Part 14Savings and transitional provisions

Chapter 14—Savings and transitional provisions Part 1—Interim provisions relating to Ministers and Board 744—Responsible Ministers (1) This section applies if a jurisdiction— (a) is not a participating jurisdiction; but (b) has signed the Inter‑governmental Agreement on Heavy Vehicle Regulatory Reform, as in force from time to time, between the Commonwealth of Australia and the States and Territories of Australia. (2) The jurisdiction may nominate a Minister to be the responsible Minister for the jurisdiction for the purposes of this Law until the prescribed day for the jurisdiction. (3) Until the prescribed day for the jurisdiction, the relevant provisions of this Law apply as if— (a) the jurisdiction were a participating jurisdiction; and (b) the Minister nominated under subsection (2) were the responsible Minister for the jurisdiction for the purposes of this Law. (4) To remove any doubt, it is declared that this section does not prevent the Minister nominated under subsection (2) being nominated as the responsible Minister for the jurisdiction after the participation day for the jurisdiction. participation day, for a participating jurisdiction, means the day the jurisdiction became a participating jurisdiction; prescribed day, for a jurisdiction, means the earlier of the following: (a) the participation day for the jurisdiction; (b) 30 June 2014; relevant provisions means the provisions of this Law relating to the functions of responsible Ministers under this Law other than section 652. 745—Exercise of powers by Board between enactment and commencement (a) under section 30 of Schedule 1, the Queensland Minister, on the unanimous recommendation of the responsible Ministers, appoints the members of the Board before section 663 commences; and (b) a provision of this Law conferring a function on the Board (a relevant provision) has not commenced. (2) The members— (a) may meet and exercise the function under the relevant provision in the same way and subject to the same conditions that would apply if the relevant provision had commenced; and (b) in doing so, are entitled to be paid the remuneration and allowances to which the members are entitled under section 666 whether or not that section has commenced. (3) For the purposes of deciding the duration of the term of office of a member of the Board, the term does not start until section 663 commences despite the exercise of any function by the member under subsection (2). (4) The exercise of a function under a relevant provision does not confer a right, or impose a liability, on a person before the relevant provision commences. (5) This section does not limit section 30 of Schedule 1. Part 2—General provisions 746—Application of Part 2 (1) This Part has effect in relation to this jurisdiction except to the extent any law of this jurisdiction expressly or impliedly overrides a provision of this Part. (2) Nothing in this Part limits section 34 of Schedule 1, except to the extent that the context or subject matter otherwise indicates or requires. 747—Definitions for Part 2 commencement day, for this jurisdiction, means, with respect to a provision of this Law, the day this jurisdiction became a participating jurisdiction in relation to that provision; current PBS scheme means the scheme in operation immediately before the commencement day relating to compliance with legislative requirements for heavy vehicles by reference to performance based standards, and comprises such of the following instruments as are in force immediately before the commencement day— (a) the Standards and Vehicle Assessment Rules as at 10 November 2008; (b) the Assessor Accreditation Rules (July 2007); (c) the Vehicle Certification Rules (July 2007); (d) the Network Classification Guidelines (July 2007); (e) the Guidelines for Determining National Operating Conditions (July 2007); former legislation, of this jurisdiction, means legislation of this jurisdiction that is repealed on the participation day for this jurisdiction or is superseded by provisions of this Law on that day; participation day, for this jurisdiction, means the day this jurisdiction became a participating jurisdiction; relevant instrument— (a) means an application, permit, notice, authority or any other document; and (b) without limiting paragraph (a), includes any document prescribed by a law of this jurisdiction as being within this definition; but (c) does not include any document prescribed by a law of this jurisdiction as not being within this definition. 748—General savings and transitional provisions (1) This section applies if a provision of this Law corresponds to a provision of the former legislation. (2) Anything done under the provision of the former legislation before the commencement day has effect as if— (a) this Law had been in force when the thing was done; and (b) the thing had been done under this Law; and (c) any reference to a person in, or in relation to, the provision were a reference to the nearest equivalent person under this Law; and (d) any reference in, or in relation to, the provision to another provision of the former legislation were a reference to the corresponding provision of this Law; and (e) any other adaptations necessary to enable the thing to be effective under this Law have been made, and accordingly the thing is taken to have been done under this Law. (3) Subsection (2) does not apply to the following: (a) any appointment of a person as an authorised officer; (b) any appointment of any other person who was employed by the department or body administering the former legislation; (c) any prosecution of an offence that had not been completed immediately before the commencement day; (d) any review or appeal, or anything related to a review or appeal, that was unresolved immediately before the commencement day; (e) anything excluded from the operation of this section by the national regulations. (4) Any prosecution, review or appeal referred to in subsection (3)(c) or (d) is to proceed as if the former legislation were still in force in the form it was in at the relevant time before the commencement day. (5) On the final completion of any prosecution, review or appeal referred to in subsection (3)(c) or (d), it is to be treated as if it had occurred under this Law. (6) The Regulator is not liable for anything the Regulator is taken to have done under this section that was done before the commencement day. (7) Proceedings are not to be commenced by the Regulator for an offence arising from any action or inaction that was completed before the commencement day, but nothing in this section affects the commencement of proceedings by another person. (8) The national regulations may provide for, and from commencement day could always provide for— (a) the issue of mass or dimension authorities or HML declarations in replacement of instruments or authorisations preserved under subsection (2), without further procedural requirements under the Law; and (b) the further preservation of anything not covered by the replacement. HML declarations means HML declarations under the Heavy Vehicle (Mass, Dimension and Loading) National Regulation. 749—Expiry of certain permits, exemptions, notices and authorities (1) This section applies if a permit, exemption, notice or authority— (a) is taken to have been made under this Law under section 748; and (b) is not subject to an expiry date, or is subject to an expiry date— (i) that, in the case of a permit, exceeds 3 years after the commencement day; or (ii) that in any other case exceeds 5 years after the commencement day. (2) In the case of a permit, it expires 3 years after the commencement day, unless it is cancelled before that day. (3) In the case of an exemption, notice or authority, it expires 5 years after the commencement day, unless it is cancelled before that day. (4) Despite subsections (2) and (3), a modification approval granted in respect of a vehicle is to continue for the life of the vehicle. (5) For the purposes of this section, a permit that solely provides an exemption is to be considered to be an exemption. 750—Amendment or cancellation of instruments carried over from former legislation (1) This section applies to any instrument— (a) that is taken to have been made under this Law under section 748; and (b) that applies to more than one person and that confers a benefit on at least one person; and (c) that is of a class of instrument that is specified by the national regulations for the purposes of this section. (2) An amendment or cancellation of part of the instrument by implication does not affect the remainder of the instrument. If an instrument relates to mass and fatigue exemptions, a notice cancelling only the fatigue exemptions will not cancel the mass exemptions. The mass exemptions, and their associated conditions, will continue in force until they are separately amended, or until they expire. (3) Despite anything to the contrary in this Law, if the instrument is amended or cancelled and the amendment or cancellation has the effect of removing or reducing the benefit previously conferred on a person by the instrument, the person may continue to enjoy the benefit as if the amendment or cancellation had not occurred until the instrument would have expired had the amendment or cancellation not occurred. (4) Despite anything to the contrary in this Law other than subsection (3), the Regulator may amend or cancel the instrument simply by publishing a public notice of the amendment or cancellation. (a) 28 days after the Commonwealth Gazette notice is published under subsection (4); or (6) This section applies even to amendments and cancellations that occur by implication, and it is not necessary that the instrument being amended or cancelled be identified in the amending or cancelling notice. 751—Expiry of industry codes of practice (1) This section applies if a code of practice— (a) is taken to have been made under this Law under section 748; and (b) is not subject to a review date, or is subject to a review date that exceeds 3 years after the commencement day. (2) The code of practice expires 3 years after the commencement day, unless it is cancelled before that day. 752—Pending matters (a) section 748 applies to a relevant instrument (for example, an application); and (b) any matter (for example, the determination of an application) is pending in respect of the instrument immediately before the participation day for this jurisdiction. (2) When the matter is being dealt with on or after the participation day for this jurisdiction— (a) the Regulator (or other person having functions under this Law in relation to the matter) may have regard to any relevant provisions of the former legislation for this jurisdiction; and (b) this Law applies in relation to the matter— (i) with any adaptations the Regulator (or other person) considers appropriate to achieve consistency with provisions of the former legislation; and (ii) with any necessary adaptations. 753—Preservation of current PBS scheme (1) The instruments that comprise the current PBS scheme— (a) continue in force on and from the commencement day despite the commencement of any provision of this Law; and (b) apply with any necessary or appropriate modifications with respect to any relevant provisions of this Law or any relevant functions of the Regulator; and (c) so apply as if a reference in the instruments to the National Transport Commission included a reference to the Regulator. (2) This section ceases to apply to an instrument if it is replaced by approved guidelines or it is otherwise dispensed with. 754—Preservation of contracts for current PBS scheme (1) This section applies to a contract between the National Transport Commission and another person that relates to the appointment or functions of the person for the purposes of the current PBS scheme and that is in force immediately before the commencement day. (2) A contract to which this section applies and the arrangements to which the contract relates— (a) continue in force on and from the commencement day despite the commencement of any provision of this Law; and (b) apply with any necessary or appropriate modifications with respect to any relevant provisions of this Law or any relevant functions of the Regulator; and (c) so apply as if a reference in the contract to the National Transport Commission included a reference to the Regulator. (3) This section ceases to apply to a contract with another person referred to in subsection (1) if— (a) the contract is terminated; or (b) a subsequent contract is entered into with the Regulator and the other person for a similar or a corresponding purpose. 755—National regulations for savings and transitional matters (1) The national regulations may contain provisions of a savings and transitional nature consequent on the enactment or commencement of provisions of this Law in a jurisdiction. (2) Any such provision may, if the national regulations so provide, take effect in relation to this jurisdiction from the participation day for this jurisdiction or a later day. (3) To the extent any such provision takes effect from a day that is earlier than the date of its publication, the provision does not operate so as— (a) to affect, in a manner prejudicial to any person (other than this jurisdiction or an authority of this jurisdiction), the rights of that person existing before the date of its publication; or (b) to impose liabilities on any person (other than this jurisdiction or an authority of this jurisdiction) in respect of anything done or omitted to be done before the date of its publication. (4) Without limiting subsections (1) to (3), the national regulations may contain provisions of a savings or transitional nature that— (a) have effect in circumstances where some but not all the provisions of this Law are commenced; and (b) without limiting paragraph (a), modify the operation of the commenced provisions pending and after commencement of the uncommenced provisions. Part 3—Heavy Vehicle National Law Amendment Act 2015 (Queensland) 756—Application of section 87A to previously fitted plate or label Section 87A applies to tampering with a plate or label fitted or affixed to a heavy vehicle under section 86(2) or 87(3) before the commencement of section 87A. 757—Saving of stated map and other matters under section 119 or 142 (1) Subsections (2) to (5) apply to the following: (a) a stated map applied under unamended section 119(2) in a mass or dimension exemption (notice) in existence immediately before the commencement; (b) the areas or routes shown on the stated map immediately before the commencement; (c) a list of areas or routes applied, adopted or incorporated under Schedule 1, section 24(1) in a mass or dimension exemption (notice) in existence immediately before the commencement; (d) road conditions or travel conditions shown on a stated map or list mentioned in paragraph (a) or (c). (2) The stated map is taken to be a stated map applied under amended section 119(2). (3) The list of areas or routes is taken to be a stated list applied under amended section 119(2). (4) The road conditions or travel conditions are taken to be imposed under amended section 119(3). (5) The areas, routes, road conditions and travel conditions shown on the stated map mentioned in subsection (2) or stated list mentioned in subsection (3) may only be amended under amended section 119 and section 119A. (6) Subsections (7) to (10) apply to the following: (a) a stated map applied under unamended section 142(2) in a class 2 heavy vehicle authorisation (notice) in existence immediately before the commencement; (b) the areas or routes shown on the stated map immediately before the commencement; (c) a list of areas or routes applied, adopted or incorporated under Schedule 1, section 24(1) in a class 2 heavy vehicle authorisation (notice) in existence immediately before the commencement; (d) road conditions or travel conditions shown on a stated map or list mentioned in paragraph (a) or (c). (7) The stated map is taken to be a stated map applied under amended section 142(2). (8) The list of areas or routes is taken to be a stated list applied under amended section 142(2). (9) The road conditions or travel conditions are taken to be imposed under amended section 142(3). (10) The areas, routes, road conditions and travel conditions shown on the stated map mentioned in subsection (7) or the stated list mentioned in subsection (8) may only be amended under amended section 142 and section 142A. (11) In this section— amended, in relation to a section, means the section as amended by the amendment Act; amendment Act means the Heavy Vehicle National Law Amendment Act 2015 (Queensland); commencement means— (a) for the purposes of subsection (1)—the commencement of the amendment of section 119 under the amendment Act; or (b) for the purposes of subsection (6)—the commencement of the amendment of section 142 under the amendment Act; travel conditions means travel conditions required by the relevant road manager under section 161; unamended, in relation to a section, means the section as it existed immediately before it was amended by the amendment Act. 758—Application of section 737 to a new penalty (1) The repeal of an old penalty by the amendment Act repeals any increase, in force immediately before the repeal, in the amount of penalty applying under section 737. (2) The enactment of a new penalty includes the enactment of an increase, to take effect immediately on the commencement of the new penalty, in the amount of penalty applying under section 737. (3) For the purpose of applying section 737 under subsection (2) to a new penalty, the amount of penalty applying under section 737 is to be calculated as if— (a) the new penalty had commenced before 1 July 2014; and (b) the amount of penalty applying had been increased under section 737(2) on 1 July 2014 and any later 1 July happening before the new penalty actually commences. (4) Before the commencement of the new penalties, the Regulator must publish on the Regulator's website the amounts of each penalty applying under subsections (2) and (3) and under section 737 on the commencement of the new penalties. A list of all penalties to which section 737 applies must be published. amendment Act means the Heavy Vehicle National Law Amendment Act 2015 (Queensland); old penalty means a penalty that applied before the commencement of the amendment Act; new penalty means a penalty that applies after the commencement of the amendment Act. Part 4—Heavy Vehicle National Law and Other Legislation Amendment Act 2016 (Queensland) 759—Application of section 737 to a new penalty (1) The enactment of a new penalty by the amendment Act includes the enactment of an increase in the amount of penalty applying under section 737, to take effect when the new penalty commences. (2) For the purpose of applying section 737 under subsection (1) to a new penalty, the amount of penalty applying under section 737 is to be calculated as if— (a) the new penalty had commenced before 1 July 2014; and (b) the amount of penalty applying had been increased under section 737(2) on 1 July 2014 and any later 1 July happening before the new penalty actually commences. amendment Act means the Heavy Vehicle National Law and Other Legislation Amendment Act 2016 (Queensland); new penalty means a penalty stated at the end of a provision enacted by the amendment Act. Schedule 1—Miscellaneous provisions relating to interpretation section 10 1—Displacement of Schedule by contrary intention The application of this Schedule may be displaced, wholly or partly, by a contrary intention appearing in this Law. Part 2—General 2—Law to be construed not to exceed legislative power of Parliament (1) This Law is to be construed as operating to the full extent of, but so as not to exceed, the legislative power of the Parliament of this jurisdiction. (2) If a provision of this Law, or the application of a provision of this Law to a person, subject matter or circumstance, would, but for this section, be construed as being in excess of the legislative power of the Parliament of this jurisdiction— (a) it is a valid provision to the extent to which it is not in excess of the power; and (b) the remainder of this Law, and the application of the provision to other persons, subject matters or circumstances, is not affected. (3) This section applies to this Law in addition to, and without limiting the effect of, any provision of this Law. 3—Every section to be a substantive enactment Every section of this Law has effect as a substantive enactment without introductory words. 4—Material that is, and is not, part of this Law (1) The heading to a Chapter, Part, Division or Subdivision into which this Law is divided is part of this Law. (2) A Schedule to this Law is part of this Law. (3) Punctuation in this Law is part of this Law. (4) A heading to a section or subsection of this Law does not form part of this Law. (5) Notes included in this Law (including footnotes and endnotes) do not form part of this Law. 5—References to particular Acts and to enactments (a) an Act of this jurisdiction may be cited— (ii) by reference to the year in which it was passed and its number; and (b) a Commonwealth Act may be cited— (ii) in another way sufficient in a Commonwealth Act for the citation of such an Act, together with a reference to the Commonwealth; and (c) an Act of another jurisdiction may be cited— (ii) in another way sufficient in an Act of the jurisdiction for the citation of such an Act, together with a reference to the jurisdiction. 6—References taken to be included in Law or Act citation etc (1) A reference in this Law to this Law or an Act includes a reference to— (a) this Law or the Act as originally enacted, and as amended from time to time since its original enactment; and (b) if this Law or the Act has been repealed and re‑enacted (with or without modification) since the enactment of the reference—this Law or the Act as re‑enacted, and as amended from time to time since its re‑enactment. (2) A reference in this Law to a provision of this Law or of an Act includes a reference to— (a) the provision as originally enacted, and as amended from time to time since its original enactment; and (b) if the provision has been omitted and re‑enacted (with or without modification) since the enactment of the reference—the provision as re‑enacted, and as amended from time to time since its re‑enactment. (3) Subsections (1) and (2) apply to a reference in this Law to a law of the Commonwealth or another jurisdiction as they apply to a reference in this Law to an Act and to a provision of an Act. 7—Interpretation best achieving Law's purpose or object (1) In the interpretation of a provision of this Law, the interpretation that will best achieve the purpose or object of this Law is to be preferred to any other interpretation. (2) Subsection (1) applies whether or not the purpose or object is expressly stated in this Law. 8—Use of extrinsic material in interpretation (1) In this section— extrinsic material means relevant material not forming part of this Law, including, for example— (a) material that is set out in the document containing the text of this Law as printed by the Government Printer; and (b) a relevant report of a Royal Commission, Law Reform Commission, commission or committee of inquiry, or a similar body, that was laid before the Parliament of this jurisdiction before the provision concerned was enacted; and (c) a relevant report of a committee of the Parliament of this jurisdiction that was made to the Parliament before the provision was enacted; and (d) a treaty or other international agreement that is mentioned in this Law; and (e) an explanatory note or memorandum relating to the Bill that contained the provision, or any relevant document, that was laid before, or given to the members of, the Parliament of this jurisdiction by the member bringing in the Bill before the provision was enacted; and (f) the speech made to the Parliament of this jurisdiction by the member in moving a motion that the Bill be read a second time; and (g) material in the Votes and Proceedings of the Parliament of this jurisdiction or in any official record of debates in the Parliament of this jurisdiction; and (h) a document that is declared by this Law to be a relevant document for the purposes of this section; ordinary meaning means the ordinary meaning conveyed by a provision having regard to its context in this Law and to the purpose of this Law. (2) Subject to subsection (3), in the interpretation of a provision of this Law, consideration may be given to extrinsic material capable of assisting in the interpretation— (a) if the provision is ambiguous or obscure—to provide an interpretation of it; or (b) if the ordinary meaning of the provision leads to a result that is manifestly absurd or is unreasonable—to provide an interpretation that avoids such a result; or (c) in any other case—to confirm the interpretation conveyed by the ordinary meaning of the provision. (3) In determining whether consideration should be given to extrinsic material, and in determining the weight to be given to extrinsic material, regard is to be had to— (a) the desirability of a provision being interpreted as having its ordinary meaning; and (b) the undesirability of prolonging proceedings without compensating advantage; and (c) other relevant matters. 9—Effect of change of drafting practice If— (a) a provision of this Law expresses an idea in particular words; and (b) a provision enacted later appears to express the same idea in different words for the purpose of implementing a different legislative drafting practice, including, for example— (i) the use of a clearer or simpler style; or (ii) the use of gender‑neutral language, the ideas must not be taken to be different merely because different words are used. 10—Use of examples If this Law includes an example of the operation of a provision— (a) the example is not exhaustive; and (b) the example does not limit, but may extend, the meaning of the provision; and (c) the example and the provision are to be read in the context of each other and the other provisions of this Law, but, if the example and the provision so read are inconsistent, the provision prevails. 11—Compliance with forms (1) If a form is prescribed or approved by or for the purpose of this Law, strict compliance with the form is not necessary and substantial compliance is sufficient. (2) If a form prescribed or approved by or for the purpose of this Law requires— (a) the form to be completed in a specified way; or (b) specified information or documents to be included in, attached to or given with the form; or (c) the form, or information or documents included in, attached to or given with the form, to be verified in a specified way, the form is not properly completed unless the requirement is complied with. Part 3—Terms and references 12—Definitions (1) In this Law— Act means an Act of the Parliament of this jurisdiction; adult means an individual who is 18 or more; affidavit, in relation to a person allowed by law to affirm, declare or promise, includes affirmation, declaration and promise; amend includes— (a) omit or omit and substitute; or (b) alter or vary; or (c) amend by implication; appoint includes reappoint; Australia means the Commonwealth of Australia but, when used in a geographical sense, does not include an external Territory; business day means a day that is not— (a) a Saturday or Sunday; or (b) a public holiday, special holiday or bank holiday in the place in which any relevant act is to be or may be done; calendar month means a period starting at the beginning of any day of one of the 12 named months and ending— (a) immediately before the beginning of the corresponding day of the next named month; or (b) if there is no such corresponding day—at the end of the next named month; calendar year means a period of 12 months beginning on 1 January; commencement, in relation to this Law or an Act or a provision of this Law or an Act, means the time at which this Law, the Act or provision comes into operation; Commonwealth means the Commonwealth of Australia but, when used in a geographical sense, does not include an external Territory; confer, in relation to a function, includes impose; contravene includes fail to comply with; country includes— (a) a federation; or (b) a state, province or other part of a federation; date of assent, in relation to an Act, means the day on which the Act receives the Royal Assent; definition means a provision of this Law (however expressed) that— (a) gives a meaning to a word or expression; or (b) limits or extends the meaning of a word or expression; document includes— (a) any paper or other material on which there is writing; and (b) any paper or other material on which there are marks, figures, symbols or perforations having a meaning for a person qualified to interpret them; and (c) any disc, tape or other article or any material from which sounds, images, writings or messages are capable of being reproduced (with or without the aid of another article or device); electronic communication means— (a) a communication of information in the form of data, text or images by means of guided or unguided electromagnetic energy, or both; or (b) a communication of information in the form of sound by means of guided or unguided electromagnetic energy, or both, where the sound is processed at its destination by an automated voice recognition system; estate includes easement, charge, right, title, claim, demand, lien or encumbrance, whether at law or in equity; expire includes lapse or otherwise cease to have effect; external Territory means a Territory, other than an internal Territory, for the government of which as a Territory provision is made by a Commonwealth Act; fail includes refuse; financial year means a period of 12 months beginning on 1 July; foreign country means a country (whether or not an independent sovereign State) outside Australia and the external Territories; function includes a power or duty; Government Printer means the Government Printer of this jurisdiction, and includes any other person authorised by the Government of this jurisdiction to print an Act or instrument; individual means a natural person; information system means a system for generating, sending, receiving, storing or otherwise processing electronic communications; insert, in relation to a provision of this Law, includes substitute; instrument includes a statutory instrument; interest, in relation to land or other property, means— (a) a legal or equitable estate in the land or other property; or (b) a right, power or privilege over, or in relation to, the land or other property; internal Territory means the Australian Capital Territory, the Jervis Bay Territory or the Northern Territory; Jervis Bay Territory means the Territory mentioned in the Jervis Bay Territory Acceptance Act 1915 of the Commonwealth; make includes issue or grant; minor means an individual who is under 18; modification includes addition, omission or substitution; month means a calendar month; named month means 1 of the 12 months of the year; Northern Territory means the Northern Territory of Australia; number means— (a) a number expressed in figures or words; or (b) a letter; or (c) a combination of a number so expressed and a letter; oath, in relation to a person allowed by law to affirm, declare or promise, includes affirmation, declaration or promise; office includes position; omit, in relation to a provision of this Law or an Act, includes repeal; party includes an individual or a body politic or corporate; penalty includes forfeiture or punishment; person includes an individual or a body politic or corporate; power includes authority; prescribed means prescribed by, or by regulations made or in force for the purposes of or under, this Law; printed includes typewritten, lithographed or reproduced by any mechanical means; proceeding means a legal or other action or proceeding; property means any legal or equitable estate or interest (whether present or future, vested or contingent, or tangible or intangible) in real or personal property of any description (including money), and includes things in action; provision, in relation to this Law or an Act, means words or other matter that form or forms part of this Law or the Act, and includes— (a) a Chapter, Part, Division, Subdivision, section, subsection, paragraph, subparagraph, subsubparagraph or Schedule of or to this Law or the Act; and (b) a section, clause, subclause, item, column, table or form of or in a Schedule to this Law or the Act; and (c) the long title and any preamble to the Act; record includes information stored or recorded by means of a computer; repeal includes— (a) revoke or rescind; and (b) repeal by implication; and (c) abrogate or limit the effect of this Law or the instrument concerned; and (d) exclude from, or include in, the application of this Law or the instrument concerned any person, subject matter or circumstance; sign includes the affixing of a seal or the making of a mark; statutory declaration means a declaration made under an Act, or under a Commonwealth Act or an Act of another jurisdiction, that authorises a declaration to be made otherwise than in the course of a judicial proceeding; statutory instrument means an instrument (including a regulation) made or in force under or for the purposes of this Law, and includes an instrument made or in force under any such instrument; swear, in relation to a person allowed by law to affirm, declare or promise, includes affirm, declare or promise; word includes any symbol, figure or drawing; writing includes any mode of representing or reproducing words in a visible form; year, without specifying the type of year, means calendar year. (2) In a statutory instrument— the Law means this Law. 13—Provisions relating to defined terms and gender and number (1) If this Law defines a word or expression, other parts of speech and grammatical forms of the word or expression have corresponding meanings. (2) Definitions in or applicable to this Law apply except so far as the context or subject matter otherwise indicates or requires. (3) In this Law, words indicating a gender include each other gender. (4) In this Law— (a) words in the singular include the plural; and (b) words in the plural include the singular. 14—Meaning of 'may' and 'must' (1) In this Law, the word may, or a similar word or expression, used in relation to a power indicates that the power may be exercised or not exercised, at discretion. (2) In this Law, the word must, or a similar word or expression, used in relation to a power indicates that the power is required to be exercised. (3) This section has effect despite any rule of construction to the contrary. 15—Words and expressions used in statutory instruments (1) Words and expressions used in a statutory instrument have the same meanings as they have, from time to time, in this Law, or relevant provisions of this Law, under or for the purposes of which the instrument is made or in force. (2) This section has effect in relation to a statutory instrument except so far as the contrary intention appears in the instrument. 16—Effect of express references to bodies corporate and individuals In this Law, a reference to a person generally (whether the expression “person”, “party”, “someone”, “anyone”, “no‑one”, “one”, “another” or “whoever” or another expression is used)— (a) does not exclude a reference to a body corporate or an individual merely because elsewhere in this Law there is particular reference to a body corporate (however expressed); and (b) does not exclude a reference to a body corporate or an individual merely because elsewhere in this Law there is particular reference to an individual (however expressed). 17—Production of records kept in computers etc If a person who keeps a record of information by means of a mechanical, electronic or other device is required by or under this Law— (a) to produce the information or a document containing the information to a court, tribunal or person; or (b) to make a document containing the information available for inspection by a court, tribunal or person, then, unless the court, tribunal or person otherwise directs— (c) the requirement obliges the person to produce or make available for inspection, as the case may be, a document that reproduces the information in a form capable of being understood by the court, tribunal or person; and (d) the production to the court, tribunal or person of the document in that form complies with the requirement. 18—References to this jurisdiction to be implied (a) a reference to an officer, office or statutory body is a reference to such an officer, office or statutory body in and for this jurisdiction; and (b) a reference to a locality or other matter or thing is a reference to such a locality or other matter or thing in and of this jurisdiction. 19—References to officers and holders of offices In this Law, a reference to a particular officer, or to the holder of a particular office, includes a reference to the person for the time being occupying or acting in the office concerned. 20—Reference to certain provisions of Law If a provision of this Law refers— (a) to a Chapter, Part, section or Schedule by a number and without reference to this Law—the reference is a reference to the Chapter, Part, section or Schedule, designated by the number, of or to this Law; or (b) to a Schedule without reference to it by a number and without reference to this Law—the reference, if there is only one Schedule to this Law, is a reference to the Schedule; or (c) to a Division, Subdivision, subsection, paragraph, subparagraph, subsubparagraph, clause, subclause, item, column, table or form by a number and without reference to this Law—the reference is a reference to— (i) the Division, designated by the number, of the Part in which the reference occurs; and (ii) the Subdivision, designated by the number, of the Division in which the reference occurs; and (iii) the subsection, designated by the number, of the section in which the reference occurs; and (iv) the paragraph, designated by the number, of the section, subsection, Schedule or other provision in which the reference occurs; and (v) the paragraph, designated by the number, of the clause, subclause, item, column, table or form of or in the Schedule in which the reference occurs; and (vi) the subparagraph, designated by the number, of the paragraph in which the reference occurs; and (vii) the subsubparagraph, designated by the number, of the subparagraph in which the reference occurs; and (viii) the section, clause, subclause, item, column, table or form, designated by the number, of or in the Schedule in which the reference occurs, as the case requires. 21—Reference to provisions of this Law or an Act is inclusive In this Law, a reference to a portion of this Law or an Act includes— (a) a reference to the Chapter, Part, Division, Subdivision, section, subsection or other provision of this Law or the Act referred to that forms the beginning of the portion; and (b) a reference to the Chapter, Part, Division, Subdivision, section, subsection or other provision of this Law or the Act referred to that forms the end of the portion. A reference to “sections 5 to 9” includes both section 5 and section 9. It is not necessary to refer to “sections 5 to 9 (both inclusive)” to ensure that the reference is given an inclusive interpretation. Part 4—Functions and powers 22—Exercise of statutory functions (1) If this Law confers a function on a person or body, the function may be exercised from time to time as occasion requires. (2) If this Law confers a function on a particular officer or the holder of a particular office, the function may be exercised by the person for the time being occupying or acting in the office concerned. (3) If this Law confers a function on a body (whether or not incorporated), the exercise of the function is not affected merely because of vacancies in the membership of the body. 23—Power to make instrument or decision includes power to amend or repeal If this Law authorises or requires the making of an instrument or decision— (a) the power includes power to amend or repeal the instrument or decision; and (b) the power to amend or repeal the instrument or decision is exercisable in the same way, and subject to the same conditions, as the power to make the instrument or decision. 24—Matters for which statutory instruments may make provision (1) If this Law authorises or requires the making of a statutory instrument in relation to a matter, a statutory instrument made under this Law may make provision for the matter by applying, adopting or incorporating (with or without modification) the provisions of— (a) an Act or statutory instrument; or (b) another document (whether of the same or a different kind), as in force at a particular time or as in force from time to time. (2) If a statutory instrument applies, adopts or incorporates the provisions of a document, the statutory instrument applies, adopts or incorporates the provisions as in force from time to time, unless the statutory instrument otherwise expressly provides. (3) A statutory instrument may— (a) apply generally throughout this jurisdiction or be limited in its application to a particular part of this jurisdiction; or (b) apply generally to all persons, matters or things or be limited in its application to— (i) particular persons, matters or things; or (ii) particular classes of persons, matters or things; or (c) otherwise apply generally or be limited in its application by reference to specified exceptions or factors. (4) A statutory instrument may— (a) apply differently according to different specified factors; or (b) otherwise make different provision in relation to— (i) different persons, matters or things; or (ii) different classes of persons, matters or things. (5) A statutory instrument may authorise a matter or thing to be from time to time determined, applied or regulated by a specified person or body. (6) If this Law authorises or requires a matter to be regulated by statutory instrument, the power may be exercised by prohibiting by statutory instrument the matter or any aspect of the matter. (7) If this Law authorises or requires provision to be made with respect to a matter by statutory instrument, a statutory instrument made under this Law may make provision with respect to a particular aspect of the matter despite the fact that provision is made by this Law in relation to another aspect of the matter or in relation to another matter. (8) A statutory instrument may provide for the review of, or a right of appeal against, a decision made under the statutory instrument, or this Law, and may, for that purpose, confer jurisdiction on any court, tribunal, person or body. (9) A statutory instrument may require a form prescribed by or under the statutory instrument, or information or documents included in, attached to or given with the form, to be verified by statutory declaration. 25—Presumption of validity and power to make (1) All conditions and preliminary steps required for the making of a statutory instrument are presumed to have been satisfied and performed in the absence of evidence to the contrary. (2) A statutory instrument is taken to be made under all powers under which it may be made, even though it purports to be made under this Law or a particular provision of this Law. 26—Appointments may be made by name or office (1) If this Law authorises or requires a person or body— (a) to appoint a person to an office; or (b) to appoint a person or body to exercise a power; or (c) to appoint a person or body to do another thing, the person or body may make the appointment by— (d) appointing a person or body by name; or (e) appointing a particular officer, or the holder of a particular office, by reference to the title of the office concerned. (2) An appointment of a particular officer, or the holder of a particular office, is taken to be the appointment of the person for the time being occupying or acting in the office concerned. 27—Acting appointments (1) If this Law authorises a person or body to appoint a person to act in an office, the person or body may, in accordance with this Law, appoint— (a) a person by name; or (b) a particular officer, or the holder of a particular office, by reference to the title of the office concerned, to act in the office. (2) The appointment may be expressed to have effect only in the circumstances specified in the instrument of appointment. (3) The appointer may— (a) determine the terms and conditions of the appointment, including remuneration and allowances; and (b) terminate the appointment at any time. (4) The appointment, or the termination of the appointment, must be in, or evidenced by, writing signed by the appointer. (5) The appointee must not act for more than 1 year during a vacancy in the office. (6) If the appointee is acting in the office otherwise than because of a vacancy in the office and the office becomes vacant, then, subject to subsection (2), the appointee may continue to act until— (a) the appointer otherwise directs; or (b) the vacancy is filled; or (c) the end of a year from the day of the vacancy, whichever happens first. (7) The appointment ceases to have effect if the appointee resigns by writing signed and delivered to the appointer. (8) While the appointee is acting in the office— (a) the appointee has all the powers and functions of the holder of the office; and (b) this Law and other laws apply to the appointee as if the appointee were the holder of the office. (9) Anything done by or in relation to a person purporting to act in the office is not invalid merely because— (a) the occasion for the appointment had not arisen; or (b) the appointment had ceased to have effect; or (c) the occasion for the person to act had not arisen or had ceased. (10) If this Law authorises the appointer to appoint a person to act during a vacancy in the office, an appointment to act in the office may be made by the appointer whether or not an appointment has previously been made to the office. 28—Powers of appointment imply certain incidental powers (1) If this Law authorises or requires a person or body to appoint a person to an office— (a) the power may be exercised from time to time as occasion requires; and (b) the power includes— (i) power to remove or suspend, at any time, a person appointed to the office; and (ii) power to appoint another person to act in the office if a person appointed to the office is removed or suspended; and (iii) power to reinstate or reappoint a person removed or suspended; and (iv) power to appoint a person to act in the office if it is vacant (whether or not the office has ever been filled); and (v) power to appoint a person to act in the office if the person appointed to the office is absent or is unable to discharge the functions of the office (whether because of illness or otherwise). (2) The power to remove or suspend a person under subsection (1)(b) may be exercised even if this Law provides that the holder of the office to which the person was appointed is to hold office for a specified period. (3) The power to make an appointment under subsection (1)(b) may be exercised from time to time as occasion requires. (4) An appointment under subsection (1)(b) may be expressed to have effect only in the circumstances specified in the instrument of appointment. 29—Delegation of functions (1) If this Law authorises a person or body to delegate a function, the person or body may, in accordance with this Law and any other applicable law, delegate the function to— (a) a person or body by name; or (b) a specified officer, or the holder of a specified office, by reference to the title of the office concerned. (2) The delegation may be— (a) general or limited; and (b) made from time to time; and (c) revoked, wholly or partly, by the delegator. (3) The delegation, or a revocation of the delegation, must be in, or evidenced by, writing signed by the delegator or, if the delegator is a body, by a person authorised by the body for the purpose. (4) A delegated function may be exercised only in accordance with any conditions to which the delegation is subject. (5) The delegate may, in the exercise of a delegated function, do anything that is incidental to the delegated function. (6) A delegated function that purports to have been exercised by the delegate is taken to have been properly exercised by the delegate unless the contrary is proved. (7) A delegated function that is properly exercised by the delegate is taken to have been exercised by the delegator. (8) If, when exercised by the delegator, a function is dependent on the delegator's opinion, belief or state of mind, then, when exercised by the delegate, the function is dependent on the delegate's opinion, belief or state of mind. (9) If— (a) the delegator is a specified officer or the holder of a specified office; and (b) the person who was the specified officer or holder of the specified office when the delegation was made ceases to be the holder of the office, (c) the delegation continues in force; and (d) the person for the time being occupying or acting in the office concerned is taken to be the delegator for the purposes of this section. (10) If— (a) the delegator is a body; and (b) there is a change in the membership of the body, (c) the delegation continues in force; and (d) the body as constituted for the time being is taken to be the delegator for the purposes of this section. (11) If a function is delegated to a specified officer or the holder of a specified office— (a) the delegation does not cease to have effect merely because the person who was the specified officer or the holder of the specified office when the function was delegated ceases to be the officer or the holder of the office; and (b) the function may be exercised by the person for the time being occupying or acting in the office concerned. (12) A function that has been delegated may, despite the delegation, be exercised by the delegator. (13) The delegation of a function does not relieve the delegator of the delegator's obligation to ensure that the function is properly exercised. (14) Subject to subsection (15), this section applies to a subdelegation of a function in the same way as it applies to a delegation of a function. (15) If this Law authorises the delegation of a function, the function may be subdelegated only if the Law expressly authorises the function to be subdelegated. 30—Exercise of powers between enactment and commencement (1) If a provision of this Law (the empowering provision) that does not commence on its enactment would, had it commenced, confer a power— (a) to make an appointment; or (b) to make a statutory instrument of a legislative or administrative character; or (c) to do another thing, (d) the power may be exercised; and (e) anything may be done for the purpose of enabling the exercise of the power or of bringing the appointment, instrument or other thing into effect, before the empowering provision commences. (2) If a provision of a Queensland Act (the empowering provision) that does not commence on its enactment would, had it commenced, amend a provision of this Law so that it would confer a power— (a) to make an appointment; or (b) to make a statutory instrument of a legislative or administrative character; or (c) to do another thing, (d) the power may be exercised; and (e) anything may be done for the purpose of enabling the exercise of the power or of bringing the appointment, instrument or other thing into effect, before the empowering provision commences. (3) If— (a) this Law has commenced and confers a power to make a statutory instrument (the basic instrument‑making power); and (b) a provision of a Queensland Act that does not commence on its enactment would, had it commenced, amend this Law so as to confer additional power to make a statutory instrument (the additional instrument‑making power), (c) the basic instrument‑making power and the additional instrument‑making power may be exercised by making a single instrument; and (d) any provision of the instrument that required an exercise of the additional instrument‑making power is to be treated as made under subsection (2). (4) If an instrument, or a provision of an instrument, is made under subsection (1) or (2) that is necessary for the purpose of— (a) enabling the exercise of a power mentioned in the subsection; or (b) bringing an appointment, instrument or other thing made or done under such a power into effect, the instrument or provision takes effect— (c) on the making of the instrument; or (d) on such later day (if any) on which, or at such later time (if any) at which, the instrument or provision is expressed to take effect. (5) If— (a) an appointment is made under subsection (1) or (2); or (b) an instrument, or a provision of an instrument, made under subsection (1) or (2) is not necessary for a purpose mentioned in subsection (4), the appointment, instrument or provision takes effect— (c) on the commencement of the relevant empowering provision; or (d) on such later day (if any) on which, or at such later time (if any) at which, the appointment, instrument or provision is expressed to take effect. (6) Anything done under subsection (1) or (2) does not confer a right, or impose a liability, on a person before the relevant empowering provision commences. (7) After the enactment of a provision mentioned in subsection (2) but before the provision's commencement, this section applies as if the references in subsections (2) and (5) to the commencement of the empowering provision were references to the commencement of the provision mentioned in subsection (2) as amended by the empowering provision. (8) In the application of this section to a statutory instrument, a reference to the enactment of the instrument is a reference to the making of the instrument. Part 5—Distance, time and age 31—Matters relating to distance, time and age (1) In the measurement of distance for the purposes of this Law, the distance is to be measured along the shortest road ordinarily used for travelling. (2) If a period beginning on a given day, act or event is provided or allowed for a purpose by this Law, the period is to be calculated by excluding the day, or the day of the act or event, and— (a) if the period is expressed to be a specified number of clear days or at least a specified number of days—by excluding the day on which the purpose is to be fulfilled; and (b) in any other case—by including the day on which the purpose is to be fulfilled. (3) If the last day of a period provided or allowed by this Law for doing anything is not a business day in the place in which the thing is to be or may be done, the thing may be done on the next business day in the place. (4) If the last day of a period provided or allowed by this Law for the filing or registration of a document is a day on which the office is closed where the filing or registration is to be or may be done, the document may be filed or registered at the office on the next day that the office is open. (5) If no time is provided or allowed for doing anything, the thing is to be done as soon as possible, and as often as the prescribed occasion happens. (6) If, in this Law, there is a reference to time, the reference is, in relation to the doing of anything in a jurisdiction, a reference to the legal time in the jurisdiction. (7) For the purposes of this Law, a person attains an age in years at the beginning of the person's birthday for the age. Part 6—Effect of repeal, amendment or expiration 32—Time of Law ceasing to have effect If a provision of this Law is expressed— (a) to expire on a specified day; or (b) to remain or continue in force, or otherwise have effect, until a specified day, the provision has effect until the last moment of the specified day. 33—Repealed Law provisions not revived If a provision of this Law is repealed or amended by a Queensland Act, or a provision of a Queensland Act, the provision is not revived merely because the Queensland Act or the provision of the Queensland Act— (a) is later repealed or amended; or (b) later expires. 34—Saving of operation of repealed Law provisions (1) The repeal, amendment or expiry of a provision of this Law does not— (a) revive anything not in force or existing at the time the repeal, amendment or expiry takes effect; or (b) affect the previous operation of the provision or anything suffered, done or begun under the provision; or (c) affect a right, privilege or liability acquired, accrued or incurred under the provision; or (d) affect a penalty incurred in relation to an offence arising under the provision; or (e) affect an investigation, proceeding or remedy in relation to such a right, privilege, liability or penalty. (2) Any such penalty may be imposed and enforced, and any such investigation, proceeding or remedy may be begun, continued or enforced, as if the provision had not been repealed or amended or had not expired. 35—Continuance of repealed provisions If a Queensland Act repeals some provisions of this Law and enacts new provisions in substitution for the repealed provisions, the repealed provisions continue in force until the new provisions commence. 36—Law and amending Acts to be read as one This Law and all Queensland Acts amending this Law are to be read as one. Part 7—Instruments under Law 37—Schedule applies to statutory instruments (1) This Schedule applies to a statutory instrument, and to things that may be done or are required to be done under a statutory instrument, in the same way as it applies to this Law, and things that may be done or are required to be done under this Law, except so far as the context or subject matter otherwise indicates or requires. (2) The fact that a provision of this Schedule refers to this Law and not also to a statutory instrument does not, by itself, indicate that the provision is intended to apply only to this Law. Part 8—Application to coastal waters 38—Application This Law has effect in and in relation to the coastal waters of this jurisdiction as if the coastal waters were part of this jurisdiction.