e) seal any document; and\n- (f) do other things necessary or convenient to be done for, or in connection with, the chief executive’s functions.\n- (a) the chief executive doing anything in trade or commerce; or\n- (b) the chief executive doing anything outside Queensland, including outside Australia.\n- (a) a business or professional activity; and\n- (b) anything else done for gain or reward.","sortOrder":36},{"sectionNumber":"sec.25","sectionType":"section","heading":"General powers regarding property","content":"### sec.25 General powers regarding property\n\nThe chief executive may, for the State, acquire, hold, dispose of or otherwise deal with property for the purposes of transport, for an incidental purpose, for the purpose of a transport associated development or for a combination of these purposes.\nSee subsections (2) and (2A) if land is to be acquired by resumption.\nThe power conferred by subsection (1) includes power to acquire land by resumption in accordance with this part if the land is, in the chief executive’s opinion, required for the purposes of transport, for an incidental purpose, for the purpose of a transport associated development or for a combination of these purposes.\nIf land is acquired by resumption for the purpose of a transport associated development as mentioned in subsection (1) or (2) , at the time of acquisition the land must also be acquired for the purposes of transport or for an incidental purpose.\nWithout limiting subsection (1) or (2) , the chief executive may, for the State, acquire property for any of the following purposes—\nthe facilitation of transport infrastructure;\nthe supply or improvement of facilities for users of transport infrastructure;\nthe amelioration of negative environmental effects associated with transport infrastructure;\nthe construction or relocation of ancillary works and encroachments and public utility plant within the meaning of the Transport Infrastructure Act 1994 , chapter 6 .\nIn acquiring land under this part, the chief executive must have regard to any relevant provisions of—\nthe transport coordination plan; and\ntransport infrastructure strategies in force under the Transport Infrastructure Act 1994 .\nThe chief executive may have regard to any other matters the chief executive considers relevant.\nThe power to acquire land under this part includes power to acquire land or an easement, including a transport easement for support, or other interest in land above or beneath the surface without acquiring rights in the surface.\nSubsection (6) applies to the acquisition of an easement even though the easement—\nis not attached to, or used and enjoyed with, a dominant tenement; or\nmust not be used and enjoyed in common with any other person.\nFor the Acquisition of Land Act 1967 —\nthe chief executive is a constructing authority within the meaning of that Act; and\nwithout limiting the chief executive’s powers to take land under that Act, the chief executive, as a constructing authority under that Act, may take land for purposes mentioned in subsections (1) , (2) and (3) .\nThe chief executive may, as a constructing authority under the Acquisition of Land Act 1967 , obtain or resume a lease of State land or some other interest in State land that is less than freehold.\nIf the chief executive issues a notice of intention to resume a lease of State land, or some other interest in State land that is less than freehold, the chief executive must file a copy of the notice in the appropriate land register kept under the Land Act 1994 .\nIf the chief executive amends or discontinues a resumption mentioned in subsection (10) , the chief executive must immediately file a notice of the amendment or discontinuance in the register.\nIf an acquisition of land by the chief executive would sever land of the owner from other land of the owner, the chief executive may, with the Minister’s approval, acquire by agreement or resumption the whole or a part of the severed area.\nLand acquired under this part may be described in the instrument acquiring the land in any way sufficient to identify the land.\ns 25 amd 1995 No. 32 s 23 sch ; 2000 No. 40 s 36 ; 1994 No. 8 s 491 (3) sch 5 (amd 2003 No. 54 ss 34 , 39 ); 2004 No. 9 s 71 ; 2008 No. 31 s 68 ; 2014 No. 43 s 111\n(sec.25-ssec.1) The chief executive may, for the State, acquire, hold, dispose of or otherwise deal with property for the purposes of transport, for an incidental purpose, for the purpose of a transport associated development or for a combination of these purposes. See subsections (2) and (2A) if land is to be acquired by resumption.\n(sec.25-ssec.2) The power conferred by subsection (1) includes power to acquire land by resumption in accordance with this part if the land is, in the chief executive’s opinion, required for the purposes of transport, for an incidental purpose, for the purpose of a transport associated development or for a combination of these purposes.\n(sec.25-ssec.2A) If land is acquired by resumption for the purpose of a transport associated development as mentioned in subsection (1) or (2) , at the time of acquisition the land must also be acquired for the purposes of transport or for an incidental purpose.\n(sec.25-ssec.3) Without limiting subsection (1) or (2) , the chief executive may, for the State, acquire property for any of the following purposes— the facilitation of transport infrastructure; the supply or improvement of facilities for users of transport infrastructure; the amelioration of negative environmental effects associated with transport infrastructure; the construction or relocation of ancillary works and encroachments and public utility plant within the meaning of the Transport Infrastructure Act 1994 , chapter 6 .\n(sec.25-ssec.4) In acquiring land under this part, the chief executive must have regard to any relevant provisions of— the transport coordination plan; and transport infrastructure strategies in force under the Transport Infrastructure Act 1994 .\n(sec.25-ssec.5) The chief executive may have regard to any other matters the chief executive considers relevant.\n(sec.25-ssec.6) The power to acquire land under this part includes power to acquire land or an easement, including a transport easement for support, or other interest in land above or beneath the surface without acquiring rights in the surface.\n(sec.25-ssec.7) Subsection (6) applies to the acquisition of an easement even though the easement— is not attached to, or used and enjoyed with, a dominant tenement; or must not be used and enjoyed in common with any other person.\n(sec.25-ssec.8) For the Acquisition of Land Act 1967 — the chief executive is a constructing authority within the meaning of that Act; and without limiting the chief executive’s powers to take land under that Act, the chief executive, as a constructing authority under that Act, may take land for purposes mentioned in subsections (1) , (2) and (3) .\n(sec.25-ssec.9) The chief executive may, as a constructing authority under the Acquisition of Land Act 1967 , obtain or resume a lease of State land or some other interest in State land that is less than freehold.\n(sec.25-ssec.10) If the chief executive issues a notice of intention to resume a lease of State land, or some other interest in State land that is less than freehold, the chief executive must file a copy of the notice in the appropriate land register kept under the Land Act 1994 .\n(sec.25-ssec.11) If the chief executive amends or discontinues a resumption mentioned in subsection (10) , the chief executive must immediately file a notice of the amendment or discontinuance in the register.\n(sec.25-ssec.12) If an acquisition of land by the chief executive would sever land of the owner from other land of the owner, the chief executive may, with the Minister’s approval, acquire by agreement or resumption the whole or a part of the severed area.\n(sec.25-ssec.13) Land acquired under this part may be described in the instrument acquiring the land in any way sufficient to identify the land.\n- (a) the facilitation of transport infrastructure;\n- (b) the supply or improvement of facilities for users of transport infrastructure;\n- (c) the amelioration of negative environmental effects associated with transport infrastructure;\n- (d) the construction or relocation of ancillary works and encroachments and public utility plant within the meaning of the Transport Infrastructure Act 1994 , chapter 6 .\n- (a) the transport coordination plan; and\n- (b) transport infrastructure strategies in force under the Transport Infrastructure Act 1994 .\n- (a) is not attached to, or used and enjoyed with, a dominant tenement; or\n- (b) must not be used and enjoyed in common with any other person.\n- (a) the chief executive is a constructing authority within the meaning of that Act; and\n- (b) without limiting the chief executive’s powers to take land under that Act, the chief executive, as a constructing authority under that Act, may take land for purposes mentioned in subsections (1) , (2) and (3) .","sortOrder":37},{"sectionNumber":"sec.26","sectionType":"section","heading":"Taking of land by the chief executive for future transport purposes","content":"### sec.26 Taking of land by the chief executive for future transport purposes\n\nAn acquisition of land that will be required at some future time for a purpose for which land may be taken under this Act by the chief executive is an acquisition of land for the purposes of this Act even if the time when the land will be required is indefinite or presently can not be worked out.","sortOrder":38},{"sectionNumber":"sec.26A","sectionType":"section","heading":"Changing requirement for transport land","content":"### sec.26A Changing requirement for transport land\n\nThis section applies to transport land taken under the Acquisition of Land Act 1967 for a particular transport purpose.\nThe Minister may, by gazette notice under this Act, declare that the land is required for another stated transport purpose.\nThe land is taken to have been acquired for the other transport purpose from the day the declaration is published in the gazette.\nThe Acquisition of Land Act 1967 , section 41 does not apply to the land because of the change of purpose.\nThis section does not affect any right of a person to compensation because of the acquisition.\nTo remove doubt, it is declared that a declaration under subsection (2) —\nis not an acquisition of the land; and\ndoes not give a right to compensation.\ns 26A ins 2000 No. 40 s 37\n(sec.26A-ssec.1) This section applies to transport land taken under the Acquisition of Land Act 1967 for a particular transport purpose.\n(sec.26A-ssec.2) The Minister may, by gazette notice under this Act, declare that the land is required for another stated transport purpose.\n(sec.26A-ssec.3) The land is taken to have been acquired for the other transport purpose from the day the declaration is published in the gazette.\n(sec.26A-ssec.4) The Acquisition of Land Act 1967 , section 41 does not apply to the land because of the change of purpose.\n(sec.26A-ssec.5) This section does not affect any right of a person to compensation because of the acquisition.\n(sec.26A-ssec.6) To remove doubt, it is declared that a declaration under subsection (2) — is not an acquisition of the land; and does not give a right to compensation.\n- (a) is not an acquisition of the land; and\n- (b) does not give a right to compensation.","sortOrder":39},{"sectionNumber":"sec.27","sectionType":"section","heading":"Power of chief executive to lease, sell or otherwise dispose of land for transport purpose","content":"### sec.27 Power of chief executive to lease, sell or otherwise dispose of land for transport purpose\n\nThe chief executive may, for the State, lease, sell or otherwise dispose of transport land—\nif the land is for busway transport infrastructure or bus passenger services—to any person for busway transport infrastructure or bus passenger services; or\nif the land is for franchised road or toll road purposes—to any person for franchised road or toll road purposes; or\nif the land is for light rail transport infrastructure or light rail passenger services—to any person for light rail transport infrastructure or light rail passenger services; or\nif the land is for a combination of purposes ( combined purposes ) including the purpose of a transport associated development ( relevant purpose )—to any person for a relevant purpose, whether or not the person is going to deal with the land for any other purpose included in the combined purposes; or\nif the land is for a transport purpose other than a purpose mentioned in paragraph (a) , (aa) , (b) or (ba) —to a transport government entity or railway manager under the Transport Infrastructure Act 1994 .\nSubsection (1) applies despite the Acquisition of Land Act 1967 .\nSubsection (1) would operate, for example, despite any implication in the Acquisition of Land Act 1967 that the chief executive must carry out the development for which land is acquired and despite the requirements of section 41 of that Act.\nTo remove any doubt, it is declared that the power of the chief executive to acquire land by resumption or otherwise under this part applies even if the acquisition is carried out with the intention of disposing of land—\nunder subsection (1) ; or\nas mentioned in subsection (1) (aa) , (b) or (c) under the Transport Infrastructure Act 1994 , section 84C , 240 or 355 .\nSubsection (3) does not limit the power to acquire land under this part.\ns 27 prev s 27 ins 1995 No. 48 s 8\nom 15 December 1995 RA s 37\npres s 27 amd 1994 No. 32 s 14 sch 1\nsub 1995 No. 32 s 23 sch\namd 2000 No. 40 s 38 ; 2007 No. 43 s 90 ; 2008 No. 31 s 69 ; 2010 No. 13 s 136 sch pt 1 ; 2011 No. 12 s 118 ; 2013 No. 19 s 120 sch 1\n(sec.27-ssec.1) The chief executive may, for the State, lease, sell or otherwise dispose of transport land— if the land is for busway transport infrastructure or bus passenger services—to any person for busway transport infrastructure or bus passenger services; or if the land is for franchised road or toll road purposes—to any person for franchised road or toll road purposes; or if the land is for light rail transport infrastructure or light rail passenger services—to any person for light rail transport infrastructure or light rail passenger services; or if the land is for a combination of purposes ( combined purposes ) including the purpose of a transport associated development ( relevant purpose )—to any person for a relevant purpose, whether or not the person is going to deal with the land for any other purpose included in the combined purposes; or if the land is for a transport purpose other than a purpose mentioned in paragraph (a) , (aa) , (b) or (ba) —to a transport government entity or railway manager under the Transport Infrastructure Act 1994 .\n(sec.27-ssec.2) Subsection (1) applies despite the Acquisition of Land Act 1967 . Subsection (1) would operate, for example, despite any implication in the Acquisition of Land Act 1967 that the chief executive must carry out the development for which land is acquired and despite the requirements of section 41 of that Act.\n(sec.27-ssec.3) To remove any doubt, it is declared that the power of the chief executive to acquire land by resumption or otherwise under this part applies even if the acquisition is carried out with the intention of disposing of land— under subsection (1) ; or as mentioned in subsection (1) (aa) , (b) or (c) under the Transport Infrastructure Act 1994 , section 84C , 240 or 355 .\n(sec.27-ssec.4) Subsection (3) does not limit the power to acquire land under this part.\n- (a) if the land is for busway transport infrastructure or bus passenger services—to any person for busway transport infrastructure or bus passenger services; or\n- (aa) if the land is for franchised road or toll road purposes—to any person for franchised road or toll road purposes; or\n- (b) if the land is for light rail transport infrastructure or light rail passenger services—to any person for light rail transport infrastructure or light rail passenger services; or\n- (ba) if the land is for a combination of purposes ( combined purposes ) including the purpose of a transport associated development ( relevant purpose )—to any person for a relevant purpose, whether or not the person is going to deal with the land for any other purpose included in the combined purposes; or\n- (c) if the land is for a transport purpose other than a purpose mentioned in paragraph (a) , (aa) , (b) or (ba) —to a transport government entity or railway manager under the Transport Infrastructure Act 1994 .\n- (a) under subsection (1) ; or\n- (b) as mentioned in subsection (1) (aa) , (b) or (c) under the Transport Infrastructure Act 1994 , section 84C , 240 or 355 .","sortOrder":40},{"sectionNumber":"sec.27A","sectionType":"section","heading":"Power of chief executive to dispose of land","content":"### sec.27A Power of chief executive to dispose of land\n\nThis section applies if—\nland has been acquired under this part, and is no longer required by the chief executive as the constructing authority, under the Acquisition of Land Act 1967 ; and\nthe chief executive intends to offer the land to the former owner.\nAlso, this section applies despite the Acquisition of Land Act 1967 , section 41 .\nThe chief executive may take an easement over all or part of the land to ensure the structural and operational integrity of transport infrastructure.\nThe chief executive must, within 7 years after the date of acquisition, give notice of the chief executive’s intention (the chief executive’s notice ) to offer the land to the former owner.\nThe chief executive’s notice must—\nbe in writing; and\nstate that—\nthe chief executive intends to sell the land; and\nif the chief executive has registered an easement—the easement has been registered and the nature and terms of the easement; and\nthe former owner must, within 28 days after the notice is given (the relevant time ), give written notice to the chief executive (the former owner’s notice ) about whether the former owner is interested in buying the land; and\nif the chief executive does not receive the former owner’s notice within the relevant time, the formal offer lapses and the chief executive may dispose of the land subject to any easement.\nSubsection (8) applies if the chief executive—\nreceives, within the relevant time, the former owner’s notice stating the former owner is not interested in buying the land; or\ndoes not receive the former owner’s notice within the relevant time.\nThe chief executive may, for the State, dispose of the land subject to any easement in favour of the chief executive.\nSubsection (10) applies if the chief executive receives, within the relevant time, the former owner’s notice stating the former owner is interested in buying the land.\nThe chief executive must offer (the formal offer ) the land, subject to any easement, for sale to the former owner at a price (the sale price ) decided by the chief executive.\nThe formal offer must be in writing.\nIn deciding the price at the which the land may be sold under subsection (8) or the sale price, the chief executive must take into account—\na valuation by a registered valuer; and\nthe policies and systems relating to the management of government assets; and\nthe existence of any easement.\nA person contracting or otherwise dealing with the chief executive is not concerned to inquire whether the requirements of this section have been complied with, and the title of the person to land acquired from the chief executive is not affected by a failure to comply with the requirements.\nIn this section—\nformer owner see the Acquisition of Land Act 1967 , section 41 (2) .\nregistered valuer means a valuer registered under the Valuers Registration Act 1992 .\ns 27A ins 2010 No. 19 s 274\namd 2010 No. 39 s 325 sch 1 pt 2\nsub 2011 No. 12 s 119\namd 2014 No. 43 s 112\n(sec.27A-ssec.1) This section applies if— land has been acquired under this part, and is no longer required by the chief executive as the constructing authority, under the Acquisition of Land Act 1967 ; and the chief executive intends to offer the land to the former owner.\n(sec.27A-ssec.2) Also, this section applies despite the Acquisition of Land Act 1967 , section 41 .\n(sec.27A-ssec.3) The chief executive may take an easement over all or part of the land to ensure the structural and operational integrity of transport infrastructure.\n(sec.27A-ssec.5) The chief executive must, within 7 years after the date of acquisition, give notice of the chief executive’s intention (the chief executive’s notice ) to offer the land to the former owner.\n(sec.27A-ssec.6) The chief executive’s notice must— be in writing; and state that— the chief executive intends to sell the land; and if the chief executive has registered an easement—the easement has been registered and the nature and terms of the easement; and the former owner must, within 28 days after the notice is given (the relevant time ), give written notice to the chief executive (the former owner’s notice ) about whether the former owner is interested in buying the land; and if the chief executive does not receive the former owner’s notice within the relevant time, the formal offer lapses and the chief executive may dispose of the land subject to any easement.\n(sec.27A-ssec.7) Subsection (8) applies if the chief executive— receives, within the relevant time, the former owner’s notice stating the former owner is not interested in buying the land; or does not receive the former owner’s notice within the relevant time.\n(sec.27A-ssec.8) The chief executive may, for the State, dispose of the land subject to any easement in favour of the chief executive.\n(sec.27A-ssec.9) Subsection (10) applies if the chief executive receives, within the relevant time, the former owner’s notice stating the former owner is interested in buying the land.\n(sec.27A-ssec.10) The chief executive must offer (the formal offer ) the land, subject to any easement, for sale to the former owner at a price (the sale price ) decided by the chief executive.\n(sec.27A-ssec.11) The formal offer must be in writing.\n(sec.27A-ssec.12) In deciding the price at the which the land may be sold under subsection (8) or the sale price, the chief executive must take into account— a valuation by a registered valuer; and the policies and systems relating to the management of government assets; and the existence of any easement.\n(sec.27A-ssec.13) A person contracting or otherwise dealing with the chief executive is not concerned to inquire whether the requirements of this section have been complied with, and the title of the person to land acquired from the chief executive is not affected by a failure to comply with the requirements.\n(sec.27A-ssec.14) In this section— former owner see the Acquisition of Land Act 1967 , section 41 (2) . registered valuer means a valuer registered under the Valuers Registration Act 1992 .\n- (a) land has been acquired under this part, and is no longer required by the chief executive as the constructing authority, under the Acquisition of Land Act 1967 ; and\n- (b) the chief executive intends to offer the land to the former owner.\n- (a) be in writing; and\n- (b) state that— (i) the chief executive intends to sell the land; and (ii) if the chief executive has registered an easement—the easement has been registered and the nature and terms of the easement; and (iii) the former owner must, within 28 days after the notice is given (the relevant time ), give written notice to the chief executive (the former owner’s notice ) about whether the former owner is interested in buying the land; and (iv) if the chief executive does not receive the former owner’s notice within the relevant time, the formal offer lapses and the chief executive may dispose of the land subject to any easement.\n- (i) the chief executive intends to sell the land; and\n- (ii) if the chief executive has registered an easement—the easement has been registered and the nature and terms of the easement; and\n- (iii) the former owner must, within 28 days after the notice is given (the relevant time ), give written notice to the chief executive (the former owner’s notice ) about whether the former owner is interested in buying the land; and\n- (iv) if the chief executive does not receive the former owner’s notice within the relevant time, the formal offer lapses and the chief executive may dispose of the land subject to any easement.\n- (i) the chief executive intends to sell the land; and\n- (ii) if the chief executive has registered an easement—the easement has been registered and the nature and terms of the easement; and\n- (iii) the former owner must, within 28 days after the notice is given (the relevant time ), give written notice to the chief executive (the former owner’s notice ) about whether the former owner is interested in buying the land; and\n- (iv) if the chief executive does not receive the former owner’s notice within the relevant time, the formal offer lapses and the chief executive may dispose of the land subject to any easement.\n- (a) receives, within the relevant time, the former owner’s notice stating the former owner is not interested in buying the land; or\n- (b) does not receive the former owner’s notice within the relevant time.\n- (a) a valuation by a registered valuer; and\n- (b) the policies and systems relating to the management of government assets; and\n- (c) the existence of any easement.","sortOrder":41},{"sectionNumber":"sec.28","sectionType":"section","heading":"Value of particular works does not affect compensation payable","content":"### sec.28 Value of particular works does not affect compensation payable\n\nThis section applies—\nfor deciding the amount of compensation payable to a person for land resumed under this part; and\ndespite the Acquisition of Land Act 1967 , section 20 (2) .\nThe value of works carried out on the land after a notice of intention to resume the land has been sent to a person entitled to compensation for the land, or after agreement to acquire has been reached, must be disregarded.\ns 28 sub 2010 No. 19 s 275 ; 2017 No. 25 s 88\n(sec.28-ssec.1) This section applies— for deciding the amount of compensation payable to a person for land resumed under this part; and despite the Acquisition of Land Act 1967 , section 20 (2) .\n(sec.28-ssec.2) The value of works carried out on the land after a notice of intention to resume the land has been sent to a person entitled to compensation for the land, or after agreement to acquire has been reached, must be disregarded.\n- (a) for deciding the amount of compensation payable to a person for land resumed under this part; and\n- (b) despite the Acquisition of Land Act 1967 , section 20 (2) .","sortOrder":42},{"sectionNumber":"sec.28AA","sectionType":"section","heading":null,"content":"### Section sec.28AA\n\ns 28AA ins 2008 No. 31 s 70\namd 2010 No. 19 s 276\nom 2017 No. 25 s 89","sortOrder":43},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Transport easement for support","content":"## Transport easement for support","sortOrder":44},{"sectionNumber":"sec.28AB","sectionType":"section","heading":"Definitions for div 2","content":"### sec.28AB Definitions for div 2\n\nIn this division—\nbenefited land see section 28AE (1) .\nburdened land see section 28AE (1) .\noriginal owner , for benefited land or burdened land for a transport easement for support, means the owner of the land when the easement was created.\nowner , of land, means—\nfor freehold land—the registered owner or lessee of the land; or\nfor non-freehold land—\nthe lessee or licensee of the land; or\nif the land is a reserve or unallocated State land—the State.\nregistered means registered under the Land Act 1994 or Land Title Act 1994 .\ntransport easement for support see section 28AC .\ntransport infrastructure has the meaning given in the Transport Infrastructure Act 1994 , schedule 6 .\nunallocated State land means unallocated State land under the Land Act 1994 .\ns 28AB ins 2014 No. 43 s 113\n- (a) for freehold land—the registered owner or lessee of the land; or\n- (b) for non-freehold land— (i) the lessee or licensee of the land; or (ii) if the land is a reserve or unallocated State land—the State.\n- (i) the lessee or licensee of the land; or\n- (ii) if the land is a reserve or unallocated State land—the State.\n- (i) the lessee or licensee of the land; or\n- (ii) if the land is a reserve or unallocated State land—the State.","sortOrder":45},{"sectionNumber":"sec.28AC","sectionType":"section","heading":"Meaning of transport easement for support","content":"### sec.28AC Meaning of transport easement for support\n\nA transport easement for support is an easement created for the purpose of support.\nA transport easement for support may be created only—\nin relation to adjoining lots; and\nif the benefited land is transport land.\nA document or instrument of easement for a transport easement for support must state that the easement is created for the purpose of support.\nThe approval of the Minister administering the Land Act 1994 is not required for—\nthe creation of a transport easement for support under section 362 (1) of that Act; or\nthe registration of a document creating a transport easement for support under section 363 (1) of that Act.\nIn this section—\nadjoining lot , for a transport easement for support, includes a lot ( contiguous lot ) adjoining the adjoining lot for the easement, if the contiguous lot is needed for support.\ntransport land includes land—\nproposed to be acquired for transport purposes or for an incidental purpose; and\nused, or proposed to be used, for transport purposes or for an incidental purpose.\ns 28AC ins 2014 No. 43 s 113\n(sec.28AC-ssec.1) A transport easement for support is an easement created for the purpose of support.\n(sec.28AC-ssec.2) A transport easement for support may be created only— in relation to adjoining lots; and if the benefited land is transport land.\n(sec.28AC-ssec.3) A document or instrument of easement for a transport easement for support must state that the easement is created for the purpose of support.\n(sec.28AC-ssec.4) The approval of the Minister administering the Land Act 1994 is not required for— the creation of a transport easement for support under section 362 (1) of that Act; or the registration of a document creating a transport easement for support under section 363 (1) of that Act.\n(sec.28AC-ssec.5) In this section— adjoining lot , for a transport easement for support, includes a lot ( contiguous lot ) adjoining the adjoining lot for the easement, if the contiguous lot is needed for support. transport land includes land— proposed to be acquired for transport purposes or for an incidental purpose; and used, or proposed to be used, for transport purposes or for an incidental purpose.\n- (a) in relation to adjoining lots; and\n- (b) if the benefited land is transport land.\n- (a) the creation of a transport easement for support under section 362 (1) of that Act; or\n- (b) the registration of a document creating a transport easement for support under section 363 (1) of that Act.\n- (a) proposed to be acquired for transport purposes or for an incidental purpose; and\n- (b) used, or proposed to be used, for transport purposes or for an incidental purpose.","sortOrder":46},{"sectionNumber":"sec.28AD","sectionType":"section","heading":"Application of div 2","content":"### sec.28AD Application of div 2\n\nThis division applies to a registered easement that is a transport easement for support.\nA provision of an Act that provides for the creation, recording or taking of an easement applies to a transport easement for support to the extent the provision is not varied under this division.\nIn this section—\nAct includes the Acquisition of Land Act 1967 , Land Act 1994 and Land Title Act 1994 .\ns 28AD ins 2014 No. 43 s 113\n(sec.28AD-ssec.1) This division applies to a registered easement that is a transport easement for support.\n(sec.28AD-ssec.2) A provision of an Act that provides for the creation, recording or taking of an easement applies to a transport easement for support to the extent the provision is not varied under this division.\n(sec.28AD-ssec.3) In this section— Act includes the Acquisition of Land Act 1967 , Land Act 1994 and Land Title Act 1994 .","sortOrder":47},{"sectionNumber":"sec.28AE","sectionType":"section","heading":"Rights and liabilities relating to benefited land and burdened land","content":"### sec.28AE Rights and liabilities relating to benefited land and burdened land\n\nAn easement for lateral, subjacent or superjacent support exists in favour of land (the benefited land ) against other land (the burdened land ) if the burdened land is capable of supplying lateral, subjacent or superjacent support to the benefited land.\nThe easement entitles the owner of the benefited land to enter the burdened land, other than a part of the land where a person resides, for the easement—\nto inspect the burdened land for the purpose of preventing or rectifying any infringement of the rights of the owner of the benefited land; and\nto maintain, change or replace all or part of a structure providing support.\nAn owner of the burdened land—\nmust do all things necessary to ensure that support for the benefited land by the burdened land is maintained; and\nmust not, without the written consent of the owner of the benefited land—\nremove, or allow another person to remove, support for the benefited land, other than as required under paragraph (a) ; or\nchange, or allow another person to change, support for the benefited land, other than as required under paragraph (a) ; or\ndo, or allow another person to do, anything that interferes with, or otherwise compromises, support for or the structural integrity of the benefited land, other than as required under paragraph (a) .\nIf the owner of the burdened land does not comply with subsection (3) (a) or (b) , the owner of the benefited land may recover the cost of maintaining or replacing any support from the owner of the benefited land as a debt payable to the owner of the benefited land.\nIn a proceeding, subsection (3) is to be read in favour of the owner of the benefited land.\ns 28AE ins 2014 No. 43 s 113\n(sec.28AE-ssec.1) An easement for lateral, subjacent or superjacent support exists in favour of land (the benefited land ) against other land (the burdened land ) if the burdened land is capable of supplying lateral, subjacent or superjacent support to the benefited land.\n(sec.28AE-ssec.2) The easement entitles the owner of the benefited land to enter the burdened land, other than a part of the land where a person resides, for the easement— to inspect the burdened land for the purpose of preventing or rectifying any infringement of the rights of the owner of the benefited land; and to maintain, change or replace all or part of a structure providing support.\n(sec.28AE-ssec.3) An owner of the burdened land— must do all things necessary to ensure that support for the benefited land by the burdened land is maintained; and must not, without the written consent of the owner of the benefited land— remove, or allow another person to remove, support for the benefited land, other than as required under paragraph (a) ; or change, or allow another person to change, support for the benefited land, other than as required under paragraph (a) ; or do, or allow another person to do, anything that interferes with, or otherwise compromises, support for or the structural integrity of the benefited land, other than as required under paragraph (a) .\n(sec.28AE-ssec.4) If the owner of the burdened land does not comply with subsection (3) (a) or (b) , the owner of the benefited land may recover the cost of maintaining or replacing any support from the owner of the benefited land as a debt payable to the owner of the benefited land.\n(sec.28AE-ssec.5) In a proceeding, subsection (3) is to be read in favour of the owner of the benefited land.\n- (a) to inspect the burdened land for the purpose of preventing or rectifying any infringement of the rights of the owner of the benefited land; and\n- (b) to maintain, change or replace all or part of a structure providing support.\n- (a) must do all things necessary to ensure that support for the benefited land by the burdened land is maintained; and\n- (b) must not, without the written consent of the owner of the benefited land— (i) remove, or allow another person to remove, support for the benefited land, other than as required under paragraph (a) ; or (ii) change, or allow another person to change, support for the benefited land, other than as required under paragraph (a) ; or (iii) do, or allow another person to do, anything that interferes with, or otherwise compromises, support for or the structural integrity of the benefited land, other than as required under paragraph (a) .\n- (i) remove, or allow another person to remove, support for the benefited land, other than as required under paragraph (a) ; or\n- (ii) change, or allow another person to change, support for the benefited land, other than as required under paragraph (a) ; or\n- (iii) do, or allow another person to do, anything that interferes with, or otherwise compromises, support for or the structural integrity of the benefited land, other than as required under paragraph (a) .\n- (i) remove, or allow another person to remove, support for the benefited land, other than as required under paragraph (a) ; or\n- (ii) change, or allow another person to change, support for the benefited land, other than as required under paragraph (a) ; or\n- (iii) do, or allow another person to do, anything that interferes with, or otherwise compromises, support for or the structural integrity of the benefited land, other than as required under paragraph (a) .","sortOrder":48},{"sectionNumber":"sec.28AF","sectionType":"section","heading":"Notice of entry","content":"### sec.28AF Notice of entry\n\nThis section applies if the owner of benefited land is entitled to enter the burdened land under section 28AE .\nBefore exercising the right of entry, the owner of the benefited land must give the owner of the burdened land reasonable notice in writing of—\nthe owner’s intention to enter the burdened land; and\ndetails of the inspection or the maintenance, change or replacement to be carried out.\nHowever, if in the circumstances, urgent maintenance, change or replacement is required (because the structure has been destroyed, for example) and it is impractical to give a notice under subsection (2) —\nthe owner of the benefited land may exercise the right of entry without giving the notice to carry out the urgent maintenance or replacement; and\nas soon as practicable after the entry, the owner of the benefited land must give the owner of the burdened land written notice of the entry and details of the maintenance or replacement carried out.\ns 28AF ins 2014 No. 43 s 113\n(sec.28AF-ssec.1) This section applies if the owner of benefited land is entitled to enter the burdened land under section 28AE .\n(sec.28AF-ssec.2) Before exercising the right of entry, the owner of the benefited land must give the owner of the burdened land reasonable notice in writing of— the owner’s intention to enter the burdened land; and details of the inspection or the maintenance, change or replacement to be carried out.\n(sec.28AF-ssec.3) However, if in the circumstances, urgent maintenance, change or replacement is required (because the structure has been destroyed, for example) and it is impractical to give a notice under subsection (2) — the owner of the benefited land may exercise the right of entry without giving the notice to carry out the urgent maintenance or replacement; and as soon as practicable after the entry, the owner of the benefited land must give the owner of the burdened land written notice of the entry and details of the maintenance or replacement carried out.\n- (a) the owner’s intention to enter the burdened land; and\n- (b) details of the inspection or the maintenance, change or replacement to be carried out.\n- (a) the owner of the benefited land may exercise the right of entry without giving the notice to carry out the urgent maintenance or replacement; and\n- (b) as soon as practicable after the entry, the owner of the benefited land must give the owner of the burdened land written notice of the entry and details of the maintenance or replacement carried out.","sortOrder":49},{"sectionNumber":"sec.28AG","sectionType":"section","heading":"Continuation of transport easement for support","content":"### sec.28AG Continuation of transport easement for support\n\nA transport easement for support continues over affected land.\nAffected land is land that is benefited, or burdened, by a transport easement for support and—\nis dealt with under the Land Act 1994 or Land Title Act 1994 ; or\nbecomes unallocated State land.\nThe owner of the affected land is taken to be the successor in title of the original owner of the land.\nThe benefit of a transport easement for support passes with the benefited land.\nThe burden of a transport easement for support passes with the burdened land.\nThis section applies to affected land that becomes unallocated State land despite the following—\nsection 28AC (2) (b) ;\nthe Land Act 1994 , section 372 ;\nthe Land Title Act 1994 , section 85 (3) .\nIn this section—\ndealt with means—\nfor land under the Land Act 1994 —\ngranted in fee simple or in fee simple in trust; or\nleased; or\ndedicated as a reserve under an Act; or\nsurrendered as a lease; or\nfor land under the Land Title Act 1994 —reconfigured under that Act.\ns 28AG ins 2014 No. 43 s 113\n(sec.28AG-ssec.1) A transport easement for support continues over affected land.\n(sec.28AG-ssec.2) Affected land is land that is benefited, or burdened, by a transport easement for support and— is dealt with under the Land Act 1994 or Land Title Act 1994 ; or becomes unallocated State land.\n(sec.28AG-ssec.3) The owner of the affected land is taken to be the successor in title of the original owner of the land.\n(sec.28AG-ssec.4) The benefit of a transport easement for support passes with the benefited land.\n(sec.28AG-ssec.5) The burden of a transport easement for support passes with the burdened land.\n(sec.28AG-ssec.6) This section applies to affected land that becomes unallocated State land despite the following— section 28AC (2) (b) ; the Land Act 1994 , section 372 ; the Land Title Act 1994 , section 85 (3) .\n(sec.28AG-ssec.7) In this section— dealt with means— for land under the Land Act 1994 — granted in fee simple or in fee simple in trust; or leased; or dedicated as a reserve under an Act; or surrendered as a lease; or for land under the Land Title Act 1994 —reconfigured under that Act.\n- (a) is dealt with under the Land Act 1994 or Land Title Act 1994 ; or\n- (b) becomes unallocated State land.\n- (a) section 28AC (2) (b) ;\n- (b) the Land Act 1994 , section 372 ;\n- (c) the Land Title Act 1994 , section 85 (3) .\n- (a) for land under the Land Act 1994 — (i) granted in fee simple or in fee simple in trust; or (ii) leased; or (iii) dedicated as a reserve under an Act; or (iv) surrendered as a lease; or\n- (i) granted in fee simple or in fee simple in trust; or\n- (ii) leased; or\n- (iii) dedicated as a reserve under an Act; or\n- (iv) surrendered as a lease; or\n- (b) for land under the Land Title Act 1994 —reconfigured under that Act.\n- (i) granted in fee simple or in fee simple in trust; or\n- (ii) leased; or\n- (iii) dedicated as a reserve under an Act; or\n- (iv) surrendered as a lease; or","sortOrder":50},{"sectionNumber":"sec.28AH","sectionType":"section","heading":"Terms bind successors in title","content":"### sec.28AH Terms bind successors in title\n\nEach term, whether positive or negative, for a transport easement for support—\nis for the benefit of any successors in title of the benefited land; and\nis binding on any successors in title of the burdened land.\nHowever, subsection (1) does not apply to a term expressed to apply only to the original owner of the benefited land or burdened land.\nIn this section—\nterm , for a transport easement for support, means—\na covenant or other term stated in the document or instrument of easement; and\na requirement under section 28E (3) .\ns 28AH ins 2014 No. 43 s 113\n(sec.28AH-ssec.1) Each term, whether positive or negative, for a transport easement for support— is for the benefit of any successors in title of the benefited land; and is binding on any successors in title of the burdened land.\n(sec.28AH-ssec.2) However, subsection (1) does not apply to a term expressed to apply only to the original owner of the benefited land or burdened land.\n(sec.28AH-ssec.3) In this section— term , for a transport easement for support, means— a covenant or other term stated in the document or instrument of easement; and a requirement under section 28E (3) .\n- (a) is for the benefit of any successors in title of the benefited land; and\n- (b) is binding on any successors in title of the burdened land.\n- (a) a covenant or other term stated in the document or instrument of easement; and\n- (b) a requirement under section 28E (3) .","sortOrder":51},{"sectionNumber":"pt.4A","sectionType":"part","heading":"Special provisions for busways","content":"# Special provisions for busways","sortOrder":52},{"sectionNumber":"sec.28A","sectionType":"section","heading":"Definitions for part","content":"### sec.28A Definitions for part\n\nIn this part—\nAcquisition Act means the Acquisition of Land Act 1967 .\nagreement means a resumption agreement under the Acquisition Act , section 15 (1) .\ns 28A def agreement amd 2013 No. 23 s 352 sch 1 pt 1\nbusway means—\na route especially designed and constructed for, and dedicated to, the priority movement of buses for passenger transport purposes; and\nplaces for the taking on and letting off of bus passengers using the route.\ncommencement means the commencement of section 28B .\nconstructing authority , for a land acquisition, means the constructing authority for the land acquisition under the Acquisition Act .\nconstruction contract ...\ns 28A def construction contract om 2017 No. 25 s 90 (2)\nland acquisition means the taking of land under the authority of this Act and the Acquisition Act if, regardless of the particular purpose for the taking of the land, the taking of land is concerned with the construction or proposed construction of a busway.\nnotice of intention to resume means a notice of intention to resume under the Acquisition Act .\ntaking of land means the taking of land under a gazette resumption notice under the Acquisition Act .\ns 28A def taking of land amd 2008 No. 31 s 72 sch\nsub 2013 No. 23 s 352 sch 1 pt 1\ns 28A ins 2000 No. 40 s 39\namd 2017 No. 25 s 90 (1)\n- (a) a route especially designed and constructed for, and dedicated to, the priority movement of buses for passenger transport purposes; and\n- (b) places for the taking on and letting off of bus passengers using the route.","sortOrder":53},{"sectionNumber":"sec.28B","sectionType":"section","heading":"Busway land acquisition","content":"### sec.28B Busway land acquisition\n\nSubsections (2) and (3) apply to a land acquisition that—\nhappened before the commencement; or\nhappens after the commencement if—\nthe notice of intention to resume for the land acquisition was served before the commencement; or\nthe date of the agreement for the land acquisition was earlier than the commencement.\nIt is declared that the validity and effectiveness of the land acquisition was not, and is not, affected by—\nwhether the constructing authority was or is, or purported or purports to be—\nthe chief executive with administrative responsibilities concerning matters connected with transport infrastructure; or\nthe chief executive with administrative responsibilities concerning matters connected with roads; or\nfor the application of the Acquisition Act , part 2 , whether the person assuming the role of relevant Minister was or is the Minister mentioned in the Acquisition Act , section 2 , definition relevant Minister , paragraph (b) or another Minister.\nIt is declared that, despite anything done for the land acquisition, the constructing authority for the acquisition is taken to be, and always to have been, the chief executive with administrative responsibilities concerning matters connected with roads.\ns 28B ins 2000 No. 40 s 39\namd 2007 No. 43 s 91 ; 2008 No. 31 s 72 sch ; 2013 No. 23 s 352 sch 1 pt 1\n(sec.28B-ssec.1) Subsections (2) and (3) apply to a land acquisition that— happened before the commencement; or happens after the commencement if— the notice of intention to resume for the land acquisition was served before the commencement; or the date of the agreement for the land acquisition was earlier than the commencement.\n(sec.28B-ssec.2) It is declared that the validity and effectiveness of the land acquisition was not, and is not, affected by— whether the constructing authority was or is, or purported or purports to be— the chief executive with administrative responsibilities concerning matters connected with transport infrastructure; or the chief executive with administrative responsibilities concerning matters connected with roads; or for the application of the Acquisition Act , part 2 , whether the person assuming the role of relevant Minister was or is the Minister mentioned in the Acquisition Act , section 2 , definition relevant Minister , paragraph (b) or another Minister.\n(sec.28B-ssec.3) It is declared that, despite anything done for the land acquisition, the constructing authority for the acquisition is taken to be, and always to have been, the chief executive with administrative responsibilities concerning matters connected with roads.\n- (a) happened before the commencement; or\n- (b) happens after the commencement if— (i) the notice of intention to resume for the land acquisition was served before the commencement; or (ii) the date of the agreement for the land acquisition was earlier than the commencement.\n- (i) the notice of intention to resume for the land acquisition was served before the commencement; or\n- (ii) the date of the agreement for the land acquisition was earlier than the commencement.\n- (i) the notice of intention to resume for the land acquisition was served before the commencement; or\n- (ii) the date of the agreement for the land acquisition was earlier than the commencement.\n- (a) whether the constructing authority was or is, or purported or purports to be— (i) the chief executive with administrative responsibilities concerning matters connected with transport infrastructure; or (ii) the chief executive with administrative responsibilities concerning matters connected with roads; or\n- (i) the chief executive with administrative responsibilities concerning matters connected with transport infrastructure; or\n- (ii) the chief executive with administrative responsibilities concerning matters connected with roads; or\n- (b) for the application of the Acquisition Act , part 2 , whether the person assuming the role of relevant Minister was or is the Minister mentioned in the Acquisition Act , section 2 , definition relevant Minister , paragraph (b) or another Minister.\n- (i) the chief executive with administrative responsibilities concerning matters connected with transport infrastructure; or\n- (ii) the chief executive with administrative responsibilities concerning matters connected with roads; or","sortOrder":54},{"sectionNumber":"sec.28BA","sectionType":"section","heading":"Further provisions relating to land acquisitions for busways on or after 13 October 2000","content":"### sec.28BA Further provisions relating to land acquisitions for busways on or after 13 October 2000\n\nThis section applies to a land acquisition that—\nhappened on or after 13 October 2000 and before the relevant date; or\nhappens after the relevant date if—\nthe notice of intention to resume for the land acquisition was served on or after 13 October 2000 and before the relevant date; or\nthe date of the agreement for the land acquisition was on or after 13 October 2000 and earlier than the relevant date.\nIt is declared that the validity and effectiveness of the land acquisition was not, and is not, affected by—\nwhether the constructing authority was or is, or purported or purports to be—\nthe chief executive with administrative responsibilities concerning matters connected with transport infrastructure; or\nthe chief executive with administrative responsibilities concerning matters connected with roads; or\nfor the application of the Acquisition Act , section 9 or 15 —whether the person assuming the role of Minister was or is the Minister mentioned in the Acquisition Act , section 9 (1) , definition Minister , paragraph (b) or another Minister.\nIt is declared that, despite anything done for the land acquisition, the constructing authority for the acquisition is taken to be, and always to have been, the chief executive with administrative responsibilities concerning matters connected with roads.\nIn this section—\nrelevant date means the date of the commencement of this section.\ns 28BA ins 2007 No. 43 s 92\n(sec.28BA-ssec.1) This section applies to a land acquisition that— happened on or after 13 October 2000 and before the relevant date; or happens after the relevant date if— the notice of intention to resume for the land acquisition was served on or after 13 October 2000 and before the relevant date; or the date of the agreement for the land acquisition was on or after 13 October 2000 and earlier than the relevant date.\n(sec.28BA-ssec.2) It is declared that the validity and effectiveness of the land acquisition was not, and is not, affected by— whether the constructing authority was or is, or purported or purports to be— the chief executive with administrative responsibilities concerning matters connected with transport infrastructure; or the chief executive with administrative responsibilities concerning matters connected with roads; or for the application of the Acquisition Act , section 9 or 15 —whether the person assuming the role of Minister was or is the Minister mentioned in the Acquisition Act , section 9 (1) , definition Minister , paragraph (b) or another Minister.\n(sec.28BA-ssec.3) It is declared that, despite anything done for the land acquisition, the constructing authority for the acquisition is taken to be, and always to have been, the chief executive with administrative responsibilities concerning matters connected with roads.\n(sec.28BA-ssec.4) In this section— relevant date means the date of the commencement of this section.\n- (a) happened on or after 13 October 2000 and before the relevant date; or\n- (b) happens after the relevant date if— (i) the notice of intention to resume for the land acquisition was served on or after 13 October 2000 and before the relevant date; or (ii) the date of the agreement for the land acquisition was on or after 13 October 2000 and earlier than the relevant date.\n- (i) the notice of intention to resume for the land acquisition was served on or after 13 October 2000 and before the relevant date; or\n- (ii) the date of the agreement for the land acquisition was on or after 13 October 2000 and earlier than the relevant date.\n- (i) the notice of intention to resume for the land acquisition was served on or after 13 October 2000 and before the relevant date; or\n- (ii) the date of the agreement for the land acquisition was on or after 13 October 2000 and earlier than the relevant date.\n- (a) whether the constructing authority was or is, or purported or purports to be— (i) the chief executive with administrative responsibilities concerning matters connected with transport infrastructure; or (ii) the chief executive with administrative responsibilities concerning matters connected with roads; or\n- (i) the chief executive with administrative responsibilities concerning matters connected with transport infrastructure; or\n- (ii) the chief executive with administrative responsibilities concerning matters connected with roads; or\n- (b) for the application of the Acquisition Act , section 9 or 15 —whether the person assuming the role of Minister was or is the Minister mentioned in the Acquisition Act , section 9 (1) , definition Minister , paragraph (b) or another Minister.\n- (i) the chief executive with administrative responsibilities concerning matters connected with transport infrastructure; or\n- (ii) the chief executive with administrative responsibilities concerning matters connected with roads; or","sortOrder":55},{"sectionNumber":"sec.28C","sectionType":"section","heading":"Construction contracts","content":"### sec.28C Construction contracts\n\nIt is declared that the validity and effectiveness of a construction contract entered into before or after the commencement was not, and is not, affected by whether the entity entering into the contract for the State was or is—\nthe chief executive with administrative responsibilities concerning matters connected with transport infrastructure; or\nthe chief executive with administrative responsibilities concerning matters connected with roads.\nIn this section—\nconstruction contract means a contract concerning the construction of a busway.\ns 28C ins 2000 No. 40 s 39\namd 2017 No. 25 s 91\n(sec.28C-ssec.1) It is declared that the validity and effectiveness of a construction contract entered into before or after the commencement was not, and is not, affected by whether the entity entering into the contract for the State was or is— the chief executive with administrative responsibilities concerning matters connected with transport infrastructure; or the chief executive with administrative responsibilities concerning matters connected with roads.\n(sec.28C-ssec.2) In this section— construction contract means a contract concerning the construction of a busway.\n- (a) the chief executive with administrative responsibilities concerning matters connected with transport infrastructure; or\n- (b) the chief executive with administrative responsibilities concerning matters connected with roads.","sortOrder":56},{"sectionNumber":"pt.4B","sectionType":"part","heading":"Special provision for local government tollways","content":"# Special provision for local government tollways","sortOrder":57},{"sectionNumber":"sec.28D","sectionType":"section","heading":"Powers regarding property","content":"### sec.28D Powers regarding property\n\nA local government may acquire, hold, dispose of or otherwise deal with land for—\nan approved tollway project under the Transport Infrastructure Act 1994 ; or\na local government tollway under the Transport Infrastructure Act 1994 .\nWithout limiting subsection (1) , a local government may—\nacquire land for an approved tollway project or local government tollway with the intention of disposing of it to another person to operate as a tollway; and\ndispose of land acquired by the local government for an approved tollway project or local government tollway to another person.\nThe power conferred by subsection (1) includes power to acquire land by taking it under the Acquisition of Land Act 1967 if the land is, in the local government’s opinion, required for an approved tollway project or local government tollway, or for an incidental purpose.\nThe power to acquire land under this section includes power to acquire land or an easement or other interest in land above or beneath the surface without acquiring rights in the surface.\nSubsection (4) applies to the acquisition of an easement even though the easement—\nis not attached to, or used and enjoyed with, a dominant tenement; or\nmust not be used and enjoyed in common with any other person.\nA local government acquiring land under this section is a constructing authority within the meaning of the Acquisition of Land Act 1967 .\nIf an acquisition of land by a local government would sever land of the owner from other land of the owner, the local government may acquire the whole or a part of the severed area by agreement or by taking the land under the Acquisition of Land Act 1967 .\nLand acquired under this section may be described in the instrument acquiring the land in any way sufficient to identify the land.\ns 28D ins 2005 No. 67 s 42\namd 2006 No. 21 s 148 ((3) amdt given effect, minor error in location command)\n(sec.28D-ssec.1) A local government may acquire, hold, dispose of or otherwise deal with land for— an approved tollway project under the Transport Infrastructure Act 1994 ; or a local government tollway under the Transport Infrastructure Act 1994 .\n(sec.28D-ssec.2) Without limiting subsection (1) , a local government may— acquire land for an approved tollway project or local government tollway with the intention of disposing of it to another person to operate as a tollway; and dispose of land acquired by the local government for an approved tollway project or local government tollway to another person.\n(sec.28D-ssec.3) The power conferred by subsection (1) includes power to acquire land by taking it under the Acquisition of Land Act 1967 if the land is, in the local government’s opinion, required for an approved tollway project or local government tollway, or for an incidental purpose.\n(sec.28D-ssec.4) The power to acquire land under this section includes power to acquire land or an easement or other interest in land above or beneath the surface without acquiring rights in the surface.\n(sec.28D-ssec.5) Subsection (4) applies to the acquisition of an easement even though the easement— is not attached to, or used and enjoyed with, a dominant tenement; or must not be used and enjoyed in common with any other person.\n(sec.28D-ssec.6) A local government acquiring land under this section is a constructing authority within the meaning of the Acquisition of Land Act 1967 .\n(sec.28D-ssec.7) If an acquisition of land by a local government would sever land of the owner from other land of the owner, the local government may acquire the whole or a part of the severed area by agreement or by taking the land under the Acquisition of Land Act 1967 .\n(sec.28D-ssec.8) Land acquired under this section may be described in the instrument acquiring the land in any way sufficient to identify the land.\n- (a) an approved tollway project under the Transport Infrastructure Act 1994 ; or\n- (b) a local government tollway under the Transport Infrastructure Act 1994 .\n- (a) acquire land for an approved tollway project or local government tollway with the intention of disposing of it to another person to operate as a tollway; and\n- (b) dispose of land acquired by the local government for an approved tollway project or local government tollway to another person.\n- (a) is not attached to, or used and enjoyed with, a dominant tenement; or\n- (b) must not be used and enjoyed in common with any other person.","sortOrder":58},{"sectionNumber":"sec.28DA","sectionType":"section","heading":"Approved tollway project becomes local government tollway","content":"### sec.28DA Approved tollway project becomes local government tollway\n\nThis section applies if—\na local government has started acquiring land for an approved tollway project as mentioned in section 28D ; and\nbefore the acquisition is complete, a local government tollway is declared for the approved tollway project.\nThe acquisition is not affected by the declaration of the local government tollway and the local government may continue the acquisition as if the declaration had not been made.\ns 28DA ins 2006 No. 21 s 149\n(sec.28DA-ssec.1) This section applies if— a local government has started acquiring land for an approved tollway project as mentioned in section 28D ; and before the acquisition is complete, a local government tollway is declared for the approved tollway project.\n(sec.28DA-ssec.2) The acquisition is not affected by the declaration of the local government tollway and the local government may continue the acquisition as if the declaration had not been made.\n- (a) a local government has started acquiring land for an approved tollway project as mentioned in section 28D ; and\n- (b) before the acquisition is complete, a local government tollway is declared for the approved tollway project.","sortOrder":59},{"sectionNumber":"pt.4C","sectionType":"part","heading":"Biometric data and other information for prescribed authorities","content":"# Biometric data and other information for prescribed authorities","sortOrder":60},{"sectionNumber":"pt.4C-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":61},{"sectionNumber":"sec.28E","sectionType":"section","heading":"Definitions for pt 4C","content":"### sec.28E Definitions for pt 4C\n\nIn this part—\nadministrator means—\nfor the Transport Operations (Marine Safety) Act 1994 —the general manager under the Maritime Safety Queensland Act 2002 or the chief executive; or\nfor a transport Act (other than the Transport Operations (Marine Safety) Act 1994 )—the chief executive; or\nfor a prescribed authorisation Act (other than a transport Act)—the office holder (however described) whose function it is, under the Act , to decide whether to grant a prescribed authority.\ncreation date , of a digital photo or digitised signature, means the day on which the digital photo or digitised signature is taken.\ns 28E def creation date ins 2018 No. 10 s 59 (1)\ngrant includes issue and give.\nmost recent digital photo , of a person, means the most recent digital photo of the person kept under this Act by the chief executive.\nmost recent digitised signature , of a person, means the most recent digitised signature of the person kept under this Act by the chief executive.\nprescribed authorisation Act ...\ns 28E def prescribed authorisation Act om 2018 No. 2 s 22\nprescribed authorisation document means a prescribed authority on which a person’s digital photo is reproduced.\nprescribed authority ...\ns 28E def prescribed authority om 2018 No. 2 s 22\nretention period , for a person’s digital photo or digitised signature, see section 28EH (2) or 28EHA (2) .\ns 28E def retention period amd 2018 No. 10 s 59 (2) ; 2019 No. 25 s 60\nshelf life —\nof a person’s digital photo—means—\nif the person’s digital photo is taken under this Act when the person is 15 years or more—10 years after the creation date of the person’s digital photo; or\nif the person’s digital photo is taken under this Act when the person is under 15 years—5 years after the creation date of the person’s digital photo; or\nof a person’s digitised signature taken under this Act—means 10 years after the creation date of the person’s digitised signature.\ns 28E def shelf life sub 2022 No. 19 s 51\ntake , a digital photo and digitised signature of a person, includes obtain.\ns 28E ins 2015 No. 14 s 43\n- (a) for the Transport Operations (Marine Safety) Act 1994 —the general manager under the Maritime Safety Queensland Act 2002 or the chief executive; or\n- (b) for a transport Act (other than the Transport Operations (Marine Safety) Act 1994 )—the chief executive; or\n- (c) for a prescribed authorisation Act (other than a transport Act)—the office holder (however described) whose function it is, under the Act , to decide whether to grant a prescribed authority.\n- (a) of a person’s digital photo—means— (i) if the person’s digital photo is taken under this Act when the person is 15 years or more—10 years after the creation date of the person’s digital photo; or (ii) if the person’s digital photo is taken under this Act when the person is under 15 years—5 years after the creation date of the person’s digital photo; or\n- (i) if the person’s digital photo is taken under this Act when the person is 15 years or more—10 years after the creation date of the person’s digital photo; or\n- (ii) if the person’s digital photo is taken under this Act when the person is under 15 years—5 years after the creation date of the person’s digital photo; or\n- (b) of a person’s digitised signature taken under this Act—means 10 years after the creation date of the person’s digitised signature.\n- (i) if the person’s digital photo is taken under this Act when the person is 15 years or more—10 years after the creation date of the person’s digital photo; or\n- (ii) if the person’s digital photo is taken under this Act when the person is under 15 years—5 years after the creation date of the person’s digital photo; or","sortOrder":62},{"sectionNumber":"pt.4C-div.2","sectionType":"division","heading":"Taking, keeping and using biometric data and other information","content":"## Taking, keeping and using biometric data and other information","sortOrder":63},{"sectionNumber":"sec.28EA","sectionType":"section","heading":"Taking a digital photo and digitised signature for use under this or another Act","content":"### sec.28EA Taking a digital photo and digitised signature for use under this or another Act\n\nA person ( applicant ) must allow the chief executive to take and keep for use under this Act, or for use as provided under another Act, a digital photo and digitised signature of the applicant (as required by the chief executive) if the applicant—\napplies to the administrator for a prescribed authorisation Act for the grant, renewal, amendment or replacement of a prescribed authority (the authority applied for ); or\napplies to, or asks, the administrator for a transport Act about something else relevant to the administration of a transport Act and, to deal with the application or request, the administrator considers it reasonably necessary to use facial recognition technology to establish the applicant’s connection to the most recent digital photo of the person the applicant is claiming to be.\nSubsection (1) does not apply if the applicant withdraws the application or request.\nSubsection (1) (a) does not apply if—\nas allowed under this Act, the chief executive is keeping the applicant’s most recent digital photo and most recent digitised signature; and\nthe chief executive has no evidence to suggest that the applicant’s most recent digital photo is not a true likeness of the applicant; and\nthe shelf life of the applicant’s most recent digital photo and most recent digitised signature, or the most recent extension of the shelf life under section 28EB , has not ended and will not end before the expiry of any prescribed authorisation document that is granted on the approval of the authority applied for.\nIf an applicant makes an application mentioned in subsection (1) (a) to the administrator for a prescribed authorisation Act that is not a transport Act, the chief executive must advise the administrator if—\nthe applicant has not complied with subsection (1) (a) ; or\nthe chief executive is not satisfied there is a sufficient connection between the digital photo taken under subsection (1) (a) and the most recent digital photo of the person the applicant is claiming to be; or\nthe chief executive is satisfied there is a sufficient connection between the digital photo taken under subsection (1) (a) and the most recent digital photo of someone other than the person the applicant is claiming to be.\nThe administrator for a transport Act must refuse to consider any application or request mentioned in subsection (1) if—\nthe applicant has not complied with subsection (1) ; or\nthe administrator is not satisfied there is a sufficient connection between the digital photo taken under subsection (1) and the most recent digital photo of the person the applicant is claiming to be; or\nthe administrator is satisfied that there is a sufficient connection between the digital photo taken under subsection (1) and the most recent digital photo of someone other than the person the applicant is claiming to be.\nSubsection (5) has effect despite any other provision of a transport Act.\ns 28EA ins 2015 No. 14 s 43\n(sec.28EA-ssec.1) A person ( applicant ) must allow the chief executive to take and keep for use under this Act, or for use as provided under another Act, a digital photo and digitised signature of the applicant (as required by the chief executive) if the applicant— applies to the administrator for a prescribed authorisation Act for the grant, renewal, amendment or replacement of a prescribed authority (the authority applied for ); or applies to, or asks, the administrator for a transport Act about something else relevant to the administration of a transport Act and, to deal with the application or request, the administrator considers it reasonably necessary to use facial recognition technology to establish the applicant’s connection to the most recent digital photo of the person the applicant is claiming to be.\n(sec.28EA-ssec.2) Subsection (1) does not apply if the applicant withdraws the application or request.\n(sec.28EA-ssec.3) Subsection (1) (a) does not apply if— as allowed under this Act, the chief executive is keeping the applicant’s most recent digital photo and most recent digitised signature; and the chief executive has no evidence to suggest that the applicant’s most recent digital photo is not a true likeness of the applicant; and the shelf life of the applicant’s most recent digital photo and most recent digitised signature, or the most recent extension of the shelf life under section 28EB , has not ended and will not end before the expiry of any prescribed authorisation document that is granted on the approval of the authority applied for.\n(sec.28EA-ssec.4) If an applicant makes an application mentioned in subsection (1) (a) to the administrator for a prescribed authorisation Act that is not a transport Act, the chief executive must advise the administrator if— the applicant has not complied with subsection (1) (a) ; or the chief executive is not satisfied there is a sufficient connection between the digital photo taken under subsection (1) (a) and the most recent digital photo of the person the applicant is claiming to be; or the chief executive is satisfied there is a sufficient connection between the digital photo taken under subsection (1) (a) and the most recent digital photo of someone other than the person the applicant is claiming to be.\n(sec.28EA-ssec.5) The administrator for a transport Act must refuse to consider any application or request mentioned in subsection (1) if— the applicant has not complied with subsection (1) ; or the administrator is not satisfied there is a sufficient connection between the digital photo taken under subsection (1) and the most recent digital photo of the person the applicant is claiming to be; or the administrator is satisfied that there is a sufficient connection between the digital photo taken under subsection (1) and the most recent digital photo of someone other than the person the applicant is claiming to be.\n(sec.28EA-ssec.6) Subsection (5) has effect despite any other provision of a transport Act.\n- (a) applies to the administrator for a prescribed authorisation Act for the grant, renewal, amendment or replacement of a prescribed authority (the authority applied for ); or\n- (b) applies to, or asks, the administrator for a transport Act about something else relevant to the administration of a transport Act and, to deal with the application or request, the administrator considers it reasonably necessary to use facial recognition technology to establish the applicant’s connection to the most recent digital photo of the person the applicant is claiming to be.\n- (a) as allowed under this Act, the chief executive is keeping the applicant’s most recent digital photo and most recent digitised signature; and\n- (b) the chief executive has no evidence to suggest that the applicant’s most recent digital photo is not a true likeness of the applicant; and\n- (c) the shelf life of the applicant’s most recent digital photo and most recent digitised signature, or the most recent extension of the shelf life under section 28EB , has not ended and will not end before the expiry of any prescribed authorisation document that is granted on the approval of the authority applied for.\n- (a) the applicant has not complied with subsection (1) (a) ; or\n- (b) the chief executive is not satisfied there is a sufficient connection between the digital photo taken under subsection (1) (a) and the most recent digital photo of the person the applicant is claiming to be; or\n- (c) the chief executive is satisfied there is a sufficient connection between the digital photo taken under subsection (1) (a) and the most recent digital photo of someone other than the person the applicant is claiming to be.\n- (a) the applicant has not complied with subsection (1) ; or\n- (b) the administrator is not satisfied there is a sufficient connection between the digital photo taken under subsection (1) and the most recent digital photo of the person the applicant is claiming to be; or\n- (c) the administrator is satisfied that there is a sufficient connection between the digital photo taken under subsection (1) and the most recent digital photo of someone other than the person the applicant is claiming to be.","sortOrder":64},{"sectionNumber":"sec.28EB","sectionType":"section","heading":"Extending shelf life of a digital photo and digitised signature","content":"### sec.28EB Extending shelf life of a digital photo and digitised signature\n\nThe chief executive may extend the shelf life of the most recent digital photo and most recent digitised signature of a person.\nThe period for which the shelf life may be extended under subsection (1) must not result in the shelf life being extended under the subsection for periods totalling more than 6 months.\nIf the shelf life has been extended previously under subsection (1) for 2 months, the next extension under the subsection must not be for more than 4 months.\ns 28EB ins 2015 No. 14 s 43\n(sec.28EB-ssec.1) The chief executive may extend the shelf life of the most recent digital photo and most recent digitised signature of a person.\n(sec.28EB-ssec.2) The period for which the shelf life may be extended under subsection (1) must not result in the shelf life being extended under the subsection for periods totalling more than 6 months. If the shelf life has been extended previously under subsection (1) for 2 months, the next extension under the subsection must not be for more than 4 months.","sortOrder":65},{"sectionNumber":"sec.28EC","sectionType":"section","heading":"Using a digital photo and digitised signature","content":"### sec.28EC Using a digital photo and digitised signature\n\nThe chief executive may use a person’s most recent digital photo and most recent digitised signature for either of the following purposes—\nto help identify the person for the purpose of any application or request under section 28EA (1) ;\nto reproduce the person’s digital photo and digitised signature on—\na prescribed authorisation document; or\na digital authority; or\na digital evidence of age; or\na digital evidence of identity.\nThe chief executive may also use a person’s most recent digital photo and most recent digitised signature in an investigation of, or a proceeding for, an offence that—\nhappens—\nin making an application or request mentioned in section 28EA (1) for which the digital photo and digitised signature are taken; or\nduring the retention period for the digital photo and digitised signature; and\ninvolves a person obtaining or attempting to obtain, by a false statement or misrepresentation or in any other dishonest way—\nthe grant, renewal, amendment or replacement of a prescribed authority; or\nsomething else under a transport Act.\ns 28EC ins 2015 No. 14 s 43\namd 2020 No. 21 s 64\n(sec.28EC-ssec.1) The chief executive may use a person’s most recent digital photo and most recent digitised signature for either of the following purposes— to help identify the person for the purpose of any application or request under section 28EA (1) ; to reproduce the person’s digital photo and digitised signature on— a prescribed authorisation document; or a digital authority; or a digital evidence of age; or a digital evidence of identity.\n(sec.28EC-ssec.2) The chief executive may also use a person’s most recent digital photo and most recent digitised signature in an investigation of, or a proceeding for, an offence that— happens— in making an application or request mentioned in section 28EA (1) for which the digital photo and digitised signature are taken; or during the retention period for the digital photo and digitised signature; and involves a person obtaining or attempting to obtain, by a false statement or misrepresentation or in any other dishonest way— the grant, renewal, amendment or replacement of a prescribed authority; or something else under a transport Act.\n- (a) to help identify the person for the purpose of any application or request under section 28EA (1) ;\n- (b) to reproduce the person’s digital photo and digitised signature on— (i) a prescribed authorisation document; or (ii) a digital authority; or (iii) a digital evidence of age; or (iv) a digital evidence of identity.\n- (i) a prescribed authorisation document; or\n- (ii) a digital authority; or\n- (iii) a digital evidence of age; or\n- (iv) a digital evidence of identity.\n- (i) a prescribed authorisation document; or\n- (ii) a digital authority; or\n- (iii) a digital evidence of age; or\n- (iv) a digital evidence of identity.\n- (a) happens— (i) in making an application or request mentioned in section 28EA (1) for which the digital photo and digitised signature are taken; or (ii) during the retention period for the digital photo and digitised signature; and\n- (i) in making an application or request mentioned in section 28EA (1) for which the digital photo and digitised signature are taken; or\n- (ii) during the retention period for the digital photo and digitised signature; and\n- (b) involves a person obtaining or attempting to obtain, by a false statement or misrepresentation or in any other dishonest way— (i) the grant, renewal, amendment or replacement of a prescribed authority; or (ii) something else under a transport Act.\n- (i) the grant, renewal, amendment or replacement of a prescribed authority; or\n- (ii) something else under a transport Act.\n- (i) in making an application or request mentioned in section 28EA (1) for which the digital photo and digitised signature are taken; or\n- (ii) during the retention period for the digital photo and digitised signature; and\n- (i) the grant, renewal, amendment or replacement of a prescribed authority; or\n- (ii) something else under a transport Act.","sortOrder":66},{"sectionNumber":"sec.28ED","sectionType":"section","heading":"Restricted access to a digital photo and digitised signature","content":"### sec.28ED Restricted access to a digital photo and digitised signature\n\nThe chief executive may allow a person to access the person’s digital photo kept under this Act if—\nthe person establishes, to the chief executive’s reasonable satisfaction, it is the person’s digital photo; and\nallowing the use of facial recognition technology\npresenting a valid Australian passport\nthe person applies to the chief executive, in the approved form, for the access.\nThe chief executive may allow an entity that grants driver licences under a corresponding law to the Transport Operations (Road Use Management) Act 1995 to access a person’s digital photo kept under this Act if the access is for granting a driver licence under the corresponding law.\nAn application mentioned in subsection (1) (b) may be made by electronic communication.\nThe chief executive must allow a police officer to access a person’s digital photo kept under a prescribed authorisation Act if the access is for a permitted purpose within the meaning of section 28EP (2) .\nTo remove any doubt, it is declared that access to a digital photo under subsection (4) is not subject to any requirement under part 4D .\nThe chief executive must allow the administrator of a prescribed authorisation Act, other than a transport Act, to access a person’s digital photo and digitised signature kept under this Act (as required by the administrator) if the administrator considers it reasonably necessary to use the photo or signature in an investigation of, or proceeding for, an offence that—\nhappens—\nin making the application under the prescribed authorisation Act for which the person’s digital photo and digitised signature are taken under section 28EA (1) (a) ; or\nduring the retention period for the digital photo and digitised signature; and\ninvolves a person obtaining or attempting to obtain, by a false statement or misrepresentation or in any other dishonest way, the grant, renewal, amendment or replacement of a prescribed authority under the prescribed authorisation Act.\nIn this section—\naccess , a digital photo or digitised signature, means obtain a copy of the digital photo or digitised signature.\ncorresponding law , to the Transport Operations (Road Use Management) Act 1995 , means a law of the Commonwealth or another State that provides for the same matter as that Act.\ns 28ED ins 2015 No. 14 s 43\namd 2018 No. 2 s 23\n(sec.28ED-ssec.1) The chief executive may allow a person to access the person’s digital photo kept under this Act if— the person establishes, to the chief executive’s reasonable satisfaction, it is the person’s digital photo; and allowing the use of facial recognition technology presenting a valid Australian passport the person applies to the chief executive, in the approved form, for the access.\n(sec.28ED-ssec.2) The chief executive may allow an entity that grants driver licences under a corresponding law to the Transport Operations (Road Use Management) Act 1995 to access a person’s digital photo kept under this Act if the access is for granting a driver licence under the corresponding law.\n(sec.28ED-ssec.3) An application mentioned in subsection (1) (b) may be made by electronic communication.\n(sec.28ED-ssec.4) The chief executive must allow a police officer to access a person’s digital photo kept under a prescribed authorisation Act if the access is for a permitted purpose within the meaning of section 28EP (2) .\n(sec.28ED-ssec.4A) To remove any doubt, it is declared that access to a digital photo under subsection (4) is not subject to any requirement under part 4D .\n(sec.28ED-ssec.5) The chief executive must allow the administrator of a prescribed authorisation Act, other than a transport Act, to access a person’s digital photo and digitised signature kept under this Act (as required by the administrator) if the administrator considers it reasonably necessary to use the photo or signature in an investigation of, or proceeding for, an offence that— happens— in making the application under the prescribed authorisation Act for which the person’s digital photo and digitised signature are taken under section 28EA (1) (a) ; or during the retention period for the digital photo and digitised signature; and involves a person obtaining or attempting to obtain, by a false statement or misrepresentation or in any other dishonest way, the grant, renewal, amendment or replacement of a prescribed authority under the prescribed authorisation Act.\n(sec.28ED-ssec.6) In this section— access , a digital photo or digitised signature, means obtain a copy of the digital photo or digitised signature. corresponding law , to the Transport Operations (Road Use Management) Act 1995 , means a law of the Commonwealth or another State that provides for the same matter as that Act.\n- (a) the person establishes, to the chief executive’s reasonable satisfaction, it is the person’s digital photo; and Examples of how a person may establish a digital photo is the person’s digital photo— • allowing the use of facial recognition technology • presenting a valid Australian passport\n- • allowing the use of facial recognition technology\n- • presenting a valid Australian passport\n- (b) the person applies to the chief executive, in the approved form, for the access.\n- • allowing the use of facial recognition technology\n- • presenting a valid Australian passport\n- (a) happens— (i) in making the application under the prescribed authorisation Act for which the person’s digital photo and digitised signature are taken under section 28EA (1) (a) ; or (ii) during the retention period for the digital photo and digitised signature; and\n- (i) in making the application under the prescribed authorisation Act for which the person’s digital photo and digitised signature are taken under section 28EA (1) (a) ; or\n- (ii) during the retention period for the digital photo and digitised signature; and\n- (b) involves a person obtaining or attempting to obtain, by a false statement or misrepresentation or in any other dishonest way, the grant, renewal, amendment or replacement of a prescribed authority under the prescribed authorisation Act.\n- (i) in making the application under the prescribed authorisation Act for which the person’s digital photo and digitised signature are taken under section 28EA (1) (a) ; or\n- (ii) during the retention period for the digital photo and digitised signature; and","sortOrder":67},{"sectionNumber":"sec.28EE","sectionType":"section","heading":"Deleting a digital photo or digitised signature from register or similar record","content":"### sec.28EE Deleting a digital photo or digitised signature from register or similar record\n\nWhen the retention period for a person’s digital photo or digitised signature kept under this Act ends, the chief executive must delete the person’s digital photo or digitised signature from any register or similar record kept under this Act by the chief executive.\ns 28EE ins 2015 No. 14 s 43","sortOrder":68},{"sectionNumber":"sec.28EF","sectionType":"section","heading":"Destruction of a digital photo or digitised signature","content":"### sec.28EF Destruction of a digital photo or digitised signature\n\nThis section applies to a copy of a person’s digital photo or digitised signature—\naccessed under this part by the administrator of a prescribed authorisation Act that is not a transport Act; and\nin the possession of that administrator, including by electronic communication.\nThe administrator may retain the copy for the period necessary to conduct an investigation of, or for use in a proceeding for, an offence mentioned in section 28ED (5) .\nHowever, the administrator must take reasonable steps to destroy each copy of a person’s digital photo or digitised signature accessed for the investigation or prosecution of an offence if a proceeding for the offence has not started within 1 year after the day the photo or signature was first accessed.\nThe destruction of a copy of a digital photo or digitised signature must be carried out within a reasonable period—\nafter the administrator stops having a reason to retain the photo or signature under subsection (2) ; or\nif subsection (3) applies.\nIn this section—\ndestroy , a digital photo or digitised signature, includes—\ndelete an electronic copy of the photo or signature; and\nend the way in which the photo or signature may be accessed electronically.\ns 28EF ins 2015 No. 14 s 43\n(sec.28EF-ssec.1) This section applies to a copy of a person’s digital photo or digitised signature— accessed under this part by the administrator of a prescribed authorisation Act that is not a transport Act; and in the possession of that administrator, including by electronic communication.\n(sec.28EF-ssec.2) The administrator may retain the copy for the period necessary to conduct an investigation of, or for use in a proceeding for, an offence mentioned in section 28ED (5) .\n(sec.28EF-ssec.3) However, the administrator must take reasonable steps to destroy each copy of a person’s digital photo or digitised signature accessed for the investigation or prosecution of an offence if a proceeding for the offence has not started within 1 year after the day the photo or signature was first accessed.\n(sec.28EF-ssec.4) The destruction of a copy of a digital photo or digitised signature must be carried out within a reasonable period— after the administrator stops having a reason to retain the photo or signature under subsection (2) ; or if subsection (3) applies.\n(sec.28EF-ssec.5) In this section— destroy , a digital photo or digitised signature, includes— delete an electronic copy of the photo or signature; and end the way in which the photo or signature may be accessed electronically.\n- (a) accessed under this part by the administrator of a prescribed authorisation Act that is not a transport Act; and\n- (b) in the possession of that administrator, including by electronic communication.\n- (a) after the administrator stops having a reason to retain the photo or signature under subsection (2) ; or\n- (b) if subsection (3) applies.\n- (a) delete an electronic copy of the photo or signature; and\n- (b) end the way in which the photo or signature may be accessed electronically.","sortOrder":69},{"sectionNumber":"sec.28EG","sectionType":"section","heading":"Restricted access to information stored electronically on a smartcard identification authority","content":"### sec.28EG Restricted access to information stored electronically on a smartcard identification authority\n\nA person may access information stored electronically on a smartcard identification authority only if—\nthe person is the holder of the smartcard identification authority; or\nthe person has the holder’s consent to access the information; or\nthe person is an authorised officer for the smartcard identification authority and the access to the information is for exercising a power under the Act under which the smartcard identification authority is granted;\nthe person is a police officer who is authorised under the Police Powers and Responsibilities Act 2000 to access the information.\nMaximum penalty—20 penalty units.\nIn this section—\naccess , in relation to information stored electronically on a smartcard identification authority, means view or take a copy of the information.\nauthorised officer , for a smartcard identification authority, means a person—\nauthorised, under an Act, to perform a function or exercise a power in relation to the smartcard identification authority; and\nprescribed under a regulation for this definition.\nsmartcard identification authority means a prescribed authority in the form of a card, or something similar, that is approved by the administrator of the prescribed authorisation Act under which the authority is issued and on which information may be stored electronically.\ns 28EG ins 2015 No. 14 s 43\n(sec.28EG-ssec.1) A person may access information stored electronically on a smartcard identification authority only if— the person is the holder of the smartcard identification authority; or the person has the holder’s consent to access the information; or the person is an authorised officer for the smartcard identification authority and the access to the information is for exercising a power under the Act under which the smartcard identification authority is granted; the person is a police officer who is authorised under the Police Powers and Responsibilities Act 2000 to access the information. Maximum penalty—20 penalty units.\n(sec.28EG-ssec.2) In this section— access , in relation to information stored electronically on a smartcard identification authority, means view or take a copy of the information. authorised officer , for a smartcard identification authority, means a person— authorised, under an Act, to perform a function or exercise a power in relation to the smartcard identification authority; and prescribed under a regulation for this definition. smartcard identification authority means a prescribed authority in the form of a card, or something similar, that is approved by the administrator of the prescribed authorisation Act under which the authority is issued and on which information may be stored electronically.\n- (a) the person is the holder of the smartcard identification authority; or\n- (b) the person has the holder’s consent to access the information; or\n- (c) the person is an authorised officer for the smartcard identification authority and the access to the information is for exercising a power under the Act under which the smartcard identification authority is granted;\n- (d) the person is a police officer who is authorised under the Police Powers and Responsibilities Act 2000 to access the information.\n- (a) authorised, under an Act, to perform a function or exercise a power in relation to the smartcard identification authority; and\n- (b) prescribed under a regulation for this definition.","sortOrder":70},{"sectionNumber":"sec.28EH","sectionType":"section","heading":"Retention period for a digital photo or digitised signature generally","content":"### sec.28EH Retention period for a digital photo or digitised signature generally\n\nThis section sets out the retention period for a person’s digital photo or digitised signature taken under this Act.\nUnless subsection (3) or section 28EHA applies, the retention period for a person’s digital photo or digitised signature taken under section 28EA (1) is—\nif an application mentioned in section 28EA (1) (a) is granted or the person’s digital photo or digitised signature taken under section 28EA (1) (b) is to be used under section 28EC (1) (b) —30 years after the creation date; or\nif an application mentioned in section 28EA (1) (a) is not granted—the shorter of the following periods—\n6 months after the creation date;\nthe period decided by the chief executive; or\nif paragraph (a) or (b) does not apply—24 hours after the creation date.\nDespite subsection (2) , if—\nan investigation as mentioned in section 28EC (2) is started within the retention period worked out under subsection (2) (b) or (c) of this section, or section 28EHA , for a person’s digital photo or digitised signature; and\nthe chief executive reasonably requires a person’s digital photo or digitised signature to be kept for a longer period for the investigation or a proceeding resulting from the investigation;\nthe retention period for the digital photo or digitised signature is the longer period mentioned in paragraph (b) of this subsection.\ns 28EH ins 2015 No. 14 s 43\namd 2018 No. 10 s 60 ; 2019 No. 25 s 61\n(sec.28EH-ssec.1) This section sets out the retention period for a person’s digital photo or digitised signature taken under this Act.\n(sec.28EH-ssec.2) Unless subsection (3) or section 28EHA applies, the retention period for a person’s digital photo or digitised signature taken under section 28EA (1) is— if an application mentioned in section 28EA (1) (a) is granted or the person’s digital photo or digitised signature taken under section 28EA (1) (b) is to be used under section 28EC (1) (b) —30 years after the creation date; or if an application mentioned in section 28EA (1) (a) is not granted—the shorter of the following periods— 6 months after the creation date; the period decided by the chief executive; or if paragraph (a) or (b) does not apply—24 hours after the creation date.\n(sec.28EH-ssec.3) Despite subsection (2) , if— an investigation as mentioned in section 28EC (2) is started within the retention period worked out under subsection (2) (b) or (c) of this section, or section 28EHA , for a person’s digital photo or digitised signature; and the chief executive reasonably requires a person’s digital photo or digitised signature to be kept for a longer period for the investigation or a proceeding resulting from the investigation; the retention period for the digital photo or digitised signature is the longer period mentioned in paragraph (b) of this subsection.\n- (a) if an application mentioned in section 28EA (1) (a) is granted or the person’s digital photo or digitised signature taken under section 28EA (1) (b) is to be used under section 28EC (1) (b) —30 years after the creation date; or\n- (b) if an application mentioned in section 28EA (1) (a) is not granted—the shorter of the following periods— (i) 6 months after the creation date; (ii) the period decided by the chief executive; or\n- (i) 6 months after the creation date;\n- (ii) the period decided by the chief executive; or\n- (c) if paragraph (a) or (b) does not apply—24 hours after the creation date.\n- (i) 6 months after the creation date;\n- (ii) the period decided by the chief executive; or\n- (a) an investigation as mentioned in section 28EC (2) is started within the retention period worked out under subsection (2) (b) or (c) of this section, or section 28EHA , for a person’s digital photo or digitised signature; and\n- (b) the chief executive reasonably requires a person’s digital photo or digitised signature to be kept for a longer period for the investigation or a proceeding resulting from the investigation;","sortOrder":71},{"sectionNumber":"sec.28EHA","sectionType":"section","heading":"Retention period for a digital photo or digitised signature for persons applying for a learner licence and other prescribed matters","content":"### sec.28EHA Retention period for a digital photo or digitised signature for persons applying for a learner licence and other prescribed matters\n\nSubsection (2) applies if a person’s digital photo or digitised signature is taken under section 28EA (1) —\nbecause the person has applied for a learner licence before completing an online road rules test under a regulation under the Transport Operations (Road Use Management) Act 1995 ; or\nin relation to another matter prescribed by regulation.\nThe retention period for the person’s digital photo or digitised signature is 1 year after the creation date or, if a longer period is prescribed by regulation, the longer period.\ns 28EHA (prev s 28EI) ins 2018 No. 10 s 61\nrenum 2019 No. 25 s 62\n(sec.28EHA-ssec.1) Subsection (2) applies if a person’s digital photo or digitised signature is taken under section 28EA (1) — because the person has applied for a learner licence before completing an online road rules test under a regulation under the Transport Operations (Road Use Management) Act 1995 ; or in relation to another matter prescribed by regulation.\n(sec.28EHA-ssec.2) The retention period for the person’s digital photo or digitised signature is 1 year after the creation date or, if a longer period is prescribed by regulation, the longer period.\n- (a) because the person has applied for a learner licence before completing an online road rules test under a regulation under the Transport Operations (Road Use Management) Act 1995 ; or\n- (b) in relation to another matter prescribed by regulation.","sortOrder":72},{"sectionNumber":"pt.4D","sectionType":"part","heading":"National identity matching services","content":"# National identity matching services","sortOrder":73},{"sectionNumber":"pt.4D-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":74},{"sectionNumber":"sec.28EI","sectionType":"section","heading":"Definitions for part","content":"### sec.28EI Definitions for part\n\nIn this part—\ndocument verification service means the service enabling biographical information on identity documents to be verified against corresponding records held by a participating entity for the service.\nface matching services means the following services involving facial biometric matching—\nthe service (known as the face verification service) enabling the comparison of a facial image associated with an individual against a facial image held on a specific government record associated with the individual to verify the individual’s identity;\nthe service (known as the face identification service) enabling the comparison of a facial image against multiple images held on a database of government records to establish an individual’s identity;\nthe service (known as the one person one licence service) enabling the comparison of an individual’s facial image against other facial images used on driver licences and other identity documents to identify whether the individual holds multiple licences, in the same or a different identity, in 1 or more jurisdictions;\nthe service (known as the facial recognition analysis utility service) enabling a participating entity for the service that has responsibility for driver licensing in a State to undertake biometric matching using its own data.\nhost agency , for an identity matching service, means the Commonwealth agency responsible for maintaining the service under an agreement between the Commonwealth and the States.\nidentity document means a document that—\ncontains or incorporates identity information; and\nis capable of being used as evidence of identity.\nidentity information means information relating to an individual, whether living, dead, real or fictitious, that is capable of being used, alone or in conjunction with other information, to identify or purportedly identify the individual.\na photo of, or other information about, an individual on a drivers licence, passport or other identity document\nother information about an individual submitted to verify the individual’s identity\nidentity matching services means the following services administered by the Commonwealth in accordance with an agreement entered into by the Commonwealth and the States—\nthe document verification service;\nthe service (known as the identity data sharing service) enabling the sharing of identity information between the Commonwealth and the States to ensure the accuracy and integrity of identity-based records;\nthe face matching services;\nany other service prescribed by regulation, to the extent the operation of the service relates only to a permitted purpose within the meaning of section 28EP (2) .\ninformation includes a document.\nparticipating entity , in relation to an identity matching service, means an entity—\nparticipating in the service; and\nwith whom the chief executive has entered into an agreement in relation to the use of the service.\ns 28EI ins 2018 No. 2 s 24\n- (a) the service (known as the face verification service) enabling the comparison of a facial image associated with an individual against a facial image held on a specific government record associated with the individual to verify the individual’s identity;\n- (b) the service (known as the face identification service) enabling the comparison of a facial image against multiple images held on a database of government records to establish an individual’s identity;\n- (c) the service (known as the one person one licence service) enabling the comparison of an individual’s facial image against other facial images used on driver licences and other identity documents to identify whether the individual holds multiple licences, in the same or a different identity, in 1 or more jurisdictions;\n- (d) the service (known as the facial recognition analysis utility service) enabling a participating entity for the service that has responsibility for driver licensing in a State to undertake biometric matching using its own data.\n- (a) contains or incorporates identity information; and\n- (b) is capable of being used as evidence of identity.\n- • a photo of, or other information about, an individual on a drivers licence, passport or other identity document\n- • other information about an individual submitted to verify the individual’s identity\n- (a) the document verification service;\n- (b) the service (known as the identity data sharing service) enabling the sharing of identity information between the Commonwealth and the States to ensure the accuracy and integrity of identity-based records;\n- (c) the face matching services;\n- (d) any other service prescribed by regulation, to the extent the operation of the service relates only to a permitted purpose within the meaning of section 28EP (2) .\n- (a) participating in the service; and\n- (b) with whom the chief executive has entered into an agreement in relation to the use of the service.","sortOrder":75},{"sectionNumber":"sec.28EJ","sectionType":"section","heading":"Part binds all persons","content":"### sec.28EJ Part binds all persons\n\nThis part binds all persons, including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States.\nHowever, the State, the Commonwealth or another State can not be prosecuted for an offence against this part.\ns 28EJ ins 2018 No. 2 s 24\n(sec.28EJ-ssec.1) This part binds all persons, including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States.\n(sec.28EJ-ssec.2) However, the State, the Commonwealth or another State can not be prosecuted for an offence against this part.","sortOrder":76},{"sectionNumber":"pt.4D-div.2","sectionType":"division","heading":"Document verification service","content":"## Document verification service","sortOrder":77},{"sectionNumber":"sec.28EK","sectionType":"section","heading":"Disclosure of information about prescribed authorities","content":"### sec.28EK Disclosure of information about prescribed authorities\n\nFor a purpose related to the operation of the document verification service, the chief executive may disclose, in writing or electronically, information kept by the chief executive under an Act about a person’s prescribed authority to an entity that, under an agreement between the State and other Australian jurisdictions, maintains a database containing information about identity documents.\nBefore disclosing information under subsection (1) , the chief executive must be satisfied any disclosure of the information by the entity will be only for the operation of the document verification service.\ns 28EK ins 2018 No. 2 s 24\n(sec.28EK-ssec.1) For a purpose related to the operation of the document verification service, the chief executive may disclose, in writing or electronically, information kept by the chief executive under an Act about a person’s prescribed authority to an entity that, under an agreement between the State and other Australian jurisdictions, maintains a database containing information about identity documents.\n(sec.28EK-ssec.2) Before disclosing information under subsection (1) , the chief executive must be satisfied any disclosure of the information by the entity will be only for the operation of the document verification service.","sortOrder":78},{"sectionNumber":"pt.4D-div.3","sectionType":"division","heading":"Other identity matching services","content":"## Other identity matching services","sortOrder":79},{"sectionNumber":"sec.28EL","sectionType":"section","heading":"Application of division","content":"### sec.28EL Application of division\n\nThis division applies in relation to an identity matching service other than the document verification service.\ns 28EL ins 2018 No. 2 s 24","sortOrder":80},{"sectionNumber":"sec.28EM","sectionType":"section","heading":"Disclosure of identity information by chief executive","content":"### sec.28EM Disclosure of identity information by chief executive\n\nFor a purpose related to the operation of an identity matching service, the chief executive may disclose identity information kept under a prescribed authorisation Act to—\nthe host agency for the service; or\na participating entity for the service.\ns 28EM ins 2018 No. 2 s 24\n- (a) the host agency for the service; or\n- (b) a participating entity for the service.","sortOrder":81},{"sectionNumber":"sec.28EN","sectionType":"section","heading":"Collection and use of identity information by chief executive","content":"### sec.28EN Collection and use of identity information by chief executive\n\nThe chief executive may collect and use identity information, by the operation of an identity matching service, from—\nthe host agency for the service; or\na participating entity for the service.\ns 28EN ins 2018 No. 2 s 24\n- (a) the host agency for the service; or\n- (b) a participating entity for the service.","sortOrder":82},{"sectionNumber":"sec.28EO","sectionType":"section","heading":"Collection, use and disclosure by host agency","content":"### sec.28EO Collection, use and disclosure by host agency\n\nThe host agency may, for a purpose related to the operation of an identity matching service—\ncollect or use identity information disclosed to it under this division; or\ndisclose the identity information to the chief executive or a participating entity for the service.\ns 28EO ins 2018 No. 2 s 24\n- (a) collect or use identity information disclosed to it under this division; or\n- (b) disclose the identity information to the chief executive or a participating entity for the service.","sortOrder":83},{"sectionNumber":"sec.28EP","sectionType":"section","heading":"Disclosure, use or collection must be for permitted purpose","content":"### sec.28EP Disclosure, use or collection must be for permitted purpose\n\nDespite sections 28EM , 28EN and 28EO , identity information may be disclosed, collected or used under this division only for a permitted purpose.\nEach of the following purposes is a permitted purpose —\npreventing, detecting, investigating or prosecuting crimes involving fabricated, manipulated, stolen or otherwise assumed identities;\npreventing, detecting, investigating or prosecuting other offences against Commonwealth or State laws;\nconducting investigations or gathering intelligence for purposes related to national security within the meaning of the National Security Information (Criminal and Civil Proceedings) Act 2004 (Cwlth) ;\npromoting the security of the assets, facilities or personnel of a participating entity that is a government entity;\nprotecting and managing legally assumed identities\nsecurity or background checking\nidentifying individuals who are at risk of, or have experienced, physical harm;\ninvestigating individuals reported missing\nidentifying individuals reported as dead, or unidentified human remains\nidentifying individuals when addressing significant risks to public health or safety\nidentifying individuals in relation to disaster events or major events\nimproving road safety, including the detection of unlicensed and disqualified drivers and individuals who hold multiple licences;\nverifying an individual’s identity with the individual’s consent or as authorised or required by law.\ns 28EP ins 2018 No. 2 s 24\n(sec.28EP-ssec.1) Despite sections 28EM , 28EN and 28EO , identity information may be disclosed, collected or used under this division only for a permitted purpose.\n(sec.28EP-ssec.2) Each of the following purposes is a permitted purpose — preventing, detecting, investigating or prosecuting crimes involving fabricated, manipulated, stolen or otherwise assumed identities; preventing, detecting, investigating or prosecuting other offences against Commonwealth or State laws; conducting investigations or gathering intelligence for purposes related to national security within the meaning of the National Security Information (Criminal and Civil Proceedings) Act 2004 (Cwlth) ; promoting the security of the assets, facilities or personnel of a participating entity that is a government entity; protecting and managing legally assumed identities security or background checking identifying individuals who are at risk of, or have experienced, physical harm; investigating individuals reported missing identifying individuals reported as dead, or unidentified human remains identifying individuals when addressing significant risks to public health or safety identifying individuals in relation to disaster events or major events improving road safety, including the detection of unlicensed and disqualified drivers and individuals who hold multiple licences; verifying an individual’s identity with the individual’s consent or as authorised or required by law.\n- (a) preventing, detecting, investigating or prosecuting crimes involving fabricated, manipulated, stolen or otherwise assumed identities;\n- (b) preventing, detecting, investigating or prosecuting other offences against Commonwealth or State laws;\n- (c) conducting investigations or gathering intelligence for purposes related to national security within the meaning of the National Security Information (Criminal and Civil Proceedings) Act 2004 (Cwlth) ;\n- (d) promoting the security of the assets, facilities or personnel of a participating entity that is a government entity; Examples— • protecting and managing legally assumed identities • security or background checking\n- • protecting and managing legally assumed identities\n- • security or background checking\n- (e) identifying individuals who are at risk of, or have experienced, physical harm; Examples— • investigating individuals reported missing • identifying individuals reported as dead, or unidentified human remains • identifying individuals when addressing significant risks to public health or safety • identifying individuals in relation to disaster events or major events\n- • investigating individuals reported missing\n- • identifying individuals reported as dead, or unidentified human remains\n- • identifying individuals when addressing significant risks to public health or safety\n- • identifying individuals in relation to disaster events or major events\n- (f) improving road safety, including the detection of unlicensed and disqualified drivers and individuals who hold multiple licences;\n- (g) verifying an individual’s identity with the individual’s consent or as authorised or required by law.\n- • protecting and managing legally assumed identities\n- • security or background checking\n- • investigating individuals reported missing\n- • identifying individuals reported as dead, or unidentified human remains\n- • identifying individuals when addressing significant risks to public health or safety\n- • identifying individuals in relation to disaster events or major events","sortOrder":84},{"sectionNumber":"sec.28EQ","sectionType":"section","heading":"Misuse of identity information","content":"### sec.28EQ Misuse of identity information\n\nA person must not collect, use or disclose relevant identity information for a purpose other than a permitted purpose within the meaning of section 28EP (2) .\nMaximum penalty—100 penalty units.\nIn this section—\nrelevant identity information means identity information—\ndisclosed by the chief executive under this division; and\nobtained by operation of an identity matching service.\ns 28EQ ins 2018 No. 2 s 24\n(sec.28EQ-ssec.1) A person must not collect, use or disclose relevant identity information for a purpose other than a permitted purpose within the meaning of section 28EP (2) . Maximum penalty—100 penalty units.\n(sec.28EQ-ssec.2) In this section— relevant identity information means identity information— disclosed by the chief executive under this division; and obtained by operation of an identity matching service.\n- (a) disclosed by the chief executive under this division; and\n- (b) obtained by operation of an identity matching service.","sortOrder":85},{"sectionNumber":"sec.28ER","sectionType":"section","heading":"Inconsistency with other laws","content":"### sec.28ER Inconsistency with other laws\n\nTo the extent this division is inconsistent with part 4C or another law, this division prevails to the extent of the inconsistency.\ns 28ER ins 2018 No. 2 s 24","sortOrder":86},{"sectionNumber":"pt.4E","sectionType":"part","heading":"Digital authorities, digital evidence of age and digital evidence of identity","content":"# Digital authorities, digital evidence of age and digital evidence of identity","sortOrder":87},{"sectionNumber":"pt.4E-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":88},{"sectionNumber":"sec.29AA","sectionType":"section","heading":"Main purposes of part","content":"### sec.29AA Main purposes of part\n\nThe main purposes of this part are to—\nenable a person to use a digital authority as—\nevidence that the person holds a particular authority; or\nevidence of the person’s age or identity; and\nenable a person to use a digital evidence of age as evidence of the person’s age; and\nenable a person to use a digital evidence of identity as evidence of the person’s identity.\ns 29AA ins 2020 No. 21 s 65\n- (a) enable a person to use a digital authority as— (i) evidence that the person holds a particular authority; or (ii) evidence of the person’s age or identity; and\n- (i) evidence that the person holds a particular authority; or\n- (ii) evidence of the person’s age or identity; and\n- (b) enable a person to use a digital evidence of age as evidence of the person’s age; and\n- (c) enable a person to use a digital evidence of identity as evidence of the person’s identity.\n- (i) evidence that the person holds a particular authority; or\n- (ii) evidence of the person’s age or identity; and","sortOrder":89},{"sectionNumber":"sec.29AB","sectionType":"section","heading":"Definitions for part","content":"### sec.29AB Definitions for part\n\nIn this part—\nauthority includes an approval, authorisation, card, certificate, licence, permit, receipt and qualification.\ncorresponding authority means an authority issued under a corresponding law prescribed by regulation to be a corresponding authority.\ncorresponding law means a law, of another State or the Commonwealth, that provides for the same, or substantially the same, matters as a relevant Act.\ndigital authority see section 29AC .\ndigital device means a device that can be used to display or store information electronically.\ncomputer, smart phone, tablet computer\ndigital evidence of age see section 29AD .\ndigital evidence of identity see section 29AE .\nissue includes approve, extend, grant and renew.\nrecognised country means a country or other jurisdiction—\napproved by the chief executive; and\nstated in a notice published on the whole-of-government website to be a recognised country or jurisdiction.\ns 29AB def recognised country ins 2024 No. 2 s 75 (1)\nrecognised country authority means an authority that—\nis issued under a law of a recognised country; and\ncomplies with the standard prescribed by regulation.\ns 29AB def recognised country authority ins 2024 No. 2 s 75 (1)\nrelevant Act means an Act prescribed by regulation to be a relevant Act.\ns 29AB def relevant Act amd 2024 No. 2 s 75 (2)\nrelevant authority means—\nan authority issued under a relevant Act prescribed by a regulation as a relevant authority; or\na corresponding authority prescribed by regulation to be a relevant authority; or\na recognised country authority.\ns 29AB def relevant authority amd 2024 No. 2 s 75 (3) – (4)\nwhole-of-government website means—\nwww.qld.gov.au; or\nanother website prescribed by regulation.\ns 29AB def whole-of-government website ins 2024 No. 2 s 75 (1)\ns 29AB ins 2020 No. 21 s 65\n- (a) approved by the chief executive; and\n- (b) stated in a notice published on the whole-of-government website to be a recognised country or jurisdiction.\n- (a) is issued under a law of a recognised country; and\n- (b) complies with the standard prescribed by regulation.\n- (a) an authority issued under a relevant Act prescribed by a regulation as a relevant authority; or\n- (b) a corresponding authority prescribed by regulation to be a relevant authority; or\n- (c) a recognised country authority.\n- (a) www.qld.gov.au; or\n- (b) another website prescribed by regulation.","sortOrder":90},{"sectionNumber":"sec.29AC","sectionType":"section","heading":"Meaning of digital authority","content":"### sec.29AC Meaning of digital authority\n\nA digital authority means—\na relevant authority, other than a corresponding authority or a recognised country authority, that is—\nencoded in a digital form; and\nable to be displayed on a digital device using the approved app; or\na relevant authority that is a corresponding authority, or a recognised country authority, that is—\nencoded in a digital form; and\nable to be displayed on a digital device.\ns 29AC ins 2020 No. 21 s 65\namd 2024 No. 2 s 76\n- (a) a relevant authority, other than a corresponding authority or a recognised country authority, that is— (i) encoded in a digital form; and (ii) able to be displayed on a digital device using the approved app; or\n- (i) encoded in a digital form; and\n- (ii) able to be displayed on a digital device using the approved app; or\n- (b) a relevant authority that is a corresponding authority, or a recognised country authority, that is— (i) encoded in a digital form; and (ii) able to be displayed on a digital device.\n- (i) encoded in a digital form; and\n- (ii) able to be displayed on a digital device.\n- (i) encoded in a digital form; and\n- (ii) able to be displayed on a digital device using the approved app; or\n- (i) encoded in a digital form; and\n- (ii) able to be displayed on a digital device.","sortOrder":91},{"sectionNumber":"sec.29AD","sectionType":"section","heading":"Meaning of digital evidence of age","content":"### sec.29AD Meaning of digital evidence of age\n\nA digital evidence of age , for a person, means the following information contained in the person’s digital authority that can be displayed on a digital device using the approved app other than as a digital authority—\nthe person’s digital photo;\ninformation, by reference to the person’s date of birth or otherwise, that indicates the person has attained a particular age.\ns 29AD ins 2020 No. 21 s 65\n- (a) the person’s digital photo;\n- (b) information, by reference to the person’s date of birth or otherwise, that indicates the person has attained a particular age.","sortOrder":92},{"sectionNumber":"sec.29AE","sectionType":"section","heading":"Meaning of digital evidence of identity","content":"### sec.29AE Meaning of digital evidence of identity\n\nA digital evidence of identity , for a person, means the following information contained in the person’s digital authority that can be displayed on a digital device using the approved app other than as a digital authority—\nthe person’s name;\nthe person’s digital photo;\nthe person’s date of birth.\ns 29AE ins 2020 No. 21 s 65\n- (a) the person’s name;\n- (b) the person’s digital photo;\n- (c) the person’s date of birth.","sortOrder":93},{"sectionNumber":"sec.29AF","sectionType":"section","heading":"Chief executive may approve app","content":"### sec.29AF Chief executive may approve app\n\nFor the purposes of this part, the chief executive may, by notice published on the department’s website, approve an app to store and display any of the following things—\na digital authority;\na digital evidence of age;\na digital evidence of identity.\nA notice published under subsection (1) must state the following information—\nthe name of the approved app;\na description of the approved app;\nthe date the approved app was approved for use.\ns 29AF ins 2020 No. 21 s 65\n(sec.29AF-ssec.1) For the purposes of this part, the chief executive may, by notice published on the department’s website, approve an app to store and display any of the following things— a digital authority; a digital evidence of age; a digital evidence of identity.\n(sec.29AF-ssec.2) A notice published under subsection (1) must state the following information— the name of the approved app; a description of the approved app; the date the approved app was approved for use.\n- (a) a digital authority;\n- (b) a digital evidence of age;\n- (c) a digital evidence of identity.\n- (a) the name of the approved app;\n- (b) a description of the approved app;\n- (c) the date the approved app was approved for use.","sortOrder":94},{"sectionNumber":"pt.4E-div.2","sectionType":"division","heading":"Use of digital authority, digital evidence of age or digital evidence of identity","content":"## Use of digital authority, digital evidence of age or digital evidence of identity","sortOrder":95},{"sectionNumber":"sec.29AG","sectionType":"section","heading":"Definitions for division","content":"### sec.29AG Definitions for division\n\nIn this division—\naccess includes—\nread; and\ncopy; and\ndownload; and\nphotograph; and\nscan; and\nuse an electronic system, or other technology that provides connectivity between digital devices, to do anything mentioned in paragraphs (a) to (e) .\nauthorised officer means—\nfor a relevant Act, a person authorised under the Act to perform a function or exercise a power in relation to the relevant authority; or\na police officer; or\nanother person prescribed by regulation.\nproduce , a relevant authority to an authorised officer or another person, includes—\ngive the authority to the officer or other person; and\ndisplay the authority to the officer or other person; and\nmake the authority available for inspection by the officer or other person.\ns 29AG ins 2020 No. 21 s 65\n- (a) read; and\n- (b) copy; and\n- (c) download; and\n- (d) photograph; and\n- (e) scan; and\n- (f) use an electronic system, or other technology that provides connectivity between digital devices, to do anything mentioned in paragraphs (a) to (e) .\n- (a) for a relevant Act, a person authorised under the Act to perform a function or exercise a power in relation to the relevant authority; or\n- (b) a police officer; or\n- (c) another person prescribed by regulation.\n- (a) give the authority to the officer or other person; and\n- (b) display the authority to the officer or other person; and\n- (c) make the authority available for inspection by the officer or other person.","sortOrder":96},{"sectionNumber":"sec.29AH","sectionType":"section","heading":"Use of digital authority","content":"### sec.29AH Use of digital authority\n\nThis section applies if an Act requires or permits a person to produce a relevant authority to another person to evidence—\nthe person holds the relevant authority; or\nthe information stated in the authority.\nFor the Act , the person is taken to produce the relevant authority if the person displays the digital authority for the relevant authority.\nSubsection (2) does not apply if—\nwhen the person displays the digital authority, the other person is not able to access the digital authority in a way, or to an extent, that the other person is authorised to access the relevant authority under the Act ; or\nafter being requested by the other person to do so the person does not refresh the digital authority.\ns 29AH ins 2020 No. 21 s 65\n(sec.29AH-ssec.1) This section applies if an Act requires or permits a person to produce a relevant authority to another person to evidence— the person holds the relevant authority; or the information stated in the authority.\n(sec.29AH-ssec.2) For the Act , the person is taken to produce the relevant authority if the person displays the digital authority for the relevant authority.\n(sec.29AH-ssec.3) Subsection (2) does not apply if— when the person displays the digital authority, the other person is not able to access the digital authority in a way, or to an extent, that the other person is authorised to access the relevant authority under the Act ; or after being requested by the other person to do so the person does not refresh the digital authority.\n- (a) the person holds the relevant authority; or\n- (b) the information stated in the authority.\n- (a) when the person displays the digital authority, the other person is not able to access the digital authority in a way, or to an extent, that the other person is authorised to access the relevant authority under the Act ; or\n- (b) after being requested by the other person to do so the person does not refresh the digital authority.","sortOrder":97},{"sectionNumber":"sec.29AI","sectionType":"section","heading":"Use of digital evidence of age and digital evidence of identity","content":"### sec.29AI Use of digital evidence of age and digital evidence of identity\n\nThis section applies if an Act requires or permits a person to produce a document to another person to evidence—\nthe person has attained a particular age; or\nthe person’s identity.\nFor the Act , the person is taken to produce the document if the person displays a digital evidence of age or digital evidence of identity that evidences the information stated in the document.\nA person may use a digital evidence of identity to evidence that the person has attained a particular age.\nSubsection (2) does not apply if—\nwhen the person displays the digital evidence of age or digital evidence of identity, the other person is not able to access the digital evidence of age or digital evidence of identity in a way, or to an extent, that the other person is authorised to access the document under the Act ; or\nafter being requested by the other person to do so the person does not refresh the displayed digital evidence of age or displayed digital evidence of identity.\ns 29AI ins 2020 No. 21 s 65\n(sec.29AI-ssec.1) This section applies if an Act requires or permits a person to produce a document to another person to evidence— the person has attained a particular age; or the person’s identity.\n(sec.29AI-ssec.2) For the Act , the person is taken to produce the document if the person displays a digital evidence of age or digital evidence of identity that evidences the information stated in the document. A person may use a digital evidence of identity to evidence that the person has attained a particular age.\n(sec.29AI-ssec.3) Subsection (2) does not apply if— when the person displays the digital evidence of age or digital evidence of identity, the other person is not able to access the digital evidence of age or digital evidence of identity in a way, or to an extent, that the other person is authorised to access the document under the Act ; or after being requested by the other person to do so the person does not refresh the displayed digital evidence of age or displayed digital evidence of identity.\n- (a) the person has attained a particular age; or\n- (b) the person’s identity.\n- (a) when the person displays the digital evidence of age or digital evidence of identity, the other person is not able to access the digital evidence of age or digital evidence of identity in a way, or to an extent, that the other person is authorised to access the document under the Act ; or\n- (b) after being requested by the other person to do so the person does not refresh the displayed digital evidence of age or displayed digital evidence of identity.","sortOrder":98},{"sectionNumber":"pt.5","sectionType":"part","heading":"Review of and appeals against decisions","content":"# Review of and appeals against decisions","sortOrder":99},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"General","content":"## General","sortOrder":100},{"sectionNumber":"sec.29","sectionType":"section","heading":"What part applies to","content":"### sec.29 What part applies to\n\nThis part applies if a transport Act states that this part applies to—\na review, by the chief executive, of a decision (the original decision ) under the transport Act; or\nan appeal to a court stated in the transport Act (the appeal court ) against a reviewed decision.\ns 29 sub 1997 No. 66 s 138\namd 2006 No. 21 s 150 (1) sch 1 ; 2009 No. 24 s 1830\n- (a) a review, by the chief executive, of a decision (the original decision ) under the transport Act; or\n- (b) an appeal to a court stated in the transport Act (the appeal court ) against a reviewed decision.","sortOrder":101},{"sectionNumber":"sec.30","sectionType":"section","heading":"Definitions","content":"### sec.30 Definitions\n\nIn this part—\nappeal court see section 29 (b) .\ns 30 def appeal court amd 2009 No. 24 s 1831 (1)\nchief executive means, if the original decision is made by the commissioner of the police service under the Transport Operations (Road Use Management) Act 1995 , section 43 —the commissioner.\noriginal decision see section 29 (a) .\ns 30 def original decision amd 2009 No. 24 s 1831 (2)\nreviewed decision see section 34 .\ns 30 sub 1997 No. 66 s 138","sortOrder":102},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Review of original decisions","content":"## Review of original decisions","sortOrder":103},{"sectionNumber":"sec.31","sectionType":"section","heading":"Applying for review","content":"### sec.31 Applying for review\n\nA person may apply for a review of an original decision only within 28 days after notice of the original decision was given to the person under the transport Act.\nHowever, if—\nthe notice did not state the reasons for the original decision; and\nthe person asked for a statement of the reasons within the 28 days mentioned in subsection (1) ;\nthe person may apply within 28 days after the person is given the statement of the reasons.\nIn addition, the chief executive may extend the period for applying.\nAn application must be written and state in detail the grounds on which the person wants the original decision to be reviewed.\ns 31 sub 1997 No. 66 s 138\n(sec.31-ssec.1) A person may apply for a review of an original decision only within 28 days after notice of the original decision was given to the person under the transport Act.\n(sec.31-ssec.2) However, if— the notice did not state the reasons for the original decision; and the person asked for a statement of the reasons within the 28 days mentioned in subsection (1) ; the person may apply within 28 days after the person is given the statement of the reasons.\n(sec.31-ssec.3) In addition, the chief executive may extend the period for applying.\n(sec.31-ssec.4) An application must be written and state in detail the grounds on which the person wants the original decision to be reviewed.\n- (a) the notice did not state the reasons for the original decision; and\n- (b) the person asked for a statement of the reasons within the 28 days mentioned in subsection (1) ;","sortOrder":104},{"sectionNumber":"sec.32","sectionType":"section","heading":"Stay of operation of original decision","content":"### sec.32 Stay of operation of original decision\n\nIf a person applies for review of an original decision, the person may immediately apply for a stay of the decision to the relevant entity (unless the decision is a prescribed authority decision mentioned in the Transport Operations (Road Use Management) Act 1995 , section 65A (3) , or relates to the automatic extension of the person’s prescribed period under that Act, section 91VA ).\nThe relevant entity may stay the original decision to secure the effectiveness of the review and any later appeal to or review by the relevant entity.\nIn setting the time for hearing the application, the relevant entity must allow at least 3 business days between the day the application is filed with it and the hearing day.\nThe chief executive is a party to the application.\nThe person must serve a copy of the application showing the time and place of the hearing and any document filed in the relevant entity with it on the chief executive at least 2 business days before the hearing.\nThe stay—\nmay be given on conditions the relevant entity considers appropriate; and\noperates for the period specified by the relevant entity; and\nmay be revoked or amended by the relevant entity.\nThe period of a stay under this section must not extend past the time when the chief executive reviews the original decision and any later period the relevant entity allows the applicant to enable the applicant to appeal against the decision or apply for a review of the decision as provided under the QCAT Act .\nThe making of an application does not affect the original decision, or the carrying out of the original decision, unless it is stayed.\nIn this section—\nrelevant entity means—\nif the reviewed decision may be reviewed by QCAT—QCAT; or\nif the reviewed decision may be appealed to the appeal court—the appeal court.\ns 32 sub 1997 No. 66 s 138\namd 2009 No. 24 s 1832 ; 2019 No. 25 s 115\n(sec.32-ssec.1) If a person applies for review of an original decision, the person may immediately apply for a stay of the decision to the relevant entity (unless the decision is a prescribed authority decision mentioned in the Transport Operations (Road Use Management) Act 1995 , section 65A (3) , or relates to the automatic extension of the person’s prescribed period under that Act, section 91VA ).\n(sec.32-ssec.2) The relevant entity may stay the original decision to secure the effectiveness of the review and any later appeal to or review by the relevant entity.\n(sec.32-ssec.3) In setting the time for hearing the application, the relevant entity must allow at least 3 business days between the day the application is filed with it and the hearing day.\n(sec.32-ssec.4) The chief executive is a party to the application.\n(sec.32-ssec.5) The person must serve a copy of the application showing the time and place of the hearing and any document filed in the relevant entity with it on the chief executive at least 2 business days before the hearing.\n(sec.32-ssec.6) The stay— may be given on conditions the relevant entity considers appropriate; and operates for the period specified by the relevant entity; and may be revoked or amended by the relevant entity.\n(sec.32-ssec.7) The period of a stay under this section must not extend past the time when the chief executive reviews the original decision and any later period the relevant entity allows the applicant to enable the applicant to appeal against the decision or apply for a review of the decision as provided under the QCAT Act .\n(sec.32-ssec.8) The making of an application does not affect the original decision, or the carrying out of the original decision, unless it is stayed.\n(sec.32-ssec.9) In this section— relevant entity means— if the reviewed decision may be reviewed by QCAT—QCAT; or if the reviewed decision may be appealed to the appeal court—the appeal court.\n- (a) may be given on conditions the relevant entity considers appropriate; and\n- (b) operates for the period specified by the relevant entity; and\n- (c) may be revoked or amended by the relevant entity.\n- (a) if the reviewed decision may be reviewed by QCAT—QCAT; or\n- (b) if the reviewed decision may be appealed to the appeal court—the appeal court.","sortOrder":105},{"sectionNumber":"sec.33","sectionType":"section","heading":"Review panels","content":"### sec.33 Review panels\n\nThe chief executive may establish review panels for this part.\nSubject to subsection (5) , a review panel consists of persons nominated by the chief executive.\nA member of a review panel may be paid the fees and allowances decided by the Governor in Council.\nThe chief executive may refer an application for a review of an original decision to a review panel for advice.\nThe person who made the original decision can not be a member of a review panel reviewing the decision.\ns 33 sub 1997 No. 66 s 138\n(sec.33-ssec.1) The chief executive may establish review panels for this part.\n(sec.33-ssec.2) Subject to subsection (5) , a review panel consists of persons nominated by the chief executive.\n(sec.33-ssec.3) A member of a review panel may be paid the fees and allowances decided by the Governor in Council.\n(sec.33-ssec.4) The chief executive may refer an application for a review of an original decision to a review panel for advice.\n(sec.33-ssec.5) The person who made the original decision can not be a member of a review panel reviewing the decision.","sortOrder":106},{"sectionNumber":"sec.34","sectionType":"section","heading":"Decision on review","content":"### sec.34 Decision on review\n\nA decision on an application for review of an original decision must be made within 28 days after the application is made.\nIf the chief executive was not the original decision maker, the chief executive, in reviewing the decision, has the same powers as the original decision maker.\nIf within the 28 days, the chief executive confirms or amends the original decision or substitutes another decision, the chief executive must give the applicant written notice (the decision notice ) of the confirmed, amended or substituted decision (the reviewed decision ).\nIf the reviewed decision is not the decision sought by the applicant for the review, the decision notice—\nfor a reviewed decision that may be reviewed by QCAT—must comply with the QCAT Act , section 157 (2) ; or\nfor a reviewed decision that may be appealed to the appeal court—must state—\nthe reasons for the reviewed decision; and\nthat the applicant may, within 28 days, appeal against the reviewed decision to the appeal court.\nHowever, if a decision is not made on the application within the 28 days, the chief executive is taken to have made a decision (also the reviewed decision ) at the end of the 28 days confirming the original decision and the reasons given for it.\nIn applying to QCAT for a review or appealing to the appeal court, the decision subject to review or appeal is the reviewed decision and not the original decision.\ns 34 sub 1997 No. 66 s 138\namd 2009 No. 24 s 1833\n(sec.34-ssec.1) A decision on an application for review of an original decision must be made within 28 days after the application is made.\n(sec.34-ssec.2) If the chief executive was not the original decision maker, the chief executive, in reviewing the decision, has the same powers as the original decision maker.\n(sec.34-ssec.3) If within the 28 days, the chief executive confirms or amends the original decision or substitutes another decision, the chief executive must give the applicant written notice (the decision notice ) of the confirmed, amended or substituted decision (the reviewed decision ).\n(sec.34-ssec.4) If the reviewed decision is not the decision sought by the applicant for the review, the decision notice— for a reviewed decision that may be reviewed by QCAT—must comply with the QCAT Act , section 157 (2) ; or for a reviewed decision that may be appealed to the appeal court—must state— the reasons for the reviewed decision; and that the applicant may, within 28 days, appeal against the reviewed decision to the appeal court.\n(sec.34-ssec.5) However, if a decision is not made on the application within the 28 days, the chief executive is taken to have made a decision (also the reviewed decision ) at the end of the 28 days confirming the original decision and the reasons given for it.\n(sec.34-ssec.6) In applying to QCAT for a review or appealing to the appeal court, the decision subject to review or appeal is the reviewed decision and not the original decision.\n- (a) for a reviewed decision that may be reviewed by QCAT—must comply with the QCAT Act , section 157 (2) ; or\n- (b) for a reviewed decision that may be appealed to the appeal court—must state— (i) the reasons for the reviewed decision; and (ii) that the applicant may, within 28 days, appeal against the reviewed decision to the appeal court.\n- (i) the reasons for the reviewed decision; and\n- (ii) that the applicant may, within 28 days, appeal against the reviewed decision to the appeal court.\n- (i) the reasons for the reviewed decision; and\n- (ii) that the applicant may, within 28 days, appeal against the reviewed decision to the appeal court.","sortOrder":107},{"sectionNumber":"pt.5-div.3","sectionType":"division","heading":"Appeals against reviewed decisions","content":"## Appeals against reviewed decisions","sortOrder":108},{"sectionNumber":"sec.34A","sectionType":"section","heading":"Application of div 3","content":"### sec.34A Application of div 3\n\nThis division does not apply to a reviewed decision if, under the transport Act providing for the review, a person may apply to QCAT for a review of the reviewed decision.\ns 34A ins 2009 No. 24 s 1834","sortOrder":109},{"sectionNumber":"sec.35","sectionType":"section","heading":"Time for making appeals","content":"### sec.35 Time for making appeals\n\nA person may appeal against a reviewed decision only within—\nif a decision notice is given to the person—28 days after the notice was given to the person; or\nif the chief executive is taken to have confirmed the decision under section 34 (5) —56 days after the application was made.\nHowever, if—\nthe decision notice did not state the reasons for the decision; and\nthe person asked for a statement of the reasons within the 28 days mentioned in subsection (1) (a) ;\nthe person may apply within 28 days after the person is given a statement of the reasons.\nAlso, the appeal court may extend the period for appealing.\ns 35 sub 1997 No. 66 s 138\n(sec.35-ssec.1) A person may appeal against a reviewed decision only within— if a decision notice is given to the person—28 days after the notice was given to the person; or if the chief executive is taken to have confirmed the decision under section 34 (5) —56 days after the application was made.\n(sec.35-ssec.2) However, if— the decision notice did not state the reasons for the decision; and the person asked for a statement of the reasons within the 28 days mentioned in subsection (1) (a) ; the person may apply within 28 days after the person is given a statement of the reasons.\n(sec.35-ssec.3) Also, the appeal court may extend the period for appealing.\n- (a) if a decision notice is given to the person—28 days after the notice was given to the person; or\n- (b) if the chief executive is taken to have confirmed the decision under section 34 (5) —56 days after the application was made.\n- (a) the decision notice did not state the reasons for the decision; and\n- (b) the person asked for a statement of the reasons within the 28 days mentioned in subsection (1) (a) ;","sortOrder":110},{"sectionNumber":"sec.36","sectionType":"section","heading":"Starting appeals","content":"### sec.36 Starting appeals\n\nAn appeal must be started by—\nfiling a written notice of appeal with the appeal court; and\nserving a copy of the notice on the chief executive.\nAn appeal to a Magistrates Court or District Court may be made to the Magistrates Court or District Court nearest the place where the applicant resides or carries on business.\ns 36 sub 1997 No. 66 s 138\n(sec.36-ssec.1) An appeal must be started by— filing a written notice of appeal with the appeal court; and serving a copy of the notice on the chief executive.\n(sec.36-ssec.2) An appeal to a Magistrates Court or District Court may be made to the Magistrates Court or District Court nearest the place where the applicant resides or carries on business.\n- (a) filing a written notice of appeal with the appeal court; and\n- (b) serving a copy of the notice on the chief executive.","sortOrder":111},{"sectionNumber":"sec.36A","sectionType":"section","heading":"Stay of operation of reviewed decision","content":"### sec.36A Stay of operation of reviewed decision\n\nIf a person appeals against a reviewed decision to the appeal court, the person may immediately apply to the appeal court for a stay of the decision.\nThe appeal court may stay the reviewed decision to secure the effectiveness of the appeal.\nIn setting the time for hearing the stay application, the appeal court must allow at least 3 business days between the day the application is filed with it and the hearing day.\nThe chief executive is a party to the application.\nThe person must serve a copy of the application showing the time and place of the hearing and any document filed in the appeal court with it on the chief executive at least 2 business days before the hearing.\nThe stay—\nmay be given on conditions that the appeal court considers appropriate; and\noperates for the period specified by the appeal court, but not extending past the time when the court decides the appeal; and\nmay be revoked or amended by the appeal court.\nApart from a stay of the operation of a decision, an appeal does not affect the operation or carrying out of the decision.\ns 36A ins 1997 No. 66 s 138\n(sec.36A-ssec.1) If a person appeals against a reviewed decision to the appeal court, the person may immediately apply to the appeal court for a stay of the decision.\n(sec.36A-ssec.2) The appeal court may stay the reviewed decision to secure the effectiveness of the appeal.\n(sec.36A-ssec.3) In setting the time for hearing the stay application, the appeal court must allow at least 3 business days between the day the application is filed with it and the hearing day.\n(sec.36A-ssec.4) The chief executive is a party to the application.\n(sec.36A-ssec.5) The person must serve a copy of the application showing the time and place of the hearing and any document filed in the appeal court with it on the chief executive at least 2 business days before the hearing.\n(sec.36A-ssec.6) The stay— may be given on conditions that the appeal court considers appropriate; and operates for the period specified by the appeal court, but not extending past the time when the court decides the appeal; and may be revoked or amended by the appeal court.\n(sec.36A-ssec.7) Apart from a stay of the operation of a decision, an appeal does not affect the operation or carrying out of the decision.\n- (a) may be given on conditions that the appeal court considers appropriate; and\n- (b) operates for the period specified by the appeal court, but not extending past the time when the court decides the appeal; and\n- (c) may be revoked or amended by the appeal court.","sortOrder":112},{"sectionNumber":"sec.36B","sectionType":"section","heading":"Powers of appeal court on appeal","content":"### sec.36B Powers of appeal court on appeal\n\nIn deciding an appeal against a reviewed decision, the appeal court—\nhas the same powers as the person who made the original decision; and\nis not bound by the rules of evidence; and\nmust comply with natural justice; and\nmay hear the appeal in court or in chambers.\nAn appeal is by way of rehearing.\nThe appeal court may—\nconfirm the reviewed decision; or\nset aside the reviewed decision and substitute another decision that it considers appropriate; or\nset aside the reviewed decision and return the issue to the person who made the original decision with the directions that it considers appropriate.\ns 36B ins 1997 No. 66 s 138\n(sec.36B-ssec.1) In deciding an appeal against a reviewed decision, the appeal court— has the same powers as the person who made the original decision; and is not bound by the rules of evidence; and must comply with natural justice; and may hear the appeal in court or in chambers.\n(sec.36B-ssec.2) An appeal is by way of rehearing.\n(sec.36B-ssec.3) The appeal court may— confirm the reviewed decision; or set aside the reviewed decision and substitute another decision that it considers appropriate; or set aside the reviewed decision and return the issue to the person who made the original decision with the directions that it considers appropriate.\n- (a) has the same powers as the person who made the original decision; and\n- (b) is not bound by the rules of evidence; and\n- (c) must comply with natural justice; and\n- (d) may hear the appeal in court or in chambers.\n- (a) confirm the reviewed decision; or\n- (b) set aside the reviewed decision and substitute another decision that it considers appropriate; or\n- (c) set aside the reviewed decision and return the issue to the person who made the original decision with the directions that it considers appropriate.","sortOrder":113},{"sectionNumber":"sec.36C","sectionType":"section","heading":"Effect of decision of appeal court on appeal","content":"### sec.36C Effect of decision of appeal court on appeal\n\nIf the appeal court substitutes another decision for the reviewed decision, the substituted decision is, for the relevant provision of the transport Act, taken to be that of the person who made the original decision.\ns 36C ins 1997 No. 66 s 138","sortOrder":114},{"sectionNumber":"sec.36D","sectionType":"section","heading":"Assessors","content":"### sec.36D Assessors\n\nIf the judge hearing an appeal in a District Court is of the opinion that the appeal against a reviewed decision involves a question of special knowledge and skill, the judge may appoint 1 or more assessors to help the judge in deciding the appeal.\ns 36D ins 1997 No. 66 s 138","sortOrder":115},{"sectionNumber":"sec.36DA","sectionType":"section","heading":null,"content":"### Section sec.36DA\n\ns 36DA ins 2004 No. 9 s 71A\namd 2005 No. 49 s 79\nom 2009 No. 24 s 1835","sortOrder":116},{"sectionNumber":"pt.6","sectionType":"part","heading":"General","content":"# General","sortOrder":117},{"sectionNumber":"sec.36E","sectionType":"section","heading":"Advisory committees","content":"### sec.36E Advisory committees\n\nThe Minister may establish as many advisory committees as the Minister considers appropriate for the administration of a transport Act.\nAn advisory committee has the functions the Minister decides.\nA member of an advisory committee may be paid the fees and allowances decided by the Governor in Council.\ns 36E ins 1997 No. 66 s 139\n(sec.36E-ssec.1) The Minister may establish as many advisory committees as the Minister considers appropriate for the administration of a transport Act.\n(sec.36E-ssec.2) An advisory committee has the functions the Minister decides.\n(sec.36E-ssec.3) A member of an advisory committee may be paid the fees and allowances decided by the Governor in Council.","sortOrder":118},{"sectionNumber":"sec.36F","sectionType":"section","heading":"Keeping and using information obtained or kept under particular transport Acts or Photo Identification Card Act 2008","content":"### sec.36F Keeping and using information obtained or kept under particular transport Acts or Photo Identification Card Act 2008\n\nThe chief executive may, for a particular transport Act, keep or use information obtained or kept under another particular transport Act or the Photo Identification Card Act 2008 if the information—\nrelates to any matter under the particular transport Act; or\nconcerns the administration of the particular transport Act.\nThe general manager under the Maritime Safety Queensland Act 2002 may, for the Transport Operations (Marine Safety) Act 1994 , keep or use information obtained or kept under another particular transport Act or the Photo Identification Card Act 2008 if the information—\nrelates to any matter under the Transport Operations (Marine Safety) Act 1994 ; or\nconcerns the administration of the Transport Operations (Marine Safety) Act 1994 .\nInformation that may be kept or used under subsection (1) or (2) does not include a digital photo and digitised signature.\nThis section applies despite a provision of another Act.\nIn this section—\nparticular transport Act means—\nthe Tow Truck Act 2023 ; or\nthe Transport Infrastructure Act 1994 ; or\nthe Transport Operations (Marine Safety) Act 1994 ; or\nthe Transport Operations (Passenger Transport) Act 1994 ; or\nthe Transport Operations (Road Use Management) Act 1995 ; or\nthe Transport Security (Counter-Terrorism) Act 2008 .\ns 36F ins 2010 No. 13 s 137\namd 2015 No. 14 s 44 ; 2017 No. 25 s 92 ; 2023 No. 28 s 216\n(sec.36F-ssec.1) The chief executive may, for a particular transport Act, keep or use information obtained or kept under another particular transport Act or the Photo Identification Card Act 2008 if the information— relates to any matter under the particular transport Act; or concerns the administration of the particular transport Act.\n(sec.36F-ssec.2) The general manager under the Maritime Safety Queensland Act 2002 may, for the Transport Operations (Marine Safety) Act 1994 , keep or use information obtained or kept under another particular transport Act or the Photo Identification Card Act 2008 if the information— relates to any matter under the Transport Operations (Marine Safety) Act 1994 ; or concerns the administration of the Transport Operations (Marine Safety) Act 1994 .\n(sec.36F-ssec.3) Information that may be kept or used under subsection (1) or (2) does not include a digital photo and digitised signature.\n(sec.36F-ssec.4) This section applies despite a provision of another Act.\n(sec.36F-ssec.5) In this section— particular transport Act means— the Tow Truck Act 2023 ; or the Transport Infrastructure Act 1994 ; or the Transport Operations (Marine Safety) Act 1994 ; or the Transport Operations (Passenger Transport) Act 1994 ; or the Transport Operations (Road Use Management) Act 1995 ; or the Transport Security (Counter-Terrorism) Act 2008 .\n- (a) relates to any matter under the particular transport Act; or\n- (b) concerns the administration of the particular transport Act.\n- (a) relates to any matter under the Transport Operations (Marine Safety) Act 1994 ; or\n- (b) concerns the administration of the Transport Operations (Marine Safety) Act 1994 .\n- (a) the Tow Truck Act 2023 ; or\n- (b) the Transport Infrastructure Act 1994 ; or\n- (c) the Transport Operations (Marine Safety) Act 1994 ; or\n- (d) the Transport Operations (Passenger Transport) Act 1994 ; or\n- (e) the Transport Operations (Road Use Management) Act 1995 ; or\n- (f) the Transport Security (Counter-Terrorism) Act 2008 .","sortOrder":119},{"sectionNumber":"sec.36G","sectionType":"section","heading":"Smartcard transport authority","content":"### sec.36G Smartcard transport authority\n\nThe chief executive may issue to a person a smartcard ( smartcard transport authority ) evidencing 1 or more transport authorities held by the person and containing information about the authorities.\nA regulation may provide for the following—\ninformation that may be included on the smartcard;\na PIN to be used by the holder of the smartcard as a security measure to protect information stored electronically on it;\nverification of a person’s connection to the person’s most recent digital photo relating to a smartcard transport authority.\nIn this section—\nsmartcard means a document in the form of a card or something similar approved by the chief executive, and on which information may be stored electronically.\ntransport authority means a certificate, licence, appointment or other authority prescribed under a regulation for this definition.\ns 36G ins 2010 No. 13 s 137\namd 2015 No. 14 s 45\n(sec.36G-ssec.1) The chief executive may issue to a person a smartcard ( smartcard transport authority ) evidencing 1 or more transport authorities held by the person and containing information about the authorities.\n(sec.36G-ssec.2) A regulation may provide for the following— information that may be included on the smartcard; a PIN to be used by the holder of the smartcard as a security measure to protect information stored electronically on it; verification of a person’s connection to the person’s most recent digital photo relating to a smartcard transport authority.\n(sec.36G-ssec.3) In this section— smartcard means a document in the form of a card or something similar approved by the chief executive, and on which information may be stored electronically. transport authority means a certificate, licence, appointment or other authority prescribed under a regulation for this definition.\n- (a) information that may be included on the smartcard;\n- (b) a PIN to be used by the holder of the smartcard as a security measure to protect information stored electronically on it;\n- (c) verification of a person’s connection to the person’s most recent digital photo relating to a smartcard transport authority.","sortOrder":120},{"sectionNumber":"sec.36GA","sectionType":"section","heading":"Confidentiality","content":"### sec.36GA 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.\nAlso, a person may disclose information, other than a person’s digital photo or digitised signature, to the administrator of a prescribed authorisation Act that is not a transport Act—\nto the extent it is relevant to an application mentioned in section 28EA (1) (a) ; or\nif the person reasonably suspects the information is relevant to the possible commission of an offence against the prescribed authorisation Act.\nSubsection (3) does not limit section 28ED (5) .\nIn this section—\ndisclose information means—\nintentionally or recklessly disclose the information; or\nallow access to the information.\ninformation includes a person’s digital photo and digitised signature.\ns 36GA ins 2015 No. 14 s 46\n(sec.36GA-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.36GA-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.36GA-ssec.3) Also, a person may disclose information, other than a person’s digital photo or digitised signature, to the administrator of a prescribed authorisation Act that is not a transport Act— to the extent it is relevant to an application mentioned in section 28EA (1) (a) ; or if the person reasonably suspects the information is relevant to the possible commission of an offence against the prescribed authorisation Act.\n(sec.36GA-ssec.4) Subsection (3) does not limit section 28ED (5) .\n(sec.36GA-ssec.5) In this section— disclose information means— intentionally or recklessly disclose the information; or allow access to the information. information includes a person’s 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) to the extent it is relevant to an application mentioned in section 28EA (1) (a) ; or\n- (b) if the person reasonably suspects the information is relevant to the possible commission of an offence against the prescribed authorisation Act.\n- (a) intentionally or recklessly disclose the information; or\n- (b) allow access to the information.","sortOrder":121},{"sectionNumber":"sec.36H","sectionType":"section","heading":"Service of document by post","content":"### sec.36H Service of document by post\n\nThis section applies if a transport Act requires or permits a document to be served on a person.\nThe Acts Interpretation Act 1954 , section 39 applies as if the reference to a person’s address included a reference to the postal address that the person last notified to the department.\nIn this section—\nperson’s address means the address of the place of residence or business of the person, or the head office, a registered office or a principal office of the body corporate.\ns 36H prev s 36H ins 2010 No. 19 s 277\nom 2014 No. 43 s 114\npres s 36H ins 2014 No. 43 s 115\n(sec.36H-ssec.1) This section applies if a transport Act requires or permits a document to be served on a person.\n(sec.36H-ssec.2) The Acts Interpretation Act 1954 , section 39 applies as if the reference to a person’s address included a reference to the postal address that the person last notified to the department.\n(sec.36H-ssec.3) In this section— person’s address means the address of the place of residence or business of the person, or the head office, a registered office or a principal office of the body corporate.","sortOrder":122},{"sectionNumber":"sec.36I","sectionType":"section","heading":"Giving information to approved agencies to enable use of information for particular purposes","content":"### sec.36I Giving information to approved agencies to enable use of information for particular purposes\n\nThe chief executive may, in accordance with an MoU, give the chief executive officer of an approved agency all or any information in a transport information database to enable the approved agency to use the information for a law enforcement purpose.\nWithout limiting subsection (1) , the chief executive may give the information to the chief executive officer of the approved agency by allowing an authorised member of the approved agency to have direct access to the transport information database.\nThe chief executive may give the information to the chief executive officer of an approved agency under subsection (1) on the conditions the chief executive considers appropriate.\nThis section applies despite any other Act.\nIn this section—\nauthorised member , of an approved agency, means a member, or a member of a class of members, of the approved agency authorised in writing by the chief executive to have direct access to a transport information database.\ns 36I ins 2013 No. 64 s 214\n(sec.36I-ssec.1) The chief executive may, in accordance with an MoU, give the chief executive officer of an approved agency all or any information in a transport information database to enable the approved agency to use the information for a law enforcement purpose.\n(sec.36I-ssec.2) Without limiting subsection (1) , the chief executive may give the information to the chief executive officer of the approved agency by allowing an authorised member of the approved agency to have direct access to the transport information database.\n(sec.36I-ssec.3) The chief executive may give the information to the chief executive officer of an approved agency under subsection (1) on the conditions the chief executive considers appropriate.\n(sec.36I-ssec.4) This section applies despite any other Act.\n(sec.36I-ssec.5) In this section— authorised member , of an approved agency, means a member, or a member of a class of members, of the approved agency authorised in writing by the chief executive to have direct access to a transport information database.","sortOrder":123},{"sectionNumber":"sec.36J","sectionType":"section","heading":"Use of information permitted despite other provisions","content":"### sec.36J Use of information permitted despite other provisions\n\nThis section applies if information is given, under section 36I , by the chief executive to the chief executive officer of an approved agency.\nDespite any other Act, the approved agency may use the information for a law enforcement purpose.\ns 36J ins 2013 No. 64 s 214\n(sec.36J-ssec.1) This section applies if information is given, under section 36I , by the chief executive to the chief executive officer of an approved agency.\n(sec.36J-ssec.2) Despite any other Act, the approved agency may use the information for a law enforcement purpose.","sortOrder":124},{"sectionNumber":"sec.36K","sectionType":"section","heading":"Misuse of particular information given","content":"### sec.36K Misuse of particular information given\n\nThis section applies to a member of an approved agency who has information because it has been given, under section 36I , by the chief executive to the chief executive officer of the agency.\nThe member must not use the information—\nfor a purpose other than a law enforcement purpose; or\nin contravention of—\na condition, if any, imposed by the chief executive under section 36I (3) ; or\nthe terms of the MoU about the information.\nMaximum penalty for subsection (2) —100 penalty units.\ns 36K ins 2013 No. 64 s 214\namd 2014 No. 43 s 117 sch 1\n(sec.36K-ssec.1) This section applies to a member of an approved agency who has information because it has been given, under section 36I , by the chief executive to the chief executive officer of the agency.\n(sec.36K-ssec.2) The member must not use the information— for a purpose other than a law enforcement purpose; or in contravention of— a condition, if any, imposed by the chief executive under section 36I (3) ; or the terms of the MoU about the information. Maximum penalty for subsection (2) —100 penalty units.\n- (a) for a purpose other than a law enforcement purpose; or\n- (b) in contravention of— (i) a condition, if any, imposed by the chief executive under section 36I (3) ; or (ii) the terms of the MoU about the information.\n- (i) a condition, if any, imposed by the chief executive under section 36I (3) ; or\n- (ii) the terms of the MoU about the information.\n- (i) a condition, if any, imposed by the chief executive under section 36I (3) ; or\n- (ii) the terms of the MoU about the information.","sortOrder":125},{"sectionNumber":"sec.36L","sectionType":"section","heading":"Extra-territorial application of offence provision","content":"### sec.36L Extra-territorial application of offence provision\n\nA person commits an offence against section 36K (2) if—\nthe person is a member of an approved agency who, outside the State, uses information given, under section 36I , by the chief executive to the chief executive officer of the agency; and\nthe use of the information would constitute an offence against section 36K (2) if it were used by the person within the State.\ns 36L ins 2013 No. 64 s 214\n- (a) the person is a member of an approved agency who, outside the State, uses information given, under section 36I , by the chief executive to the chief executive officer of the agency; and\n- (b) the use of the information would constitute an offence against section 36K (2) if it were used by the person within the State.","sortOrder":126},{"sectionNumber":"sec.36M","sectionType":"section","heading":"Protection from liability","content":"### sec.36M Protection from liability\n\nThis section applies if a person, acting honestly and without negligence, gives information under section 36I .\nThe person is not liable, civilly, criminally or under an administrative process, for giving the information.\nIf subsection (2) prevents a civil liability attaching to a person, the liability attaches instead to the State.\nAlso, merely because the person gives the information, the person can not be held to have—\nbreached any code of professional etiquette or ethics; or\ndeparted from accepted standards of professional conduct.\nWithout limiting subsections (2) and (4) —\nin a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and\nif the person would otherwise be required to maintain confidentiality about the information under an Act, oath or rule of law or practice, the person—\ndoes not contravene the Act , oath or rule of law or practice by giving the information; and\nis not liable to disciplinary action for giving the information.\ns 36M ins 2013 No. 64 s 214\n(sec.36M-ssec.1) This section applies if a person, acting honestly and without negligence, gives information under section 36I .\n(sec.36M-ssec.2) The person is not liable, civilly, criminally or under an administrative process, for giving the information.\n(sec.36M-ssec.3) If subsection (2) prevents a civil liability attaching to a person, the liability attaches instead to the State.\n(sec.36M-ssec.4) Also, merely because the person gives the information, the person can not be held to have— breached any code of professional etiquette or ethics; or departed from accepted standards of professional conduct.\n(sec.36M-ssec.5) Without limiting subsections (2) and (4) — in a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and if the person would otherwise be required to maintain confidentiality about the information under an Act, oath or rule of law or practice, the person— does not contravene the Act , oath or rule of law or practice by giving the information; and is not liable to disciplinary action for giving the information.\n- (a) breached any code of professional etiquette or ethics; or\n- (b) departed from accepted standards of professional conduct.\n- (a) in a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and\n- (b) if the person would otherwise be required to maintain confidentiality about the information under an Act, oath or rule of law or practice, the person— (i) does not contravene the Act , oath or rule of law or practice by giving the information; and (ii) is not liable to disciplinary action for giving the information.\n- (i) does not contravene the Act , oath or rule of law or practice by giving the information; and\n- (ii) is not liable to disciplinary action for giving the information.\n- (i) does not contravene the Act , oath or rule of law or practice by giving the information; and\n- (ii) is not liable to disciplinary action for giving the information.","sortOrder":127},{"sectionNumber":"sec.37","sectionType":"section","heading":"Delegation by the Minister or the chief executive","content":"### sec.37 Delegation by the Minister or the chief executive\n\nThe Minister or the chief executive (the delegator ) may delegate to a person a function or power of the delegator under this or another Act.\nA function or power may be subdelegated if the delegation allows the subdelegation of the function or power.\nProof of a delegation by the chief executive under subsection (1) is not required in a proceeding under this Act or a relevant transport Act unless the defendant gives the entity responsible for prosecuting the proceeding a notice of intention to challenge the delegation at least 10 business days before the hearing date.\nThe notice must be in the form approved by the chief executive.\nIn this section—\nrelevant transport Act means—\nthe Heavy Vehicle National Law Act 2012 ; or\nthe Motor Accident Insurance Act 1994 ; or\nthe Tow Truck Act 2023 ; or\nthe Transport Infrastructure Act 1994 ; or\nthe Transport Operations (Marine Pollution) Act 1995 ; or\nthe Transport Operations (Marine Safety) Act 1994 ; or\nthe Transport Operations (Passenger Transport) Act 1994 ; or\nthe Transport Operations (Road Use Management) Act 1995 .\ns 37 amd 1995 No. 48 s 7 ; 2006 No. 21 s 150 (1) sch 1 ; 2008 No. 32 s 113 ; 2018 No. 20 s 59 ; 2023 No. 28 s 217\n(sec.37-ssec.1) The Minister or the chief executive (the delegator ) may delegate to a person a function or power of the delegator under this or another Act.\n(sec.37-ssec.2) A function or power may be subdelegated if the delegation allows the subdelegation of the function or power.\n(sec.37-ssec.3) Proof of a delegation by the chief executive under subsection (1) is not required in a proceeding under this Act or a relevant transport Act unless the defendant gives the entity responsible for prosecuting the proceeding a notice of intention to challenge the delegation at least 10 business days before the hearing date.\n(sec.37-ssec.4) The notice must be in the form approved by the chief executive.\n(sec.37-ssec.5) In this section— relevant transport Act means— the Heavy Vehicle National Law Act 2012 ; or the Motor Accident Insurance Act 1994 ; or the Tow Truck Act 2023 ; or the Transport Infrastructure Act 1994 ; or the Transport Operations (Marine Pollution) Act 1995 ; or the Transport Operations (Marine Safety) Act 1994 ; or the Transport Operations (Passenger Transport) Act 1994 ; or the Transport Operations (Road Use Management) Act 1995 .\n- (a) the Heavy Vehicle National Law Act 2012 ; or\n- (b) the Motor Accident Insurance Act 1994 ; or\n- (c) the Tow Truck Act 2023 ; or\n- (d) the Transport Infrastructure Act 1994 ; or\n- (e) the Transport Operations (Marine Pollution) Act 1995 ; or\n- (f) the Transport Operations (Marine Safety) Act 1994 ; or\n- (g) the Transport Operations (Passenger Transport) Act 1994 ; or\n- (h) the Transport Operations (Road Use Management) Act 1995 .","sortOrder":128},{"sectionNumber":"sec.37A","sectionType":"section","heading":null,"content":"### Section sec.37A\n\ns 37A ins 2015 No. 14 s 47\nom 2018 No. 2 s 25","sortOrder":129},{"sectionNumber":"sec.38","sectionType":"section","heading":"Regulation-making power","content":"### sec.38 Regulation-making power\n\nThe Governor in Council may make regulations for the purposes of this Act.\nWithout limiting subsection (1) , a regulation may be made about—\na code for proposed activities mentioned in part 2A ; or\nconsideration, whether monetary or otherwise, to be given to compensate the chief executive in taking action to rectify the impact a proposed activity mentioned in part 2A will have; or\naction to be taken to rectify the impact a proposed activity mentioned in part 2A will have; or\nthe administration and use of an approved app, digital authority, digital evidence of age or digital evidence of identity.\ns 38 amd 2004 No. 40 s 19 ; 2016 No. 27 s 606 ; 2020 No. 21 s 66\n(sec.38-ssec.1) The Governor in Council may make regulations for the purposes of this Act.\n(sec.38-ssec.2) Without limiting subsection (1) , a regulation may be made about— a code for proposed activities mentioned in part 2A ; or consideration, whether monetary or otherwise, to be given to compensate the chief executive in taking action to rectify the impact a proposed activity mentioned in part 2A will have; or action to be taken to rectify the impact a proposed activity mentioned in part 2A will have; or the administration and use of an approved app, digital authority, digital evidence of age or digital evidence of identity.\n- (a) a code for proposed activities mentioned in part 2A ; or\n- (b) consideration, whether monetary or otherwise, to be given to compensate the chief executive in taking action to rectify the impact a proposed activity mentioned in part 2A will have; or\n- (c) action to be taken to rectify the impact a proposed activity mentioned in part 2A will have; or\n- (d) the administration and use of an approved app, digital authority, digital evidence of age or digital evidence of identity.","sortOrder":130},{"sectionNumber":"pt.7","sectionType":"part","heading":"Transitional provisions","content":"# Transitional provisions","sortOrder":131},{"sectionNumber":"pt.7-div.1","sectionType":"division","heading":"Provision for Transport and Other Legislation Amendment Act 2014","content":"## Provision for Transport and Other Legislation Amendment Act 2014","sortOrder":132},{"sectionNumber":"sec.39","sectionType":"section","heading":"Easement for support registered before commencement","content":"### sec.39 Easement for support registered before commencement\n\nThis section applies if an easement for support is registered over State land before the commencement of this section.\nThe easement for support is taken to be a transport easement for support under section 28AC.\nPart 4, division 2 applies to the easement for support as if that division was in force when the easement for support was registered.\nIn this section—\neasement for support means a document or instrument of easement that, when registered, complied with section 28AC(1), (2) and (3) as if those provisions were in force before the commencement.\nState land has the meaning given by the Transport Infrastructure Act 1994 .\ns 39 prev s 39 ins 2010 No. 19 s 278\nom 2013 No. 39 s 109 sch 2\npres s 39 ins 2014 No. 43 s 116\n(sec.39-ssec.1) This section applies if an easement for support is registered over State land before the commencement of this section.\n(sec.39-ssec.2) The easement for support is taken to be a transport easement for support under section 28AC.\n(sec.39-ssec.3) Part 4, division 2 applies to the easement for support as if that division was in force when the easement for support was registered.\n(sec.39-ssec.4) In this section— easement for support means a document or instrument of easement that, when registered, complied with section 28AC(1), (2) and (3) as if those provisions were in force before the commencement. State land has the meaning given by the Transport Infrastructure Act 1994 .","sortOrder":133},{"sectionNumber":"pt.7-div.2","sectionType":"division","heading":"Provisions for Holidays and Other Legislation Amendment Act 2015","content":"## Provisions for Holidays and Other Legislation Amendment Act 2015","sortOrder":134},{"sectionNumber":"sec.40","sectionType":"section","heading":"Extension of shelf life of a digital photo or digitised signature under another Act","content":"### sec.40 Extension of shelf life of a digital photo or digitised signature under another Act\n\nThis section applies to an extension of the shelf life of a person’s digital photo or digitised signature by the chief executive under another Act before the commencement.\nFor section 28EB(2), the shelf life is taken to have been extended under section 28EB(1).\ns 40 ins 2015 No. 14 s 49\n(sec.40-ssec.1) This section applies to an extension of the shelf life of a person’s digital photo or digitised signature by the chief executive under another Act before the commencement.\n(sec.40-ssec.2) For section 28EB(2), the shelf life is taken to have been extended under section 28EB(1).","sortOrder":135},{"sectionNumber":"sec.41","sectionType":"section","heading":"Retention period for a digital photo or digitised signature taken under another Act","content":"### sec.41 Retention period for a digital photo or digitised signature taken under another Act\n\nThis section applies to a digital photo or digitised signature taken or kept, under an Act, other than this Act, by the general manager within the meaning of the Maritime Safety Queensland Act 2002 or the chief executive before the commencement.\nOn the commencement, the retention period for a person’s digital photo or digitised signature for this Act is—\nif the photo or signature was taken under the Adult Proof of Age Card Act 2008 —the retention period that applied to the photo or signature under repealed section 37 of that Act; or\nif the photo or signature was taken under the Tow Truck Act 1973 —the retention period that applied to the photo or signature under repealed section 19F of that Act; or\nif the photo or signature was taken under the Transport Operations (Marine Safety) Act 1994 —the retention period that applied to the photo or signature under repealed section 63G of that Act; or\nif the photo or signature was taken under the Transport Operations (Passenger Transport) Act 1994 —the retention period that applied to the photo or signature under repealed section 35F of that Act; or\nif the photo or signature was taken under the Transport Operations (Road Use Management) Act 1995 —the retention period that applied to the photo or signature under repealed section 91G of that Act.\ns 41 ins 2015 No. 14 s 49\n(sec.41-ssec.1) This section applies to a digital photo or digitised signature taken or kept, under an Act, other than this Act, by the general manager within the meaning of the Maritime Safety Queensland Act 2002 or the chief executive before the commencement.\n(sec.41-ssec.2) On the commencement, the retention period for a person’s digital photo or digitised signature for this Act is— if the photo or signature was taken under the Adult Proof of Age Card Act 2008 —the retention period that applied to the photo or signature under repealed section 37 of that Act; or if the photo or signature was taken under the Tow Truck Act 1973 —the retention period that applied to the photo or signature under repealed section 19F of that Act; or if the photo or signature was taken under the Transport Operations (Marine Safety) Act 1994 —the retention period that applied to the photo or signature under repealed section 63G of that Act; or if the photo or signature was taken under the Transport Operations (Passenger Transport) Act 1994 —the retention period that applied to the photo or signature under repealed section 35F of that Act; or if the photo or signature was taken under the Transport Operations (Road Use Management) Act 1995 —the retention period that applied to the photo or signature under repealed section 91G of that Act.\n- (a) if the photo or signature was taken under the Adult Proof of Age Card Act 2008 —the retention period that applied to the photo or signature under repealed section 37 of that Act; or\n- (b) if the photo or signature was taken under the Tow Truck Act 1973 —the retention period that applied to the photo or signature under repealed section 19F of that Act; or\n- (c) if the photo or signature was taken under the Transport Operations (Marine Safety) Act 1994 —the retention period that applied to the photo or signature under repealed section 63G of that Act; or\n- (d) if the photo or signature was taken under the Transport Operations (Passenger Transport) Act 1994 —the retention period that applied to the photo or signature under repealed section 35F of that Act; or\n- (e) if the photo or signature was taken under the Transport Operations (Road Use Management) Act 1995 —the retention period that applied to the photo or signature under repealed section 91G of that Act.","sortOrder":136},{"sectionNumber":"sec.42","sectionType":"section","heading":"Access to digital photos under other Transport Acts to be included in annual report","content":"### sec.42 Access to digital photos under other Transport Acts to be included in annual report\n\nThis section applies if, in a financial year, access to digital photos could be had under this Act, section 28ED and under any of the following provisions—\nAdult Proof of Age Card Act 2008 , section 33;\nTow Truck Act 1973 , section 19C;\nTransport Operations (Marine Safety) Act 1994 , section 63C;\nTransport Operations (Passenger Transport) Act 1994 , section 35C;\nTransport Operations (Road Use Management) Act 1995 , section 91C.\nThe number of occasions during the financial year on which access to a digital photo was allowed under section 28ED(4) that is to be included in the annual report prepared under section 37A must also include the number of occasions during the financial year on which access to a digital photo was allowed under the following provisions—\nAdult Proof of Age Card Act 2008 , section 33(3);\nTow Truck Act 1973 , section 19C (3) ;\nTransport Operations (Marine Safety) Act 1994 , section 63C(3);\nTransport Operations (Passenger Transport) Act 1994 , section 35C(3);\nTransport Operations (Road Use Management) Act 1995 , section 91C(3).\nFor the annual report prepared under section 37A, it is enough to mention the total number of occasions that access was allowed without mentioning the particular provision under which the access was allowed.\ns 42 ins 2015 No. 14 s 49\n(sec.42-ssec.1) This section applies if, in a financial year, access to digital photos could be had under this Act, section 28ED and under any of the following provisions— Adult Proof of Age Card Act 2008 , section 33; Tow Truck Act 1973 , section 19C; Transport Operations (Marine Safety) Act 1994 , section 63C; Transport Operations (Passenger Transport) Act 1994 , section 35C; Transport Operations (Road Use Management) Act 1995 , section 91C.\n(sec.42-ssec.2) The number of occasions during the financial year on which access to a digital photo was allowed under section 28ED(4) that is to be included in the annual report prepared under section 37A must also include the number of occasions during the financial year on which access to a digital photo was allowed under the following provisions— Adult Proof of Age Card Act 2008 , section 33(3); Tow Truck Act 1973 , section 19C (3) ; Transport Operations (Marine Safety) Act 1994 , section 63C(3); Transport Operations (Passenger Transport) Act 1994 , section 35C(3); Transport Operations (Road Use Management) Act 1995 , section 91C(3).\n(sec.42-ssec.3) For the annual report prepared under section 37A, it is enough to mention the total number of occasions that access was allowed without mentioning the particular provision under which the access was allowed.\n- (a) Adult Proof of Age Card Act 2008 , section 33;\n- (b) Tow Truck Act 1973 , section 19C;\n- (c) Transport Operations (Marine Safety) Act 1994 , section 63C;\n- (d) Transport Operations (Passenger Transport) Act 1994 , section 35C;\n- (e) Transport Operations (Road Use Management) Act 1995 , section 91C.\n- (a) Adult Proof of Age Card Act 2008 , section 33(3);\n- (b) Tow Truck Act 1973 , section 19C (3) ;\n- (c) Transport Operations (Marine Safety) Act 1994 , section 63C(3);\n- (d) Transport Operations (Passenger Transport) Act 1994 , section 35C(3);\n- (e) Transport Operations (Road Use Management) Act 1995 , section 91C(3).","sortOrder":137},{"sectionNumber":"pt.7-div.3","sectionType":"division","heading":"Provisions for Transport and Other Legislation Amendment Act 2017","content":"## Provisions for Transport and Other Legislation Amendment Act 2017","sortOrder":138},{"sectionNumber":"sec.43","sectionType":"section","heading":"Definition for division","content":"### sec.43 Definition for division\n\nIn this division—\npre-amended Act means this Act as in force immediately before the commencement.\ns 43 ins 2017 No. 25 s 93","sortOrder":139},{"sectionNumber":"sec.44","sectionType":"section","heading":"Existing road works on local government roads","content":"### sec.44 Existing road works on local government roads\n\nThis section applies if road works to which section 8C of the pre-amended Act applied had started to be carried out but were not finished before the commencement.\nThe pre-amended Act continues to apply in relation to the road works as if the Transport and Other Legislation Amendment Act 2017 had not been enacted.\ns 44 ins 2017 No. 25 s 93\n(sec.44-ssec.1) This section applies if road works to which section 8C of the pre-amended Act applied had started to be carried out but were not finished before the commencement.\n(sec.44-ssec.2) The pre-amended Act continues to apply in relation to the road works as if the Transport and Other Legislation Amendment Act 2017 had not been enacted.","sortOrder":140},{"sectionNumber":"sec.45","sectionType":"section","heading":"Existing applications for approval of management change","content":"### sec.45 Existing applications for approval of management change\n\nThis section applies if an application made under section 8D of the pre-amended Act had not been decided before the commencement.\nFor deciding the application, the pre-amended Act continues to apply as if the Transport and Other Legislation Amendment Act 2017 had not been enacted.\ns 45 ins 2017 No. 25 s 93\n(sec.45-ssec.1) This section applies if an application made under section 8D of the pre-amended Act had not been decided before the commencement.\n(sec.45-ssec.2) For deciding the application, the pre-amended Act continues to apply as if the Transport and Other Legislation Amendment Act 2017 had not been enacted.","sortOrder":141},{"sectionNumber":"pt.7-div.4","sectionType":"division","heading":null,"content":"","sortOrder":142},{"sectionNumber":"sec.46","sectionType":"section","heading":null,"content":"### Section sec.46\n\ns 46 ins 2018 No. 2 s 26\nexp 16 March 2021 (see s 46(5))","sortOrder":143},{"sectionNumber":"pt.7-div.5","sectionType":"division","heading":null,"content":"","sortOrder":144},{"sectionNumber":"sec.47","sectionType":"section","heading":null,"content":"### Section sec.47\n\ns 47 ins 2020 No. 21 s 67\nexp 21 July 2023 (see s 47(5))","sortOrder":145},{"sectionNumber":"pt.7-div.6","sectionType":"division","heading":"Transitional provision for Transport Legislation (Road Safety and Other Matters) Amendment Act 2022","content":"## Transitional provision for Transport Legislation (Road Safety and Other Matters) Amendment Act 2022","sortOrder":146},{"sectionNumber":"sec.48","sectionType":"section","heading":"Application of new shelf life definition","content":"### sec.48 Application of new shelf life definition\n\nThe new shelf life definition, paragraph (a) applies in relation to a person’s digital photo whether the person’s digital photo was or is taken before or after the commencement.\nTo remove any doubt, it is declared that the ending of the shelf life of a person’s digital photo because of the operation of subsection (1) does not affect the validity of the prescribed authority or prescribed authorisation document on which the person’s digital photo is reproduced.\nA reference to this Act in the new shelf life definition includes a reference to another Act under which a person’s digital photo or digitised signature was taken before the commencement of the Holidays and Other Legislation Amendment Act 2015 , section 43 .\nIn this section—\nnew shelf life definition means section 28E, definition shelf life as in force from the commencement.\ns 48 ins 2022 No. 19 s 52\n(sec.48-ssec.1) The new shelf life definition, paragraph (a) applies in relation to a person’s digital photo whether the person’s digital photo was or is taken before or after the commencement.\n(sec.48-ssec.2) To remove any doubt, it is declared that the ending of the shelf life of a person’s digital photo because of the operation of subsection (1) does not affect the validity of the prescribed authority or prescribed authorisation document on which the person’s digital photo is reproduced.\n(sec.48-ssec.3) A reference to this Act in the new shelf life definition includes a reference to another Act under which a person’s digital photo or digitised signature was taken before the commencement of the Holidays and Other Legislation Amendment Act 2015 , section 43 .\n(sec.48-ssec.4) In this section— new shelf life definition means section 28E, definition shelf life as in force from the commencement.","sortOrder":147}],"analysis":{"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act began as a relatively narrow strategic planning framework — focused on creating a transport coordination plan and coordinating government transport functions. Over time, its scope expanded significantly through amendments to include: detailed land use and development approval integration (Part 2A, inserted 2004); active transport and cycling infrastructure requirements (amended 2009–2010); specific obligations on local councils regarding road works and road management changes; a specialised regime for busway land acquisitions with retrospective validation provisions (Part 4A, inserted 2000); and a detailed transport easement for support regime (Division 2 of Part 4, inserted 2014). What started as a high-level coordination statute evolved into a multi-layered regulatory framework with direct operational obligations on councils, developers, and landowners."},"complexity_factors":["Extensive cross-referencing with multiple other Acts (Planning Act, Acquisition of Land Act 1967, Transport Infrastructure Act 1994, Land Act 1994, Land Title Act 1994, Financial Accountability Act 2009, Public Sector Act 2022, Transport Operations (Passenger Transport) Act 1994)","Highly technical property law provisions around easements (transport easements for support, benefited/burdened land, lateral/subjacent/superjacent support) that require specialist legal knowledge","Significant legislative history — multiple amendments across decades (1995–2022) with sections inserted, renumbered, substituted and omitted, making the current text difficult to interpret without version tracking","Section 8 contains a procedural fairness exclusion clause that ousts judicial review (court oversight), which is legally complex and contentious","Land acquisition provisions interact with the Acquisition of Land Act 1967 in nuanced ways, with multiple subsections explicitly overriding or modifying that Act","The busway provisions (Part 4A) include retrospective validating declarations — legally sophisticated provisions that deem past actions to have been valid","The Act operates as an umbrella framework over a suite of other transport Acts, meaning its full effect cannot be understood without reference to that broader legislative ecosystem","Multiple defined terms with layered meanings (e.g., 'transport associated development', 'incidental purpose', 'constructing authority') that carry different weight across different sections"],"plain_english_summary":"## What is this law about?\n\nThe **Transport Planning and Coordination Act 1994** is a Queensland law that sets up the framework for how the state government plans and manages transport across Queensland. Think of it as the rulebook that tells the government *how* to think about, plan for, and coordinate all forms of transport — roads, buses, rail, cycling paths, and more.\n\n## Who does it affect?\n\nThis law touches almost everyone in Queensland, but most directly affects:\n\n- **Property developers and landowners** — if you want to develop land near bus routes, train lines, or other transport infrastructure, this law requires government decision-makers to consider the impact on public transport before approving your project\n- **Local councils** — councils must get government approval before making road changes (like closing a lane or removing a bus stop) that could disrupt bus services, and must give 21 days' notice before road works that affect public transport routes\n- **Businesses near transport corridors** — your land may be acquired (compulsorily purchased, known here as \"resumed\") for transport purposes, including future transport purposes even if there's no firm timeline yet\n- **Cyclists and pedestrians** — the law explicitly promotes \"active transport\" (cycling, walking) and requires development to support it, including facilities like bike racks, showers, and change rooms at destinations\n\n## What does it actually do?\n\n**1. The Transport Coordination Plan**\nThe government must create and regularly update a strategic transport plan for Queensland. This plan must balance economic development, quality of life, environmental concerns, and national/local transport strategies. The plan gets tabled in Parliament (made public), but — crucially — *no one can sue the government if the plan isn't followed*. Courts cannot review or overturn decisions made under this part of the Act.\n\n**2. Land Use and Transport Integration**\nDevelopment approvals must consider their impact on public transport (buses, trains) and active transport (cycling, walking). New buildings near bus routes, for example, may need to include end-of-trip facilities (showers, bike storage) to encourage people to commute without a car.\n\n**3. Protecting Bus Routes from Road Works**\nCouncils doing road works on bus routes must follow government guidelines and give 21 days' written notice if those works will disrupt bus services. Breaching this carries a small fine (10 penalty units).\n\n**4. Council Road Management Changes**\nIf a council wants to change how a road is managed — like closing a lane, changing traffic flow, or converting a roundabout to traffic lights — and this would hurt scheduled bus services, the council must get written approval from the state government's chief executive first. The government has 21 days to respond; silence equals approval.\n\n**5. Land Acquisition Powers**\nThe government can compulsorily acquire (\"resume\") land for transport purposes — including land that *might be needed in the future*, even if no timeline exists. When surplus transport land is returned to former owners, there are specific rules about notice periods (7 years), response times (28 days), and valuation processes. The government can also retain easements (legal rights over land) for structural support of transport infrastructure even after selling land.\n\n**6. Transport Easements for Support**\nA specialised legal mechanism (an \"easement for support\") allows the government to maintain structural support for transport infrastructure on neighbouring private land. If your land is burdened by one of these easements, you cannot remove or interfere with structures providing that support without written government consent.\n\n## The key takeaway for ordinary people\n\nIf you **own or develop property near public transport**, this law means the government has significant power to:\n- Influence or condition your development approvals\n- Acquire your land (with compensation) for transport use\n- Register legal rights over your property to protect nearby transport infrastructure\n\nIf you're a **council or road authority**, you need government sign-off before making road changes that hurt bus services.\n\nIf you **use public transport or active transport**, this law is the foundation that requires new development to support and protect those networks."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act has substantially expanded beyond its original 1994 purpose of coordinating transport strategy. Subsequent insertions and amendments have added: (a) comprehensive land acquisition, disposal and easement powers allowing the State and local governments to acquire, hold, lease, sell and dispose of transport land and to create transport‑specific easements (ss 25–27, 27A; ss 28AB–28AH); (b) dedicated provisions for busways and local tollways (pt 4A, pt 4B); (c) a biometric and digital identity infrastructure—compulsory digital photos and digitised signatures for many applicants, long retention rules, controlled access and deletion (pt 4C, ss 28EA–28EH); (d) participation in Commonwealth identity matching/document verification services and an identity‑sharing regime with permitted purposes and criminal penalties for misuse (pt 4D, ss 28EI–28EQ); and (e) a legal framework for approved apps and digital authorities/evidence of age/identity (pt 4E, ss 29AA–29AF). These additions move the statute from a specialist transport‑planning statute toward a broader statutory platform that combines infrastructure powers with digital identity, property and data‑sharing regimes. The mechanics (compulsory biometric capture, long retention periods, cross‑jurisdictional identity matching and wide administrative discretions) concretely extend the law’s scope into property, data governance and identity verification that were not central to the original strategic‑planning objective."},"complexity_factors":["Extensive cross‑references to multiple other Acts (Acquisition of Land Act 1967; Land Act 1994; Land Title Act 1994; Planning Act; Transport Infrastructure Act 1994; Judicial Review Act 1991; and Commonwealth identity systems).","Multiple discrete policy domains contained in one Act: strategic planning, land acquisition/disposal, easements, busway/tollway special rules, biometric data, national identity‑matching services, digital IDs and review/appeal procedures.","Layered and conditional retention rules for biometric data (s 28E definitions; s 28EB extension limits; s 28EH standard retention periods; s 28EHA special retention for learner licence/regulated matters).","Directory vs mandatory provisions—some parts impose non‑enforceable, declaratory obligations (s 8) while others create binding duties, offences and penalties (ss 8C, 28EQ, 36GA).","Special transitional and validation clauses (e.g. ss 28B, 28BA, s 39) that validate past acts and apply different rules depending on dates and commencements.","Multiple actor types and gatekeepers (Minister, chief executive, administrators for different transport Acts, local governments, approved agencies and Commonwealth host agencies), producing many permission paths and MoU requirements (ss 4, 22, 28E, 28EK, 36I).","Detailed property mechanics including resumption, offers to former owners, easements, successor obligations and valuation rules (ss 25–28, 27A, 28AB–28AH).","Administrative‑law overlay with non‑reviewable directory parts (s 8) and fully reviewable decision paths (pt 5), increasing interpretive complexity about when decisions are challengeable.","Criminal/penalty provisions and civil immunities that interact with operational information sharing (36GA, 36I–36M, 28EQ)."],"plain_english_summary":"**What this law does (mechanically)\n\n- Sets out a central role for a departmental \"chief executive\" to prepare and manage a statewide transport coordination plan (s 4–7). The plan must state objectives, spending-priorities and performance indicators (s 5), but preparing and following the plan is legally \"directory\" (not legally enforceable) (s 8).\n\n- Gives the chief executive broad strategic and coordination functions for transport and the power to act for the State in contracts, property dealings and other commercial activity to deliver transport outcomes (s 22, 24). The Act expressly preserves and co‑ordinates those functions with other transport laws (s 23).\n\n- Provides the State (acting through the chief executive) and local governments with express powers to acquire, resume, hold, lease, sell and dispose of land for transport purposes, including special rules for acquisitions for busways and tollways (ss 25–27, 28A–28C, 28D–28DA). It also sets out resale processes and easement powers where land is no longer required (s 27A).\n\n- Creates a statutory form of \"transport easement for support\" (special rights about lateral/subjacent/superjacent support between adjoining lots) and a set of rules about owners' rights and duties, entry notices and successors in title (ss 28AB–28AH, 39).\n\n- Adds a dedicated land‑use and transport coordination part requiring the chief executive to encourage integration of land use and public passenger transport, to publish guidance, and to be consulted as a referral or responsible agency under the Planning Act when development might affect public passenger transport (ss 8A–8E, 8B–8D).\n\n- Introduces a regime for taking, keeping and using biometric identifiers (digital photos and digitised signatures) for people applying for certain transport and other prescribed authorities: compulsory capture in many application circumstances, permitted uses (including reproduction on digital or physical ID), retention and shelf‑life rules, controlled access and deletion / destruction obligations (ss 28E, 28EA–28EF, 28EH, 28EE, 28EF, transitional provisions).\n\n- Enables participation in Commonwealth‑run identity matching services (document verification, face‑matching and related services). The chief executive may disclose identity information to the Commonwealth host or participating entities for tightly defined \"permitted purposes\" (e.g. investigation of identity fraud, improving road safety, missing persons, national security). It also creates offences and penalties for misuse (ss 28EI–28EQ).\n\n- Establishes a framework for digital authorities, digital evidence of age and digital evidence of identity (apps, approved formats, what information can be displayed and how it may be produced) and gives the chief executive power to approve apps (pt 4E, ss 29AA–29AF, 29AH–29AI).\n\n- Provides procedures for review and appeal of administrative decisions under transport Acts: time limits, stays, review panels, rehearing on appeal and related court powers (pt 5, ss 29–36B).\n\n- Allows controlled sharing of transport databases with approved agencies for law enforcement purposes under a memorandum of understanding, with protections, misuse offences and immunity for officers acting honestly and without negligence (ss 36I–36M). It also creates confidentiality offences for people involved in administering the Act (s 36GA).\n\nWho is directly affected\n\n- The State department and its chief executive: new and confirmed coordination, commercial and property powers (s 22, 24, 25–27).\n- Local governments: new consultation, notification and approval obligations where road works or changes to road management affect passenger services (ss 8C–8D); and explicit powers to acquire and dispose of land for local tollways (ss 28D–28DA).\n- Developers and landowners: must have regard to transport guidelines and may face conditions, referrals or restrictions through the Planning Act interactions (ss 8A–8E, 8B); may be subject to land resumption and easements (ss 25–27, 28AB–28AH, 27A).\n- Applicants for transport or other prescribed authorities: may be required to provide a digital photo and digitised signature; these are retained and used under defined rules (ss 28EA–28EH).\n- Police, authorised officials and Commonwealth agencies: receive limited access to biometric and identity data for permitted purposes and investigations (ss 28ED, 28EP–28EO, 36I–36M).\n- Third‑party app providers and IT operators: must comply with administrative rules where the chief executive approves apps for digital authorities (ss 29AF, reg power s 38).\n\nWhy it matters (stated purpose and tested against mechanics)\n\n- Stated policy objective: improve Queensland's economic and regional performance and quality of life by achieving transport effectiveness and efficiency through strategic planning (s 2). Mechanically, the Act tries to do that by centralising planning and giving the chief executive operational and property powers (ss 4, 22, 24–27).\n\n- Trade‑offs and incentives revealed by the mechanics:\n  - Centralisation and discretion: the Minister and chief executive have wide direction and approval powers (Minister may direct plan preparation and amendments—s 4(4); chief executive has broad State powers—s 24). That concentrates decision authority with the department and reduces legal enforceability of the plan itself (s 8). Concentration reduces coordination costs but raises reliance on administrative judgement.\n  - Property and commercial activity: the State can acquire and later lease or sell transport land (ss 25–27, 27A). This creates options to deliver infrastructure using public land, and to transfer projects (e.g. franchised roads, busways) to private operators. The mechanism transfers acquisition and commercial risk to the State in acquisition phase and allows later disposal to third parties—so the State pays acquisition/compensation costs but may recover value through sales/leases (s 27, 27A). Compensation rules and time limits for offers to former owners are specified (s 27A, s 28).\n  - Developer and local government compliance: developers must address transport impacts in planning referrals and may face guidelines (s 8B–8E). Local governments must notify and may need chief executive approval for road management changes that significantly affect scheduled services (s 8C–8D). These create procedural burdens on local governments and developers; the Act gives the chief executive formal leverage to protect passenger services.\n  - Data, identity and surveillance mechanics: the Act creates a compulsory‑capture route for biometric identifiers associated with licences and other authorities (s 28EA), long retention for photos where authorisation is granted (up to 30 years—s 28EH(2)(a)), and state participation in Commonwealth identity‑matching systems (ss 28EM–28EN, 28EI). Those mechanics lower practical friction for identity verification and fraud detection but impose privacy and data‑security obligations and create an evolving digital identity infrastructure under departmental control. The Act builds in limited oversight in the form of permitted purposes, access controls and criminal penalties for misuse (ss 28EP, 28EQ, 36GA).\n  - Implementation and intergovernmental coordination risk: the identity matching provisions depend on agreements with Commonwealth host agencies and participating entities (s 28EI, ss 28EK, 28EM–28EO). This introduces dependencies beyond the department's immediate control and requires technical and governance arrangements (agreements, MoUs, approved apps, websites—ss 8E, 29AF).\n\nConcrete behavioural effects the Act creates\n\n- Chief executive and Minister can steer strategic priorities, acquire land, enter commercial contracts and approve transfer or sale of transport land (s 24, 25–27).\n- Developers and councils must plan and consult with transport authorities earlier and may be constrained when projects affect passenger transport or infrastructure (s 8B–8D, s 8E guidance obligation).\n- Applicants for licences or other relevant authorities must submit digital photos and signatures in many circumstances; those images may be used for identity verification and included on physical or digital IDs (s 28EA, s 28EC).\n- Agencies and police may access stored photos and identity data for enumerated permitted purposes; misuse attracts penalties (ss 28ED, 28EP, 28EQ).\n\nCompliance burden and administrative discretion\n\n- The Act creates multiple procedural requirements (public consultation for plans s 4(2), notification obligations s 8C(3), application and timing rules s 8D(3), review/appeal timelines pt 5). These are concrete administrative loads for departments, local governments and applicants.\n- It also grants substantial discretionary powers (Ministerial directions on plans s 4(4), chief executive powers to extend photo shelf life s 28EB, to approve apps s 29AF and to disclose data under identity matching s 28EM). Where discretion is wide, the Act provides few hard constraints beyond the permitted‑purposes and reporting obligations, so administrative practice will determine outcomes.\n\nConcentrated benefits and diffuse costs (mechanisms, not a verdict)\n\n- Concentrated benefits: agencies and operators involved in delivering coordinated transport outcomes (and potentially private operators who buy transport land or run franchised/toll operations) can benefit from centralised land powers and data access (ss 24–27, 27A, 28D).\n- Diffuse costs: property owners, applicants, local governments and citizens bear compliance costs, potential loss of land through resumption, and privacy costs from long biometric retention and data‑sharing (ss 25–28, 28EA–28EH, 36I–36K). The Act prescribes compensation mechanics but not the political or administrative cost of acquisitions.\n\nKey sections to look at first if you need detail: s 4–8 (planning); ss 8A–8E (land use/transport coordination); ss 25–28 and 27A (land acquisition and disposal); pt 4C (biometric/data rules, s 28EA onward); pt 4D (identity matching services, s 28EI onward); pt 4E (digital authorities, ss 29AA–29AF); and pt 5 (review and appeals)."},"kimi_summary":{"_metrics":{"completionTokens":912},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act has expanded significantly from its original 1994 focus on strategic transport planning and coordination. Major additions include: Part 2A (2004) on land use integration; Part 4A (2000) for busway-specific land acquisition; Part 4B (2005) for local government tollways; Part 4C (2015) for biometric data management; Part 4D (2018) for national identity matching services; and Part 4E (2020) for digital authorities. The biometric and digital identity provisions in particular represent a substantial shift from infrastructure planning to personal data governance, with the Act now functioning as Queensland's primary legislative vehicle for participating in national facial recognition systems and digital identity verification."},"complexity_factors":["Multiple overlapping parts added at different times (1994, 2004, 2014, 2015, 2018, 2020, 2022, 2024) creating temporal layering","Extensive cross-referencing to other Acts: Transport Infrastructure Act 1994, Transport Operations (Road Use Management) Act 1995, Planning Act, Acquisition of Land Act 1967, Land Act 1994, Land Title Act 1994, and Commonwealth legislation","Nested conditional logic in biometric data retention (s.28EH) with multiple cascading conditions based on application type, age of applicant, and investigation status","Complex land acquisition powers with multiple purposes (transport, incidental, transport-associated development) and special rules for different infrastructure types (busways, tollways, light rail)","Detailed definitional sections with recursive definitions (e.g., 'active transport infrastructure' defined by reference to 'end of trip facility' with 8 sub-examples)","Transitional provisions spanning multiple amendment Acts with preserved operation of repealed sections","National identity matching provisions with 7 permitted purposes and interaction with Commonwealth-state agreements","Digital authority provisions with technology-specific requirements (approved apps, smartcards, refresh requirements)"],"plain_english_summary":"This Queensland legislation establishes the framework for strategic transport planning and coordination across the state. **What it does:**\n\n- **Transport Coordination Plans**: Requires the chief executive to develop periodic plans for managing transport resources, setting spending priorities, and measuring performance. These plans must align with broader government strategy and consider environmental policies, local government interests, and national transport strategies.\n\n- **Land Use Integration (Part 2A)**: Added in 2004, this requires development proposals to consider impacts on public transport and active transport (walking, cycling). Local governments must notify the chief executive before road works that affect bus routes, and must seek approval for road management changes that significantly impact scheduled passenger services.\n\n- **Property and Land Powers**: Gives the chief executive broad authority to acquire, hold, and dispose of land for transport purposes—including by compulsory acquisition (resumption). Includes special provisions for busways, local government tollways, and \"transport easements for support\" (rights to maintain structural support for transport infrastructure).\n\n- **Biometric Data (Part 4C)**: Governs collection, retention, and use of digital photos and signatures for transport authorities (licences, permits, etc.). Sets retention periods (generally 30 years for granted applications), allows facial recognition matching, and permits sharing with other jurisdictions for identity verification and law enforcement.\n\n- **National Identity Matching (Part 4D)**: Enables Queensland to participate in national facial recognition and document verification services for purposes including fraud prevention, national security, road safety, and missing persons investigations.\n\n- **Digital Authorities (Part 4E)**: Allows transport licences and permits to be issued and displayed digitally via approved apps, including as evidence of age or identity.\n\n- **Review and Appeals (Part 5)**: Establishes internal review by the chief executive and external appeals to courts or QCAT for decisions under transport legislation.\n\n**Who it affects**: Transport users, developers, local governments, property owners, and anyone applying for transport-related licences or authorities. The biometric and digital identity provisions affect millions of Queenslanders who hold driver licences or other transport credentials.\n\n**Why it matters**: This Act underpins how Queensland plans its transport future, balances development with public transport needs, manages land acquisition for infrastructure, and increasingly, how it handles personal biometric data in an interconnected national identity system."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/transport-planning-and-coordination-act-1994","history":"/api/acts/transport-planning-and-coordination-act-1994/history","analysis":"/api/acts/transport-planning-and-coordination-act-1994/analysis","conflicts":"/api/acts/transport-planning-and-coordination-act-1994/conflicts","importantCases":"/api/acts/transport-planning-and-coordination-act-1994/important-cases","documents":"/api/acts/transport-planning-and-coordination-act-1994/documents"}}