Transport and Other Legislation Amendment Bill 2017

Introduced: 23/5/2017By: Hon J Trad MPStatus: PASSED

Transport & Roads Justice & Rights Children & Families Government & Elections

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Plain English Summary

This is an omnibus bill covering multiple policy areas.

Overview

This bill bundles a series of changes to Queensland transport laws. It lowers the age for the state proof-of-age card from 18 to 15 and renames it the 'photo identification card', lets people apply for many transport products online instead of on paper forms, tightens rules that stop people convicted of attempted rape from driving taxis and buses, and updates public transport enforcement, dangerous goods and road works rules.

Who it affects

Teenagers aged 15-17 who want an official photo ID, anyone dealing with the Department of Transport and Main Roads, public passenger drivers, public transport users and local councils planning road works that affect bus routes.

Photo identification card from age 15

The 'adult proof of age card' is renamed the 'photo identification card' and becomes available to Queenslanders aged 15 and over. Existing adult proof of age cards automatically continue as photo identification cards.

Eligibility drops from 18 to 15 years of age
Card is renamed from 'adult proof of age card' to 'photo identification card'
The Adult Proof of Age Card Act 2008 is renamed the Photo Identification Card Act 2008
Existing cards and register entries automatically carry over

Online and flexible applications

Removes the requirement that many transport transactions must be made only on an approved paper form and lets the department approve alternative ways — including online portals, apps or phone — to apply for licences, replacements, information releases and vehicle nominations.

Licence replacements, vehicle nominations, interlock exemptions and traffic history requests can be lodged in approved alternative ways, not just on paper
The chief executive must publish approved ways and required information on the department's website
Only information 'reasonably necessary' to decide an application can be demanded
The chief executive can cancel an application if further information is not supplied within 28 days

Attempted rape disqualifies public passenger drivers

Corrects an unintended gap so that a conviction for attempted rape against any victim disqualifies a person from driver authorisation for taxis, rideshare and other public passenger vehicles. Existing authorisations run out at the end of their current term and cannot be renewed.

Attempted rape is a Category A driver disqualifying offence regardless of the victim's age
Pending applications and review proceedings for affected drivers are terminated on commencement
Existing driver authorisations continue only until their current expiry
Affected drivers cannot apply for a new authorisation or a renewal

Public transport enforcement

Expands authorised officers' power to use reasonable force to remove unruly passengers into areas immediately adjacent to public transport infrastructure, and restricts what personal details about transit officers must appear in detention reports given to detained people.

Authorised officers can use reasonable force on footpaths, roadsides and other areas next to buses, light rail platforms and busways
Detention reports must no longer include the transit officer's name or workplace address
Transit officers get a unique identification number shown on identity cards and detention reports
Identity cards for authorised persons must include an expiry date

Dangerous goods and infectious substances

Puts beyond doubt that transport of any amount of infectious substances (UN Division 6.2) is regulated, and realigns the small-quantity exemption for other dangerous goods with the current Australian Dangerous Goods Code.

No small-quantity exemption applies to UN Division 6.2 infectious substances
The small-quantity exemption for other dangerous goods is prescribed by reference to the latest Australian Dangerous Goods Code
Obsolete 'inner package' wording is removed from road and rail dangerous goods rules

Local council road works affecting public transport

Replaces the former technical Code with a road works guideline for works on routes used by scheduled passenger services, and requires councils to give the department advance written notice before works that disrupt bus routes or public transport infrastructure.

Councils must notify the Department of Transport and Main Roads in writing at least 21 days before works that restrict a public passenger service
A new road works guideline replaces the Code for the Integrated Development Assessment System
Maximum penalty of 10 penalty units for non-compliance with the road works guideline
The test for departmental approval of changes to road management focuses on 'significant adverse impact' on scheduled passenger services

Transport security confidentiality

Increases the maximum penalty for leaking confidential transport security information and locks in five-yearly reviews of the Transport Security (Counter-Terrorism) Act.

Maximum confidentiality penalty rises from 60 to 200 penalty units
The Minister must review the Act every five years and table a report in Parliament

Marine safety, rail and heavy vehicle technical fixes

Keeps ships not covered by the Commonwealth domestic commercial vessel law under Queensland regulation, clarifies the regulation-making power for Heavy Vehicle National Law fees, and removes a redundant definition from the Rail Safety National Law (Queensland) Act.

New definition of 'other Queensland regulated ship' preserves Queensland coverage of ships outside Commonwealth law
A new section 43A clarifies that Heavy Vehicle National Law fees are the amounts set by Queensland regulation
A redundant 'local regulation' definition is removed from the Rail Safety National Law (Queensland) Act
The superseded Transport Operations (Marine Safety) Transitional Regulation 2016 is repealed

How this affects you

Transport & Roads

•You can apply for licence replacements, interlock exemptions and traffic-history information online instead of only on paper formsClauses 72-80 (Chapter 5B)Removes the requirement to use an approved paper form and lets the chief executive approve alternative ways, such as electronic communication, for making applications under the Transport Operations (Road Use Management) Act 1995.
•Transit officers can use reasonable force to remove unruly passengers in areas next to buses, light rail platforms and busways, not just on the vehicle itselfClauses 66-67The authorised person may exercise the power in, or in an area adjacent to, the public transport infrastructure, with examples including a footpath adjacent to a parked bus or the side of a road adjacent to a light rail station.
•If you are detained by a transit officer, the written report given to you will no longer show the officer's name or workplace - only a unique ID numberClauses 64-65A written report given under section 129F must not include the transit officer's name or the address of the place the officer received instructions from; instead it must include the officer's unique identification number.
•Councils must give 21 days' written notice before road works that restrict access to a bus route or public transport infrastructureClause 85The local government must notify the chief executive about the works in writing at least 21 days before the works start if they will restrict or limit access to a public passenger service.

Justice & Rights

•A conviction for attempted rape disqualifies a person from driving taxis, rideshare or other public passenger vehicles, regardless of whether the victim was a child or an adultClause 69Schedule 1A is amended to remove the qualification 'if the offence was committed against a child', making attempted rape a Category A driver disqualifying offence in all cases.
•Public passenger drivers already convicted of attempted rape cannot renew their driver authorisation, and any pending appeal or application is cancelled when the law startsClause 68 (new s 217)Pending applications are terminated, entitlements arising from existing decisions are extinguished, and existing authorisations continue only for the term of the current authorisation.
•The maximum fine for leaking confidential transport security information rises from 60 to 200 penalty unitsClause 96Section 57 of the Transport Security (Counter-Terrorism) Act 2008 is amended to replace 60 penalty units with 200 penalty units.

Children & Families

•If you are 15, 16 or 17, you can get a state-issued photo identification card to prove your age and identity at banks and other institutionsClauses 4, 8, 10A photo identification card is issued under the Act and states a person is at least 15 years of age; eligibility requires residence in Queensland and age of at least 15.
•The card previously called the 'adult proof of age card' is renamed the 'photo identification card', and existing cards automatically continue to workClauses 5, 38 (new s 52)An adult proof of age card in force immediately before the commencement continues in force as a photo identification card.

Government & Elections

•The Transport Security (Counter-Terrorism) Act must be formally reviewed every five years with the outcome tabled in ParliamentClause 97The Minister must review the Act every 5 years and table a report on the review's outcome in the Legislative Assembly within one year after the end of each five-year period.
•The department must publish approved alternative application methods and required information on its website so you can see what is acceptedClauses 32, 80 (new ss 32, 163)The chief executive may, by publishing a notice on the department's website, approve a way in which an application or notification may be made and require stated information to be given.

Bill Journey

Introduced23 May 2017

First Reading

Committee

Committee Report24 July 2017

Committee report tabled

Second Reading

In Detail

Third Reading

Royal Assent25 Aug 2017

Referenced Entities

Legislation

Sectors Affected

Criminal Law Maritime Public Transport Road Transport Transport Infrastructure

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