Queensland TRANSPORT OPERATIONS (PASSENGER TRANSPORT) BILL 1994 TRANSPORT OPERATIONS (PASSENGER TRANSPORT) BILL 1994 TABLE OF PROVISIONS Section Page CHAPTER 1—PRELIMINARY 1 Short title 2.0... eee eee teen eee 10 2 Commencement ... 0... 6... eee eens 10 3 Objectives of Act... 6... ccc ee 10 4 Definitions—the dictionary ........... 0.000. 11 5 Act binds all persons... 0.06... 11 CHAPTER 2—RESPONSIBILITIES FOR TRANSPORT STRATEGIES AND PROGRAMS PART 1—PASSENGER TRANSPORT STRATEGIES 6 Development of passenger transport strategies. ..............00000005 12 7 Contents of passenger transport strategies ............ 0.00 eee eee eee 12 PART 2—PASSENGER TRANSPORT IMPLEMENTATION PROGRAMS 8 Development of passenger transport implementation programs.......... 13 9 Consistency with passenger transport strategies...........-....000005 14 10 Report on operation of passenger transport programs.................. 14 PART 3—CHIEF EXECUTIVE'S GENERAL ACCOUNTABILITIES 11 Obligations about public passenger transport ..................00000. 14 CHAPTER 3—OPERATOR ACCREDITATION 12 Purpose of operator accreditation... 0.0... 6... cee eee cece eee eee ee 15 13 What is operator accreditation? ......... 0... eee eee eee 15 14 Scope of operator accreditation ......... 00... e cece eee eee 16 15 Operator accreditation standards ........... 0.000 e cece eee eee 16 Transport Operations (Passenger Transport) 17192123 2527293133353941 Duties of operators... 0.66.6. 17 Responsibility for system of operator accreditation ................... 17 Granting, renewing or refusing operator accreditation ................. 17 Provisional operator accreditation ........... 0.0. e eee eee eee 18 Applicant to notify charge for disqualifying offence etc................ 18 Amendment, suspension and cancellation of operator accreditation ..... 18 Accredited operator to notify charge for disqualifying offence etc........ 19 Member of partnership must inform another partner of charge for disqualifying offence etc. 2... 6... ieee eee ees 19 CHAPTER 4—DRIVER AUTHORISATION Purpose of driver authorisation... 2.6.6.6... cece cece ee 20 What is driver authorisation? ............. 00 cece cece 20 Scope of driver authorisation ... 2.2... 0.0000 e ccc ceeeeeeee ee 20 Driver authorisation standards... 0.0.0.0... 0c c cece eee 21 Driver must hold appropriate authorisation ...................000000. 21 Responsibility for system of driver authorisation .................00.. 22 Granting, renewing or refusing driver authorisation ................... 22 Provisional driver authorisation .......... 0.0.00 eee 22 Applicant to notify charge for disqualifying offence etc................ 22 Amendment, suspension and cancellation of driver authorisations ....... 23 Authorised driver must notify charge for disqualifying offence etc. ...... 23 Authorised driver must notify suspension or cancellation of licence ete... 23 Obligation to notify accredited operator of suspension or cancellation of licence etc... 0.6... teeta 23 CHAPTER 5—MARKET ENTRY RESTRICTIONS Market entry restrictions... 2.00... 0... eee eee 24 CHAPTER 6—SERVICE CONTRACTS PART 1—PRELIMINARY Division 1—Application of service contracts Purpose of service contracts... 6.6.6... cece eee eee eee 25 What are service contracts? 0.2... . cee eee eee 25 Scope of service contracts 2.1... 2... 6c cece cece ete teens 25 Service contracts to include minimum service levels ...............-. 26 Transport Operations (Passenger Transport) 44 4648515358 6163 Other matters to be included in service contracts. ................0... 26 Division 2—Requirement for service contracts Declaration that service contracts are required. ...........-...0000005 27 Obligation to hold service contracts... 6.0.0... eee eee eee eee ee 28 Division 3—Administrative provisions Term of service contracts .... 2.0.0... eee eect een eee 28 Conditions of service contracts... 0.2.0... eee cece eee eee 28 Review of operator's performance ............. 00. e eee eee eee 28 Breach of service contracts... 0... . cece eee eee eens 30 Transfer or surrender of service contracts ......... 0.0... ee eee eee eee 30 PART 2—SCHEDULED PASSENGER SERVICES Division 1—Preliminary Application of Part... 0.0... 66. 30 Commercial and government funded service contracts ................ 30 Conditions of funding .... 0.0.6.6... 6. c cece eee eee 31 Approval of basis for funding or other financial assistance by State..... . 31 Special condition for government funded service contracts for the transport of eligible school children... 1.0.0.0... cece ee eee eee 32 Special condition for commercial service contracts for restricted School Services... 0... occ e cece 32 Division 2—Entering into service contracts for scheduled services Entering into a service contract for a scheduled service—no existing Operators . 2.6... eee eee tet 32 Entitlement of existing operators ........ 0.0.50 cece 33 Entering into a service contract for a scheduled service—single existing Operator... 6.6... eee eee nee ees 33 Entering into a service contract for a scheduled service—multiple existing operators .......... 6... cece ee eee eee 34 Matters to be considered .......... 0.60... cece eee eee 35 Amendments of service contracts ........... 000 c cece eee eee eee 35 Compensation ... 0.0.0.6... eect eee ene ee 36 Offer of new service contract .. 0.0.6... eee cece eee ees 36 PART 3—ADMINISTRATION OF TAXI SERVICES Application of Part... 0.0... 66. 37 Transport Operations (Passenger Transport) 6668 7072 2B757779 81 8385878991 Provision of taxi services .......... cee eee eee teenies 37 Taxi services to be provided only by taxis ............. 0.0000 e eee 37 Regulation may declare that service contracts are required ............ 38 Amendments of taxi service contracts .... 0.2.0.0... eee eee eee ee eee 38 CHAPTER 7—TAXI SERVICE LICENCES Purpose of taxi service licences... 6.0.0... eee cece eee 38 What are taxi service licences? .... 0.2.0... cece ee eee eee eee ee 38 Requirement for taxi service licences... . 2.0.6.0... cece cece 38 Taxi service areas 1.0... eee ene ene e nee 39 Issue of new taxi service licences ........ 2... 00. c ee ee eee eee ee eee 39 Term of taxi service licences... 12.0.0... cece eee ete eee 40 Conditions of taxi service licences .......... 0... c eee eee eee eee 40 Amendment of taxi service licence conditions ...................-0-5 41 Transfer, lease and surrender of taxi service licences ................. 41 Transfer of taxi service licences between areas ............-.-.-0-0-5 41 Limitation on number of licences held by single operator and ASSOCIALES 6 eet ete eee 42 Suspension and cancellation of taxi service licences ................. 42 Taxi subsidy scheme ...... 6.6.0.6. c cece eee eee 43 CHAPTER 8—LUXURY LIMOUSINE SERVICE LICENCES Purpose of luxury limousine service licences .............--.000 00005 43 What are luxury limousine service licences? ..............000 see ee 43 Requirement for luxury limousine service licences ................... 43 Luxury limousine service areaS .. 2.2... eee ees 43 No limit on number of licences held .............. 00.00 e eee eeee 44 Term of luxury limousine service licence. ..........0..00..00000000. 44 Conditions of luxury limousine service licences.............0...0204. 44 Amendment of luxury limousine service licence conditions............ 45 Transfer, lease and surrender of luxury limousine service licences ...... 45 Transfer of luxury limousine service licences between areas ........... 45 Suspension and cancellation of luxury limousine service licences....... 45 Transport Operations (Passenger Transport) 949698100103105107110 112114 CHAPTER 9—STANDARDS Making of standards .... 0.0.0... cece eee eee eens 46 Notice of proposal to prepare draft standard .................00.00 00 46 Preparation of draft standard... 0.0.0... eee 46 Notice of draft standard... 0.0... eee tet e teens 47 Preparation of standard ......... 00.00. c cece eee eee eens 47 Interim standards ....... 66... cece cece een eens 47 Regulations prevail over standards ..............5 0000 c cece cece eens 48 Review of standards .... 2.6.6... eee ete tenes 48 Direction to comply with standards ........... 002... e cece eee eee 48 CHAPTER 10—REVIEW OF AND APPEALS AGAINST DECISIONS PART 1—REVIEW OF DECISIONS Who may apply for review etc... 66... eee 48 Applying for review... 0.0.6... eee ee 49 Stay of operation of decision etc...... 0.6.6... cece eee ee 49 Reference to review panel ......... 6... cece cee ees 50 Review panels ....... 0.0.6 c eect ete nents 50 Consideration of application by review panel................000-0005 50 Decision on reconsideration ............ 0c c eee e cece eee es 51 PART 2—APPEALS Who may make an appeal .... 6.6... ees 51 Making appeals ......... 0... cece cece teen eee 51 CHAPTER 11—ENFORCEMENT PART 1—AUTHORISED PERSONS Appointment of authorised persons etc... 2.6.6... eee ee eee eee 52 Identity cards 1.2... teen eens 52 Production or display of authorised person's identity card.............. 53 Powers of authorised persons ........... 00 c cece eee eee eens 53 Protection from liability .......... 0... 54 PART 2—POWERS OF AUTHORISED PERSONS IN RELATION TO PLACES AND VEHICLES Entry of place... 0... eee ete 54 Transport Operations (Passenger Transport) 118120122 124127129131134 136139141 Warrants ©... neces 55 Warrants—applications made otherwise than in person................ 55 Entry or boarding of vehicles .......... 0... c cece eee eee ees 57 General powers in relation to places and vehicles..............-..4-- 58 Power to seize evidence... 6.6... eee teens 59 Procedure after thing seized... 2.0... 60 PART 3—OTHER ENFORCEMENT POWERS OF AUTHORISED PERSONS Power to require name and address ............ 02.00 e cece eee eee es 61 Power to require information from certain persons .................5.. 62 Power to require production of certain documents ..................4. 63 PART 4—OTHER ENFORCEMENT MATTERS False or misleading information .............000000 cece eee eee eee 63 False, misleading or incomplete documents ................-000 0000s 64 Compensation ... 0.0.0.6... eect eee ene ee 64 Authorised person to give notice of damage..............-.00 000000. 65 Consent to entry by an authorised person .............0 0000 eee eee ee 65 Obstruction of authorised person... 1.0.0.0... cece eee eee eeee 66 Impersonation of authorised person ........... 002.0. e cece e eee eee 66 CHAPTER 12—MISCELLANEOUS Transport arrangements for pupils............ 0.000 66 Impact of certain decisions by local governments on public passenger transport... 0.6.6.6. 67 Effect of decisions of Planning and Environment Court................ 68 Demand management .......... 6.0.0 c cece eee eee ees 69 Inquiries about person's suitability to hold accreditation or authorisation 6.2... 6. eee nett eee 69 Offences of dishonesty ........ 0.00... 69 Records and evidence from records ...........-. 0000 cece eee eee eee 70 Proceedings for offences... 0.0.00... cece eee ee 71 Attempt to commit offence ........ 0.0.0.6. cece eee eee eee eee 71 Regulations .... 0.66.6. c cece nent eens 71 Transport Operations (Passenger Transport) 144 146149151153155157159161163165 167169 CHAPTER 13—AMENDMENTS, REPEALS AND TRANSITIONAL PROVISIONS PART 1—AMENDMENTS AND REPEALS Amendments—Sch 3... 0.00... cc cece cece eee Repeals—Sch 4... 0.0.0... eee eens PART 2—SAVINGS AND TRANSITIONAL Application of Judicial Review Act to certain transitional decisions .... . Compensation not recoverable for certain decisions .................. Continued application of s 77 of State Transport Act to certain decisions ete. 2.6... eects Operators of scheduled passenger services ................000000000, Contracts to provide scheduled urban bus services.................... Arrangements for school transport—fixed term contracts............... Arrangements for school transport—other contracts................... Holders of licences to hire ...... 0.66... c cece cee eens Licensed areas for taxi and luxury limousine services................. Air transport where subsidy agreements apply ..................0200. Other air transport services for certain routes ..................00000. Provisional operator accreditation for existing operators............... Operator accreditation for courtesy and community transport services .... Transitional provisional driver authorisation for drivers................ Driver authorisation for courtesy and community vehicle drivers........ Transitional provisional driver authorisation for hire drivers ............ Authorised persons... 0... 0.20 Delegations... 0.0.0.0... 0 eee eee Offences 2.0.6... ieee tet e tte ents Preservation of financial arrangements ....................00 000000. Making of certain standards ............ 00.00.0002 cece eee ee PART 3—TRANSITION OF REFERENCES IN ACTS Application of Part... 2.0.0... eee eee Urban Passenger Service Proprietors Assistance Act 1975 references .... Urban Public Passenger Transport Act 1984 references................ State Transport Act 1960 references etc... 2.6.0... eee ee eee eee Transport Operations (Passenger Transport) 171174 PART 4— TRANSITION OF REFERENCES IN DOCUMENTS Application of Part... 2.0.0... eee eee Corporation references... 0... 0... eee eee Expiry of Part... 0... eee eee PART 5—TRANSITIONAL REGULATIONS Transitional regulations... 2.0.0.0... 0. eee eee ee Expiry of Part... 0... eee eee SCHEDULE 1 ........................ DISQUALIFYING OFFENCES—PROVISIONS OF THE CRIMINAL CODE SCHEDULE 2 ........................ APPEALS AGAINST ADMINISTRATIVE DECISIONS SCHEDULE 3 ........................ AMENDMENT OF ACTS STATE TRANSPORT ACT 1960 0.2.2.0... 0.2 eee eee eee eee STATE TRANSPORT (PEOPLE-MOVERS) ACT 1989 ............... TRAFFIC ACT 1949) 2... eee eee TRANSPORT INFRASTRUCTURE ACT 1994 ............0.....00.. TRANSPORT INFRASTRUCTURE (ROADS) ACT 1991 ............. SCHEDULE 4 ....................... REPEALS DICTIONARY ...................... A BILL FOR An Act about passenger transport, and for other purposes sl 10 s3 Transport Operations (Passenger Transport) The Parliament of Queensland enacts— CHAPTER 1—PRELIMINARY Short title 1. This Act may be cited as the Transport Operations (Passenger Transport) Act 1994. Commencement 2.(1) Subject to subsection (2), this Act commences on a day to be fixed by proclamation. (2) Amendments 5 to 8 of the Transport Infrastructure Act 1994 set out in Schedule 3 are taken to have commenced on | July 1994. Objectives of Act 3.(1) This Act is intended to achieve the provision of the best possible public passenger transport at reasonable cost to the community and government, keeping government regulation to a minimum. (2) However, this Act recognises that market entry restrictions may be needed in the public interest. (3) The overall objectives of this Act are, consistent with the objectives of the Transport Planning and Coordination Act 1994, to— (a) enable the effective planning and efficient management of public passenger transport in the State; and (b) provide a system of public passenger transport in the State that— (i) is responsive to community needs; and (11) offers an attractive alternative to private transport in a way that reduces the overall environmental, economic and social costs of passenger transport; and SO OX a 1316 18 20 22 24 s4 11 s5 Transport Operations (Passenger Transport) (111) addresses the challenges of future growth; and (iv) provides a high level of accountability; and (v) provides public passenger services at a reasonable cost to the community and government; and (c) provide a reasonable level of community access and mobility in support of the Government's social justice objectives; and (d) provide an adequate framework for coordinating the different forms of public passenger transport to form a comprehensive, integrated and efficient system. Definitions—the dictionary 4.(1) The dictionary at the end of this Act defines particular words used in this Act. (2) To remove any doubt, the dictionary is a Schedule. Act binds all persons 5.(1) In this section— "government entity" includes— (a) the State, the Commonwealth or another State; or (b) an instrumentality or agent of the State, the Commonwealth or another State. (2) This Act binds all persons, including every government entity. (3) However, a regulation may exempt a government entity from this Act or a provision of this Act. oon nn Bw NY 12 1517 19 22 s6 12 s7 Transport Operations (Passenger Transport) CHAPTER 2—RESPONSIBILITIES FOR TRANSPORT STRATEGIES AND PROGRAMS PART 1—PASSENGER TRANSPORT STRATEGIES Development of passenger transport strategies 6.(1) The chief executive must, from time to time, develop for the Minister's approval passenger transport strategies designed to give effect to the Transport Coordination Plan in accordance with this Act's objectives. (2) In developing passenger transport strategies, the chief executive must take reasonable steps to engage in public consultation. (3) The Minister may, at any time, direct the chief executive to prepare new passenger transport strategies for the Minister's approval or to amend passenger transport strategies in the way the Minister directs. (4) The Minister may approve passenger transport strategies submitted for approval by the chief executive or require the chief executive to amend the strategies in the way the Minister directs. (5) The Minister must table a copy of each passenger transport strategy, and each amendment of a passenger transport strategy, approved by the Minister in the Legislative Assembly within 5 sitting days after it is approved. Contents of passenger transport strategies 7.(1) Passenger transport strategies must include— (a) astatement of the specific objectives sought to be achieved; and (b) proposals for the provision of public passenger transport; and (c) criteria for deciding priorities for government spending on public passenger transport, and options for raising the necessary finance; and (d) appropriate performance indicators for deciding whether, and to 2123 26 s8 13 s8 Transport Operations (Passenger Transport) what extent, the objectives of the strategies have been achieved. (2) Passenger transport strategies must aim to provide an adequate framework for coordinating and integrating the provision of passenger transport between the different transport modes and different levels of government. (3) Passenger transport strategies may also take into account agreements between the State and the Commonwealth, other States and local governments about passenger transport. PART 2—PASSENGER TRANSPORT IMPLEMENTATION PROGRAMS Development of passenger transport implementation programs 8.(1) Before the start of each financial year, the chief executive must develop for the Minister's approval passenger transport implementation programs for the year and for | or more later years. (2) A passenger transport implementation program must include a statement of— (a) the policies, projects and financial provisions for implementing the passenger transport strategies; and (b) the performance targets to be achieved. (3) A passenger transport implementation program may include proposals to spend amounts not directly related to public passenger transport if the proposals would contribute to the effectiveness and efficiency of public passenger transport. (4) In developing passenger transport implementation programs, the chief executive must take reasonable steps to engage in public consultation. (5) A passenger transport implementation program must be made available to the public in a way decided by the Minister. (6) The Minister may at any time direct the chief executive to amend a passenger transport implementation program. CID ARwWwn 1316 18 2123 25 27 29 s9 14 sll Transport Operations (Passenger Transport) (7) The Minister may approve passenger transport implementation programs submitted for approval by the chief executive or require the chief executive to amend the programs in the way the Minister directs. Consistency with passenger transport strategies 9.1) Subject to directions of the Minister, a passenger transport implementation program must be consistent with the passenger transport strategies. (2) If the Minister gives a direction under this section resulting in a passenger transport implementation program being inconsistent with passenger transport strategies, the Minister must table a copy of the direction in the Legislative Assembly within 5 sitting days after it is given. Report on operation of passenger transport programs 10. Each annual report of the department must include a report on the implementation of passenger transport implementation programs during the year to which the report relates. PART 3—CHIEF EXECUTIVE'S GENERAL ACCOUNTABILITIES Obligations about public passenger transport 11.(1) The chief executive must ensure— (a) public passenger transport is developed in a way that— (i) takes into account national and international benchmarks and best practice; and (11) promotes, within overall transport objectives, the safety of passengers; and (111) encourages efficient, competitive and commercial behaviour in the provision of public passenger transport; and wn BPSouwunmn ADN ee 1417 1922 24 26 s12 15 s 13 Transport Operations (Passenger Transport) (iv) ensures a strategic and integrated approach to the provision of public passenger transport; and (v) promotes energy efficiency and reduces adverse environmental impact; and (b) public passenger transport operates to achieve— (i) efficiency; and (11) cost effectiveness; and (11) the highest quality and accessibility of services, and effective infrastructure, consistent with reasonable cost; and (c) funding provided by the State for public passenger transport is applied in an efficient, cost effective and equitable way. (2) Each annual report of the department must include a report on how effect has been given to subsection (1) during the year to which the report relates. CHAPTER 3—OPERATOR ACCREDITATION Purpose of operator accreditation 12. The purpose of operator accreditation is to encourage the high quality operation of public passenger services by— (a) raising standards and awareness of operators in the areas of safety, service delivery and business acumen; and (b) ensuring public passenger service operators are held accountable for complying with appropriate standards. What is operator accreditation? 13. "Operator accreditation" is a qualification an operator of certain public passenger transport services must attain and maintain to provide the services. Bw Ne = ee BEo Cm IAD YN eli andilend RwWN 18 20 22 26 s14 16 $15 Transport Operations (Passenger Transport) Scope of operator accreditation 14.(1) The categories of public passenger service for which operator accreditation is required are— (a) scheduled passenger services; and (b) long distance scheduled passenger services; and (c) charter bus services; and (d) tourist services; and (e) taxi services; and (f) luxury limousine services; and (g) courtesy transport services; and (h) community transport services; and (i) other categories of public passenger services prescribed by regulation. (2) However, operator accreditation is not required for— (a) public passenger services provided by Queensland Railways; or (b) air services; or (c) a type of public passenger service exempted by regulation. Operator accreditation standards 15. Standards about operator accreditation may relate to— (a) the applicant's capacity to ensure the appropriate operation and maintenance of public passenger vehicles; and (b) the applicant's ability to provide a quality public passenger service; and (c) an operator's responsibility to comply with vehicle design, safety and operational requirements; and (d) the applicant's business management skills, including, expertise in timetabling, route planning, marketing, customer services and Cm NN DW PB WN YD eS eK Oo ion' wn Se Se See YN HD wn £& 19 21 23 25 27 s 16 17 s 18 Transport Operations (Passenger Transport) financial management; and (e) other matters prescribed by regulation.! Duties of operators 16. A person must not provide a public passenger service for which operator accreditation is required under this Act unless— (a) the person is accredited to operate the service; and (b) the person uses appropriately authorised drivers. Maximum penalty—160 penalty units. Responsibility for system of operator accreditation 17.(1) The chief executive is responsible for administering the scheme of operator accreditation. (2) If a person to whom the chief executive delegates powers about operator accreditation that are prescribed by regulation fails, without reasonable excuse, to comply with a condition of the delegation, the person commits an offence. Maximum penalty—160 penalty units. Granting, renewing or refusing operator accreditation 18.(1) A regulation may make provision about granting, renewing, or refusing to grant or renew, operator accreditation. (2) Without limiting subsection (1), a regulation may authorise the chief executive to refuse to grant a person operator accreditation if— (a) for an individual—the person has been convicted of a disqualifying offence or has been charged with a disqualifying offence and the charge has not been finally disposed of; or (b) for a member of a partnership—the person, or another member of the partnership, has been convicted of a disqualifying offence 1 Chapter 9 deals with the making of standards. oN DA nk wo 11 1315 19 21 2326 s19 18 s21 Transport Operations (Passenger Transport) or has been charged with a disqualifying offence and the charge has not been finally disposed of; or (c) for a corporation—the person, or an executive officer of the corporation, has been convicted of a disqualifying offence or has been charged with a disqualifying offence and the charge has not been finally disposed of. Provisional operator accreditation 19. A regulation may provide for granting, or refusing to grant, operator accreditation on a provisional basis. Applicant to notify charge for disqualifying offence etc. 20.(1) If an applicant for an operator accreditation is charged with a disqualifying offence, the applicant must immediately notify the chief executive under the regulations. (2) When the charge is dealt with, the applicant must immediately notify the chief executive under the regulations of the outcome of the charge. Maximum penalty—10 penalty units. Amendment, suspension and cancellation of operator accreditation 21.(1) A regulation may make provision about amending, suspending or cancelling operator accreditation. (2) Without limiting subsection (1), a regulation may authorise the chief executive to suspend or cancel a person's operator accreditation if— (a) for an individual—the person is convicted of a disqualifying offence; or (b) for a member of a partnership—the person, or another member of the partnership, is convicted of a disqualifying offence; or (c) for a corporation—the person, or an executive officer of the person, is convicted of a disqualifying offence. (3) Without limiting subsection (1), a regulation may authorise the chief executive immediately to suspend a person's operator accreditation if— DAunbkRwW Ne 1215 19 21 23 25 27 29 s 22 19 s 23 Transport Operations (Passenger Transport) (a) (b) for an individual—the person is charged with a disqualifying offence or the chief executive otherwise considers it necessary in the public interest; or for a member of a partnership—the person, or another member of the partnership, is charged with a disqualifying offence or the chief executive otherwise considers it necessary in the public interest; or for a corporation—the person, or an executive officer of the person, is charged with a disqualifying offence or the chief executive otherwise considers it necessary in the public interest. Accredited operator to notify charge for disqualifying offence etc. 22.(1) A person who is an accredited operator must immediately notify the chief executive under the regulations if— for an individual—the person is charged with a disqualifying offence; or for a member of a partnership—the person, or another member of the partnership, is charged with a disqualifying offence; or for a corporation—the person, or an executive officer of the person, is charged with a disqualifying offence. (2) When the charge is dealt with, the person must immediately notify the chief executive under the regulations of the outcome of the charge. Maximum penalty—10 penalty units. Member of partnership must inform another partner of charge for disqualifying offence etc. 23.(1) A member of a partnership that is an accredited operator must immediately inform, under the regulations, another member of the partnership if the member is charged with a disqualifying offence. (2) When the charge is dealt with, the member must immediately inform, under the regulations, another member of the partnership of the outcome of the charge. (3) An executive officer of a corporation that is an accredited operator lan olle <) NAW Dp Wpmore 13 15 17 19 21 24 2629 s 24 20 s 26 Transport Operations (Passenger Transport) must immediately inform, under the regulations, another executive officer of the operator if the executive officer is charged with a disqualifying offence. (4) When the charge is dealt with, the executive officer must immediately inform, under the regulations, another executive officer of the operator of the outcome of the charge. Maximum penalty—10 penalty units. CHAPTER 4—DRIVER AUTHORISATION Purpose of driver authorisation 24. The purpose of driver authorisation is to ensure drivers of public passenger vehicles— (a) are capable of safely operating the relevant type of vehicle; and (b) are aware of their customer service responsibilities; and (c) conduct themselves appropriately. What is driver authorisation? 25. "Driver authorisation" is a qualification a driver of a vehicle providing certain public passenger transport services must attain and maintain to operate the vehicle while providing the services. Scope of driver authorisation 26.(1) The categories of public passenger service for which driver authorisation is required are— (a) scheduled passenger services; and (b) long distance scheduled passenger services; and (c) charter bus services; and (d) tourist services; and NY DWF WwW NR 11 131721 2325 $27 21 s 28 Transport Operations (Passenger Transport) (e) taxi services; and (f) luxury limousine services; and (g) courtesy transport services; and (h) community transport services; and (i) other categories of public passenger services prescribed by regulation. (2) However, driver authorisation is not required for— (a) public passenger services provided by Queensland Railways; or (b) air services; or (c) a type of public passenger service exempted by regulation. Driver authorisation standards 27. Standards about driver authorisation may— (a) relate to the applicant's ability to operate safely a public passenger vehicle of the relevant category; and (b) include requirements about the applicant's medical fitness; and (c) require compliance with the Anti-Discrimination Act 1991; and (d) relate to customer service and other matters prescribed by regulation.2 Driver must hold appropriate authorisation 28. A person must not operate a public passenger vehicle providing a public passenger service for which driver authorisation is required unless the person is an appropriately authorised driver. Maximum penalty—30 penalty units. 2 Chapter 9 deals with the making of standards. Oo Oa ANY DN FW NY e Oo 12 14 16 18 21 s 29 22 s 32 Transport Operations (Passenger Transport) Responsibility for system of driver authorisation 29.(1) The chief executive is responsible for administering the scheme of driver authorisation. (2) If a person to whom the chief executive delegates powers about driver authorisation that are prescribed by regulation fails, without reasonable excuse, to comply with a condition of the delegation, the person commits an offence. Maximum penalty—160 penalty units. Granting, renewing or refusing driver authorisation 30.(1) A regulation may make provision about granting, renewing, or refusing to grant or renew, driver authorisation. (2) Without limiting subsection (1), a regulation may authorise the chief executive to refuse to grant a person driver authorisation if the person has been convicted of a disqualifying offence or has been charged with a disqualifying offence and the charge has not been finally disposed of. Provisional driver authorisation 31. A regulation may provide for granting, or refusing to grant, driver authorisation on a provisional basis, including provisional authorisation in an emergency. Applicant to notify charge for disqualifying offence etc. 32.(1) If an applicant for driver authorisation is charged with a disqualifying offence, the applicant must immediately notify the chief executive under the regulations. (2) When the charge is dealt with, the applicant must immediately notify the chief executive under the regulations of the outcome of the charge. Maximum penalty—10 penalty units. aonanes£ Wn 11 1315 182225 s 33 23 s 36 Transport Operations (Passenger Transport) Amendment, suspension and cancellation of driver authorisations 33.(1) A regulation may make provision about amending, suspending or cancelling driver authorisations. (2) Without limiting subsection (1), a regulation may authorise the chief executive to suspend or cancel a person's driver authorisation if the person is convicted of a disqualifying offence. (3) Without limiting subsection (1), a regulation may authorise the chief executive immediately to suspend a person's driver authorisation if the person is charged with a disqualifying offence or the chief executive otherwise considers it necessary in the public interest. Authorised driver must notify charge for disqualifying offence etc. 34.(1) An authorised driver must immediately notify the chief executive under the regulations if the driver is charged with a disqualifying offence. (2) When the charge is dealt with, the authorised driver must immediately inform the chief executive under the regulations of the outcome of the charge. Maximum penalty—10 penalty units. Authorised driver must notify suspension or cancellation of licence etc. 35. Ifa licence or other authorisation required under another Act to drive a vehicle of a type to which a person's driver authorisation relates is suspended or cancelled, the person must immediately notify the chief executive under the regulations. Maximum penalty—10 penalty units. Obligation to notify accredited operator of suspension or cancellation of licence etc. 36. If— (a) a licence or other authorisation required under another Act to drive a vehicle of a type to which a person's driver authorisation SC OMN DAU WHY e 13 1519 2123 26 29 837 24 837 Transport Operations (Passenger Transport) relates is suspended or cancelled; or (b) aperson's driver authorisation is suspended or cancelled; and the authorised driver drives a vehicle for an accredited operator, the person must immediately notify the operator under the regulations. Maximum penalty—10 penalty units. CHAPTER 5—MARKET ENTRY RESTRICTIONS Market entry restrictions 37.(1) A regulation may declare that a public passenger service is to be provided with market entry restrictions. (2) Before a regulation is made under subsection (1), the Minister must be of the opinion that the following criteria are met, or can be met or substantially met— (a) the level of services would be greater than the level that would otherwise be provided; (b) access to public passenger transport would be greater than would otherwise be achieved; (c) service innovation would be greater than would otherwise be achieved; (d) the particular public passenger services would better meet the Government's social justice objectives at a lower cost to the Government than would otherwise be achieved. nA BW NY 1114 16 18 20 s 38 25 s 40 Transport Operations (Passenger Transport) CHAPTER 6—SERVICE CONTRACTS PART 1—PRELIMINARY Division 1—Application of service contracts Purpose of service contracts 38. The purpose of service contracts is to hold accredited operators accountable for minimum performance levels to ensure the communities served under the contracts receive, at a reasonable cost, quality and innovative public passenger services. What are service contracts? 39.(1) A "service contract" is a contract between the chief executive for the State and an operator under which the operator is required to provide a public passenger service for an area or route in a way that meets or exceeds performance levels stated in the contract. (2) If— (a) a regulation has been made under section 37 (Market entry restrictions) for a public passenger service; and (b) the chief executive has declared, under section 43 (Declaration that service contracts are required), that a service contract is required to provide the service for an area or a route; a service contract may provide the operator with the exclusive right to operate the public passenger service for the area or route. Scope of service contracts 40. The categories of public passenger service for which service contracts may be required are— (a) scheduled passenger services; and AaANDYN fF 1113 16 1821 24 s41 26 s 42 Transport Operations (Passenger Transport) (b) administration of taxi services; and (c) ferry services; and (d) air services; and (e) another category of public passenger services prescribed by regulation. Service contracts to include minimum service levels 41.1) A service contract must state minimum service levels to be complied with by the operator. (2) Minimum service levels for a particular public passenger service must specify— (a) the periods when the public passenger service is to be provided; and (b) the nature, frequency and extent of the public passenger service during the periods or particular parts of the periods. (3) Minimum service levels must have regard to— (a) the needs of the community for whose benefit the service is provided; and (b) service levels in comparable communities, whether in Queensland, elsewhere in Australia or in a foreign country; and (c) the cost of service provision. Other matters to be included in service contracts 42.(1) A service contract may— (a) establish performance outcomes for frequency, regularity, punctuality and accessibility; and (b) establish performance outcomes for customer information and service; and (c) establish principles for fare setting; and (d) establish performance levels for the quality and type of public passenger vehicles; and 22 24 26 29 s 43 27 s 43 Transport Operations (Passenger Transport) (f) (g) (h) (i) 0) (k) (I) establish criteria for government payments under the contract; and require the operator to provide or fund infrastructure associated with providing the public passenger service; and require the operator to have or develop a business plan outlining how the performance levels are to be achieved; and require the operator to establish a management information system to monitor, record and report periodically on performance; and require the operator to provide the chief executive with information the chief executive may require; and establish performance outcomes for other aspects of the way the operator provides the public passenger service or carries on business; and provide for the payment of compensation by the operator if the operator contravenes a condition of the contract, including, for example, compensation for the cost of providing the service through another operator; and include other terms required by the chief executive. (2) The chief executive— (a) (b) is obliged under a service contract to act in a reasonable way to facilitate the contract's operation; and has the other obligations stated in the contract. Division 2—Requirement for service contracts Declaration that service contracts are required 43.(1) This section applies to a public passenger service to which a regulation under section 37 (Market entry restrictions) applies. (2) The chief executive may, by public notice, declare that a service contract is required to provide the public passenger services for a specified area or route. 26 28 s 44 28 847 Transport Operations (Passenger Transport) Obligation to hold service contracts 44. A person must not provide a public passenger service for an area or route if the area or route is a service contract area or route for public passenger services of that type unless the person is entitled to provide the public passenger service under— (a) aservice contract; or (b) an agreement with the holder of a service contract. Maximum penalty— (a) if an operator has the exclusive right to operate the public passenger service for the area or route—160 penalty units; or (b) inany other case—30 penalty units. Division 3—Administrative provisions Term of service contracts 45.(1) A service contract is for a term of 5 years. (2) However, the chief executive may, in special circumstances, enter into temporary service contracts for a shorter term to ensure continuity of public passenger services. (3) Subsection (1) is subject to the following sections— * section 48 (Breach of service contracts) * section 54 (Special condition for government funded service contracts for the transport of eligible school children). Conditions of service contracts 46. A service contract is subject to conditions agreed by the parties. Review of operator's performance 47.(1) The chief executive may arrange for reviews of an operator's performance under a service contract. SCO OND WNBWN LD eS an a N 14 1619 21 23 26 s47 29 847 Transport Operations (Passenger Transport) (2) However, each service contract must be reviewed as near as practicable to the middle of the term of the contract (a "midterm review"). (3) A service contract may also be reviewed at another time if the parties agree. (4) Each operator under a service contract must, for a midterm review, conduct a market based needs assessment for public passenger services of the relevant type for the contract area or route. (5) The chief executive may make, and distribute to operators, guidelines to which operators must have regard in conducting assessments under subsection (4). (6) The chief executive must take into account any relevant research done by the operator. (7) If, on a review, it is shown that the operator— (a) has taken all reasonable steps to fulfil the contract and actively promoted the use of public passenger transport; but (b) has not achieved the patronage levels agreed to by the chief executive and the operator; the chief executive may review the operator's minimum service levels or work with the operator to achieve increased patronage. (8) If, after a review, the chief executive is of the opinion the operator's performance has been inadequate in a significant respect, the chief executive— (a) must notify the operator of the inadequacy; and (b) may require the operator to take specified steps to remedy the inadequacy. (9) If an operator fails to take the required steps to remedy the inadequacy within the time allowed by the chief executive, the chief executive may, by notice to the operator, terminate the service contract. (10) Compensation is not recoverable from anyone (including the chief executive and the State) for or in relation to the termination of the service contract under subsection (9). SCM YAWN BW NH 12 15 17 19 2125 2730 s 48 30 s51 Transport Operations (Passenger Transport) Breach of service contracts 48.(1) The chief executive may, by notice given to an operator, amend, suspend or cancel the operator's service contract if the operator contravenes a condition of the contract. (2) Before taking action against a person under subsection (1), the chief executive must give the person written notice of the intended action, and allow the person an opportunity to make written representations about the intended action within 10 working days. Transfer or surrender of service contracts 49. The holder of a service contract may, with the chief executive's approval— (a) transfer the operator's rights and liabilities under the contract to another operator; or (b) surrender the contract. PART 2—SCHEDULED PASSENGER SERVICES Division 1—Preliminary Application of Part 50. This Part applies only to scheduled passenger services. Commercial and government funded service contracts 51.(1) Service contracts for scheduled passenger services are classified as commercial service contracts or government funded service contracts. (2) A "commercial service contract" is a service contract under which the operator is remunerated from revenue generated by passengers' fares. (3) A "government funded service contract" is a contract under which CADAYN PWN 11 13 18 21 23 s 52 31 s 53 Transport Operations (Passenger Transport) the operator is remunerated— (a) entirely from government payments for services provided; or (b) partly from revenue generated by fares and partly from government payments for services provided. (4) Reimbursement for government specified fare concessions is to be treated as remuneration from revenue generated by passengers' fares. Conditions of funding 52.(1) If an operator is required under a service contract to provide concessions, the contract must also provide for a scheme under which the operator will be reimbursed for the concessions by government funding. (2) A service contract may require the operator to provide improved levels of productivity. (3) A service contract may require the operator to provide a discount for infants, children and school students. Approval of basis for funding or other financial assistance by State 53.(1) The chief executive may enter into a service contract providing for funding or other financial assistance by the State only if the Minister has approved the basis on which the funding or other financial assistance is to be provided. (2) In considering whether to give an approval under subsection (1), the Minister must have regard to the principle that funding or other financial assistance by the State for scheduled passenger services should be provided principally for— (a) scheduled passenger services that the Government requires to be provided and that would not be provided, or provided at the same level, without funding or other financial assistance by the State; and (b) reimbursement for Government specified fare concessions. (3) Each annual report of the department must include— (a) details of funding or other financial assistance provided by the DAN BPW NY 12 14 1719 2123 2629 $54 32 s 56 Transport Operations (Passenger Transport) State to each operator who receives funding or other financial assistance during the year to which the report relates; and (b) reasons for the funding or other financial assistance. Special condition for government funded service contracts for the transport of eligible school children 54. A government funded service contract about the transport of eligible school children must include a condition that the contract may be terminated or amended if the number of eligible school children using the service changes significantly. Special condition for commercial service contracts for restricted school services 55. A commercial service contract may include a condition that the provision of transport of students to particular schools may be provided by another operator over the service contract area or route, or part of the service contract area or route, as a restricted school service for which there will be no government funding. Division 2—Entering into service contracts for scheduled services Entering into a service contract for a scheduled service—no existing operators 56. If— (a) an area or route is identified under section 43 (Declaration that service contracts are required) for a public passenger service; and (b) no-one is providing a public passenger service of that kind for the area or route; the chief executive must, by public notice, invite submissions from the public, whether by tender or in another way, for a service contract to provide the public passenger service for the area or route. Ne w CMID np 131519 22 24 26 s57 33 s 58 Transport Operations (Passenger Transport) Entitlement of existing operators 57.(1) Each operator who provides a public passenger service for a service contract area or route is entitled to the first opportunity to offer to provide a public passenger service of that kind for the area or route. (2) This section does not apply to an operator under a service contract that states that this section does not apply to it. Entering into a service contract for a scheduled service—single existing operator 58.(1) This section applies if a single operator was providing a public passenger service for an area or route and— (a) the area or route or part of the area or route is identified under section 43 (Declaration that service contracts are required) for the public passenger service; or (b) a service contract for the public passenger service for the area or route is to expire. (2) However, this section does not apply to an operator under a service contract that states that this section does not apply to it. (3) If this section applies, the chief executive must, by written notice, invite the operator to offer, whether by tender or in another way, for a service contract to provide the public passenger service for the area or route. (4) If— (a) no response is made to the invitation within 60 days after it is made; or (b) the response does not meet or substantially meet the requirements of section 60 (Matters to be considered); the chief executive must, by public notice, invite submissions from the public, whether by tender or in another way, for a service contract to provide a public passenger service of that kind for the area or route. Dun FBWN on 1215 17 1923 25 27 s59 34 s59 Transport Operations (Passenger Transport) Entering into a service contract for a scheduled service—multiple existing operators 59.(1) If— (a) an area or route is identified under section 43 (Declaration that service contracts are required) for a public passenger service; and (b) 2 or more people (the "operators") were providing public passenger services of that kind for the area or route or part of the area or route; and (c) the chief executive is of the opinion that, for the purpose of entering into a service contract for the provision of a public passenger service of that kind for the area or route, rationalisation, joint operation or amalgamation of, or other arrangement between, the operators is required; the chief executive must give the operators written notice that they are required to work out, within 60 days, a form of rationalisation, joint operation, amalgamation or other arrangement that achieves a just compromise of their respective rights. (2) If the chief executive is satisfied 1 or more of the operators was not willing to negotiate a just compromise of their respective rights, the chief executive may enter into a service contract with the remaining operators. (3) If— (a) no response is made within 60 days after the notices are given or any further period allowed by the chief executive under subsection (4); or (b) the responses do not meet or substantially meet the requirements of section 60 (Matters to be considered); the chief executive must, by public notice, invite submissions from the public, whether by tender or in another way, for a service contract to provide a public passenger service of that kind for the area or route. (4) The chief executive may, within the period of 60 days mentioned in subsection (3)(a), allow the operators a further period of not more than 60 days. (5) Subsection (3)(a) does not apply if the chief executive is satisfied the operators are making substantial progress towards a form of rationalisation, CAD HDR WHY 1113 1517 192326 283134 s 60 35 s 61 Transport Operations (Passenger Transport) joint operation, amalgamation or other arrangement that achieves a just compromise of their respective rights. (6) However, subsection (3)(a) again applies to the operators if the chief executive notifies them, in writing, that the chief executive is no longer satisfied that they are making substantial progress. (7) Only 1 extension may be granted under subsection (4). Matters to be considered 60.(1) The chief executive is not obliged to accept any offer for a service contract. (2) In deciding between 2 or more offers for a service contract, the chief executive must accept the offer the chief executive considers the most advantageous in the public interest having regard to— (a) the needs of the community for whose benefit the service is provided; and (b) the ability of each offerer to meet the minimum service levels and other standards of performance specified in the offer; and (c) the cost of service provision; and (d) the need for sustainability and continuity of services; and (e) matters prescribed by regulation. Amendments of service contracts 61.(1) The chief executive may amend the area or route of a service contract if the chief executive is satisfied the amendment is necessary— (a) to extend services into developing areas; or (b) because of changed traffic conditions or for reasons of public safety; or (c) for improvement of services in the public interest. (2) Before making a decision under this section, the chief executive must give the operator written notice of the intended action and allow the operator the first opportunity to offer to provide the amended services. nH A PpRW Noe 1114 16 1822 25 28 s 62 36 s 63 Transport Operations (Passenger Transport) Compensation 62.(1) If— (a) an existing operator or operators are not awarded a service contract for the area or route, or part of the area or route, for which the operator or operators were providing services; or (b) a decision is made under section 61 (Amendments of service contracts) and the existing operator or operators do not wish to provide the services for the amended area or route; the chief executive may require the new operator, as a condition of the new service contract, to pay compensation to the existing operator or operators. (2) If submissions for the new service contract were invited from the public, the chief executive may act under subsection (1) only if the invitation stated that this section applied to the contract. (3) The amount of compensation is to be decided by agreement between the operators or, if there is no agreement, by an arbitrator appointed by the parties. (4) A regulation may make provision about matters to be considered, or not considered, in deciding the amount of compensation. (5) The Commercial Arbitration Act 1990 applies to the arbitration. Offer of new service contract 63.(1) If— (a) an operator's performance under a service contract has been satisfactory; and (b) the chief executive proposes to offer a new service contract at the end of the term for the same, or substantially the same, service contract area or route; the chief executive must, by written notice, invite the operator to offer, whether by tender or in another way, for the new contract. (2) The chief executive may invite offers from the public or someone else only if the operator— (a) refuses the invitation; or 21 23 26 28 30 s 64 37 s 66 Transport Operations (Passenger Transport) (b) fails to respond to the invitation within a time (of at least 60 days) allowed by the chief executive; or (c) fails to make an offer that meets or substantially meets the requirements of section 60 (Matters to be considered). (3) This section does not apply to an operator under a service contract that states that this section does not apply to it. PART 3—ADMINISTRATION OF TAXI SERVICES Application of Part 64. This Part applies only to the administration of taxi services. Provision of taxi services 65. A person administers a taxi service if the person carries on a business in the course of which— (a) bookings for taxi services are accepted; and (b) taxis are assigned to customers; whether or not the person operates all or some of the taxis used to provide the services. Taxi services to be provided only by taxis 66.(1) If a person who administers a taxi service receives a request for the services of a taxi, the person must not— (a) provide a vehicle that is not a taxi; or (b) suggest to the person who made the request that the person accept a vehicle that is not a taxi. Maximum penalty—160 penalty units. (2) To meet demand during peak patronage periods, the chief executive may exempt a person from subsection (1). nn Bw Ne 12 14 16 19 22 25 s 67 38 s71 Transport Operations (Passenger Transport) Regulation may declare that service contracts are required 67. A regulation may declare that, on and from a day to be fixed by the chief executive by Gazette notice, the administration of taxi services in an area must be performed under a service contract. Amendments of taxi service contracts 68.(1) The chief executive may amend the conditions of a taxi service contract if the chief executive is satisfied that the amendment is necessary to extend services into developing areas or for improvement of services in the public interest. (2) Before making a decision under this section, the chief executive must give the operator written notice of the intended action, and allow the operator a reasonable opportunity to make written representations about the intended action within 10 working days. CHAPTER 7—TAXI SERVICE LICENCES Purpose of taxi service licences 69. The purpose of taxi service licences is to ensure that the communities served by taxis receive quality and innovative taxi services at a reasonable cost. What are taxi service licences? 70. A "taxi service licence" is a licence issued by the chief executive under which the holder is required to provide a taxi service in an area in a way that meets or exceeds specified performance levels. Requirement for taxi service licences 71. A person must not provide a taxi service using a vehicle unless the BRwWN ona wn 12172124 s 72 39 s 73 Transport Operations (Passenger Transport) person has a taxi service licence to provide the service with the vehicle. Maximum penalty—160 penalty units. Taxi service areas 72.(1) This section applies to a taxi service to which a regulation under section 37 (Market entry restrictions) applies. (2) The chief executive may, by public notice, declare a taxi service area. (3) The chief executive may, by public notice, fix the number of taxi service licences for a taxi service area. (4) In fixing the number of taxi service licences for a taxi service area, the chief executive must— (a) ensure there are enough taxi service licences for the area to meet public demand; and (b) take into account— (i) _ the views of users of taxi services in the area; and (11) recent changes in travel patterns in the area; and (11) the types of taxi services available in the area; and (iv) the performance of the existing taxi fleet in the area; and (v) the productivity of the fleet. Issue of new taxi service licences 73.(1) Before the chief executive issues a new taxi service licence for a taxi service area, the chief executive must, by public notice, invite offers to purchase the taxi service licence— (a) stating— (i) _ the intention to issue the licence; and (11) if licences have been previously issued for the area—the most recent prices for which licences have been transferred; and (b) calling for offers for the taxi service licence. 2124 26 s 74 40 s 75 Transport Operations (Passenger Transport) (2) The chief executive is not obliged to accept any offer for a taxi service licence. Term of taxi service licences 74.(1) A taxi service licence is for a term of 5 years. (2) However, it may be renewed for successive terms of 5 years if its conditions are complied with. (3) The renewal of a taxi service licence may be for a shorter term if the applicant asks for a shorter term. (4) This section does not apply to a taxi service licence issued on a nonrenewable basis. Conditions of taxi service licences 75.(1) A taxi service licence is subject to the conditions stated in it by the chief executive. (2) The conditions of a taxi service licence must— (a) require the operator to use a particular type of vehicle or a vehicle of a type approved for taxis by the chief executive; and (b) specify the taxi service area to which the taxi service licence applies; and (c) require the operator not to charge more than the maximum fares prescribed by regulation; and (d) require the operator to display a distinctive registration plate on the vehicle distinguishing it as a taxi. (3) The conditions of a taxi service licence may— (a) require that the operator have access to a continuously operating booking service; and (b) require the operator— (1) to cooperate with the holder of a taxi service contract; and (11) to comply with all reasonable requests to provide taxi services made by the holder of the contract; and Ne SCO MON DAN BW e 13 16 18 20 22 25 27 29 s 76 41 s 78 Transport Operations (Passenger Transport) (11) not to act in a way likely to prevent the holder of the taxi service contract complying with the conditions of the contract; and (c) require the operator to install and maintain stated equipment in taxis; and (d) require that the operator only operate the taxi on a stated day or at stated times; and (e) make other requirements of an operator. (4) The holder of a taxi service licence must not contravene a condition of the licence. Maximum penalty for subsection (4)—40 penalty units. Amendment of taxi service licence conditions 76.(1) A regulation may authorise the chief executive to amend the conditions of a taxi service licence if the chief executive is satisfied the amendment is necessary for improving taxi services in the public interest. (2) A regulation may also authorise the amendment of taxi service licences in other circumstances and make other provision about amending taxi service licences. Transfer, lease and surrender of taxi service licences 77. A regulation may make provision about transferring, leasing or surrendering taxi service licences. Transfer of taxi service licences between areas 78.(1) The chief executive may amend the conditions of a taxi service licence applying to a particular taxi service area so that it applies to another taxi service area if— (a) the holder of the licence successfully offers for a transfer to the relevant taxi service area following the calling of offers by public notice; or (b) the taxi service areas are amalgamated; or SCO OND WB WNL 141721 2427 s 79 42 s 80 Transport Operations (Passenger Transport) (c) the holder of the licence applies for a transfer to the relevant taxi service area. (2) If, in the chief executive's opinion, the value of taxi service licences in the area to which the licence is to be transferred is greater than in the area from which the licence is transferred, the chief executive may require as a condition of the transfer that the operator pay to the chief executive an amount representing the difference in value. (3) This section does not limit the power to make regulations about amending taxi service licences. Limitation on number of licences held by single operator and associates 79. A regulation may make provision about limiting the number of licences held, leased or managed by a single operator (and persons who are, under the regulations, associates of the operator) in a taxi service area. Suspension and cancellation of taxi service licences 80.(1) A regulation may make provision about suspending and cancelling taxi service licences. (2) Without limiting subsection (1), a regulation may authorise the chief executive to suspend or cancel a person's taxi service licence if— (a) the person contravenes this Act or a condition of the licence; or (b) the person holds, leases or manages more than the maximum allowed number of taxi service licences. (3) Without limiting subsection (1), a regulation may authorise the chief executive to suspend immediately a person's taxi service licence if the chief executive considers it necessary in the public interest. (4) Without limiting subsection (1), if the operator accreditation of the holder of a taxi service licence is suspended or cancelled— (a) for suspension—the licence is suspended while the accreditation is suspended; or (b) for cancellation—the licence is suspended until it is transferred to an accredited operator. CH IADWAAW NY 1317 19 22 2427 29 31 s 81 43 s 85 Transport Operations (Passenger Transport) Taxi subsidy scheme 81. A regulation may provide a scheme under which the State pays the whole or a part of taxi fares for particular groups. CHAPTER 8—LUXURY LIMOUSINE SERVICE LICENCES Purpose of luxury limousine service licences 82. The purpose of luxury limousine service licences is to ensure that the communities served under the licences receive luxury quality, unscheduled public passenger services. What are luxury limousine service licences? 83. A "luxury limousine service licence" is a licence issued by the chief executive under which the holder is required to provide a luxury limousine service in an area in a way that meets or exceeds specified performance levels. Requirement for luxury limousine service licences 84. A person must not provide a luxury limousine service using a vehicle unless the person has a luxury limousine service licence to provide the service with the vehicle. Maximum penalty—160 penalty units. Luxury limousine service areas 85. The chief executive may, by public notice, declare a luxury limousine service area. Nn Corn a 1214 1722 s 86 44 s 88 Transport Operations (Passenger Transport) No limit on number of licences held 86. There is no limit on the number of luxury limousine service licences a person may hold. Term of luxury limousine service licence 87.(1) A luxury limousine service licence is for a term of 5 years. (2) However, it may be renewed for successive terms of 5 years if its conditions are complied with. (3) The renewal of a luxury limousine service licence may be for a shorter term if the applicant asks for a shorter term. Conditions of luxury limousine service licences 88.(1) A luxury limousine service licence is subject to the conditions stated in it by the chief executive. (2) The conditions of a luxury limousine service licence must— (a) prohibit the operator from operating a luxury limousine service unless an earlier booking has been made; and (b) require the operator to use a luxury motor vehicle; and (c) specify the luxury limousine service area to which the luxury limousine service licence applies; and (d) require the operator to display a distinctive registration plate on the vehicle distinguishing it as a luxury limousine. (3) The conditions of a luxury limousine licence may— (a) restrict the operation of the luxury limousine service to particular occasions, including, for example, weddings; or (b) make other requirements of an operator; or (c) allow the operator in specified circumstances to ply for hire from and to specified locations. (4) The holder of a luxury limousine service licence must not contravene a condition of the licence. Maximum penalty for subsection (4)—40 penalty units. w 0M ND Ww gp 12 15 18 20 23 26 28 s 89 45 s 92 Transport Operations (Passenger Transport) Amendment of luxury limousine service licence conditions 89.(1) A regulation may authorise the chief executive to amend the conditions of a luxury limousine service licence if the chief executive is satisfied the amendment is necessary for improving luxury limousine services in the public interest. (2) A regulation may also authorise the amendment of luxury limousine service licences in other circumstances and make other provisions about amending luxury limousine service licences. Transfer, lease and surrender of luxury limousine service licences 90. A regulation may make provision about transferring, leasing or surrendering luxury limousine service licences. Transfer of luxury limousine service licences between areas 91.1) The chief executive may amend the conditions of a luxury limousine service licence applying to a particular luxury limousine service area so that it applies to another luxury limousine service area. (2) This section does not limit the power to make regulations about amending luxury limousine service licences. Suspension and cancellation of luxury limousine service licences 92.1) A regulation may make provision about suspending and cancelling luxury limousine service licences. (2) Without limiting subsection (1), a regulation may authorise the chief executive to suspend or cancel a person's luxury limousine service licence if the person contravenes this Act or a condition of the licence. (3) Without limiting subsection (1), a regulation may authorise the chief executive to suspend immediately a person's luxury limousine service licence if the chief executive considers it necessary in the public interest. (4) Without limiting subsection (1), if the operator accreditation of the holder of a luxury limousine service licence is suspended or cancelled— (a) for suspension—the licence is suspended while the accreditation onan nA BW hd 11 1417 20 2226 28 s 93 46 s 95 Transport Operations (Passenger Transport) is suspended; or (b) for cancellation—the licence is suspended until it is transferred to an accredited operator. CHAPTER 9—STANDARDS Making of standards 93.(1) The chief executive may make standards under this Act. (2) A standard is subordinate legislation. (3) A standard is not effective until it is approved by the Governor in Council. Notice of proposal to prepare draft standard 94.(1) Before making a standard about a matter, the chief executive must give public notice of a proposal to prepare a draft standard about the matter. (2) The notice must— (a) invite submissions on the proposal from public authorities, industry, interested groups and persons, and the public; and (b) state where copies of the proposal may be inspected or obtained; and (c) specify a day, not earlier than 14 days from public notice or first public notice of the proposal, by which submissions may be made to the chief executive about the proposal. Preparation of draft standard 95. In preparing the draft standard, the chief executive must ensure the draft standard— (a) sets out its purposes; and Como NN Dw 12 15 17 1923 s 96 47 s 98 Transport Operations (Passenger Transport) (b) takes into account national and international benchmarks and best practices. Notice of draft standard 96.(1) When the draft standard has been prepared, the chief executive must give public notice of the draft standard. (2) The notice must— (a) invite submissions on the draft standard from public authorities, interested groups and persons, and the public; and (b) state where copies of the draft standard may be inspected or obtained; and (c) specify the day, not earlier than 14 days from public notice or first public notice of the draft standard, by which submissions may be made to the chief executive about the draft standard. Preparation of standard 97. In preparing the standard, the chief executive must have regard to the advice and submissions properly received about the draft standard. Interim standards 98.(1) If the chief executive is satisfied that, for reasons of urgency, it is necessary or desirable to make a standard on an interim basis, the chief executive may make the standard even though the following sections have not been complied with— * section 94 (Notice of proposal to prepare draft standard) * section 95 (Preparation of draft standard) * section 96 (Notice of draft standard) * section 97 (Preparation of standard). (2) The interim standard must include a sunset provision stating the interim standard expires 6 months after its commencement. Ne oN DA nk Ww 1216 1921 2327 s 99 48 s 102 Transport Operations (Passenger Transport) Regulations prevail over standards 99.(1) If there is an inconsistency between a regulation and a standard, the regulation prevails to the extent of the inconsistency. (2) Subsection (1) applies whether the standard was made before or after the regulation. Review of standards 100.(1) The chief executive must review each standard within 7 years after its approval. (2) The procedures applying to the preparation and approval of standards under this Chapter apply to the review of standards with any necessary changes and any changes prescribed by regulation. Direction to comply with standards 101.(1) If the chief executive is of the opinion that a person has not complied with a standard applying to the person, the chief executive may give the person a written direction to comply with the standard within a specified period (of at least 10 working days). (2) The person must not contravene the direction unless the person has a reasonable excuse for not complying with it. Maximum penalty for subsection (2)—160 penalty units. CHAPTER 10—REVIEW OF AND APPEALS AGAINST DECISIONS PART 1—REVIEW OF DECISIONS Who may apply for review etc. 102.(1) A person whose interests are affected by a decision specified in Ak WH BEowU OX a 1416 18 21 24 s 103 49 s 104 Transport Operations (Passenger Transport) Schedule 2 may apply to the chief executive for a review of the decision. (2) A person who may seek a review of a decision is entitled to receive a statement of reasons for the decision. Applying for review 103.(1) An application by a person for review of a decision must be made within 28 days after notice of the decision was given to the person. (2) However, if— (a) the notice did not state reasons for the decision; and (b) the person asked for a statement of reasons for the decision within the period mentioned in subsection (1); the person may make the application within 28 days after the person is given the statement of reasons. (3) In addition, the chief executive may extend the period for making an application for review. (4) An application for review must be written and state in detail the grounds on which the applicant seeks review of the decision. Stay of operation of decision etc. 104.(1) If an application is made under this Part for review of a decision, the applicant may immediately apply for a stay of the decision to the court specified opposite to the decision in Schedule 2. (2) The court may stay the decision to secure the effectiveness of the review and any later appeal to the court. (3) A stay— (a) may be given on conditions the court considers appropriate; and (b) operates for the period specified by the court; and (c) may be revoked or amended by the court. (4) The period of a stay under this section must not extend past the time when the chief executive reviews the decision and any later period the court allows the applicant to enable the applicant to appeal against the chief w onan fs 12 14 16 1922 2426 28 s 105 50 s 107 Transport Operations (Passenger Transport) executive's decision. (5) The making of an application under this Part for review of a decision affects the decision, or the carrying out of the decision, only if the decision is stayed. Reference to review panel 105.(1) If an application is made under this Part for review of a decision, the chief executive must refer the application to a review panel for advice. (2) However, the chief executive need not refer an application to a review panel if the chief executive is of the opinion the application is frivolous or vexatious. Review panels 106.(1) The chief executive may establish review panels for the purposes of this Part. (2) A review panel consists of persons nominated by the chief executive. (3) Each review panel must include— (a) atleast 1 representative of the department; and (b) at least 1 representative of the relevant part of the passenger transport industry, an interested union or both; and (c) atleast 1 independent representative. (4) A regulation may make provision about review panels, including the conduct of their proceedings and the making of recommendations by them. Consideration of application by review panel 107.(1) If an application made under this Part for review of a decision is referred to a review panel, the panel must allow the applicant an opportunity to make representations to the panel. (2) After considering the representations of the applicant, the review panel must make a recommendation to the chief executive on whether the decision should be confirmed, amended or cancelled. BRwWN CoO w Na nn 13 1518 21 2427 s 108 51 s110 Transport Operations (Passenger Transport) Decision on reconsideration 108.(1) After considering the review panel's recommendation, the chief executive may confirm the decision, amend the decision or substitute a new decision. (2) The chief executive must immediately give the applicant written notice of the chief executive's decision. (3) If the decision is not the decision sought by the applicant, the notice must state— (a) the reasons for the decision; and (b) that the applicant may appeal against the decision to a specified court within 28 days. PART 2—APPEALS Who may make an appeal 109. A person whose interests are affected by a decision of the chief executive under section 108 (Decision on reconsideration) may appeal against the decision to the court specified in Schedule 2 opposite to the reference to the decision that was reviewed. Making appeals 110.(1) An appeal under this Part against a decision of the chief executive must be made within 28 days after the notice of the decision was given to the person. (2) However, if— (a) the notice did not state reasons for the decision; and (b) the person asked for a statement of reasons for the decision within the period mentioned in subsection (1); the person may make the application within 28 days after the person is given the statement of reasons. BESO © ONIN AN BWHNY YH ee 1517 2023 25 27 s111 52 s 112 Transport Operations (Passenger Transport) (3) In addition, the court may extend the period for making an appeal. (4) Sections 17 to 23 of the Transport Planning and Coordination Act 1994 apply to an appeal. CHAPTER 11—ENFORCEMENT PART 1—AUTHORISED PERSONS Appointment of authorised persons etc. 111.(1) The chief executive may appoint any of the following persons as authorised persons— (a) officers and employees of the public service; (b) police officers; (c) other persons prescribed by regulation. (2) The chief executive may appoint a person (other than a police officer) as an authorised person only if— (a) in the chief executive's opinion, the person has the necessary expertise or experience to be an authorised person; or (b) the person has satisfactorily finished training approved by the chief executive. (3) The chief executive may restrict an authorised person's powers by written notice given to the person. Identity cards 112.(1) The chief executive must issue an identity card to each authorised person. (2) The identity card must— 22 s 113 53 s114 Transport Operations (Passenger Transport) (a) contain a recent photograph of the authorised person; and (b) be signed by the authorised person; and (c) identify the person as an authorised person; and (d) include an expiry date. (3) A person who ceases to be an authorised person must, as soon as practicable, return the identity card to the chief executive, unless the person has a reasonable excuse for not returning it. Maximum penalty—10 penalty units. (4) This section does not apply to an authorised person who is a police officer. (5) Nothing in this section prevents the issue of a single identity card to a person for this Act and other Acts. Production or display of authorised person's identity card 113.(1) An authorised person (other than a police officer in uniform) may exercise a power in relation to someone else only if the person— (a) first produces his or her identity card for the person's inspection; or (b) has his or her identity card displayed so that it is clearly visible to the person. (2) However, if for any reason, it is not practicable to comply with subsection (1), the authorised person must produce the identity card for inspection by the person at the first reasonable opportunity. Powers of authorised persons 114.(1) An authorised person has the powers given under this or another Act. (2) A regulation may limit the powers of authorised persons. 15 17 19 2125 s 115 54 s 116 Transport Operations (Passenger Transport) Protection from liability 115.(1) This section applies to— (a) an authorised person; and (b) a person acting under the direction of an authorised person. (2) A person does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act. (3) If subsection (2) prevents a civil liability attaching to a person, the liability attaches instead to the State. PART 2—POWERS OF AUTHORISED PERSONS IN RELATION TO PLACES AND VEHICLES Entry of place 116. An authorised person may enter a place if— (a) its occupier consents to the entry or the purpose of the entry is to get the occupier's consent; or (b) it is a public place and the entry is made when it is open to the public; or (c) it is mentioned in an accreditation, authorisation, contract or licence under this Act as a place of business, or another place, required to be open to inspection and the entry is made when the place is— (i) open for the conduct of business or otherwise open for entry; or (11) required under the accreditation, authorisation, contract or licence to be open for inspection; or (d) the entry is authorised by a warrant. aon nm WwW N 12 14 16 1820 22 24 s117 55 s 118 Transport Operations (Passenger Transport) Warrants 117.(1) An authorised person may apply to a Magistrate for a warrant for a place. (2) An application must be sworn and state the grounds on which the warrant is sought. (3) The Magistrate may refuse to consider the application until the authorised person gives the Magistrate all the information the Magistrate requires about the application in the way the Magistrate requires. Example— The Magistrate may require additional information supporting the application to be given by statutory declaration. (4) The Magistrate may issue a warrant only if the Magistrate is satisfied there are reasonable grounds for suspecting — (a) there is a particular thing or activity (the "evidence") that may provide evidence of the commission of an offence against this Act; and (b) the evidence is, or may be within the next 7 days, at the place. (5) The warrant must state— (a) that the authorised person may, with necessary and reasonable help and force, enter the place and exercise the authorised person's powers under this Act; and (b) the evidence for which the warrant is issued; and (c) the hours of the day when entry may be made; and (d) the day (within 14 days after the warrant's issue) when the warrant ends. (6) The Magistrate must record the reasons for issuing the warrant. Warrants—applications made otherwise than in person 118.(1) An authorised person may apply for a warrant by phone, fax, radio or another form of communication if the authorised person considers it necessary because of — (a) urgent circumstances; or ro OO OND ns Wn eRe Ree wn re nRnn p ioe ao Nn NNR re OO NN wioN NN ns N a 29 s 118 56 s 118 Transport Operations (Passenger Transport) (b) other special circumstances, including, for example, the authorised person's remote location. (2) Before applying for the warrant, the authorised person must prepare an application stating the grounds on which the warrant is sought. (3) The authorised person may apply for the warrant before the application is sworn. (4) After issuing the warrant, the Magistrate must immediately fax a copy to the authorised person if it is reasonably practicable to fax the copy. (5) If it is not reasonably practicable to fax a copy of the warrant to the authorised person— (a) the Magistrate must— (i) _ tell the authorised person what the terms of the warrant are; and (11) tell the authorised person the date and time the warrant was signed; and (111) record on the warrant the reasons for issuing the warrant; and (b) the authorised person must write on a form of warrant ("warrant form")— (i) the Magistrate's name; and (11) the date and time the Magistrate signed the warrant; and (11) the warrant's terms. (6) The facsimile warrant, or the warrant form properly completed by the authorised person, authorises the entry and the exercise of the other powers authorised by the warrant issued by the Magistrate. (7) The authorised person must, at the first reasonable opportunity, send to the Magistrate— (a) the sworn application; and (b) if a warrant form was completed by the authorised person—the completed warrant form. (8) On receiving the documents, the Magistrate must attach them to the warrant. SCO ONIN AN BW NY eS an ion' wn = ee AR Ree na ee \o NY NY N Nu Fe Oo N N ARS NN Na N o wry aN) WwW WwW Ne s 119 57 s 119 Transport Operations (Passenger Transport) (9) Unless the contrary is proved, a court must presume that a power exercised by an authorised person was not authorised by a warrant issued under this section if— (a) a question arises, in a proceeding before the court, whether the exercise of power was authorised by a warrant; and (b) the warrant is not produced in evidence. Entry or boarding of vehicles 119.(1) An authorised person may enter or board a vehicle if the authorised person has reasonable grounds for suspecting — (a) the vehicle is being, or has been, used in the commission of an offence against this Act; or (b) the vehicle, or a thing in or on the vehicle, may provide evidence of the commission of an offence against this Act. (2) If the vehicle is moving or about to move, the authorised person may signal the person in control of the vehicle to stop the vehicle or not to move it. (3) To enable the vehicle to be entered or boarded, the authorised person may— (a) act with necessary and reasonable help and force; and (b) require the person in control of the vehicle to give reasonable help to the authorised person. (4) A person must obey a signal under subsection (2), unless the person has a reasonable excuse for disobeying it. Maximum penalty—40 penalty units. (5) A person must comply with a requirement under subsection (3)(b), unless the person has a reasonable excuse for not complying with it. Maximum penalty—40 penalty units. (6) It is a reasonable excuse for a person to disobey a signal under subsection (2) if— (a) the person reasonably believes that to obey the signal immediately would have endangered the person, someone else or the vehicle; Hn nk WNe 11 13 1518 21 23 26 29 31 s 120 58 s 120 Transport Operations (Passenger Transport) (b) and the person obeys the signal as soon as it is practicable to obey it. General powers in relation to places and vehicles 120.(1) An authorised person who enters a place, or enters or boards a vehicle, under this Chapter may— (a) (b) (c) (d) (e) (f) (g) search any part of the place or vehicle; or inspect, photograph or film anything in or on the place or vehicle; or take samples of or from anything in or on the place or vehicle; or take extracts from, or make copies of, a document in or on the place of vehicle; or take into or onto the place or vehicle any persons, equipment and materials the authorised person reasonably requires for exercising a power under this Act; or require the occupier of the place, or a person in or on the place or vehicle, to give the authorised person reasonable help to exercise the powers mentioned in paragraphs (a) to (e); or if the authorised person enters or boards a vehicle—by written notice given to the person in control of the vehicle, require the person— (1) to take the vehicle to a stated reasonable place by a stated reasonable time; and (11) if necessary, to remain in control of the vehicle at the place for a reasonable time; to enable an authorised person to exercise the powers mentioned in paragraphs (a) to (e). (2) A person who is required to give reasonable help under subsection (1)(f) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—40 penalty units. (3) If the requirement is to be complied with by the person by— Re Ree ee BWN FOO DAY HD NAB w eee Nauwn Nee ome) Nw Ne NN Rw Nv Nn Nwpohd oon Ww Ww r SO $121 59 $121 Transport Operations (Passenger Transport) (a) giving information; or (b) producing a document (other than a document required to be kept by the person under this Act); it is a reasonable excuse for the person to fail to comply with the requirement if complying with the requirement might tend to incriminate the person. (4) A person who is required by an authorised person under subsection (1)(g) to take action in relation to a vehicle must comply with the requirement, unless the person has a reasonable excuse for not complying with it. Maximum penalty—40 penalty units. (5) If, for any reason, it is not practicable to make a requirement under subsection (1)(g) by written notice, the requirement may be made orally and confirmed by written notice as soon as practicable. (6) Nothing in this section prevents an authorised person making a further requirement under subsection (1)(g) of the same person or another person in relation to the same vehicle if it is necessary and reasonable to make the further requirement. (7) An authorised person may not enter a part of a vehicle used only as a living area, or exercise a power under subsection (1)(a) to (e) in relation to that part, unless the authorised person is accompanied by the person in control of the vehicle. (8) Subsection (7) does not apply if the person in control of the vehicle is unavailable or unwilling to accompany the authorised person or the authorised person is unable for another reason to comply with the subsection. (9) This section does not apply to an authorised person who enters a place to get the occupier's consent unless the consent is given or the entry is otherwise authorised. Power to seize evidence 121.(1) An authorised person who enters a place under this Part with a warrant may seize the evidence for which the warrant was issued. SCO MON DAWN WN eS an eli andilend RwWN RP Ree onan Nwpone Nor Ow; N Ro NN Hun Nwpohd oon 32 s 122 60 s 122 Transport Operations (Passenger Transport) (2) An authorised person who enters a place under this Part with the occupier's consent may seize the particular thing for which the entry was made if the authorised person believes on reasonable grounds the thing is evidence of an offence this Act. (3) An authorised person who enters a place under this Part with a warrant or with the occupier's consent may also seize another thing if the authorised person believes on reasonable grounds— (a) the thing is evidence of an offence against this Act; and (b) the seizure is necessary to prevent the thing being— (i) concealed, lost or destroyed; or (11) used to commit, continue or repeat the offence. (4) An authorised person who enters a place under this Part other than with a warrant or with the occupier's consent, or who enters or boards a vehicle, may seize a thing if the authorised person believes on reasonable grounds— (a) the thing is evidence of an offence against this Act; and (b) the seizure is necessary to prevent the thing being— (i) concealed, lost or destroyed; or (11) used to commit, continue or repeat the offence. Procedure after thing seized 122.(1) As soon as practicable after a thing is seized by an authorised person under this Part, the authorised person must give a receipt for it to the person from whom it was seized. (2) The receipt must describe generally each thing seized and its condition. (3) If, for any reason, it is not practicable to comply with subsection (1), the authorised person must— (a) leave the receipt at the place of seizure; and (b) ensure the receipt is left in a reasonably secure way and in a conspicuous position. Oo Oo NIHNDWN BwWNe eS eK Oo eee aA pRwWN Se Se Be eS oo mOmnN DD 2225 27 30 s 123 61 s 123 Transport Operations (Passenger Transport) (4) The authorised person must return the seized thing to its owner at the end of— (a) 6 months; or (b) if a prosecution for an offence involving it is started within the 6 months—the prosecution for the offence and any appeal from the prosecution. (5) Despite subsection (4), the authorised person must return the seized thing to its owner immediately the authorised person stops being satisfied its retention as evidence is necessary. (6) However, the authorised person may keep the seized thing if the authorised person believes, on reasonable grounds, it is necessary to continue to keep it to prevent its use in committing an offence. PART 3—OTHER ENFORCEMENT POWERS OF AUTHORISED PERSONS Power to require name and address 123.(1) An authorised person may require a person to state the person's name and address if the authorised person— (a) finds the person committing an offence against this Act; or (b) finds the person in circumstances that lead, or has information that leads, the authorised person to suspect, on reasonable grounds the person just committed an offence against this Act. (2) When making the requirement, the authorised person must warn the person it is an offence to fail to state the person's name and address, unless the person has a reasonable excuse. (3) The authorised person may require the person to give evidence of the correctness of the person's stated name or address if the authorised person suspects, on reasonable grounds, that the stated name or address is false. (4) A person must comply with a requirement under subsection (1) or (3), unless the person has a reasonable excuse for not complying with it. ord ANWR WHE \o RP Re NRO 14 17 20232629 $124 62 $124 Transport Operations (Passenger Transport) Maximum penalty—40 penalty units. (5) A police officer may arrest a person without a warrant if the police officer believes on reasonable grounds that— (a) the person has just committed an offence against subsection (1) or (3); and (b) proceedings by way of complaint and summons against the person would be ineffective. (6) The person does not commit an offence against this section if— (a) the authorised person required the person to state the person's name and address on suspicion of the person having committed an offence against this Act; and (b) the person is not proved to have committed the offence. Power to require information from certain persons 124.(1) This section applies if an authorised person suspects on reasonable grounds— (a) an offence against this Act has been committed; and (b) the offence relates to the operation, maintenance or repair of a public passenger vehicle; and (c) aperson may be able to give information about the offence. (2) The authorised person may require the person to give information about the offence. (3) When making the requirement, the authorised person must warn the person it is an offence to fail to give the information, unless the person has a reasonable excuse. (4) The person must comply with the requirement, unless the person has a reasonable excuse for not complying with it. Maximum penalty—40 penalty units. (5) It is a reasonable excuse for the person to fail to give information if giving it might tend to incriminate the person. (6) The person does not commit an offence against this section if the rFreOoO DOD ND WNP WN ee a N 15 18 21 2326 29 s 125 63 s 126 Transport Operations (Passenger Transport) information sought by the authorised person is not in fact relevant to the offence. Power to require production of certain documents 125.(1) An authorised person may require a person who holds, or claims to hold, an accreditation, authorisation, licence or contract under this Act to produce it. (2) The person must produce the document for inspection, unless the person has a reasonable excuse for not producing it. Maximum penalty—40 penalty units. (3) The authorised person may keep the document to take an extract from it or make a copy of it. (4) The authorised person must return the document to the person as soon as practicable after taking the extract or making the copy. PART 4—OTHER ENFORCEMENT MATTERS False or misleading information 126.(1) A person must not— (a) state anything to the chief executive, an authorised person or a review panel the person knows is false or misleading in a material particular; or (b) omit from a statement made to the chief executive, an authorised person or a review panel anything without which the statement is, to the person's knowledge, misleading in a material particular. Maximum penalty—60 penalty units. (2) A complaint against a person for an offence against subsection (1)(a) or (b) is sufficient if it states that the statement made was false or misleading to the person's knowledge. Ne Bo 0 MONI ANA w ee ion' wn 16 182126 $127 64 s 128 Transport Operations (Passenger Transport) False, misleading or incomplete documents 127.(1) A person must not give to the chief executive, an authorised person or a review panel a document containing information the person knows is false, misleading or incomplete in a material particular. Maximum penalty—60 penalty units. (2) Subsection (1) does not apply to a person who, when giving the document to the chief executive, authorised person or review panel— (a) informs the chief executive, authorised person or review panel, to the best of the person's ability, how it is false, misleading or incomplete; and (b) gives the correct information to the chief executive, authorised person or review panel if the person has, or can reasonably obtain, the correct information. (3) A complaint against a person for an offence against subsection (1) is sufficient if it states that the statement made was false, misleading or incomplete to the person's knowledge. Compensation 128.(1) A person may claim compensation from the State if the person incurs loss or expense because of the exercise or purported exercise of a power under this Chapter, including, for example, in complying with a requirement made of the person under this Chapter. (2) Payment of compensation may be claimed and ordered in a proceeding for— (a) compensation brought in a court of competent jurisdiction for the recovery of compensation; or (b) an offence against this Act brought against the person by whom the claim is made. (3) A court may order the payment of compensation for the loss or expense only if it is satisfied it is just to make the order in the circumstances of the particular case. co ND WN PWN 12151921 23 25 27 29 s 129 65 s 130 Transport Operations (Passenger Transport) Authorised person to give notice of damage 129.(1) An authorised person who, in the exercise, or purported exercise, of a power under this Chapter, damages anything must immediately give written notice of the particulars of the damage. (2) The notice must be given to the person who appears to the authorised person to be the owner of the thing. (3) If, for any reason, it is not practicable to comply with subsection (2), the authorised person must— (a) leave the notice at the place where the damage happened; and (b) ensure the notice is left in a reasonably secure way and in a conspicuous position. (4) In this section— "owner" of a thing includes the person in possession or control of the thing. Consent to entry by an authorised person 130.(1) This section applies if the authorised person intends to seek the consent of an occupier of a place to an authorised person entering the place under this Chapter. (2) Before seeking the consent, the authorised person must inform the occupier— (a) of the purpose of the entry; and (b) that anything found and seized may be used in evidence in court; and (c) that the occupier is not required to consent. (3) If the consent is given, the authorised person may ask the occupier to sign an acknowledgment of the consent. (4) The acknowledgment must— (a) state the occupier was informed— (i) of the purpose of the entry; and (11) that anything found and seized may be used in evidence in RwWN FBO © ON AN Re eS N aon' Bw 1720 23 26 2830 s 131 66 s 133 Transport Operations (Passenger Transport) court; and (11) that the occupier was not required to consent; and (b) state the occupier gave the authorised person consent under this Chapter to enter the place and exercise powers under this Chapter. (5) If the occupier signs an acknowledgment of consent, the authorised person must immediately give a copy to the occupier. Obstruction of authorised person 131. A person must not obstruct an authorised person in the exercise of a power, unless the person has a reasonable excuse. Maximum penalty—60 penalty units. Impersonation of authorised person 132. A person must not pretend to be an authorised person. Maximum penalty—80 penalty units. CHAPTER 12—MISCELLANEOUS Transport arrangements for pupils 133.(1) The chief executive may make arrangements for the transport of pupils to and from schools or other educational establishments. (2) Without limiting the scope of arrangements, arrangements may include— (a) arrangements for transporting pupils with or without charge between their homes and their educational establishments; and (b) arrangements for paying all or part of pupils' reasonable travel expenses. Dn FW N 1217 19 21 23 s 134 67 s 134 Transport Operations (Passenger Transport) Impact of certain decisions by local governments on public passenger transport 134.(1) A local government must obtain the chief executive's written approval if it intends to— (a) approve a subdivision, rezoning or development of land; or (b) carry out road works on a local government road or make changes to the management of a local government road; and the approval or the works or changes would have a significant adverse impact on the provision of public passenger transport. (2) The chief executive may make guidelines to which local governments must have regard in deciding whether an approval of the chief executive is required under subsection (1). (3) An approval by the chief executive under subsection (1) may be subject to conditions consistent with the Local Government (Planning and Environment) Act 1990, including, for example, a condition that— (a) consideration, whether monetary or otherwise, be given to compensate the chief executive in taking action to rectify the impact the subdivision, rezoning, development, road works or changes will have; or (b) action be taken to rectify the impact the subdivision, rezoning, development, road works or changes will have. (4) Subsection (1) does not apply if the conditions applied and enforced by the local government for the subdivision, rezoning, development, road works or changes comply with permission criteria fixed by the chief executive. (5) The permission criteria may include conditions consistent with the Local Government (Planning and Environment) Act 1990, including, for example, a condition that— (a) consideration, whether monetary or otherwise, be given to compensate the chief executive in taking action to rectify the impact the subdivision, rezoning, development, road works or changes will have; or (b) action be taken to rectify the impact the subdivision, rezoning, development, road works or changes will have. CO ID HW Bw NY eee NRO eee AK w Pere Conan NN re Oo Nwonnd An pBwWN NNW ona WwW wwhd NRO"; Ww WwW Rw s 135 68 s 135 Transport Operations (Passenger Transport) (6) A local government must comply with conditions applying to it under this section. (7) A failure by a local government to obtain an approval under subsection (1) for a subdivision, rezoning or development of land does not invalidate the local government's approval. (8) An application for approval by the chief executive under subsection (1) must be dealt with— (a) within 21 days after it is received; or (b) within a longer period notified to the local government by the chief executive within the 21 day period. (9) If— (a) a local government applies for an approval under subsection (1); and (b) the chief executive does not respond to the application within 21 days after receiving it; the chief executive is taken to have given approval at the end of the 21 days. Effect of decisions of Planning and Environment Court 135.(1) If— (a) an approval under section 134(1) is subject to conditions; and (b) a local government imposes conditions on the subdivision, rezoning, development, road works or changes to which the approval relates; and (c) the Planning and Environment Court amends the conditions mentioned in paragraph (b); then, to the extent to which the amendment relates to the conditions of the approval under section 134(1), the conditions of the approval are taken to be amended accordingly. (2) If— (a) there are permission criteria relevant to a subdivision, rezoning, development, road works or changes mentioned in section 134; and re r OO DA AND n BW Ne lon' wn = ee AR e a 182124 2630 s 136 69 s 138 Transport Operations (Passenger Transport) (b) a local government imposes conditions on the subdivision, rezoning, development, road works or changes; and (c) the Planning and Environment Court amends the conditions mentioned in paragraph (b); then, to the extent to which the amendment relates to the permission criteria, the permission criteria are taken to be amended accordingly in their application to the subdivision, rezoning, development, road works or changes. Demand management 136. The Minister may authorise a local government to carry out demand management measures to encourage the use of public passenger transport. Inquiries about person's suitability to hold accreditation or authorisation 137.(1) The chief executive may make inquiries about a person to help in deciding whether— (a) the person is a suitable person to hold, or continue to hold, operator accreditation; or (b) the person or another person of whom the person is a partner is a suitable person to hold, or continue to hold, operator accreditation; or (c) a corporation of which the person is an executive officer is a suitable person to hold, or continue to hold, operator accreditation. (2) If asked by the chief executive, the Commissioner of the Police Service must give the chief executive a written report about the person's criminal history. (3) Subsection (2) applies to the criminal history in the Commissioner's possession or to which the Commissioner has access. Offences of dishonesty 138.(1) A person must not obtain an accreditation, authorisation, contract CADW RW Ne 11 13 15 17 1922 2427 29 s 139 70 s 139 Transport Operations (Passenger Transport) or licence under this Act by intentionally or recklessly making a false representation. Maximum penalty—60 penalty units. (2) A person must not forge an accreditation, authorisation, contract or licence under this Act. Maximum penalty—60 penalty units. (3) A person must not intentionally or recklessly obtain, or help someone else obtain, a financial benefit under this Act to which the person is not entitled. Maximum penalty—60 penalty units. (4) A person must not— (a) use an accreditation, authorisation, contract or licence under this Act fraudulently; or (b) permit the fraudulent use by someone else of an accreditation, authorisation, contract or licence under this Act. Maximum penalty—60 penalty units. Records and evidence from records 139.(1) The chief executive must keep records of the grant, refusal to grant, amendment, suspension and cancellation of accreditations, authorisations, contracts and licences under this Act. (2) A certificate apparently signed by a delegate of the chief executive and stating any of the following matters is evidence of the matter— (a) that a person mentioned in the certificate held or did not hold an accreditation, authorisation, contract or licence of a stated kind on a day or throughout a period mentioned in the certificate; (b) the conditions of an accreditation, authorisation, contract or licence held by a named person under this Act on a day or throughout a period mentioned in the certificate; (c) that a person did not give a stated notice to the chief executive. OMAN HD UB WY NKR eS eK Oo ion' wn Ree ns e a 1922 2427 s 140 71 s 142 Transport Operations (Passenger Transport) Proceedings for offences 140.(1) An offence against this Act is a summary offence. (2) A proceeding for an offence must start— (a) within | year after the offence is committed; or (b) wit hin 6 months after the offence comes to the complainant's knowledge, but within 2 years after the offence is committed. Attempt to commit offence 141.1) A Act. person must not attempt to commit an offence against this Maximum penalty—half the maximum penalty for committing the offence. (2) Section 4 (Attempts to commit offences) of the Criminal Code applies to subsection (1). Regulations 142.(1) The Governor in Council may make regulations under this Act. (2) A regu ation may be made prescribing offences for a contravention of a regulation and fixing a maximum penalty of not more than 80 penalty units for the contravention. (3) A regu (a) pre ation may— scribe fees and charges payable for the issue of instruments or doing other things under this Act; or (b) ma ke provision about the safety of public passenger services and issues affecting the safety of the services; or (c) relate to fares charged for the use of public passenger services; or (d) ma and (e) spe aut (f) pro and ke provision about the rights and obligations of passengers drivers of public passenger vehicles; or cify the requirements for operator accreditation or driver horisation; or vide for the funding or operation of public passenger services issues affecting the services; or Daun fF WwW NY 12 14 1620 22 25 27 29 s 143 72 s 145 Transport Operations (Passenger Transport) (g) specify requirements for public passenger vehicles or for equipment for public passenger vehicles; or (h) require the collection, maintenance, retention or production of records. CHAPTER 13—AMENDMENTS, REPEALS AND TRANSITIONAL PROVISIONS PART 1—AMENDMENTS AND REPEALS Amendments—Sch 3 143. Schedule 3 amends the Acts mentioned in it. Repeals—Sch 4 144. The Acts mentioned in Schedule 4 are repealed. PART 2—SAVINGS AND TRANSITIONAL Application of Judicial Review Act to certain transitional decisions 145.(1) Section 29(2) and (3) of the Judicial Review Act 19913 do not apply to a decision of the chief executive— (a) made under this Chapter; or (b) to cancel, suspend, grant or refuse to renew a licence, permit, 3 Section 29(2) and (3) deals with the stay of decisions. Bw Ne 11 15 17 s 146 73 s 147 Transport Operations (Passenger Transport) contract or other authority under— (i) aprovision of the State Transport Act 1960 that continues to have effect under this Chapter; or (11) the Urban Public Passenger Transport Act 1984; or (c) to declare that a service contract is required to provide the public passenger services for a specified area or route;4 or (d) to refuse to grant the initial service contract under Chapter 6 for an area or route. (2) This section expires 3 years after it commences. Compensation not recoverable for certain decisions 146.(1) To remove any doubt, compensation is not recoverable from anyone (including the chief executive and the State)— (a) for or in relation to a decision mentioned in section 145(1) (Application of Judicial Review Act to certain transitional decisions); or (b) because the application of this Part to a licence, permit, contract, subsidy or other payment. (2) This section expires 3 years after it commences. (3) Section 20A of the Acts Interpretation Act 1954 applies to this section. Continued application of s 77 of State Transport Act to certain decisions etc. 147.(1) Despite the repeal of provisions of the State Transport Act 1960, section 77 of the Act continues to have effect for a decision mentioned in section 145(1) (Application of Judicial Review Act to certain transitional decisions). (2) This section expires 3 years after it commences. 4 Declarations are made under section 43. Co OAN DAN F WYP 12 1417 20 22 24 26 s 148 74 s 148 Transport Operations (Passenger Transport) (3) Section 20A of the Acts Interpretation Act 1954 applies to this section. Operators of scheduled passenger services 148.(1) This section applies to a scheduled passenger service by road that— (a) was being provided under Part 4 or 5 of the State Transport Act 1960 for an area or route immediately before the commencement; and (b) falls within the definition "scheduled passenger service" in the dictionary to this Act. (2) Despite the repeal of provisions of the State Transport Act 1960, Parts 4 and 5 of the Act continue to apply to the service. (3) If a licence under Part 4 of the State Transport Act 1960 expires, it may be renewed until the end of 2 years after the commencement. (4) If a permit under Part 5 of the State Transport Act 1960 expires, another permit with similar provisions may be issued under that Part to expire no later than 2 years after the commencement. (5) A licence or permit issued under Part 4 or 5 the State Transport Act 1960 terminates— (a) at the end of its term; or (b) if the chief executive enters into a new service contract for the provision of public passenger services of that kind for the area or route; or (c) if the chief executive enters into a new service contract for the provision of public passenger services of that kind for part of the area or route and the chief executive notifies the operator in writing that this section ceases to apply; or (d) at the end of 2 years after the commencement; whichever happens first. (6) This section expires 2 years after the commencement. Ne CID WH w 12 14 1619 222629 s 149 75 s 149 Transport Operations (Passenger Transport) Contracts to provide scheduled urban bus services 149.(1) This section applies to scheduled urban bus services for an area or route that were, at the commencement, the subject of a contract between the corporation sole established under section 10 of the Urban Public Passenger Transport Act 1984 and the operator of the services. (2) Section 148 (Operators of scheduled passenger services) of this Act does not apply to the services to which this section applies. (3) Despite the repeal of provisions of the State Transport Act 1960, Parts 4 and 5 of the Act continue to apply to the services. (4) If a licence for the services under Part 4 of the State Transport Act 1960 expires, it may be renewed until— (a) the end of the term of the contract (not including any renewal); or (b) the contract is terminated; or (c) the parties agree to renegotiate the contract; or (d) the parties agree to enter into a service contract under Chapter 6 for the area or route to which the licence applied, or for part of the area or route; whichever happens first. (5) If a permit under Part 5 of the State Transport Act 1960 expires, another permit with similar provisions may be issued under that Part to expire no later than— (a) the end of the term of the contract (not including any renewal); or (b) the contract is terminated; or (c) the parties agree to renegotiate the contract; or (d) the parties agree to enter into a service contract under Chapter 6 for the area or route to which the permit applied, or for part of the area or route; whichever happens first. (6) A contract entered under section 10 of the Urban Public Passenger Transport Act 1984, or a licence or permit under Part 4 or 5 of the State Transport Act 1960, terminates— (a) at the end of its term; or BPO COM NID HNDARWN LE Se Be ee wieN os Se ee NAN Co NNR re OO Nw NN N BR WwW WN NwHn NAY N o wWwhy KH Soo Ww N s 150 76 s 150 Transport Operations (Passenger Transport) (b) if the chief executive enters into a new service contract for the provision of public passenger services of that kind for the area or route; or (c) if the chief executive enters into a new service contract for the provision of public passenger services of that kind for part of the area or route and the chief executive notifies the operator in writing that this section ceases to apply; or (d) at the end of 2 years after the commencement; whichever happens first. (7) This section expires 2 years after the commencement. Arrangements for school transport—fixed term contracts 150.(1) This section applies to a school transport service that was being provided immediately before the commencement by an operator for an area or route under an arrangement under Part 9A of the State Transport Act 1960 between the State and the operator that was entered into for a fixed term. (2) The chief executive is taken to have declared, under section 43 (Declaration that service contracts are required), that a service contract is required to provide the service. (3) The operator is taken to have entered into a service contract under Chapter 6 with the chief executive in the same terms as the existing arrangement between the State and the operator for the service. (4) Section 63(1) (Offer of new service contract) does not apply to the service contract. (5) This section ceases to apply to an operator— (a) at the end of 2 years after the commencement; or (b) if the chief executive decides—at the end of the term of the existing arrangement; whichever happens first. (6) The chief executive may apply additional conditions specifying minimum levels of service. CM ANIDWNK WHE e Oo 1315182124 26 28 31 s 151 77 s 151 Transport Operations (Passenger Transport) (7) This section does not prevent the termination of an arrangement in accordance with its terms. (8) This section expires 4 years after it commences or, if an earlier date is prescribed by regulation, on that date. Arrangements for school transport—other contracts 151.(1) This section applies to a school transport service being provided immediately before the commencement for an area or route by an operator under an arrangement under Part 9A of the State Transport Act 1960 between a local conveyance committee established under the Education Regulation 1988 and the operator. (2) The chief executive is taken to have declared, under section 43 (Declaration that service contracts are required), that a service contract is required to provide the service. (3) The operator is taken to have entered into a service contract under Chapter 6 with the chief executive in the same terms (other than terms about the term of the contract) as the existing arrangement between the local conveyance committee and the operator for the service. (4) However, this section ceases to apply to an operator— (a) if the chief executive enters into a new service contract for the provision of public passenger services of that kind for that area or route; or (b) if the chief executive enters into a new service contract for the provision of public passenger services of that kind for part of the area or route and the chief executive notifies the operator in writing that this section ceases to apply; or (c) at the end of 2 years after the commencement; whichever happens first. (5) In addition, this section does not prevent the termination of an arrangement in accordance with its terms. (6) This section expires 2 years after it commences or, if an earlier date is prescribed by regulation, on that date. Rw Ne eorAID WN 121517 202325 27 29 31 s 152 78 s 154 Transport Operations (Passenger Transport) Holders of licences to hire 152.(1) A person who, immediately before the commencement, held a licence to hire-taxi-meter cab or a licence to hire-exempted cab under Part 3 of the State Transport Act 1960 may continue to operate the taxi service under the licence to hire. (2) A person who, immediately before the commencement, held a licence to hire-private hire car under the State Transport Act 1960 may continue to operate the private hire car service under the licence to hire. (3) This section ceases to apply to a person— (a) ifthe licence to hire expires, is cancelled or is suspended; or (b) when the corresponding taxi service licence or luxury limousine service licence is issued under this Act; whichever happens first. (4) Despite the repeal of provisions of the State Transport Act 1960, Part 3 of the Act continues to have effect for the purposes of the licences. (5) This section expires | year after the commencement. Licensed areas for taxi and luxury limousine services 153.(1) Each licensed area in which a person could operate under a licence to hire-taxi-meter cab, a licence to hire-exempted cab, or a licence to hire-private hire car, immediately before the commencement becomes, on the commencement, a taxi service area or a luxury limousine service area. (2) This section expires 2 years after the commencement or, if an earlier date is fixed by regulation, on that date. Air transport where subsidy agreements apply 154.(1) This section applies to an air service that was, immediately before the commencement, being provided for a route mentioned in subsection (2) under air licence S44 or S45 under Part 8 of the State Transport Act 1960 and in accordance with a subsidy agreement between the State and the operator for the air services on the route. (2) The routes are as follows— C0 DMAINID ARWN e Oo ee NR = w Ree ns e a 1921 23 2628 s 155 79 s 155 Transport Operations (Passenger Transport) (a) Toowoomba /St. George /Cunnamulla /Thargomindah /Cunnamulla /St. George /Toowoomba; (b) Brisbane /Roma /Charleville /Quilpie /Windorah /Birdsville /Bedourie /Boulia/Mount Isa /Boulia /Bedourie /Birdsville /Windorah /Quilpie /Charleville /Roma /Brisbane; (c) Brisbane /Roma /Charleville /Longreach /Charleville /Roma /Brisbane; (d) Brisbane /Roma /Longreach /Roma /Brisbane; (e) Brisbane /Blackall /Longreach /Blackall /Brisbane; (f) Brisbane /Barcaldine /Longreach /Barcaldine /Brisbane; (g) Townsville /Charters Towers /Hughenden /Winton /Longreach /Winton /Hughenden /Charters Towers /Townsville; (h) Townsville /Charters Towers /Hughenden /Richmond /Julia Creek /Cloncurry /Mount Isa /Cloncurry /Julia Creek /Richmond /Hughenden /Charters Towers /Townsville. (3) The chief executive is taken to have declared, under section 43 (Declaration that service contracts are required), that a service contract is required to provide the service. (4) Each operator is taken to have entered into a service contract under Chapter 6 with the chief executive in the same terms as the existing subsidy agreement between the State and the operator for the air services on the route. (5) Section 63(1) (Offer of new service contract) does not apply to the service contract. (6) This section ceases to apply to an operator at the end of the term of the existing subsidy agreement. (7) This section does not prevent the termination of an agreement under its terms. (8) This section expires on 31 May 1996. Other air transport services for certain routes 155.(1) This section applies to an air service that was, immediately Co DA AND an Bw Ne e Oo ee NR Ree nan BW RP Re ona N NR YVNRSSs NN Rw NN Hun NN on N \o 31 s 155 80 s 155 Transport Operations (Passenger Transport) before the commencement, being provided for a route mentioned in subsection (2) under an air licence under Part 8 of the State Transport Act 1960. (2) The routes are as follows— (a) Cairns /Weipa /Cairns (licence $34); (b) Cairns /Horn Island /Cairns (licences $16 and S31). (3) The chief executive is taken to have declared, under section 43 (Declaration that service contracts are required), that a service contract is required to provide the service for the route Cairns /Weipa /Cairns. (4) The operator of the service route Cairns /Weipa / Cairns is taken to have entered into a service contract under Chapter 6 with the chief executive— (a) on the same terms as the existing air licence for the air services on the route; and (b) that provides the operator with the exclusive right to operate the air service. (5) Section 63(1) (Offer of new service contract) does not apply to the service contract. (6) The licences for the route Cairns /Horn Island /Cairns continue in force until— (a) the end of the term of the licence; or (b) aservice contract to provide the air service is entered into. (7) The chief executive is taken to have declared, under section 43 (Declaration that service contracts are required), that a service contract is required to provide a scheduled air service for the route Cairns /Horn Island /Cairns other than under licences $16 and $31. (8) Despite the repeal of provisions of the State Transport Act 1960, Part 8 of the Act continues to have effect for the licence mentioned in subsection (6). (9) This section does not prevent the termination of a service contract under its terms. (10) This section expires on 31 May 1996. CaAY HD nA FP WN \o RP Re NRO eile' Rw eR num ile' on Ne cow NN Ne NN Rw NN Hun NNN 'oon WwW WwW re Oo Ww N s 156 81 s 158 Transport Operations (Passenger Transport) Provisional operator accreditation for existing operators 156.(1) A person who, immediately before the commencement— (a) held a licence to hire-taxi-meter cab, a licence to hire-exempted cab or a licence to hire-private hire car under Part 3 of the State Transport Act 1960; or (b) held a licence under Part 4 or a permit under Part 5 of the Act; or (c) operated a school transport service under an arrangement under Part 9A of the Act; is taken to have been granted provisional operator accreditation for a service of the kind. (2) This section ceases to apply to a person— (a) if the chief executive grants, or refuses to grant, operator accreditation or provisional operator accreditation to the person for the service; or (b) if the person fails to apply for operator accreditation or provisional operator accreditation for the service within 30 days after being asked in writing to apply by the chief executive; or (c) at the end of 2 years after the commencement; whichever happens first. (3) This section expires 2 years after the commencement. Operator accreditation for courtesy and community transport services 157.(1) Section 16 (Duties of operators) does not apply to courtesy and community transport services until the end of 1 year after the commencement. (2) This section expires | year after the commencement. Transitional provisional driver authorisation for drivers 158.(1) A person who, immediately before the commencement, was employed as a driver in Queensland to provide a particular public passenger service by an operator who had a licence under Part 4, a permit under SCO OND UF W NY eS an eli andilend RwWN RP Ree NAW Noe SO & 2328 s 159 82 s 160 Transport Operations (Passenger Transport) Part 5, or an arrangement under Part 9A, of the State Transport Act 1960 is taken to have been granted provisional driver authorisation for a service of the kind. (2) This section ceases to apply to a person— (a) if the chief executive grants, or refuses to grant, driver authorisation or provisional driver authorisation to the person for the service; or (b) if the person fails to apply for a driver authorisation or provisional driver authorisation for the service within 30 days after being asked in writing to apply by the chief executive; or (c) at the end of 2 years after the commencement; whichever happens first. (3) This section expires 2 years after the commencement. Driver authorisation for courtesy and community vehicle drivers 159.(1) Section 28 (Driver must hold appropriate authorisation) does not apply to courtesy and community transport services until the end of | year after the commencement. (2) This section expires | year after the commencement. Transitional provisional driver authorisation for hire drivers 160.(1) A person who, immediately before the commencement— (a) held a hire driver's licence; or (b) was permitted to drive a taxi-meter cab, an exempted cab or private hire car under a licence to hire; under Part 3 of the State Transport Act 1960 is taken to have been granted provisional driver authorisation under this Act for a taxi service or luxury limousine service. (2) This section ceases to apply to a person— (a) if the chief executive grants, or refuses to grant, a driver authorisation or provisional driver authorisation for a taxi service SCO IADWNW BF WHY See ee Ww NS 162023 26 29 s 161 83 s 163 Transport Operations (Passenger Transport) or luxury limousine service to the person; or (b) at the end of | year after the commencement or, if the person's licence would expire before then, on the day on which the licence would expire; whichever happens first. (3) This section expires 2 years after the commencement. Authorised persons 161.(1) If— (a) a person was, immediately before the commencement, an authorised officer under a provision of the State Transport Act 1960 or a regulation under the Act; and (b) there is a corresponding provision in this Act or in a regulation; the person continues to be an authorised person for the purposes of the corresponding provision. (2) This section expires 6 months after the commencement or, if an earlier date is fixed by regulation, on that date. Delegations 162.(1) If, immediately before the commencement, a person could exercise a power of the Minister, the Director-General or the Corporation under a delegation under an Act repealed by this Act, the person can continue to exercise the power under the Act repealed by this Act. (2) This section does not prevent the revocation or amendment of a delegation. (3) This section expires 6 months after the commencement or, if an earlier date is fixed by regulation, on that date. Offences 163.(1) For the purposes of a provision of this Act, where a conviction for an offence against this Act is relevant to the exercise of a discretion, or a proceeding, under the provision, a conviction for an offence against the Hn nn fFWN 11 14 16 1921 23 25 28 s 164 84 s 164 Transport Operations (Passenger Transport) State Transport Act 1960 1s taken to be a conviction against this Act. (2) This section expires 2 months after the commencement. Preservation of financial arrangements 164.(1) If the Minister had, before the commencement, approved under section 18 of the Urban Passenger Service Proprietors Assistance Act 1975 the payment of an interest rate subsidy mentioned in section 17(1)(a) of the Act to an operator of public passenger services, the subsidy may continue to be paid to the operator on the terms on which it was being paid before the commencement while the operator— (a) holds a licence or permit to which section 148 applies to operate the services; or (b) holds a service contract under Chapter 6 to operate the services or similar services. (2) A person who holds a licence or permit to which section 148 applies to operate public passenger services may apply under section 18 of the Urban Passenger Service Proprietors Assistance Act 1975 for the payment of an interest rate subsidy mentioned in section 17(1)(a) of the Act for the services. (3) If a subsidy is granted under subsection (2), it may continue to be paid while the operator— (a) holds the licence or permit to which section 148 applies to operate the services; or (b) holds a service contract under Chapter 6 to operate the services or similar services. (4) An agreement to pay an interest rate subsidy of the kind mentioned in section 17(1)(a) of the Urban Passenger Service Proprietors Assistance Act 1975 must not be entered into under section 53 (Approval of basis for funding or other financial assistance by State) in a service contract under Chapter 6 at any time after the end of 5 years after the commencement. (5) An interest rate subsidy mentioned in subsection (4) must not be paid at any time after the end of 15 years after the commencement. (6) If the Minister had, before the commencement, approved under ee ee BH F-§ So CMNDAUNBR WwW eee Hee AADUNA Ne cow NN Ne N RBS NNNNNY CMON DAUN WwW WwW re Oo Ww N s 164 85 s 164 Transport Operations (Passenger Transport) section 18 of the Urban Passenger Service Proprietors Assistance Act 1975 payments calculated on the basis of gross fare revenue to an operator of a public passenger service, the Minister may continue to pay amounts to the operator under this section during a year that are not more than the total of the amounts payable to the operator under section 17(1)(b) of the Act and the amounts payable to the operator for revenue foregone for providing concessions to holders of seniors' cards in the year ending on the commencement. (7) If, before the commencement, amounts were payable to an operator of a scheduled urban bus service under a contract mentioned in section 149 (Contracts to provide scheduled urban bus services), the Minister may continue to pay amounts to the operator under this section during a year that are not more than the total of the amounts payable to the operator under the contract in the year ending on the commencement. (8) Payments under subsections (6) and (7) to an operator (other than payments to reimburse concessions granted by the operator to pensioners or seniors' card holders and any other concessions required of the operator by the State) are to be progressively reduced to zero over a period of 5 years starting on the commencement in a way decided by the Minister and are to cease after 2 years if the operator does not enter into a service contract under Chapter 6. (9) However, the Minister may direct that the reduction is not to apply to an operator, but, if the Minister does so, the Minister must table a copy of the direction in the Legislative Assembly within 5 sitting days after it is given. (10) Payments under subsection (6) to an operator for a public passenger service may continue to be made while the operator— (a) holds the licence or permit to which section 148 (Operators of scheduled passenger services) applies to operate the services; or (b) holds a service contract under Chapter 6 to operate the services or similar services. (11) Payments under subsection (7) to an operator for a public passenger service may continue to be made while— (a) the contract mentioned in section 149 under which the service is operated remains in force; or CIYADWAAWNHE 1214 1618202325 27 29 31 33 35 s 165 86 s 165 Transport Operations (Passenger Transport) (b) the operator holds a service contract under Chapter 6 to operate the services or similar services. (12) Section 53(3) (which deals with funding details to be included in the department's annual report) does not apply to payments under subsections (6) and (7) of this section. (13) If the Minister had, before the commencement, approved under section 18 of the Urban Passenger Service Proprietors Assistance Act 1975 the payment of a subsidy for local pensioner services mentioned in section 17(3) of the Act to an operator of public passenger services, the subsidy may continue to be paid to the operator on the terms on which it was being paid before the commencement while the operator holds a licence or permit to which section 148 applies to operate the public passenger services. (14) Despite the repeal of the Urban Passenger Service Proprietors Assistance Act 1975, sections 17, 18 and 19 of the Act continue to have effect for the purposes of the subsidies. (15) This section expires 5 years after the commencement. (16) Section 20A of the Acts Interpretation Act 1954 applies to this section. Making of certain standards 165.(1) This section applies to a standard about, or substantially about, matters contained in the following information bulletins published by the department— * — VSS.10.6/94 about heavy omnibus service life extensions * — VSS.11.6/94 about bus safety standards policy *« VSS.12.6/94 about bus safety padding for handrails, seats, stanchions and partitions. (2) The chief executive may make a standard to which this section applies without complying with the following sections— * section 94 (Notice of proposal to prepare draft standard) * section 95 (Preparation of draft standard) * section 96 (Notice of draft standard) onan nn & WwW Ne 2225 27 29 31 s 166 87 s 169 Transport Operations (Passenger Transport) * section 97 (Preparation of standard). (3) This section expires | year after the commencement. PART 3—TRANSITION OF REFERENCES IN ACTS Application of Part 166. This Part applies to references in Acts enacted before its commencement. Urban Passenger Service Proprietors Assistance Act 1975 references 167. A reference to the Urban Passenger Service Proprietors Assistance Act 1975 is taken to be a reference to this Act. Urban Public Passenger Transport Act 1984 references 168. A reference to the Urban Public Passenger Transport Act 1984 is taken to be a reference to this Act. State Transport Act 1960 references etc. 169.(1) A reference (whether express or implied) to a provision of the State Transport Act 1960 repealed by this Act is taken to be a reference to this Act. (2) A reference to a licence to hire-taxi-meter cab or a licence to hire-exempted cab under the State Transport Act 1960 is taken to be a reference to a taxi service licence under this Act. (3) A reference to a licence to hire-private hire car under the State Transport Act 1960 is taken to be a reference to a luxury limousine service licence. 12 151821 s 170 88 s 173 Transport Operations (Passenger Transport) PART 4—TRANSITION OF REFERENCES IN DOCUMENTS Application of Part 170. This Part applies to references in documents in existence immediately before its commencement. Corporation references 171.(1) A reference to the corporation sole constituted by section 10 of the Urban Public Passenger Transport Act 1984 is taken to be a reference to the chief executive. (2) A legal proceeding by or against the Corporation that is unfinished at the commencement may be continued and finished by or against the State. (3) A contract, agreement or arrangement in force at the commencement between the Corporation and another person is taken to be a contract, agreement or arrangement between the State and the person. Expiry of Part 172. This Part expires 2 months after it commences. PART 5—TRANSITIONAL REGULATIONS Transitional regulations 173.(1) A regulation may make provision with respect to any matter for which— (a) it is necessary or convenient to assist the operation from an Act repealed or amended by this Act to the operation of this Act; and (b) this Act does not make provision or sufficient provision. 20 22 s174 89 s174 Transport Operations (Passenger Transport) (2) A regulation under subsection (1) may be given retrospective effect to a date not earlier than the commencement. Expiry of Part 174. This Part expires 2 years after the commencement. Ne Transport Operations (Passenger Transport) N e FrAAN MW PY 10. 11. 12. 13. 14. 15. 16. 17. 18. SCHEDULE 1 DISQUALIFYING OFFENCES—PROVISIONS OF Cha Cha and Cha Cha Cha THE CRIMINAL CODE dictionary (def "disqualifying offence") pter 22 (Offences against morality) pter 26 (Assaults and violence to the person generally—Justification excuse) pter 27 (Duties relating to the preservation of human life) pter 28 (Homicide—Suicide—Concealment of birth) pter 29 (Offences endangering life or health) Cha pter 30 (Assaults) Section 343A (Assaults occasioning bodily harm) Sect: hay nay nQaQ Q fe) t ha) ha ha) ha ha) nay qaeaqaqaaQqaaaaa ha corp ion 344 (Aggravated assaults) pter 32 (Assaults on females—Abduction) pter 33 (Offences against liberty) ion 363 (Child-stealing) pter 36 (Stealing) pter 37 (Offences analogous to stealing) pter 38 (Stealing with violence—Extortion by threats) pter 39 (Burglary—Housebreaking—And like offences) pter 40 (Obtaining property by false pretences—Cheating) pter 41 (Receiving property stolen or fraudulently obtained and like fences) pter 42 (Frauds by trustees and officers of companies and orations—False accounting) io ON DD 11131517192124 26 Transport Operations (Passenger Transport) 19. 20. 21. 22. 23. SCHEDULE | (continued) Chapter 42A (Secret commissions) Chapter 46 (Offences) Chapter 49 (Punishment of forgery and like offences) Chapter 52 (Personation) Chapter 56 (Conspiracy) Hn vn ff WwW NY Transport Operations (Passenger Transport) SCHEDULE 2 1 APPEALS AGAINST ADMINISTRATIVE DECISIONS 2 sections 104 and 109 3 Section Description of decision Court 18 Refusal to grant or renew operator Magistrates accreditation 21 Amendment, suspension or cancellation of Magistrates operator accreditation 30 Refusal to grant or renew driver Magistrates authorisation 33 Amendment, suspension or cancellation of Magistrates driver authorisation 47(8) Requirement to take steps to remedy District or service inadequacies Magistrates 47(9) Termination of service contract for failure District or to remedy service inadequacies Magistrates 48(1) Amendment, suspension or cancellation of District or a service contract for contravention of a Magistrates condition of the service contract Transport Operations (Passenger Transport) 76(1) 78(2) 89(1) 134(1) 134(3) SCHEDULE 2 (continued) Amendment of the conditions of a taxi service licence Requirement to pay amount as condition of transfer of taxi service licence between areas Suspension or cancellation of a taxi service icence Amendment of conditions of a luxury imousine service licence Suspension or cancellation of a luxury imousine service licence Refusal to approve subdivision, rezoning, development, road works or changes to management of road Imposition of Conditions Magistrates District or Magistrates District or Magistrates Magistrates District or Magistrates Planning and Environment Planning and Environment If this Schedule indicates that an appeal may be made to a District Court or a Magistrates Court, the appeal is to be to a District Court if the amount involved is more than $40,000 and to a Magistrates Court in any other case. BR WNe Transport Operations (Passenger Transport) SCHEDULE 3 AMENDMENT OF ACTS section 143 MOTOR VEHICLES SAFETY ACT 1980 1. Section 6, definition "motor vehicle safety and performance requirements"— omit, insert— ' "motor vehicle safety and performance requirements" means the requirements of the State Transport Act 1960, Traffic Act 1949, Transport Infrastructure (Roads) Act 1991 or Transport Operations (Passenger Transport) Act 1994 about the construction, equipment and performance of motor vehicles.'. STATE TRANSPORT ACT 1960 1. Parts 3 to 4— omit. 2. Section 38— omit. 3. Section 42— omit. aonnann 15 17 19 Transport Operations (Passenger Transport) SCHEDULE 3 (continued) 4. Section 48— omit. 5. Parts 7 to 9A— omit. 6. Section 66— omit. 7. Section 69— omit. 8. Section 75— omit. 9. Sections 78 and 79— omit. 10. Schedule, clauses 2, 4 to 11, 13, 15, 15A, 16B and 16D— omit. STATE TRANSPORT (PEOPLE-MOVERS) ACT 1989 1. Section 3, definition "Corporation"— omit. 12 14 17 Transport Operations (Passenger Transport) SCHEDULE 3 (continued) 2. Sections 4 and 5— omit. 3. Sections 7 and 8— omit. 4. Section 16— omit, insert— "Making of agreement "16.(1) The chief executive may, for the State, enter into an agreement with the proposer about the building and operation of the people-mover system. '(2) This section does not limit the chief executive's powers under the Transport Planning and Coordination Act 1994 or another Act.'. TRAFFIC ACT 1949 1. Section 16(2C)(e)— omit, insert— '(e) a vehicle that has, or is required to have, a taxi service licence or luxury limousine service licence under the Transport Operations (Passenger Transport) Act 1994;°. 2. Section 30(1), 'State Transport Act 1960'— omit, insert— 'Transport Operations (Passenger Transport) Act 1994'. 15 1720Transport Operations (Passenger Transport) SCHEDULE 3 (continued) 3. Schedule, clause 3(2), 'State Transport Act 1960'— omit, insert— 'either the State Transport Act 1960 or the Transport Operations (Passenger Transport) Act 1994'. 4. Schedule, clause 19(a), 'State Transport Act 1960'— omit, insert— 'Transport Operations (Passenger Transport) Act 1994'. TRANSPORT INFRASTRUCTURE ACT 1994 1. Section 61L(1)(i), after 'officers and'— insert— 'provide for'. 2. Section 61ZA— insert— '(5) A regulation under this section may create offences and prescribe penalties for the offences or not more than 100 penalty units.'. 3. Section 61ZA(5) to (7)— renumber as 61ZA(6) to (8). 4. Section 70, definition "Corporation", after 'sole'-— insert— 'previously'. RW NY Nn 11 13 15 17 19Transport Operations (Passenger Transport) SCHEDULE 3 (continued) 5. Section 102— 1 insert— 2 "(5A) For the purposes of subsections (3) and (4), a permit about the 3 removal of extractive material (within the meaning of Chapter 5A) that was 4 in force immediately before 1 July 1994 is taken to be a permit validly in 5 force under the Marine Land Dredging By-law 1987.'. 6 6. Section 104— 7 insert— 8 "(2A) Section 64 (other than subsection (8)) (Power of Harbour Board to 9 lease lands and grant licences and permits to occupy lands) of the Harbours 10 Act 1955, as well as any definitions in that Act relevant to the section, also 11 continue to have effect for land mentioned in subsection (1)(c)(111) and (iv) 12 of the section.'. 13 7. Section 104(5) and (6), 'subsection (1)'— 14 omit, insert— 15 "subsections (1) and (2A)'. 16 8. After section 109— 17 insert— 18 'Leases and licences under s 64 of Harbours Act 19 "109A.(1) If— 20 (a) immediately before 1 July 1994, a lease or licence under 21 section 64 of the Harbours Act 1955 was in force, other than for 22 land vested in a harbour board under section 81(4) of the Act; and 23 (b) the lease or licence required the Minister's approval for— 24 (i) achange of use for a lease or licence for a term of not more 25 than 25 years (including any renewal option); or 26 Transport Operations (Passenger Transport) SCHEDULE 3 (continued) (11) an assignment or a subletting or sublicensing; 1 the Minister's approval is no longer needed. 2 '(2) This section expires 3 months after the day on which it commences. 3 '(3) Section 20A of the Acts Interpretation Act 1954 applies to this 4 section. 5 "Leases and licences under s 196 of Harbours Act 6 "109B.(1) If— 7 (a) immediately before 1 July 1994, a lease or licence under 8 section 196 of the Harbours Act 1955 was in force; and 9 (b) the lease or licence required the approval of the Minister for a 10 change of use, an assignment or a subletting or sublicensing; 11 the Minister's approval is no longer needed. 12 '(2) This section expires 3 months after the date on which it commences. 13 '(3) Section 20A of the Acts Interpretation Act 1954 applies to this 14 section.'. 15 9. Section 129 (as renumbered by Transport Infrastructure 16 Amendment Act 1994)— 17 renumber as section 132. 18 TRANSPORT INFRASTRUCTURE (ROADS) ACT 1991 19 1. Section 1.5, definition "Corporation"— 20 omit. 21 Transport Operations (Passenger Transport) SCHEDULE 4 REPEALS section 144 Transport Laws (Fees) Act 1964 No. 3 Transport Laws Validation Act 1962 11 Eliz 2 No. 24 Urban Passenger Service Proprietors Assistance Act 1975 No. 81 Urban Passenger Service Proprietors Assistance Act Amendment Act 1976 No. 91 Urban Passenger Service Proprietors Assistance Act Amendment Act 1977 No. 58 Urban Passenger Service Proprietors Assistance Act Amendment Act 1978 No. 90 Urban Public Passenger Transport Act 1984 No. 112 Transport Operations (Passenger Transport) DICTIONARY section 4 "accredited operator" means a person who holds an operator accreditation or provisional operator accreditation. "air service" means a scheduled passenger service provided by aircraft between airports in the State. "authorised driver" means a person who holds a driver accreditation or a provisional driver accreditation. "authorised person" means a person who is appointed as an authorised person under this Act. "bus" means a motor vehicle with seating capacity for 9 or more passengers (excluding the driver). "charter bus service" means a public passenger service involving the charter of a bus and driver for prearranged journeys and for preagreed amounts if— (a) neither the operator nor the driver receive individual fares; and (b) each journey has a common origin or destination or both; and (c) the charterer has the right to decide the route and time of travel. "commercial service contract" see section 51(2). "community transport service" means a passenger transport service funded or subsidised out of public money or by a charity and provided for the benefit of a particular group. "conviction" includes a finding of guilt, and the acceptance of a plea of guilty, by a court, whether or not a conviction is recorded. "courtesy transport service" means a passenger transport service provided, free of charge, by an entity using a vehicle of the entity for customers, clients or students of the entity. "criminal history" of a person means the person's criminal history within the meaning of the Criminal Law (Rehabilitation of Offenders) Act 1986, and— Transport Operations (Passenger Transport) DICTIONARY (continued) (a) despite section 6 of that Act, includes a conviction of the person to which the section applies; and (b) despite section 5 of that Act, includes a charge made against the person for an offence. "demand management measures" includes pricing of parking, other demand management pricing, bus priority and high vehicle occupancy measures. Example of high vehicle occupancy measures— Dedicated transit lanes. "disqualifying offence" means— (a) an offence against a provision of the Criminal Code mentioned in Schedule 1; or (b) an offence against the Drugs Misuse Act 1986 punishable by imprisonment for 1 year or more, even though a fine may be imposed in addition or as an alternative; or (c) an offence against the Weapons Act 1990 punishable by imprisonment for 1 year or more, even though a fine may be imposed in addition or as an alternative; or (d) an offence prescribed by regulation; or (e) an offence committed outside Queensland that would be a disqualifying offence if committed in Queensland. "driver" means the driver of a public passenger vehicle. "driver authorisation" see section 25. "eligible school children" means children whose travel to and from school or another educational establishment is the subject of an arrangement under section 133. "executive officer" of a corporation means a person who is concerned with, or takes part in, the corporation's management, whether or not the person is a director or the person's position is given the name of executive officer. "ferry" includes ship, boat and hovercraft. CO ANIDNH FW NK e Oo ee NR aren ARG RP Re ona e \o NN re Oo NN wioN N NN Hun BWrwmwNnNN CoO MmN Ww pear Transport Operations (Passenger Transport) DICTIONARY (continued) "ferry service" means a public passenger service provided by a ferry on or over water, and includes a service provided by water taxi. "sovernment funded service contract" see section 51(3). "lease" of a taxi service licence or a luxury limousine service licence means a transfer of the licence made on condition that the licence will, at the end of a specified term, or on fulfilment of a specified condition, revert to the transferor. "local government road" means a road under the control of a local government. "long distance scheduled passenger service" means a scheduled public passenger service in which passengers are carried on an established route— (a) for an average distance of at least 40 km; or (b) between non-contiguous service contract areas or routes. "luxury limousine" means a motor vehicle for which a luxury limousine service licence is in force. "luxury limousine service" means an unscheduled public passenger service provided by a luxury motor vehicle where the fare for a journey is decided before the journey begins. "luxury limousine service licence" see section 83. "luxury motor vehicle" means a vehicle declared by a regulation to be a luxury motor vehicle. "obstruct" includes hinder, resist or attempt to obstruct. "occupier" of a place includes a person who reasonably appears to be the occupier, or in charge of, the place. "operator" means a person carrying on the business of providing a public passenger service, and includes a person carrying on the business of administering a taxi service. "operator accreditation" see section 13. "person in control" includes— CoO ADUNBR WwW NY RP Re NRO ee KR Ww eR num a Con N Co Nw Ne N we NN ns NO wpeN wornD Ww N Co Oo Transport Operations (Passenger Transport) DICTIONARY (continued) (a) for a ferry—the person who has, or reasonably appears to have, command or charge of the ferry; and (b) for another vehicle—the vehicle's driver or the person who reasonably appears to be the vehicle's driver. "place" includes land, waters and premises, but does not include a vehicle. "premises" includes— (a) a building, wharf or other structure; and (b) apart of a building, wharf or other structure; and (c) land or waters where a building, wharf or other structure is situated. "public notice" means a notice published in a newspaper circulating generally throughout the State or, if the matter being published is of interest only in a particular area, in a newspaper circulating generally throughout the area. "public passenger service" means a service for the carriage of passengers if— (a) the service is provided for fare or other consideration; or (b) the service is provided in the course of a trade or business (but not if it is provided by an employer solely for employees); or (c) the service is a courtesy or community transport service; but does not include a service excluded from this Act by a regulation. "public passenger vehicle" means any of the following vehicles used to transport members of the public— (a) abus; (b) a ferry; (c) a taxi; (d) a fixed track vehicle; (e) an aircraft; (f) a luxury limousine; o sa an nn RW Ne 1214 16 19 21 23 252729 Transport Operations (Passenger Transport) DICTIONARY (continued) (g) avehicle classified by regulation as a public passenger vehicle. "public place" means a place that the public is entitled to use, is open to the public or is used by the public, whether or not on payment of money. "restricted school service" means a scheduled passenger service only for the transport of school children who pay fares for the service if the amount of the fares is negotiated between the school concerned and the operator. "road" has the same meaning as in Chapter 5 (Road transport infrastructure) of the Transport Infrastructure Act 1994. "road works" has the same meaning as in Chapter 5 (Road transport infrastructure) of the Transport Infrastructure Act 1994. "scheduled passenger service" means a public passenger service conducted on an established route in accordance with a regular timetable, and includes a school service and a restricted school service, but does not include a tourist service or a long distance scheduled passenger service. "school service" means a public passenger service only or primarily for the transport of school children. "service contract" see section 39(1). "service contract area or route" means an area or route for which a service contract is required under section 43 (Declaration that service contracts are required) to provide particular public passenger services. "standard" means a standard in force under this Act. "taxi" means a motor vehicle for which a taxi service licence is in force. "taxi service" means a public passenger service provided by a motor vehicle with a seating capacity for not more than 11 passengers (excluding the driver) under which the vehicle— (a) is able, when not hired, to be hailed for hire by members of the public; and (b) provides a demand responsive service under which members of the public are able to hire the vehicle through electronic communication; and BPS CM ADUWA WH a Dn BW pO ile' on e \o NO wpohN NH oO NN KR Ww NN pp NAW NYw \Oo Ww Ww NR oO Transport Operations (Passenger Transport) DICTIONARY (continued) (c) may ply or stand for hire on a road. 1 "taxi service area" means an area declared under section 72 (Taxi service areas). "taxi service licence" see section 70. 3"tourist service" means a prebooked public passenger service for the 5 carriage of tourists on a publicly available tour itinerary to a common 6 scenic or tourist attraction. 7 "Transport Coordination Plan" means the Transport Coordination Plan developed under the Transport Planning and Coordination Act 1994. "vehicle" includes a ferry. 10 © State of Queensland 1994