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Transport Operations (Passenger Transport) and Other Legislation Amendment Bill 2012
Transport Operations (Passenger
Transport) and Other Legislation
Amendment Bill 2012
Explanatory Notes
Short title
The short title of the Bill is the Transport Operations (Passenger
Transport) and Other Legislation Amendment Bill 2012.
Policy objectives and reasons for the Bill
The primary objectives of the Transport Operations (Passenger Transport)
and Other Legislation Amendment Bill 2012 (the Bill) are to:
1. Dissolve the TransLink Transit Authority (TransLink) as a statutory
authority by repealing the Transport Operations (TransLink Transit
Authority) Act 2008 (the TransLink Act).
Through dissolving TransLink as a statutory authority, the Bill will remove
unnecessary duplication and help resolve community and operator
interface issues that have resulted from two separate units of administration
for public passenger services. The Bill will also dissolve the TransLink
Transit Authority Employing Office (TTAEO). This change accords with
the Queensland Government's plan to lower the cost of living for families
by cutting waste; deliver better infrastructure and better planning; revitalise
front line services; and restore accountability in government.
2. Make minor amendments to the Transport Operations (Passenger
Transport) Act 1994 (the Act) to:
· improve the administration of civil banning orders;
· enhance the definition of public transport infrastructure;
· extend the maximum term for an emergency service contract without
inviting offers;
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Transport Operations (Passenger Transport) and Other Legislation Amendment Bill 2012
· clarify that a transit officer may either release a detained person on
direction of a police officer or hold the person until a police officer
arrives to deal with the person; and
· create offences for equipping, or requiring or allowing the use of, a
taximeter in a vehicle other than a taxi.
These changes will help ensure the safe, secure and efficient delivery of
public passenger services in Queensland.
Achievement of policy objectives
To achieve the objective of reducing unnecessary duplication and resolving
community and operator interface issues, the Bill will dissolve TransLink
and the TTAEO by repealing the TransLink Act.
The Bill will achieve its objective of making administrative improvements
to the civil banning order provisions in the Act by:
· clarifying when a penalty infringement notice is `dealt with' for the
purpose of applying for a civil banning order;
· changing the period for accruing ten or more penalty infringement
notices to any 12-month period in the two years before the
application;
· clarifying that the applicant does not need to provide evidence of the
respondent's personal circumstances to the court when preparing a
civil banning order application;
· removing the requirement for the proper officer of the Magistrates
Court to prepare and give the order to relevant parties; and
· allowing an authorised person to direct a person in contravention of a
civil banning order to leave, or not enter, public transport
infrastructure consistent with exclusion orders.
The Bill will achieve its objective of enhancing the definition of public
transport infrastructure in the Act by:
· ensuring that public transport infrastructure includes all infrastructure
that is related to the provision of public passenger services for rail,
light rail, bus and ferry modes; and
· broadening the definition to include bus stops to allow authorised
persons to exercise their enforcement powers effectively and safely at
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Transport Operations (Passenger Transport) and Other Legislation Amendment Bill 2012
bus stops, while also ensuring that there is minimal encroachment on
public space.
The Bill will achieve its other objectives by:
· changing the maximum term for an emergency service contract
without inviting offers from six to 12 months;
· removing the requirement for a transit officer to transport a detained
person to a police officer; and
· creating offences for equipping, or requiring or allowing the use of, a
taximeter in a vehicle other than a taxi.
Alternative ways of achieving policy objectives
The only option for achieving the objective of removing duplication and
resolving community and operator interface issues was to consolidate the
passenger transport functions of the Department of Transport and Main
Roads (the department) and TransLink. This option is achieved by
repealing the TransLink Act.
Civil banning orders are a court-based enforcement mechanism intended to
deter violent or repeat offenders on the public transport network. The
orders can prohibit offenders from using, or restricting offenders' use of,
the public transport network for a period of not more than 12 months.
Enhancing the civil banning order provisions in the Act may only be
achieved through a series of legislative amendments.
The definition of public transport infrastructure is crucial for enforcing
certain offences on, or in relation to, the public transport network. The
definition must be sufficiently broad to capture all infrastructure that is
related to the provision of a public passenger service for rail, light rail, bus
and ferry modes. The definition must also include bus stops to allow
authorised persons to exercise their powers at bus stops. If a person is
creating a disturbance on a bus, it is reasonable for an authorised person to
be able to direct a person to leave the bus, as this minimises disruption to
the service and ensures the safety of other passengers, and deal with the
person at the bus stop. Given that this definition relates to offences in the
Act, this change can only be achieved through an amendment to the Act.
The other minor policy objectives relate to issues that have been identified
with the existing legislation. As such, the changes can only be made
through amendments to the Act. Legislative amendments provide the
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Transport Operations (Passenger Transport) and Other Legislation Amendment Bill 2012
greatest net benefit for the community as they provide greater certainty and
clarity for the public on existing provisions in the legislation.
Estimated cost for government implementation
The Bill seeks to reduce administrative duplication and resolve community
and operator interface issues by dissolving TransLink through the repeal of
the TransLink Act. The Bill is expected to result in cost savings for
government over time including accommodation, staffing and overheads.
Creating a single unit of administration for public passenger services in
Queensland will also help facilitate service contract reform, which may
result in cost savings and efficiencies for government and industry over
time.
The other minor administrative amendments will not result in additional
costs for government as they seek to clarify or simplify existing legislation.
These amendments will create greater certainty for government, the general
public and industry.
Consistency with fundamental legislative principles
The department considers that the Bill is consistent with fundamental
legislative principles. The Bill includes sufficient safeguards to ensure that
any liabilities that TransLink currently holds in relation to an external party
will be preserved on transfer to the State. The Bill also preserves TransLink
employee entitlements.
The Office of the Queensland Parliamentary Counsel has not advised that
the Bill is inconsistent with fundamental legislative principles.
Consultation
The department consulted the Limousine Association Queensland and Taxi
Council of Queensland in relation to the amendment to prohibit the use of
taximeters in vehicles other than taxis. Both entities are supportive of the
amendments. The department did not consult the community or industry
about the other amendments contained in the Bill.
All relevant government stakeholders have been consulted on relevant
aspects of the Bill including the Department of the Premier and Cabinet;
Justice and Attorney-General; Queensland Treasury and Trade;
Queensland Police Service; and Queensland Rail. All government
stakeholders support the Bill.
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Transport Operations (Passenger Transport) and Other Legislation Amendment Bill 2012
Notes on provisions
Part 1 Preliminary
Clause 1 states, when enacted, the Bill may be cited as the Transport
Operations (Passenger Transport) and Other Legislation Amendment Act
2012.
Clause 2 provides that certain provisions of the Act commence on a day to
be fixed by proclamation. Provisions that are not mentioned will
commence on Assent.
Part 2 Amendment of Transport
Operations (Passenger
Transport) Act 1994
Clause 3 specifies that this part amends the Transport Operations
(Passenger Transport) Act 1994.
Clause 4 provides that a passenger transport strategy for an area must not
be inconsistent with, and must give effect to, an integrated regional
transport plan for the area. This change is necessary as a consequence of
the repeal of the TransLink Act.
Clause 5 removes the distinction between TransLink service contracts and
other service contracts in section 43(1) as a consequence of the repeal of
the TransLink Act. The maximum penalty for contravening section 43(1) if
the service contract area or route is in the integrated mass transit area,
which corresponds with the former TransLink area, will remain 160
penalty units. Section 43(2) limitations will apply to a written agreement
with the chief executive for a service contract area or route that is not in the
integrated mass transit area.
Clause 6 amends section 48C(2) to allow the chief executive to enter into
emergency service contracts without inviting offers for a maximum term of
12 months to ensure continuity of a public passenger service. The chief
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Transport Operations (Passenger Transport) and Other Legislation Amendment Bill 2012
executive may currently enter into emergency service contracts without
inviting offers for a maximum term of six months. However, this period
does not give sufficient time to complete an open tender process.
Clause 7 clarifies that each annual report of the department must include
details of funding or other financial assistance for each holder of a service
contract who receives State funding or other assistance as a consequence of
the repeal of the TransLink Act.
Clause 8 defines the integrated mass transit area. This new area replaces the
current TransLink area and is determined by the combination of service
contract areas or routes mentioned in schedule 1B. The service contract
areas or routes listed in schedule 1B mirror the service contract areas or
routes in the current TransLink area. Additional service contract areas or
routes may be added to the integrated mass transit area under a regulation if
they are in the SEQ area. The purpose of defining the integrated mass
transit area is to limit the use of integrated mass transit service contracts to
service contracts in the area.
Clause 9 describes an integrated mass transit service contract and amends
section 62AAC to replace each reference to a TransLink service contract
with a reference to an integrated mass transit service contract. An
integrated mass transit service contract is a service contract for a general
route service in the integrated mass transit area.
Clause 10 replaces an erroneous reference to section 42A with a reference
to section 42. A related declaratory provision under clause 28, new section
194, declares that the definition of specified kind in section 62AAG(6) is
taken always to have referred to section 42.
Clause 11 removes the special event provisions for the TransLink area. The
Act currently contains two sets of special event provisions that apply
separately to the TransLink and non-TransLink area. The provisions are
substantially the same other than applying over different areas of the State.
As the responsibility for special events will now reside within the one
agency, it is not necessary to retain two sets of provisions for special
events. This change will not materially affect the application of the special
event provisions.
Clause 12 removes the redundant heading for special events in the
non-TransLink area.
Clause 13 inserts a new definition of `non-integrated mass transit area' for
part 4.
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Transport Operations (Passenger Transport) and Other Legislation Amendment Bill 2012
New definition of `non-integrated mass transit area' means an area other
than the integrated mass transit area. This term is not intended to imply that
services in the non-integrated mass transit area are not integrated or not
mass transit.
Clause 14 provides that a road closure or bus stop relocation is significant
if, for an event in the integrated mass transit area, it is likely to affect the
provision of services generally in the integrated mass transit area. A road
closure or bus stop relocation is significant if, for an event in the
non-integrated mass transit area, it is likely to affect the provision of
services generally in the non-integrated mass transit area. This clause also
makes it clear that if the event is in the integrated mass transit area, a
special event declaration may be published in a newspaper circulating in
the integrated mass transit area; otherwise, the declaration may be
published in a newspaper circulating in the non-integrated mass transit
area. Clause 14 also omits a redundant reference to the non-TransLink area
and renumbers section 67F to 67C.
Clause 15 omits a reference to the non-TransLink area and renumbers
section 67G to section 67D.
Clause 16 omits a reference to the non-TransLink area, omits a redundant
note and renumbers section 67H to section 67E.
Clause 17 replaces a reference to section 67H(1) with a reference to section
67E(1) and renumbers section 67I to section 67F. Clause 17 also provides
for publishing special event approvals in the integrated mass transit area
and non-integrated mass transit area.
Clause 18 inserts new offences for equipping, or requiring or allowing the
use of, a taximeter in a vehicle other than a taxi.
New section 74AC(1) prohibits the operator of a public passenger service
from equipping a vehicle used, or intended to be used, to provide the
service with a taximeter or similar instrument unless the vehicle is a taxi
(this offence includes keeping the taximeter in the vehicle). The maximum
penalty for this offence is 160 penalty units.
New section 74AC(2) prohibits the operator of a public passenger service
from requiring or allowing the driver of a vehicle being used to provide the
service to use a taximeter or similar instrument unless the vehicle is a taxi.
The maximum penalty for this offence is 160 penalty units.
New section 74AC(3) specifies that this section does not apply to the
operator of a cross-border taxi service.
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Transport Operations (Passenger Transport) and Other Legislation Amendment Bill 2012
New section 74AC(4) defines `hiring a vehicle' and `similar instrument'
for this section.
New definition of `hiring a vehicle' includes hiring a vehicle, hiring a
driver or hiring a vehicle and driver for the journey.
New definition of `similar instrument' means an instrument that is
designed to calculate the amount of a fare for hiring a vehicle for a journey
during or after the journey by reference to time, distance or another matter
relating to the journey similar to a taximeter.
Clause 19 removes the requirement for a transit officer to take a detained
person to a police officer. Transit officers currently use the public transport
network while undertaking enforcement activities and do not have access to
an appropriate vehicle for transporting detained persons to a police officer.
The current requirement for a transit officer to take a detained person to a
police officer could affect the safety and security of passengers using the
network. Amended section 129E will require that a transit officer contact a
police officer after detaining a person to seek direction on whether to
release the person or continue detaining the person until a police officer
arrives to deal with the person.
Clause 20 clarifies that a transit officer must give a written report to a
police officer if the police officer takes a detained person into their custody.
Clause 21 removes the requirement for a written report to state how a
person was transported to a police officer as transit officers will no longer
be required to transport detained persons to police officers. This clause also
inserts a new requirement for the report to state the time when the police
officer took the detained person into their custody if this occurs.
Clause 22 removes the requirement for a transit officer to advise the
responsible person of certain matters where the transit officer is
transporting a detained child or person with an impaired capacity to a
police officer as transit officers will no longer be required to do this. If the
transit officer is detaining the child or person with impaired capacity at a
place until a police officer arrives, the transit officer must advise the
responsible person for the child or person with an impaired capacity of
certain matters as soon as practicable.
Clause 23(1) amends section 129ZL(1)(c) to specify that the application
for a civil banning order must state the information necessary to satisfy the
court of the matters mentioned in section 129ZO(1) or (2)(a) to (f). This
change makes it clear that the applicant does not need to provide
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Transport Operations (Passenger Transport) and Other Legislation Amendment Bill 2012
information to the court about the respondent's personal circumstances.
The respondent will be responsible for providing this information.
Clause 23(2) inserts a new requirement in section 129ZL that the
application must state that if the respondent would like the court to
consider a matter relating to the respondent's personal circumstances, the
respondent must provide that information.
Clause 23(3) renumbers subsections within section 129ZL.
Clause 24(1) omits references to part 3 of the State Penalties Enforcement
Act 1999 from section 129ZO as a consequence of the amendment to the
definition of `dealt with'.
Clause 24(2) amends section 129ZO(1)(a) to allow a court to make a civil
banning order if satisfied that within any 12-month period occurring in the
2 years before the date of the application, the respondent was served 10 or
more infringement notices for relevant offences.
Clause 24(3) amends the definition of `dealt with' by inserting the event
where an order has been made against the respondent under section 38 of
the State Penalties Enforcement Act 1999. This new paragraph will cover
the situation where a person defaults on an infringement notice after being
given an opportunity to pay the fine, elect for the matter to be dealt with by
a Magistrates Court or apply for approval to pay the fine by instalments.
Clause 25 clarifies that if a court makes a civil banning order or interim
civil banning order for a respondent, the order must be served on the
respondent. This clause also clarifies that certain provisions in this section
apply where a legal or other representative of the respondent is present or
not present at the court hearing.
Clause 26 removes certain requirements for the proper officer of the
Magistrates Court under section 129ZT.
Clause 27 amends section 143AHB to allow authorised persons to direct a
person in contravention of a civil banning order to leave, or not to enter,
public transport infrastructure. This amendment aligns enforcement powers
of authorised persons for civil banning orders with existing powers for
exclusion orders.
Clause 28 inserts a new part 13 for transitional and declaratory provisions
for this Act that will commence on Assent.
New section 193 contains relevant definitions for part 13 including
`repealed Act', `transfer day' and `TransLink'.
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Transport Operations (Passenger Transport) and Other Legislation Amendment Bill 2012
New definition of `repealed Act' means the Transport Operations
(TransLink Transit Authority) Act 2008.
New definition of `transfer day' means the day on which section 32 of this
Act (Repeal) commences and TransLink is dissolved.
New definition of `TransLink' means either the TransLink Transit
Authority or TransLink Transit Authority Employing Office established
under the TransLink Act.
New section 194 declares that the definition of `specified kind' in section
62AAG(6), as inserted in 2008, is taken always to have referred to section
42. This provision clarifies that the reference to section 42A was erroneous.
Clause 29 inserts transitional provisions for this Act that will commence on
a day to be fixed by proclamation.
New section 195 applies to contracts other than service contracts, work
performance arrangements or contracts of employment to which TransLink
is a party immediately before the transfer day. This new section provides
that despite any provision of the contract, the State is taken to be a party to
the contract instead of TransLink. The State assumes all liabilities and
rights under the contract and a reference to TransLink in the contract is
taken to be a reference to the State. This provision provides certainty for
the State and other parties to a contract with TransLink.
New section 196 clarifies that the repeal of the TransLink Act does not alter
or affect an existing service contract and a TransLink service contract is
taken to be an integrated mass transit service contract.
New section 197 provides for the transfer of TransLink assets and liabilities
to the State. At the beginning of the transfer day, TransLink's assets and
liabilities become the State's assets and liabilities.
New section 198 clarifies that the State is the successor in law of
TransLink.
New section 199 provides for the registration of TransLink assets that are
transferred to the State. The registrar of titles or other person responsible
for keeping a register must, if asked in the appropriate form and on
payment of any fees, record the transfer.
New section 200 clarifies that a reference to TransLink in a document is
taken to be a reference to the State. A reference to TransLink in an
industrial instrument is expressly excluded from this provision.
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Transport Operations (Passenger Transport) and Other Legislation Amendment Bill 2012
New section 201 transfers any employees of TransLink to the department.
New section 201(2) ensures that employee rights and entitlements are
preserved on repeal of the TransLink Act.
New section 202 clarifies that a special event declaration or written
approval made or given immediately before the transfer day has effect as if
it were a special event declaration or written approval under the amended
special event provisions.
Clause 30 inserts new schedule 1B prescribing all the service contract areas
or routes for the purpose of defining the integrated mass transit area.
Clause 31(1) omits the definition of `public transport infrastructure' from
schedule 3. A new definition of `public transport infrastructure' is inserted
by clause 31(3).
Clause 31(2) omits redundant definitions from schedule 3.
Clause 31(3) inserts new definitions for `cross-border taxi rank',
`cross-border taxi service', `NSW taxi', `public transport infrastructure'
and `taximeter'.
New definition of `cross-border taxi rank' is relocated from the Transport
Operations (Passenger Transport) Regulation 2005 as a consequence of the
creation of new offences relating to taximeters.
New definition of `cross-border taxi service' is relocated from the
Transport Operations (Passenger Transport) Regulation 2005 as a
consequence of the creation of new offences relating to taximeters.
New definition of `NSW taxi' is relocated from the Transport Operations
(Passenger Transport) Regulation 2005 as a consequence of the creation of
new offences relating to taximeters.
New definition of `public transport infrastructure' includes infrastructure
that is related to the provision of public passenger services for rail, light
rail, bus and ferry modes. The definition also includes bus stops and the
area in the immediate vicinity of bus stops. The inclusion of bus stops will
allow authorised persons to more safely resolve enforcement-related
matters by moving offenders off buses and onto bus stops, while ensuring
there is minimal encroachment on public space.
New definition of `taximeter' is relocated from the Transport Operations
(Passenger Transport) Regulation 2005 as a consequence of the creation of
new offences relating to taximeters.
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Transport Operations (Passenger Transport) and Other Legislation Amendment Bill 2012
Clause 31(4) inserts new definitions for `integrated mass transit area',
`integrated mass transit service contract', `non-integrated mass transit area'
and `special event'.
New definition of `integrated mass transit area' refers to section 62AAA.
New definition of `integrated mass transit service contract' refers to section
62AAC.
New definition of `non-integrated mass transit area' refers to chapter 6, part
4, section 67B.
New definition of `special event' is defined as an event the subject of a
declaration under section 67C.
Part 3 Repeal
Clause 32 repeals the TransLink Act, dissolving TransLink and the
TTAEO.
Part 4 Minor and consequential
amendments
Clause 33 specifies that the schedule amends the Acts mentioned in it.
The schedule makes consequential amendments to the Integrity Act 2009,
Public Service Act 2008, Transport Infrastructure Act 1994, Transport
Operations (Passenger Transport) Act 1994 and Transport Planning and
Coordination Act 1994.
The schedule also makes minor amendments to the Transport
Infrastructure Act 1994 and Transport Operations (Road Use
Management) Act 1995 to clarify that a transport infrastructure strategy or
road use management strategy for an area must not be inconsistent with,
and must give effect to, an integrated regional transport plan for the area.
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© State of Queensland 2012