Queensland Bills Queensland Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Motor Accident Insurance and
Other Legislation Amendment
Bill 2010
Queensland
Motor Accident Insurance and Other
Legislation Amendment Bill 2010
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Part 2 Amendment of Motor Accident Insurance Act 1994
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
4 Amendment of s 3 (Objects). . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
5 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 9
6 Amendment of s 20A (Temporary gratuitous insurance) . . . . . . . 10
7 Amendment of s 23 (Statutory policy of insurance) . . . . . . . . . . . 10
8 Amendment of s 66 (Withdrawal or suspension of licence) . . . . . 10
9 Amendment of s 67 (Effect of withdrawal or suspension on
existing liabilities etc.). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
10 Insertion of new s 67A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
67A When State may underwrite CTP insurance policies . 12
11 Insertion of new s 72A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
72A Declarations from licensed insurer . . . . . . . . . . . . . . . 14
12 Insertion of new s 96 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
96 Inducement for CTP insurance business prohibited. . 15
13 Amendment of s 97 (CTP premiums not to be discounted etc.). . 18
14 Insertion of new pt 7, div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Division 6 Transitional provisions for the Motor Accident
Insurance and Other Legislation Amendment
Act 2010
113 Termination of s 96 inducement . . . . . . . . . . . . . . . . . 19
114 Termination of s 97(5) inducement . . . . . . . . . . . . . . . 20
Part 3 Amendment of Queensland Competition Authority Act 1997
15 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Motor Accident Insurance and Other Legislation Amendment Bill 2010
Contents
16 Amendment of s 5 (Definitions--the dictionary) . . . . . . . . . . . . . . 21
17 Amendment of s 10 (Authority's functions) . . . . . . . . . . . . . . . . . . 22
18 Amendment of s 69E (Object of pt 5) . . . . . . . . . . . . . . . . . . . . . . 22
19 Amendment of s 70 (Meaning of facility) . . . . . . . . . . . . . . . . . . . 22
20 Amendment of s 72 (Meaning of service). . . . . . . . . . . . . . . . . . . 22
21 Replacement of pt 5, div 2 hdg (Ministerial declarations). . . . . . . 23
22 Amendment of pt 5, div 2, sdiv 1 hdg (Criteria for declaration
recommendations and Ministerial declarations) . . . . . . . . . . . . . . 23
23 Amendment of s 76 (Access criteria) . . . . . . . . . . . . . . . . . . . . . . 23
24 Amendment of s 77 (Requests about declarations) . . . . . . . . . . . 24
25 Amendment of s 79 (Making recommendation) . . . . . . . . . . . . . . 24
26 Insertion of new s 79A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
79A Period for making recommendation . . . . . . . . . . . . . . 24
27 Amendment of s 80 (Factors affecting making of
recommendation) ............................... 26
28 Amendment of pt 5, div 2, sdiv 3 hdg (Investigations about
candidate services) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
29 Amendment of s 81 (Power of authority to conduct investigation) 26
30 Amendment of s 84 (Making declaration). . . . . . . . . . . . . . . . . . . 26
31 Amendment of s 85 (Notice of decision) . . . . . . . . . . . . . . . . . . . 27
32 Amendment of s 86 (Factors affecting making of declaration) . . . 27
33 Amendment of s 87 (Duration of declaration). . . . . . . . . . . . . . . . 28
34 Insertion of new pt 5, div 2, sdiv 4A . . . . . . . . . . . . . . . . . . . . . . . 28
Subdivision 4A Review of declaration
87A Declaration recommendation to be made before
expiry of declaration . . . . . . . . . . . . . . . . . . . . . . . . . . 28
87B Notice of review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
87C Factors affecting making of recommendation. . . . . . . 29
87D Power of authority to conduct investigation . . . . . . . . 29
87E Notice of investigation . . . . . . . . . . . . . . . . . . . . . . . . 29
87F Procedures for investigation . . . . . . . . . . . . . . . . . . . . 30
35 Amendment of s 88 (Recommendation to revoke) . . . . . . . . . . . . 30
36 Amendment of s 92 (Revocation) . . . . . . . . . . . . . . . . . . . . . . . . . 30
37 Amendment of s 93 (Notice of decision) . . . . . . . . . . . . . . . . . . . 31
38 Amendment of s 94 (When revocation takes effect). . . . . . . . . . . 31
39 Amendment of s 95 (Effect of expiry or revocation of declaration) 31
40 Amendment of s 96 (Register of declarations) . . . . . . . . . . . . . . . 31
Page 2
Motor Accident Insurance and Other Legislation Amendment Bill 2010
Contents
41 Omission of pt 5, div 3 (Regulation based declarations) . . . . . . . 32
42 Amendment of s 100 (Obligations of parties to negotiations). . . . 32
43 Amendment of s 118 (Examples of access determinations) . . . . 33
44 Amendment of s 119 (Restrictions affecting making of access
determination) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
45 Amendment of s 127 (Register of access determinations). . . . . . 34
46 Insertion of new pt 5, div 5, sdiv 4 . . . . . . . . . . . . . . . . . . . . . . . . 35
Subdivision 4 Amendment and revocation of access
determinations
127A Application for amendment or revocation of access
determination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
127B Notice by authority of application for amendment or
revocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
127C Amendment or revocation with agreement of parties . 36
127D Arbitration of dispute about amendment or
revocation of access determination . . . . . . . . . . . . . . 37
47 Amendment of s 128 (Making codes). . . . . . . . . . . . . . . . . . . . . . 38
48 Amendment of s 134 (Consideration and approval of draft
access undertaking by authority) . . . . . . . . . . . . . . . . . . . . . . . . . 38
49 Insertion of new s 136A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
136A Compulsory amendment of draft access undertaking
for declared service given voluntarily . . . . . . . . . . . . . 39
50 Amendment of s 137 (Contents of access undertakings). . . . . . . 40
51 Amendment of s 138 (Factors affecting approval of draft access
undertaking) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
52 Insertion of new s 138A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
138A Terms of particular approved access undertakings . . 41
53 Amendment of s 140 (Consideration and approval of draft
amending access undertaking by authority). . . . . . . . . . . . . . . . . 42
54 Replacement of s 144 (Application of subdivision). . . . . . . . . . . . 43
144 Application of sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . 43
55 Insertion of new s 150AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
150AA Requirement to give information about compliance
with approved access undertaking . . . . . . . . . . . . . . . 43
56 Amendment of s 153 (Orders to enforce prohibition on
hindering access) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
57 Amendment of s 168A (Pricing principles) . . . . . . . . . . . . . . . . . . 44
58 Insertion of new ss 168B and 168C . . . . . . . . . . . . . . . . . . . . . . . 44
168B Information to be considered by authority in making
decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
Page 3
Motor Accident Insurance and Other Legislation Amendment Bill 2010
Contents
168C Prohibition on particular treatment of users by
access providers . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
59 Amendment of s 171 (Application of part) . . . . . . . . . . . . . . . . . . 46
60 Amendment of s 181 (Notice to witness) . . . . . . . . . . . . . . . . . . . 47
61 Amendment of s 185 (Giving information and documents to
authority) ..................................... 47
62 Insertion of new pt 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
Part 12 Transitional and savings provisions for Motor
Accident Insurance and Other Legislation
Amendment Act 2010
248 Definition for pt 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
249 Exclusion of service from pt 5 . . . . . . . . . . . . . . . . . . 47
250 Saving of declarations of particular services . . . . . . . 48
63 Insertion of new sch 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
Schedule 1 Central Queensland coal network rail
infrastructure
64 Amendment and renumbering of schedule (Dictionary) . . . . . . . . 53
Part 4 Amendment of Queensland Competition Authority
Regulation 2007
65 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
66 Amendment of s 2 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 54
67 Omission of ss 2B and 2C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
68 Amendment of pt 2 hdg (Repeal, savings and transitional
provisions) .................................... 54
69 Replacement of pt 2, div 2 (Savings and transitional provisions) . 55
Division 2 Transitional provisions
5 Transitional provision for Motor Accident Insurance
and Other Legislation Amendment Act 2010 . . . . . . . 55
Part 5 Amendment of Transport Infrastructure Act 1994
70 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
71 Insertion of new s 93AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
93AA Application of s 93 to QML network . . . . . . . . . . . . . . 55
72 Amendment of s 139 (Chief executive may decide matters on
request) ...................................... 57
73 Amendment of s 140 (Notice of dispute under agreement for
access) ....................................... 57
74 Amendment of s 266 (Priority for regularly scheduled
passenger services in allocating train paths) . . . . . . . . . . . . . . . . 57
75 Insertion of new ss 266A-266H . . . . . . . . . . . . . . . . . . . . . . . . . . 59
Page 4
Motor Accident Insurance and Other Legislation Amendment Bill 2010
Contents
266A Allocation of preserved train paths . . . . . . . . . . . . . . . 59
266B Civil penalty for breach of train path obligation. . . . . . 60
266C Giving of notice proposing imposition of penalty . . . . 61
266D Submission against proposed imposition of penalty . 62
266E Giving of penalty notice . . . . . . . . . . . . . . . . . . . . . . . 62
266F Appeal against imposition of penalty by penalty
notice .............................. 63
266G Proceeding for civil penalty order . . . . . . . . . . . . . . . . 63
266H Conduct by directors, servants or agents of railway
manager for provisions about civil penalty . . . . . . . . . 65
76 Amendment of s 438 (Definitions for ch 13) . . . . . . . . . . . . . . . . . 66
77 Insertion of new ch 13, pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
Part 5 Governance
438G Requirements about appointment of directors . . . . . . 66
438H Related party access agreements . . . . . . . . . . . . . . . 68
78 Insertion of new ch 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
Chapter 21 Further transitional provisions
Part 1 Transitional provision for Motor Accident
Insurance and Other Legislation Amendment
Act 2010
576 Information to be provided about preserved train
paths ................................ 69
79 Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 69
Page 5
2010
A Bill
for
An Act to amend the Motor Accident Insurance Act 1994, the
Queensland Competition Authority Act 1997, the Queensland
Competition Authority Regulation 2007 and the Transport
Infrastructure Act 1994 for particular purposes
Motor Accident Insurance and Other Legislation Amendment Bill 2010
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Motor Accident Insurance and 4
Other Legislation Amendment Act 2010. 5
Clause 2 Commencement 6
(1) Part 2, other than sections 5 to 7, commences on 1 October 7
2010. 8
(2) Sections 76, 77 and 79(1) commence on the later of the 9
following days-- 10
(a) the day a gazette notice is made under the Transport 11
Infrastructure Act 1994, section 438A as inserted by the 12
Transport and Other Legislation Amendment Act (No. 2) 13
2010, section 74; 14
(b) the day this Act receives the royal assent. 15
Part 2 Amendment of Motor Accident 16
Insurance Act 1994 17
Clause 3 Act amended 18
This part amends the Motor Accident Insurance Act 1994. 19
Clause 4 Amendment of s 3 (Objects) 20
(1) Section 3(a), after `motor vehicle insurance'-- 21
Page 8
Motor Accident Insurance and Other Legislation Amendment Bill 2010
Part 2 Amendment of Motor Accident Insurance Act 1994
[s 5]
insert-- 1
`(CTP insurance)'. 2
(2) Section 3(aa), `insurance under the statutory insurance 3
scheme'-- 4
omit, insert-- 5
`CTP insurance' 6
(3) Section 3(aa), `insurance'-- 7
omit, insert-- 8
`CTP insurance'. 9
(4) Section 3-- 10
insert-- 11
`(ab) to promote competition in the setting of premiums for 12
CTP insurance; and'. 13
(5) Section 3(b), from `providing'-- 14
omit, insert-- 15
`providing CTP insurance under CTP insurance policies; and'. 16
(6) Section 3(aa) to (f)-- 17
renumber as section 3(b) to (h). 18
Clause 5 Amendment of s 4 (Definitions) 19
(1) Section 4-- 20
insert-- 21
`CTP insurance see section 3(a)'. 22
(2) Section 4, definitions mobile machinery, motor vehicle and 23
registration-- 24
`1999'-- 25
omit, insert-- 26
`2010'. 27
Page 9
Motor Accident Insurance and Other Legislation Amendment Bill 2010
Part 2 Amendment of Motor Accident Insurance Act 1994
[s 6]
(3) Section 4, definition registration, `62'-- 1
omit, insert-- 2
`107'. 3
Clause 6 Amendment of s 20A (Temporary gratuitous insurance) 4
Section 20A(1), `1999, section 63'-- 5
omit, insert-- 6
`2010, section 108'. 7
Clause 7 Amendment of s 23 (Statutory policy of insurance) 8
(1) Section 23(8)(a), `a certificate of roadworthiness'-- 9
omit, insert-- 10
`an inspection certificate'. 11
(2) Section 23-- 12
insert-- 13
`(10) In this section-- 14
inspection certificate means an inspection certificate under 15
the Transport Operations (Road Use Management--Vehicle 16
Standards and Safety) Regulation 2010.'. 17
Clause 8 Amendment of s 66 (Withdrawal or suspension of 18
licence) 19
Section 66-- 20
insert-- 21
`(1A) A request by an insurer under subsection (1)(a) must be given 22
in writing to the commission at least 3 months before the day 23
the licence is to be withdrawn or suspended.'. 24
Page 10
Motor Accident Insurance and Other Legislation Amendment Bill 2010
Part 2 Amendment of Motor Accident Insurance Act 1994
[s 9]
Clause 9 Amendment of s 67 (Effect of withdrawal or suspension 1
on existing liabilities etc.) 2
(1) Section 67(5)-- 3
renumber as section 67(8). 4
(2) Section 67(3), `by transport administration'-- 5
omit, insert-- 6
`under subsection (5) or (6)'. 7
(3) Section 67(4)-- 8
omit, insert-- 9
`(4) The commission-- 10
(a) must consult with the remaining licensed insurers about 11
their capacity to underwrite the CTP insurance policies; 12
and 13
(b) may consult with any insurer the commission considers 14
appropriate for the purpose of the insurer becoming a 15
licensed insurer; and 16
(c) must have regard to the results of any consultation with 17
APRA relevant to the matter. 18
`(5) Subject to subsection (6), transport administration must 19
randomly allocate the CTP insurance policies to the remaining 20
licensed insurers in proportion to their shares of the market for 21
CTP insurance. 22
`(6) Subsection (5) does not apply, and transport administration 23
must allocate the CTP insurance policies as decided by the 24
commission, if-- 25
(a) the commission decides that the remaining licensed 26
insurers do not have the capacity the commission 27
considers appropriate to underwrite the CTP insurance 28
policies that would be randomly allocated to them under 29
subsection (5); or 30
(b) an insurer mentioned in subsection (4)(b) becomes a 31
licensed insurer. 32
`(7) Subsections (3), (5) and (6) are subject to section 67A.'. 33
Page 11
Motor Accident Insurance and Other Legislation Amendment Bill 2010
Part 2 Amendment of Motor Accident Insurance Act 1994
[s 10]
(4) Section 67-- 1
insert-- 2
`(9) In this section-- 3
APRA means the Australian Prudential Regulation Authority 4
established under the Australian Prudential Regulation 5
Authority Act 1998 (Cwlth).'. 6
Clause 10 Insertion of new s 67A 7
After section 67-- 8
insert-- 9
`67A When State may underwrite CTP insurance policies 10
`(1) This section applies if-- 11
(a) an insurer's licence is withdrawn or suspended; and 12
(b) the commission considers CTP insurance policies of the 13
insurer can not be appropriately allocated to another 14
insurer under section 67(5) or (6), including for 15
example, if the commission considers-- 16
(i) there is no insurer with appropriate capacity to 17
underwrite the policies; or 18
(ii) the circumstances are urgent. 19
`(2) The commission may request the Minister to authorise the 20
State to underwrite the CTP insurance policies 21
`(3) The commission must provide the Minister with the 22
information and the recommendations on matters decided by 23
the Minister. 24
`(4) The Minister may authorise the State to underwrite the 25
policies starting from a day stated by the Minister, including 26
from a day before the Minister authorises the underwriting. 27
`(5) The State becomes the insurer underwriting the policies from 28
the day stated by the Minister. 29
Page 12
Motor Accident Insurance and Other Legislation Amendment Bill 2010
Part 2 Amendment of Motor Accident Insurance Act 1994
[s 10]
`(6) If the State becomes an insurer under subsection (5), a 1
regulation may make provision for the State to, under section 2
21-- 3
(a) become an insurer of a motor vehicle, even if, in a 4
particular case, the State is not the insurer of the motor 5
vehicle under subsection (4); or 6
(b) stop being the insurer of a motor vehicle. 7
`(7) For subsections (5) and (6), this Act, other than the following 8
provisions, applies to the State-- 9
(a) sections 62 to 64; 10
(b) section 66; 11
(c) section 67(1) and (2); 12
(d) sections 68 and 69; 13
(e) sections 71 to 87. 14
`(8) For subsection (7), a reference, in an applied provision, to an 15
insurer, licensed insurer or CTP insurer includes a reference to 16
the State. 17
`(9) A regulation may modify an applied provision for the purpose 18
of its application to the State, including, for example-- 19
(a) to modify the way an insurer's premiums are fixed under 20
sections 13 and 13A if the State is the insurer; or 21
(b) to exempt the State from compliance with section 22. 22
`(10) A regulation may provide for anything necessary or 23
convenient relating to the transfer to the State of CTP 24
insurance business from the old insurer, including for example 25
the following-- 26
(a) the transfer of some or all of the rights and liabilities of 27
the old insurer relating to CTP insurance policies 28
transferred to the State; 29
(b) continuing or further obligations of the old insurer 30
relating to the transferred CTP insurance policies; 31
Page 13
Motor Accident Insurance and Other Legislation Amendment Bill 2010
Part 2 Amendment of Motor Accident Insurance Act 1994
[s 11]
(c) the payment of amounts into or out of any fund 1
controlled by the State that relates to insurance provided 2
for or by the State. 3
`(11) In this section-- 4
applied provision means a provision of this Act applied to the 5
State under subsection (7). 6
old insurer means the insurer whose licence is withdrawn or 7
under suspension.'. 8
Clause 11 Insertion of new s 72A 9
After section 72-- 10
insert-- 11
`72A Declarations from licensed insurer 12
`(1) The commission may by notice in writing require the chief 13
executive officer or another appropriate officer of a licensed 14
insurer, or both, to give the commission within a reasonable 15
period a declaration for the period to which the notice 16
relates-- 17
(a) that the licensed insurer has complied with section 18
96(1); and 19
(b) that the licensed insurer has not established or treated 20
the cost of any inducement to which section 96(2)(c) or 21
(3)(b) applies as a cost, expense or charge under or 22
against the insurer's CTP insurance policies or CTP 23
business generally; and 24
(c) that the licensed insurer has complied with section 25
97(5). 26
`(2) The commission may require the declaration to be given on an 27
annual basis or in relation to a particular period, as stated by 28
the commission in the notice. 29
`(3) A person of whom the declaration is required must be a 30
resident of Australia. 31
`(4) A person of whom the declaration is required-- 32
Page 14
Motor Accident Insurance and Other Legislation Amendment Bill 2010
Part 2 Amendment of Motor Accident Insurance Act 1994
[s 12]
(a) must give the declaration as required, unless the person 1
has a reasonable excuse; and 2
(b) must not make a false declaration. 3
Maximum penalty--300 penalty units. 4
`(5) In this section-- 5
appropriate officer of the licensed insurer means an officer 6
of the licensed insurer who the commission considers is 7
appropriate to provide the declaration.'. 8
Clause 12 Insertion of new s 96 9
After section 95-- 10
insert-- 11
`96 Inducement for CTP insurance business prohibited 12
`(1) A licensed insurer or other person acting for a licensed insurer 13
must not give, or offer to give, to an entity, including an entity 14
acting for the insurer, an inducement for directing CTP 15
insurance business to the licensed insurer. 16
Maximum penalty--300 penalty units 17
`(2) A licensed insurer or other person does not contravene 18
subsection (1) if-- 19
(a) the inducement is given or offered to be given to an 20
entity only on the basis that the entity will direct an 21
associate of the entity-- 22
(i) to enter into or renew a CTP insurance policy with 23
the licensed insurer; and 24
(ii) to ask the licensed insurer, on each occasion the 25
associate pays a premium to the licensed insurer, to 26
make a particular donation to-- 27
(A) a particular registered charity; or 28
(B) a particular road safety research entity; or 29
(C) an entity prescribed under a regulation; and 30
Page 15
Motor Accident Insurance and Other Legislation Amendment Bill 2010
Part 2 Amendment of Motor Accident Insurance Act 1994
[s 12]
Note-- 1
`direct' has a meaning that corresponds to the defined term 2
directing CTP insurance business. 3
(b) the inducement is the donations made by the licensed 4
insurer on every occasion the associate makes the 5
request mentioned in paragraph (a)(ii); and 6
(c) the licensed insurer does not intend to, and does not, 7
establish or treat the cost of the inducement as a cost, 8
expense or charge under or against the insurer's CTP 9
insurance policies or CTP business generally. 10
`(3) Also, a licensed insurer or other person does not contravene 11
subsection (1) in relation to a CTP insurance policy if-- 12
(a) the entity to whom the inducement is given, or offered to 13
be given, is the person who is to enter or renew the CTP 14
insurance policy (the policy holder or proposed policy 15
holder); and 16
(b) the licensed insurer does not intend to, and does not, 17
establish or treat the cost of the inducement as a cost, 18
expense or charge under or against the insurer's CTP 19
insurance policies or CTP business generally. 20
`(4) However, subsection (3) does not apply if-- 21
(a) the policy holder or proposed policy holder conducts the 22
business of selling motor vehicles; and 23
(b) the CTP insurance policy is for a motor vehicle that will 24
be sold in the ordinary course of the business, even if the 25
vehicle is not for sale when the inducement is given or 26
offered; and 27
(c) the entering or renewal of the CTP insurance policy by 28
the policy holder or proposed policy holder would 29
effectively direct CTP insurance business to the licensed 30
insurer when the vehicle is sold. 31
`(5) Subsections (2), (3) and (4) provide for exemptions under the 32
Justices Act 1886, section 76. 33
`(6) A court that convicts a licensed insurer of an offence against 34
subsection (1) may, by order, withdraw the licence. 35
Page 16
Motor Accident Insurance and Other Legislation Amendment Bill 2010
Part 2 Amendment of Motor Accident Insurance Act 1994
[s 12]
`(7) In this section-- 1
associate includes member, employee or supporter. 2
directed CTP insurance business means the CTP insurance 3
business directed to, or obtained for, a licensed insurer 4
because of an inducement. 5
directing CTP insurance business, to a licensed insurer, 6
includes-- 7
(a) obtaining CTP business for a licensed insurer; and 8
(b) giving any form of advice, encouragement or suggestion 9
intended to direct CTP business to a licensed insurer. 10
inducement means any reward, consideration or benefit, 11
including, for example, the following-- 12
(a) a commission; 13
Examples-- 14
· commissions based on any premium for CTP insurance 15
policies resulting from directed CTP insurance business 16
· commissions paid on insurance products not involving CTP 17
insurance business but based on directed CTP insurance 18
business 19
(b) an administration payment; 20
Example-- 21
· a fee payable to a motor dealer based on the cost to the 22
motor dealer for work done in directing the directed CTP 23
insurance business to the licensed CTP insurer 24
(c) general financial support. 25
Examples (where the directed CTP insurance business is being 26
directed to a CTP insurer by a motor dealer)-- 27
· discounts or subsidies applying to premiums for insurance 28
relating to the motor dealer's business or business 29
connected to the motor dealer's business 30
· contributions made to the motor dealer's general operating 31
expenses, including floor plan charges, entertainment, 32
sponsorship, memberships, sales incentive awards and 33
associated functions 34
registered charity means-- 35
(a) a charity registered under the Collections Act 1966; or 36
Page 17
Motor Accident Insurance and Other Legislation Amendment Bill 2010
Part 2 Amendment of Motor Accident Insurance Act 1994
[s 13]
(b) a charity registered under a law of another State-- 1
(i) that is prescribed under a regulation for this 2
section; or 3
(ii) if a law is not prescribed under subparagraph 4
(i)--with objects similar to the Collections Act 5
1966 and that provides for the registration of 6
charities. 7
road safety research entity means an entity that is, or is 8
conducting, a research program, affiliated with a university, 9
relating to-- 10
(a) the causes of motor vehicle accidents and their 11
prevention; or 12
(b) rehabilitation of persons injured in motor vehicle 13
accidents.'. 14
Clause 13 Amendment of s 97 (CTP premiums not to be discounted 15
etc.) 16
(1) Section 97(5)-- 17
renumber as section 97(6). 18
(2) Section 97-- 19
insert-- 20
`(5) A licensed insurer or other person acting for a licensed insurer 21
must not give, or offer to give, to a person an inducement to 22
enter into or renew an insurance policy, including a CTP 23
insurance policy, with the insurer if the insurer intends to 24
establish or treat the cost of the inducement as a cost, expense 25
or charge under or against the insurer's CTP insurance 26
policies or the insurer's CTP business generally. 27
Examples of an inducement-- 28
1 A licensed insurer offers a discount to policy holders who hold 29
several policies of insurance with the insurer. The offer is available if 30
one of the policies is a CTP insurance policy. The discount is applied 31
to a policy that is not a CTP insurance policy, but the cost of the 32
discount is held partly against the account for the CTP insurance 33
policy. 34
Page 18
Motor Accident Insurance and Other Legislation Amendment Bill 2010
Part 2 Amendment of Motor Accident Insurance Act 1994
[s 14]
2 A licensed insurer offers to give a person a gift if the person selects 1
the licensed insurer as the insurer under a CTP insurance policy for 2
the person's motor vehicle. The insurer intends to treat the cost of 3
the gift as a cost of the insurer's CTP business. 4
Maximum penalty--300 penalty units.'. 5
Clause 14 Insertion of new pt 7, div 6 6
Part 7-- 7
insert-- 8
`Division 6 Transitional provisions for the 9
Motor Accident Insurance and 10
Other Legislation Amendment Act 11
2010 12
`113 Termination of s 96 inducement 13
`(1) This section applies to an arrangement entered into before 1 14
October 2010 between a licensed insurer, or a person acting 15
for a licensed insurer, and another entity (the entity) if under 16
the arrangement-- 17
(a) a prohibited inducement is to be given to the entity on or 18
after 1 October 2010 for directing CTP insurance 19
business to the licensed insurer before, on or after 1 20
October 2010; or 21
(b) a prohibited inducement has been given to the entity 22
before 1 October 2010 for directing CTP insurance 23
business to the licensed insurer on or after 1 October 24
2010. 25
`(2) The arrangement is terminated, and is void and unenforceable, 26
to the extent it makes provision for-- 27
(a) the prohibited inducement; and 28
(b) directing CTP insurance business to the licensed insurer 29
in return for the prohibited inducement. 30
`(3) No compensation is payable to any person for the termination 31
of the arrangement. 32
Page 19
Motor Accident Insurance and Other Legislation Amendment Bill 2010
Part 2 Amendment of Motor Accident Insurance Act 1994
[s 14]
`(4) The following are taken not to be in breach of the terminated 1
arrangement-- 2
(a) the licensed insurer, or person acting for the licensed 3
insurer, for failing to give the prohibited inducement 4
mentioned in subsection (2)(a) to the entity in 5
accordance with the provisions of the terminated 6
arrangement; 7
(b) the entity, for failing to direct the CTP insurance 8
business to the licensed insurer in return for the 9
prohibited inducement mentioned in subsection (1)(a) or 10
(b) in accordance with the provisions of the terminated 11
arrangement. 12
`(5) If, before 1 October 2010, the entity has received an amount 13
that on the commencement of this section becomes a 14
prohibited inducement under a terminated arrangement, the 15
entity within a reasonable period must repay the amount to the 16
licensed insurer, or the person acting for a licensed insurer, 17
who gave the amount to the entity. 18
`(6) If the entity fails to repay an amount under subsection (5), the 19
licensed insurer, or other person entitled to be repaid the 20
amount, may recover it as a debt. 21
`(7) In this section-- 22
arrangement includes contract and agreement. 23
prohibited inducement means an inducement of a type 24
mentioned in section 96(1) the giving or offering of which 25
would be prohibited under section 96(1) if the arrangement 26
were entered into on or after 1 October 2010. 27
terminated arrangement means the arrangement to which 28
subsection (2) applies to the extent it is terminated by the 29
subsection. 30
`114 Termination of s 97(5) inducement 31
`(1) This section applies if-- 32
Page 20
Motor Accident Insurance and Other Legislation Amendment Bill 2010
Part 3 Amendment of Queensland Competition Authority Act 1997
[s 15]
(a) before 1 October 2010, a licensed insurer, or other 1
person acting for a licensed insurer, offered to give to a 2
person an inducement to enter into or renew an 3
insurance policy; and 4
(b) the offer would be prohibited under section 97(5) if 5
made on or after 1 October 2010; and 6
(c) the inducement would, apart from this section, under the 7
provisions of the arrangement relating to the offer, be 8
given on or after 1 October 2010 to the person to whom 9
the offer was made. 10
`(2) The arrangement relating to the offer, to the extent it provides 11
for the inducement, is terminated and is void and 12
unenforceable. 13
`(3) The licensed insurer, or other person acting for the licensed 14
insurer, is taken not to be in breach of the arrangement for 15
failing to give the inducement to the person to whom the offer 16
was made. 17
`(4) In this section-- 18
arrangement includes contract and agreement.'. 19
Part 3 Amendment of Queensland 20
Competition Authority Act 1997 21
Clause 15 Act amended 22
This part amends the Queensland Competition Authority Act 23
1997. 24
Clause 16 Amendment of s 5 (Definitions--the dictionary) 25
(1) Section 5, heading-- 26
omit, insert-- 27
Page 21
Motor Accident Insurance and Other Legislation Amendment Bill 2010
Part 3 Amendment of Queensland Competition Authority Act 1997
[s 17]
`5 Dictionary'. 1
(2) Section 5, `the schedule'-- 2
omit, insert-- 3
`schedule 2'. 4
Clause 17 Amendment of s 10 (Authority's functions) 5
(1) Section 10(f), `Ministerial declarations'-- 6
omit, insert-- 7
`declarations of services under part 5'. 8
(2) Section 10-- 9
insert-- 10
`(ha) to monitor compliance with approved access 11
undertakings; and'. 12
Clause 18 Amendment of s 69E (Object of pt 5) 13
Section 69E, after `investment in,'-- 14
insert-- 15
`significant'. 16
Clause 19 Amendment of s 70 (Meaning of facility) 17
(1) Section 70(2)-- 18
omit. 19
(2) Section 70(3)-- 20
renumber as section 70(2). 21
Clause 20 Amendment of s 72 (Meaning of service) 22
Section 72(2)(d)-- 23
omit. 24
Page 22
Motor Accident Insurance and Other Legislation Amendment Bill 2010
Part 3 Amendment of Queensland Competition Authority Act 1997
[s 21]
Clause 21 Replacement of pt 5, div 2 hdg (Ministerial declarations) 1
Part 5, division 2, heading-- 2
omit, insert-- 3
`Division 2 Declarations of services'. 4
Clause 22 Amendment of pt 5, div 2, sdiv 1 hdg (Criteria for 5
declaration recommendations and Ministerial 6
declarations) 7
Part 5, division 2, subdivision 1, heading, `Ministerial'-- 8
omit, insert-- 9
`making of'. 10
Clause 23 Amendment of s 76 (Access criteria) 11
(1) Section 76(1)(a) and (b), `candidate'-- 12
omit. 13
(2) Section 76(2)(a), after `promote'-- 14
insert-- 15
`a material increase in'. 16
(3) Section 76(2)-- 17
insert-- 18
`(ba) that the facility for the service is significant, having 19
regard to its size or its importance to the Queensland 20
economy;'. 21
(4) Section 76(2)(ba) to (d)-- 22
renumber as section 76(2)(c) to (e). 23
(5) Section 76(3), `(2)(d)'-- 24
omit, insert-- 25
`(2)(e)'. 26
(6) Section 76(3)-- 27
Page 23
Motor Accident Insurance and Other Legislation Amendment Bill 2010
Part 3 Amendment of Queensland Competition Authority Act 1997
[s 24]
insert-- 1
`(i) if the facility for the service extends outside 2
Queensland--whether access to the service provided 3
outside Queensland by means of the facility is regulated 4
by another jurisdiction and the desirability of 5
consistency in regulating access to the service.'. 6
Clause 24 Amendment of s 77 (Requests about declarations) 7
Section 77(1) and (2), `candidate'-- 8
omit. 9
Clause 25 Amendment of s 79 (Making recommendation) 10
(1) Section 79(3)-- 11
omit, insert-- 12
`(3) The authority must publish the recommendation and the 13
reasons for the recommendation in the way the authority 14
considers appropriate.'. 15
(2) Section 79(4), `candidate'-- 16
omit. 17
Clause 26 Insertion of new s 79A 18
After section 79-- 19
insert-- 20
`79A Period for making recommendation 21
`(1) The authority must use its best endeavours to make a 22
recommendation under section 79 within 6 months from the 23
day the authority receives the request. 24
`(2) However, the 6 month period mentioned in subsection (1) 25
does not include any of the following-- 26
(a) if the authority conducts an investigation for making the 27
recommendation and gives a notice under section 185 to 28
Page 24
Motor Accident Insurance and Other Legislation Amendment Bill 2010
Part 3 Amendment of Queensland Competition Authority Act 1997
[s 26]
a person requiring the person to give information or 1
produce a document for the investigation, a day in the 2
period-- 3
(i) starting on the day the notice is given to the person; 4
and 5
(ii) ending on the day the person complies with the 6
notice; 7
(b) if the authority publishes a document about the 8
recommendation and invites persons to make 9
submissions on the document to the authority within a 10
stated period--a day in the period for making 11
submissions stated by the authority. 12
`(3) The authority must publish a notice on its website, while the 13
authority is considering the making of the recommendation, 14
stating-- 15
(a) the day the 6 month period mentioned in subsection (1) 16
started or will start; and 17
(b) the day the period will end; and 18
(c) for a day not included in the period under subsection 19
(2)--the reason the day is not included in the period. 20
Editor's note-- 21
The authority's website can be found at . 22
`(4) If the authority fails to make the recommendation within the 6 23
month period mentioned in subsection (1), it must, as soon as 24
practicable after the period ends, give written notice of the 25
reasons for the authority's failure to-- 26
(a) the applicant for the request about the declaration of the 27
service; and 28
(b) if the request was not made by the Ministers--the 29
Ministers.'. 30
Page 25
Motor Accident Insurance and Other Legislation Amendment Bill 2010
Part 3 Amendment of Queensland Competition Authority Act 1997
[s 27]
Clause 27 Amendment of s 80 (Factors affecting making of 1
recommendation) 2
(1) Section 80, `candidate'-- 3
omit. 4
(2) Section 80(3)-- 5
omit, insert-- 6
`(3) Despite subsection (1), the authority may recommend that a 7
service not be declared by the Ministers if the authority 8
considers the request was not made in good faith or is 9
frivolous.'. 10
(3) Section 80(4), `(3)(b)'-- 11
omit, insert-- 12
`(3)'. 13
Clause 28 Amendment of pt 5, div 2, sdiv 3 hdg (Investigations 14
about candidate services) 15
Part 5, division 2, subdivision 3, heading, `candidate'-- 16
omit. 17
Clause 29 Amendment of s 81 (Power of authority to conduct 18
investigation) 19
Section 81, `candidate'-- 20
omit. 21
Clause 30 Amendment of s 84 (Making declaration) 22
Section 84-- 23
insert-- 24
`(5) If the Ministers decide not to declare the service and the 25
declaration recommendation was made under subdivision 4A, 26
the decision does not affect the existing declaration for the 27
service.'. 28
Page 26
Motor Accident Insurance and Other Legislation Amendment Bill 2010
Part 3 Amendment of Queensland Competition Authority Act 1997
[s 31]
Clause 31 Amendment of s 85 (Notice of decision) 1
(1) Section 85(1), after `must'-- 2
insert-- 3
`, within 90 days after the relevant day,'. 4
(2) Section 85(2) and (3)-- 5
omit, insert-- 6
`(2) Also, as soon as practicable after making the decision, the 7
Ministers must-- 8
(a) give the designated material for the decision to the 9
following-- 10
(i) if a request about the declaration of the service was 11
made by someone other than the Ministers--the 12
applicant; 13
(ii) the owner of the service, unless the owner made a 14
request about the declaration of the service; 15
(iii) if the owner and operator of the service are 16
different entities--the operator, unless the operator 17
made a request about the declaration of the service; 18
and 19
(b) give to the authority a written notice stating the decision 20
and the reasons for the decision.'. 21
Clause 32 Amendment of s 86 (Factors affecting making of 22
declaration) 23
(1) Section 86, `candidate'-- 24
omit. 25
(2) Section 86(3)-- 26
omit. 27
(3) Section 86(4)-- 28
renumber as section 86(3). 29
Page 27
Motor Accident Insurance and Other Legislation Amendment Bill 2010
Part 3 Amendment of Queensland Competition Authority Act 1997
[s 33]
Clause 33 Amendment of s 87 (Duration of declaration) 1
Section 87, `Ministerial'-- 2
omit. 3
Clause 34 Insertion of new pt 5, div 2, sdiv 4A 4
Part 5, division 2-- 5
insert-- 6
`Subdivision 4A Review of declaration 7
`87A Declaration recommendation to be made before 8
expiry of declaration 9
`(1) At least 6 months, but not more than 12 months, before the 10
expiry date of a declaration of a service, the authority must 11
recommend to the Ministers that, with effect from the expiry 12
date-- 13
(a) the service be declared; or 14
(b) part of the service, that is itself a service, be declared; or 15
(c) the service not be declared. 16
`(2) Before making the recommendation, the authority may 17
consult with any person it considers appropriate. 18
`(3) The authority must publish the recommendation and the 19
reasons for the recommendation in the way the authority 20
considers appropriate. 21
`(4) If the authority recommends that the service, or part of the 22
service, be declared with effect from the expiry date, the 23
authority must also recommend the period for which that 24
declaration should operate. 25
Note-- 26
On receiving the recommendation the Ministers must, under subdivision 27
4, either declare all or part of the service, or decide not to declare the 28
service. 29
Page 28
Motor Accident Insurance and Other Legislation Amendment Bill 2010
Part 3 Amendment of Queensland Competition Authority Act 1997
[s 34]
`87B Notice of review 1
`The authority must, when it starts considering the making of 2
a recommendation under section 87A, tell the owner of the 3
service that the authority is considering the matter. 4
`87C Factors affecting making of recommendation 5
`(1) The authority must make a recommendation under section 6
87A(1)(a) if the authority is satisfied about all of the access 7
criteria for the service. 8
`(2) The authority must make a recommendation under section 9
87A(1)(c) if the authority is not satisfied about all of the 10
access criteria for the service. 11
`(3) Despite subsections (1) and (2), the authority may make a 12
recommendation under section 87A(1)(b) if the authority is 13
satisfied about all of the access criteria for the part of the 14
service. 15
`87D Power of authority to conduct investigation 16
`For making a recommendation under section 87A, the 17
authority may conduct an investigation about the service. 18
`87E Notice of investigation 19
`(1) Before starting an investigation under this subdivision, the 20
authority must give reasonable notice of the investigation to-- 21
(a) the owner of the service; and 22
(b) any other person the authority considers appropriate. 23
`(2) The notice must-- 24
(a) state the authority's intention to conduct the 25
investigation; and 26
(b) state the name of the owner of the service; and 27
(c) state the subject matter of the investigation; and 28
Page 29
Motor Accident Insurance and Other Legislation Amendment Bill 2010
Part 3 Amendment of Queensland Competition Authority Act 1997
[s 35]
(d) invite the person to whom the notice is given to make 1
written submissions to the authority on the subject 2
matter within a reasonable time stated in the notice; and 3
(e) state the authority's address. 4
`87F Procedures for investigation 5
`Part 6 applies to an investigation under this subdivision.'. 6
Clause 35 Amendment of s 88 (Recommendation to revoke) 7
(1) Section 88(1) and (3), `Ministerial declaration'-- 8
omit, insert-- 9
`declaration of a service or part of a service'. 10
(2) Section 88(2), `Ministerial declaration'-- 11
omit, insert-- 12
`declaration of the service or part of the service'. 13
(3) Section 88(3), after `relevant service'-- 14
insert-- 15
`or the part of the relevant service'. 16
Clause 36 Amendment of s 92 (Revocation) 17
(1) Section 92(1), from `must'-- 18
omit, insert-- 19
`must-- 20
(a) revoke the declaration of the service or the part of the 21
service; or 22
(b) decide not to revoke the declaration of any part of the 23
service.'. 24
(2) Section 92(2), `Ministerial declaration'-- 25
omit, insert-- 26
Page 30
Motor Accident Insurance and Other Legislation Amendment Bill 2010
Part 3 Amendment of Queensland Competition Authority Act 1997
[s 37]
`declaration of a service or part of a service'. 1
(3) Section 92(2)(b), after `relevant service'-- 2
insert-- 3
`or the part of the relevant service'. 4
Clause 37 Amendment of s 93 (Notice of decision) 5
Section 93(1)(a)-- 6
omit, insert-- 7
`(a) notice of a decision-- 8
(i) to revoke the declaration of a service or part of a 9
service; or 10
(ii) not to revoke the declaration of any part of a 11
service; and'. 12
Clause 38 Amendment of s 94 (When revocation takes effect) 13
Section 94, `Ministerial declaration'-- 14
omit, insert-- 15
`declaration of a service or part of a service'. 16
Clause 39 Amendment of s 95 (Effect of expiry or revocation of 17
declaration) 18
Section 95, `expiry or revocation of a Ministerial 19
declaration'-- 20
omit, insert-- 21
`expiry of a declaration, or the revocation of a declaration of a 22
service or part of a service,'. 23
Clause 40 Amendment of s 96 (Register of declarations) 24
Section 96, `Ministerial'-- 25
omit. 26
Page 31
Motor Accident Insurance and Other Legislation Amendment Bill 2010
Part 3 Amendment of Queensland Competition Authority Act 1997
[s 41]
Clause 41 Omission of pt 5, div 3 (Regulation based declarations) 1
Part 5, division 3-- 2
omit. 3
Clause 42 Amendment of s 100 (Obligations of parties to 4
negotiations) 5
Section 100-- 6
insert-- 7
`(2) In negotiating access agreements, or amendments to access 8
agreements, relating to the service, the access provider must 9
not unfairly differentiate between access seekers in a way that 10
has a material adverse effect on the ability of 1 or more of the 11
access seekers to compete with other access seekers. 12
Note-- 13
Provision for enforcing compliance with subsection (2) is made in 14
division 8 (Enforcement for pt 5), particularly section 153 (Orders to 15
enforce prohibitions on hindering access and unfair differentiation). 16
`(3) Subsection (2) does not prevent the access provider treating 17
access seekers differently to the extent the different treatment 18
is-- 19
(a) reasonably justified because of the different 20
circumstances, relating to access to the declared service, 21
applicable to the access provider or any of the access 22
seekers; or 23
(b) expressly required or permitted by-- 24
(i) an access code or approved access undertaking for 25
the declared service; or 26
(ii) an access determination to which the access 27
provider is a party. 28
`(4) However, subsection (3) does not authorise an access provider 29
to-- 30
(a) engage in conduct for the purpose of preventing or 31
hindering a user's access to the declared service; or 32
Page 32
Motor Accident Insurance and Other Legislation Amendment Bill 2010
Part 3 Amendment of Queensland Competition Authority Act 1997
[s 43]
Note-- 1
See sections 104 and 125 in relation to conduct preventing or 2
hindering a user's access to the declared service. 3
(b) propose a price for access to the declared service that is 4
inconsistent with the pricing principles mentioned in 5
section 168A.'. 6
Clause 43 Amendment of s 118 (Examples of access 7
determinations) 8
Section 118(1)(b), `accept, and pay for,'-- 9
omit, insert-- 10
`pay for'. 11
Clause 44 Amendment of s 119 (Restrictions affecting making of 12
access determination) 13
(1) Section 119(4)-- 14
omit, insert-- 15
`(4) Despite subsection (2)(c), the authority may make an access 16
determination requiring an access provider to extend, or 17
permit the extension of, a facility if-- 18
(a) the requirement is consistent with a requirement 19
imposed under an approved access undertaking for the 20
service that was approved by the authority under section 21
136(4) or 142(2), and the requirements under subsection 22
(4B) are met; or 23
(b) the requirements under subsection (5) are met. 24
`(4A) An access determination mentioned in subsection (4)(a) may 25
require the access provider to pay all or some of the costs of 26
extending the facility if the requirement is consistent with a 27
requirement imposed under the approved access undertaking. 28
`(4B) For subsection (4)(a), the requirements are that the authority is 29
satisfied-- 30
Page 33
Motor Accident Insurance and Other Legislation Amendment Bill 2010
Part 3 Amendment of Queensland Competition Authority Act 1997
[s 45]
(a) the extension will be technically and economically 1
feasible and consistent with the safe and reliable 2
operation of the facility; and 3
(b) the legitimate business interests of the following entities 4
are protected-- 5
(i) the owner of the facility; 6
(ii) if the owner and operator of the facility are 7
different entities--the operator.'. 8
(2) Section 119(5), from `However' to `only if'-- 9
omit, insert-- 10
`For subsection (4)(b), the requirements are'. 11
(3) Section 119(6), `(4)'-- 12
omit, insert-- 13
`(4)(a) or (4)(b)'. 14
Clause 45 Amendment of s 127 (Register of access determinations) 15
Section 127(2)-- 16
insert-- 17
`(f) if the access determination has been amended under 18
subdivision 4-- 19
(i) details of the amendment; and 20
(ii) the date the authority decided to amend the access 21
determination; and 22
(iii) the date the amendment is to take, or took, effect; 23
and 24
(iv) if the authority amended the access determination 25
under section 127D--the authority's reasons for 26
amending the access determination; 27
(g) if the access determination has been revoked under 28
subdivision 4-- 29
Page 34
Motor Accident Insurance and Other Legislation Amendment Bill 2010
Part 3 Amendment of Queensland Competition Authority Act 1997
[s 46]
(i) the date the authority decided to revoke the access 1
determination; and 2
(ii) the date the revocation is to take, or took, effect; 3
and 4
(iii) if the authority revoked the access determination 5
under section 127D--the authority's reasons for 6
revoking the access determination.'. 7
Clause 46 Insertion of new pt 5, div 5, sdiv 4 8
Part 5, division 5-- 9
insert-- 10
`Subdivision 4 Amendment and revocation of 11
access determinations 12
`127A Application for amendment or revocation of access 13
determination 14
`(1) A party to an access determination may apply to the authority 15
for the amendment or revocation of the access determination, 16
if the party reasonably believes-- 17
(a) there has been a material change of circumstances since 18
the access determination was made; and 19
(b) the material change of circumstances justifies the 20
amendment or revocation of the access determination. 21
`(2) An application under subsection (1) must be in writing and 22
state the following-- 23
(a) the name and address of the party making the 24
application; 25
(b) the name and address of the other parties to the access 26
determination; 27
(c) details of the material change of circumstances the party 28
reasonably believes has happened and the reasons why 29
the party believes it justifies the amendment or 30
revocation of the access determination. 31
Page 35
Motor Accident Insurance and Other Legislation Amendment Bill 2010
Part 3 Amendment of Queensland Competition Authority Act 1997
[s 46]
`127B Notice by authority of application for amendment or 1
revocation 2
`On receiving an application under section 127A, the 3
authority must give a copy of the application to the other 4
parties to the access determination. 5
`127C Amendment or revocation with agreement of parties 6
`(1) The authority may amend or revoke the access determination 7
if-- 8
(a) an application for the amendment or revocation has been 9
made under section 127A; and 10
(b) all other parties to the access determination agree with 11
the amendment or revocation; and 12
(c) the authority is reasonably satisfied-- 13
(i) there has been a material change of circumstances 14
since the access determination was made; and 15
(ii) the material change of circumstances justifies the 16
amendment or revocation; and 17
(d) either-- 18
(i) for an amendment--the requirements under 19
section 119 are satisfied and the authority has had 20
regard to the matters mentioned in section 120; or 21
(ii) for a revocation--the authority has had regard to 22
the matters mentioned in section 120. 23
`(2) For subsection (1)(d), the relevant sections apply as if a 24
reference to the making of an access determination were a 25
reference to the making of an amendment to, or the revocation 26
of, the access determination. 27
`(3) The authority must give written notice of the making of the 28
amendment or revocation to all parties to the access 29
determination. 30
`(4) The notice must state the day the amendment or revocation 31
takes effect. 32
Page 36
Motor Accident Insurance and Other Legislation Amendment Bill 2010
Part 3 Amendment of Queensland Competition Authority Act 1997
[s 46]
`127D Arbitration of dispute about amendment or 1
revocation of access determination 2
`(1) This section applies if-- 3
(a) a party to an access determination has made an 4
application under section 127A; and 5
(b) another party (the disputing party) to the access 6
determination does not agree with the amendment or 7
revocation of the access determination applied for. 8
`(2) The disputing party may give written notice to the authority 9
that an access dispute exists. 10
`(3) On receiving a notice under subsection (2), the authority must 11
give written notice of the access dispute to all other parties to 12
the access determination. 13
`(4) Subject to subsection (6), the authority must make a written 14
determination (a subdivision 4 determination) in an 15
arbitration on the amendment or revocation of the access 16
determination. 17
`(5) Without limiting subsection (7), the authority may make a 18
subdivision 4 determination that amends or revokes the access 19
determination only if the authority is reasonably satisfied-- 20
(a) there has been a material change of circumstances since 21
the access determination was made; and 22
(b) the material change of circumstances justifies the 23
amendment or revocation. 24
`(6) At any time before the authority makes a subdivision 4 25
determination-- 26
(a) the party who made the application under section 127A 27
may withdraw it; or 28
(b) the disputing party may give the authority written notice 29
stating that the disputing party withdraws the notice 30
given under subsection (2) and agrees with the 31
amendment or revocation applied for. 32
`(7) Sections 117(5) to (7), 117A to 123 apply to the arbitration of 33
the access dispute by the authority as if-- 34
Page 37
Motor Accident Insurance and Other Legislation Amendment Bill 2010
Part 3 Amendment of Queensland Competition Authority Act 1997
[s 47]
(a) a subdivision 4 determination were an access 1
determination; and 2
(b) a notice given under subsection (2) were an access 3
dispute notice. 4
`(8) For subsection (7), section 122 applies as if the following 5
were substituted for paragraph (c)-- 6
`(c) no material change of circumstances has happened since 7
the access determination was made.'.'. 8
Clause 47 Amendment of s 128 (Making codes) 9
Section 128-- 10
insert-- 11
`(4) The Ministers may make a code only if the Ministers consider 12
it appropriate to do so having regard to-- 13
(a) the matters mentioned in section 138(2)(a) to (g); and 14
(b) any other matters the Ministers consider relevant.'. 15
Clause 48 Amendment of s 134 (Consideration and approval of draft 16
access undertaking by authority) 17
(1) Section 134(2), from `, within'-- 18
omit, insert-- 19
`to-- 20
(a) amend the draft access undertaking in the way the 21
authority considers appropriate; and 22
(b) give the authority a copy of the amended draft access 23
undertaking within-- 24
(i) 60 days of receiving the notice; or 25
(ii) if the period is extended under subsection 26
(2A)--the extended period.'. 27
(2) Section 134-- 28
insert-- 29
Page 38
Motor Accident Insurance and Other Legislation Amendment Bill 2010
Part 3 Amendment of Queensland Competition Authority Act 1997
[s 49]
`(2A) The authority may, during the period mentioned in subsection 1
(2)(b)(i), extend the period within which the amended draft 2
access undertaking must be given to the authority by giving 3
the owner or operator a written notice stating the day the 4
extended period ends. 5
`(2B) The day stated in a notice under subsection (2A) must be no 6
later than 90 days after the owner or operator received the 7
secondary undertaking notice.'. 8
Clause 49 Insertion of new s 136A 9
After section 136-- 10
insert-- 11
`136A Compulsory amendment of draft access undertaking 12
for declared service given voluntarily 13
`(1) This section applies if-- 14
(a) a following person (the relevant person) gives a draft 15
access undertaking for a declared service to the 16
authority under section 136-- 17
(i) the owner or operator of the declared service; 18
(ii) a person who expects to be the owner or operator 19
of the declared service; and 20
(b) the authority refuses to approve the draft access 21
undertaking mentioned in paragraph (a); and 22
(c) the authority has previously refused to approve a draft 23
access undertaking given to it under section 136 by the 24
relevant person. 25
`(2) The notice given to the relevant person under section 136(5) 26
may include a request for the relevant person to-- 27
(a) amend the draft access undertaking mentioned in 28
subsection (1)(a) in the way the authority considers 29
appropriate; and 30
(b) give the authority a copy of the amended draft access 31
undertaking within-- 32
Page 39
Motor Accident Insurance and Other Legislation Amendment Bill 2010
Part 3 Amendment of Queensland Competition Authority Act 1997
[s 50]
(i) 60 days of receiving the notice; or 1
(ii) if the period is extended under subsection (3)--the 2
extended period. 3
`(3) The authority may, during the period mentioned in subsection 4
(2)(b)(i), extend the period within which the amended draft 5
access undertaking must be given to the authority by giving 6
the relevant person a written notice stating the day the 7
extended period ends. 8
`(4) The day stated in a notice under subsection (3) must be no 9
later than 90 days after the relevant person received the notice 10
given under section 136(5). 11
`(5) If the relevant person complies with a request under 12
subsection (2), the authority may approve the draft access 13
undertaking. 14
`(6) If the relevant person does not comply with a request under 15
subsection (2), the authority may prepare, and approve, a draft 16
access undertaking for the service in relation to the relevant 17
person.'. 18
Clause 50 Amendment of s 137 (Contents of access undertakings) 19
Section 137-- 20
insert-- 21
`(1A) An access undertaking for a service owned or operated by a 22
related access provider must include provisions for-- 23
(a) identifying, preventing and remedying conduct of the 24
related access provider that unfairly differentiates in a 25
material way between-- 26
(i) in negotiating access agreements, or amendments 27
to access agreements, relating to the 28
service--access seekers; or 29
(ii) in providing access to the service--users; and 30
(b) preventing the related access provider recovering, 31
through the price of access to the service, costs that are 32
Page 40
Motor Accident Insurance and Other Legislation Amendment Bill 2010
Part 3 Amendment of Queensland Competition Authority Act 1997
[s 51]
not reasonably attributable to the provision of the 1
service.'. 2
(2) Section 137-- 3
insert-- 4
`(3) In this section-- 5
material way, in relation to unfair differentiation between 6
access seekers or users, means a way that has a material 7
adverse effect on the ability of 1 or more of the access seekers 8
or users to compete with other access seekers or users.'. 9
Clause 51 Amendment of s 138 (Factors affecting approval of draft 10
access undertaking) 11
(1) Section 138(1)-- 12
omit, insert-- 13
`(1) This section applies to a draft access undertaking given to, or 14
prepared by, the authority under this subdivision.'. 15
(2) Section 138(2)(f)-- 16
omit, insert-- 17
`(f) the effect of excluding existing assets for pricing 18
purposes; 19
(fa) the pricing principles mentioned in section 168A;'. 20
(3) Section 138(2)(fa) and (g)-- 21
renumber as section 138(2)(g) and (h). 22
Clause 52 Insertion of new s 138A 23
Part 5, division 7, subdivision 1-- 24
insert-- 25
`138A Terms of particular approved access undertakings 26
`(1) An approved access undertaking for a service may require or 27
permit the owner or operator of the service to do the 28
following, in the circumstances stated in the undertaking-- 29
Page 41
Motor Accident Insurance and Other Legislation Amendment Bill 2010
Part 3 Amendment of Queensland Competition Authority Act 1997
[s 53]
(a) treat access seekers differently in negotiating access 1
agreements, or amendments to access agreements, 2
relating to the service; or 3
(b) treat users differently in providing access to the service. 4
`(2) However, subsection (1) does not authorise an approved 5
access undertaking to require or permit the owner or operator 6
to do anything inconsistent with the pricing principles 7
mentioned in section 168A.'. 8
Clause 53 Amendment of s 140 (Consideration and approval of draft 9
amending access undertaking by authority) 10
(1) Section 140(2), from `, within'-- 11
omit, insert-- 12
`to-- 13
(a) amend the draft access undertaking in the way the 14
authority considers appropriate; and 15
(b) give the authority a copy of the amended draft access 16
undertaking within-- 17
(i) 30 days of receiving the notice; or 18
(ii) if the period is extended under subsection 19
(2A)--the extended period.'. 20
(2) Section 140-- 21
insert-- 22
`(2A) The authority may, during the period mentioned in subsection 23
(2)(b)(i), extend the period within which the amended draft 24
access undertaking must be given to the authority by giving 25
the responsible person a written notice stating the day the 26
extended period ends. 27
`(2B) The day stated in a notice under subsection (2A) must be no 28
later than 60 days after the responsible person received the 29
secondary amendment notice.'. 30
Page 42
Motor Accident Insurance and Other Legislation Amendment Bill 2010
Part 3 Amendment of Queensland Competition Authority Act 1997
[s 54]
Clause 54 Replacement of s 144 (Application of subdivision) 1
Section 144-- 2
omit, insert-- 3
`144 Application of sdiv 3 4
`This subdivision applies to a draft access undertaking given 5
to, or prepared by, the authority under subdivision 1 or 2.'. 6
Clause 55 Insertion of new s 150AA 7
Part 5, division 7, subdivision 4, after section 150A-- 8
insert-- 9
`150AA Requirement to give information about compliance 10
with approved access undertaking 11
`(1) The authority may take action under this section to find out 12
whether a responsible person is complying with section 150A 13
in relation to an approved access undertaking. 14
`(2) The authority may, by written notice given to the responsible 15
person, require the responsible person to give the authority, 16
within the time (not less than 14 days) stated in the notice, 17
stated information about the responsible person's compliance 18
with the approved access undertaking. 19
`(3) The responsible person must comply with the requirement 20
within the time stated in the notice, unless the responsible 21
person has a reasonable excuse. 22
Maximum penalty--500 penalty units or 6 months 23
imprisonment. 24
`(4) A responsible person who is an individual is not required to 25
comply with a requirement to give information if the 26
responsible person claims on the ground of self incrimination 27
a privilege the responsible person would be entitled to claim 28
against giving the information were the responsible person a 29
witness in a prosecution for an offence in the Supreme Court. 30
`(5) The authority or responsible person may apply to the Supreme 31
Court for a determination of the validity of a claim of 32
privilege.'. 33
Page 43
Motor Accident Insurance and Other Legislation Amendment Bill 2010
Part 3 Amendment of Queensland Competition Authority Act 1997
[s 56]
Clause 56 Amendment of s 153 (Orders to enforce prohibition on 1
hindering access) 2
(1) Section 153, heading, from `prohibition'-- 3
omit, insert-- 4
`prohibitions on hindering access and unfair 5
differentiation'. 6
(2) Section 153(1), `104 or 125'-- 7
omit, insert-- 8
`100(2), 104, 125 or 168C'. 9
Clause 57 Amendment of s 168A (Pricing principles) 10
(1) Section 168A, `declared'-- 11
omit. 12
(2) Section 168A(c)-- 13
omit, insert-- 14
`(c) not allow a related access provider to set terms and 15
conditions that discriminate in favour of the downstream 16
operations of the access provider or a related body 17
corporate of the access provider, except to the extent the 18
cost of providing access to other operators is higher; 19
and'. 20
Clause 58 Insertion of new ss 168B and 168C 21
After section 168A-- 22
insert-- 23
`168B Information to be considered by authority in making 24
decisions 25
`(1) This section applies to the making of any of the following 26
decisions by the authority-- 27
(a) a decision to make a recommendation to the Ministers 28
under section 79, 87A or 88; 29
Page 44
Motor Accident Insurance and Other Legislation Amendment Bill 2010
Part 3 Amendment of Queensland Competition Authority Act 1997
[s 58]
(b) an access determination; 1
(c) a decision to approve, or refuse to approve, a draft 2
access undertaking under section 134, 136, 140 or 142; 3
(d) a decision about whether to make a ruling under division 4
7A. 5
`(2) Subsection (3) applies if a person makes a submission, or 6
gives information, (late information) to the authority after the 7
period for making the submission or giving the information 8
stated by the authority. 9
`(3) The authority may make the decision without taking late 10
information into account if doing so is reasonable in all of the 11
circumstances. 12
`(4) For subsection (3), in deciding whether it is reasonable in all 13
of the circumstances, the following factors must be taken into 14
account-- 15
(a) whether the late information was available, or ought 16
reasonably to have been available, to the person during 17
the period mentioned in subsection (2); 18
(b) the length, complexity and relevance of the late 19
information; 20
(c) how much time has elapsed since the period mentioned 21
in subsection (2) ended; 22
(d) how advanced the authority's decision making process 23
is when the late information is received. 24
`(5) Subsection (6) applies if-- 25
(a) the authority has required a person to give information, 26
or produce a document, to it for the purpose of making 27
the decision; and 28
(b) the person fails to comply with the requirement. 29
`(6) The authority may make the decision on the basis of the 30
information available to it at the time. 31
Page 45
Motor Accident Insurance and Other Legislation Amendment Bill 2010
Part 3 Amendment of Queensland Competition Authority Act 1997
[s 59]
`168C Prohibition on particular treatment of users by 1
access providers 2
`(1) In providing access to a declared service, an access provider 3
must not unfairly differentiate between users of the service in 4
a way that has a material adverse effect on the ability of 1 or 5
more of the users to compete with other users. 6
Note-- 7
Provision for enforcing compliance with subsection (1) is made in 8
division 8 (Enforcement for pt 5), particularly section 153 (Orders to 9
enforce prohibitions on hindering access and unfair differentiation). 10
`(2) An access provider does not contravene subsection (1) to the 11
extent the different treatment is expressly required or 12
permitted by-- 13
(a) an access code or approved access undertaking for the 14
service; or 15
(b) an access agreement to which the provider is a party; or 16
(c) an access determination to which the provider is a party. 17
`(3) However, subsection (2) does not authorise an access provider 18
to do anything-- 19
(a) under an access agreement or access determination to 20
which the provider is a party if the provider is prevented 21
from doing the thing under section 104 or 125; or 22
(b) that is inconsistent with the pricing principles 23
mentioned in section 168A. 24
`(4) This section applies despite section 102.'. 25
Clause 59 Amendment of s 171 (Application of part) 26
(1) Section 171-- 27
insert-- 28
`(ea) an investigation for part 5, division 2, subdivision 4A;'. 29
(2) Section 171(ea) to (l)-- 30
renumber as section 171(f) to (m). 31
Page 46
Motor Accident Insurance and Other Legislation Amendment Bill 2010
Part 3 Amendment of Queensland Competition Authority Act 1997
[s 60]
Clause 60 Amendment of s 181 (Notice to witness) 1
Section 181, `chairperson'-- 2
omit, insert-- 3
`authority'. 4
Clause 61 Amendment of s 185 (Giving information and documents 5
to authority) 6
Section 185(1), `chairperson'-- 7
omit, insert-- 8
`authority'. 9
Clause 62 Insertion of new pt 12 10
After section 247-- 11
insert-- 12
`Part 12 Transitional and savings 13
provisions for Motor Accident 14
Insurance and Other 15
Legislation Amendment Act 16
2010 17
`248 Definition for pt 12 18
`In this part-- 19
expiry day means the day that is 10 years from the day this 20
section commences. 21
`249 Exclusion of service from pt 5 22
`(1) Despite section 72, part 5 does not apply to the service 23
mentioned in subsection (2). 24
Page 47
Motor Accident Insurance and Other Legislation Amendment Bill 2010
Part 3 Amendment of Queensland Competition Authority Act 1997
[s 62]
`(2) The service is the use of rail transport infrastructure for 1
providing transportation by rail between Queensland and 2
another State if-- 3
(a) the infrastructure is standard gauge track; and 4
(b) the transportation is effected by using standard gauge 5
rolling stock. 6
`(3) Subsection (1) stops applying at the end of the expiry day. 7
`250 Saving of declarations of particular services 8
`(1) Each of the following services is taken to be a service 9
declared by the Ministers under part 5, division 2-- 10
(a) the use of a coal system for providing transportation by 11
rail; 12
(b) the use of rail transport infrastructure for providing 13
transportation by rail if the infrastructure is used for 14
operating a railway for which Queensland Rail Limited, 15
or a successor, assign or subsidiary of Queensland Rail 16
Limited, is the railway manager; 17
(c) the handling of coal at Dalrymple Bay Coal Terminal by 18
the terminal operator. 19
Note-- 20
The services mentioned in subsection (1) were, immediately before the 21
commencement of this part, declared under a regulation made under 22
repealed section 97. 23
`(2) Subsection (1) stops having effect in relation to a service, or 24
part of a service-- 25
(a) at the end of the expiry day; or 26
(b) if the declaration of the service or part of the service is 27
revoked under part 5, division 2, subdivision 5--when 28
the revocation takes effect. 29
Notes-- 30
1 See section 95 in relation to the effect of the declaration ending. 31
Page 48
Motor Accident Insurance and Other Legislation Amendment Bill 2010
Part 3 Amendment of Queensland Competition Authority Act 1997
[s 62]
2 Subsection (1) ceasing to have effect in relation to a service does 1
not prevent the Ministers declaring the service under part 5, 2
division 2 with effect after the expiry day. 3
`(3) For this section, coal system means rail transport 4
infrastructure that is-- 5
(a) part of any of the following-- 6
(i) the Blackwater system, being the railway 7
connecting Gregory, Rolleston and Minerva to 8
Gladstone, including the part of the North Coast 9
Line between Parana and Rocklands, as shown on 10
the diagram in schedule 1; 11
(ii) the Goonyella system, being the railway 12
connecting Gregory, North Goonyella and Blair 13
Athol mine to the Port of Hay Point, as shown on 14
the diagram in schedule 1; 15
(iii) the Moura system, being the railway connecting 16
Moura mine to Gladstone, as shown on the 17
diagram in schedule 1; 18
(iv) the Newlands system, being the railway connecting 19
Newlands to the Port of Abbott Point, including 20
the part of the North Coast Line between 21
Durroburra and Kaili, as shown on the diagram in 22
schedule 1; or 23
(b) directly or indirectly connected to a system mentioned 24
in paragraph (a) and owned or leased by the owner or 25
lessee, or a related body corporate of the owner or 26
lessee, of the system. 27
`(4) Also, a coal system includes an extension of the coal system 28
that-- 29
(a) is built on or after 30 July 2010; and 30
(b) does not directly connect the coal system to a coal basin 31
to which the coal system was not directly connected on 32
30 July 2010; and 33
(c) is owned or leased by-- 34
(i) the owner or lessee of the coal system; or 35
Page 49
Motor Accident Insurance and Other Legislation Amendment Bill 2010
Part 3 Amendment of Queensland Competition Authority Act 1997
[s 62]
(ii) a related body corporate of the owner or lessee of 1
the coal system. 2
Note-- 3
The declaration of the service mentioned in subsection (1)(a) under the 4
Queensland Competition Authority Regulation 2007, repealed section 5
2B, commenced on 30 July 2010. 6
`(5) In this section-- 7
Dalrymple Bay Coal Terminal means the port infrastructure 8
located at the port of Hay Point owned by Ports Corporation 9
of Queensland or the State, or a successor or assign of Ports 10
Corporation of Queensland or the State, and known as 11
Dalrymple Bay Coal Terminal and includes the following 12
which form part of the terminal-- 13
(a) loading and unloading equipment; 14
(b) stacking, reclaiming, conveying and other handling 15
equipment; 16
(c) wharfs and piers; 17
(d) deepwater berths; 18
(e) ship loaders. 19
handling of coal includes unloading, storing, reclaiming and 20
loading. 21
North Coast Line means the railway running the length of the 22
coast of Queensland from Brisbane to Cairns. 23
Queensland Rail Limited means Queensland Rail Limited 24
ACN 132 181 090. 25
railway manager see the Transport Infrastructure Act 1994, 26
schedule 6. 27
terminal operator means-- 28
(a) the owner or lessee of Dalrymple Bay Coal Terminal; or 29
(b) a person operating Dalrymple Bay Coal Terminal for the 30
owner or lessee.'. 31
Page 50
Motor Accident Insurance and Other Legislation Amendment Bill 2010
Part 3 Amendment of Queensland Competition Authority Act 1997
[s 63]
Clause 63 Insertion of new sch 1 1
After part 12-- 2
insert-- 3
Page 51
Motor Accident Insurance and Other Legislation Amendment Bill 2010
Part 3 Amendment of Queensland Competition Authority Act 1997
[s 63]
`Schedule 1 Central Queensland coal 1
network rail 2
infrastructure 3
section 250 4
Abbott Point
Durroburra
Kaili
Pring
Newlands System
Goonyella System
Proserpine Blackwater System
Moura System
McNaughton Collinsville
Sonoma
Newlands Mackay
Dalrymple Bay
Hay Point
Hail Creek
So
u
North Goonyella Ma th W
Riverside ca alke
Br rt
Goonyella Bu oad hur r
rto le
n a
Moranbah North
Wotonga Coppabella
wa
Moorvale
Ma ins
lla
la
m
P
niu
ac
Isa
len
Peak Downs
Mil
Saraji
Lake Vermont
Blair Athol Mine Dysart
Norwich Park
German Creek
Capella Oaky Creek
Gregory
Gordonstone Fairhill
(Kestrel)
Yongala
r
W
Rockhampton
W Wi
Ensham Curragh wate l
ar
es nd
Emerald k a
re
Rocklands
ac on ff
Gr unn
tw ah
Burngr
n
ove Bl Bo Blu
oo
an el
Ar
T a
Nogoa
d
tle
oo
Stanwell
igh
Rangal
n
Boorgoon Powerhouse
o
Kinrola Koorilgah
ng
ar oo
a
Di
(Cook)
ing
Du llar
Minerva Gladstone
a
W
Parana
Springsure
Earlsfield Boundary Hill
Dakenba Callide Coalfields
Rolleston
Moura Moura Mine
'. 5
Page 52
Motor Accident Insurance and Other Legislation Amendment Bill 2010
Part 3 Amendment of Queensland Competition Authority Act 1997
[s 64]
Clause 64 Amendment and renumbering of schedule (Dictionary) 1
(1) Schedule, definitions candidate service, Ministerial 2
declaration, private facility, public facility and regulation 3
based declaration-- 4
omit. 5
(2) Schedule-- 6
insert-- 7
`expiry day, for part 12, see section 248. 8
extension, of a facility, includes an enhancement, expansion, 9
augmentation, duplication or replacement of all or part of the 10
facility. 11
related access provider, in relation to a service, means an 12
access provider that-- 13
(a) owns or operates the service; and 14
(b) provides, or proposes to provide, access to the service to 15
itself or a related body corporate of the access provider.'. 16
(3) Schedule, definition declaration, paragraph (a)-- 17
omit, insert-- 18
`(a) for part 5--a declaration of a service made by the 19
Ministers under part 5, division 2; or'. 20
(4) Schedule, definition declaration recommendation, paragraph 21
(a), after `79'-- 22
insert-- 23
`or 87A'. 24
(5) Schedule, definition investigation notice-- 25
insert-- 26
`(da) for an investigation under part 5, division 2, subdivision 27
4A--a notice of investigation given under section 87E; 28
or'. 29
(6) Schedule, definition investigation notice, paragraphs (da) to 30
(k)-- 31
Page 53
Motor Accident Insurance and Other Legislation Amendment Bill 2010
Part 4 Amendment of Queensland Competition Authority Regulation 2007
[s 65]
renumber as paragraphs (e) to (l). 1
(7) Schedule, definition register, paragraph (b), `Ministerial'-- 2
omit. 3
(8) Schedule-- 4
renumber as schedule 2. 5
Part 4 Amendment of Queensland 6
Competition Authority 7
Regulation 2007 8
Clause 65 Regulation amended 9
This part amends the Queensland Competition Authority 10
Regulation 2007. 11
Clause 66 Amendment of s 2 (Definitions) 12
Section 2, definitions QR Limited, railway manager, repealed 13
regulation and subsidiary-- 14
omit. 15
Clause 67 Omission of ss 2B and 2C 16
Sections 2B and 2C-- 17
omit. 18
Clause 68 Amendment of pt 2 hdg (Repeal, savings and transitional 19
provisions) 20
Part 2, heading, `, savings'-- 21
omit. 22
Page 54
Motor Accident Insurance and Other Legislation Amendment Bill 2010
Part 5 Amendment of Transport Infrastructure Act 1994
[s 69]
Clause 69 Replacement of pt 2, div 2 (Savings and transitional 1
provisions) 2
Part 2, division 2-- 3
omit, insert-- 4
`Division 2 Transitional provisions 5
`5 Transitional provision for Motor Accident Insurance 6
and Other Legislation Amendment Act 2010 7
`The amendment of this regulation by the Motor Accident 8
Insurance and Other Legislation Amendment Act 2010 does 9
not affect the power of the Governor in Council to further 10
amend this regulation or to repeal it.'. 11
Part 5 Amendment of Transport 12
Infrastructure Act 1994 13
Clause 70 Act amended 14
This part amends the Transport Infrastructure Act 1994. 15
Clause 71 Insertion of new s 93AA 16
After section 93-- 17
insert-- 18
`93AA Application of s 93 to QML network 19
`(1) In relation to the QML network, on and from 31 December 20
2011-- 21
(a) a declaration may not be made under section 93; and 22
(b) the declaration that is in effect under section 93 23
immediately before 31 December 2011 continues to 24
have effect. 25
Page 55
Motor Accident Insurance and Other Legislation Amendment Bill 2010
Part 5 Amendment of Transport Infrastructure Act 1994
[s 71]
`(2) The chief executive must make a copy of map QML 1 1
available for inspection by the public, free of charge-- 2
(a) on the department's website; and 3
(b) during office hours on business days, at the department's 4
head office. 5
Editor's note-- 6
The department's head office is at 85 George Street, Brisbane. 7
`(3) In this section-- 8
Gateway Motorway Facility-- 9
(a) means the major arterial road, known as the Gateway 10
Motorway and including the Sir Leo Hielscher Bridges, 11
that connects-- 12
(i) the start of the Gateway Extension Motorway at 13
the Pacific Motorway interchange at Eight Mile 14
Plains, shown on map QML 1 as 153.103 E and 15
-27.580 N; and 16
(ii) the Nudgee Road interchange, shown on map 17
QML 1 as 153.095 E and -27.388 N; but 18
(b) does not include the major arterial road, shown on map 19
QML 1 as the Old Gateway Motorway, that-- 20
(i) connects with the road mentioned in paragraph (a) 21
at the Nudgee Road interchange and Eagle Farm; 22
and 23
(ii) passes through the following GPS coordinates-- 24
(A) 153.089 E and -27.394N; 25
(B) 153.088E and -27.435N. 26
Logan Motorway Facility means-- 27
(a) the major arterial road, known as the Logan Motorway, 28
that connects-- 29
(i) the Ipswich Motorway at the Ipswich Motorway 30
interchange at Gailes, shown on map QML 1 as 31
152.923 E and -27.607 N; and 32
Page 56
Motor Accident Insurance and Other Legislation Amendment Bill 2010
Part 5 Amendment of Transport Infrastructure Act 1994
[s 72]
(ii) the Pacific Motorway at the Pacific Motorway 1
interchange at Loganholme, shown on map QML 1 2
as 153.181 E and -27.684 N; and 3
(b) the major arterial road, known as the Gateway Extension 4
Motorway, that connects-- 5
(i) the Pacific Motorway interchange at Eight Mile 6
Plains, shown on map QML 1 as 153.103 E and 7
-27.580 N; and 8
(ii) the Logan Motorway interchange at Drewvale, 9
shown on map QML 1 as 153.061 E and 10
-27.647 N. 11
QML network means-- 12
(a) the Gateway Motorway Facility; and 13
(b) the Logan Motorway Facility.'. 14
Clause 72 Amendment of s 139 (Chief executive may decide matters 15
on request) 16
Section 139(8), definition access undertaking, `the 17
schedule'-- 18
omit, insert-- 19
`schedule 2'. 20
Clause 73 Amendment of s 140 (Notice of dispute under agreement 21
for access) 22
Section 140(4), definition access agreement, `the schedule'-- 23
omit, insert-- 24
`schedule 2'. 25
Clause 74 Amendment of s 266 (Priority for regularly scheduled 26
passenger services in allocating train paths) 27
(1) Section 266(2)-- 28
insert-- 29
Page 57
Motor Accident Insurance and Other Legislation Amendment Bill 2010
Part 5 Amendment of Transport Infrastructure Act 1994
[s 74]
`(d) any other matter, if the information is reasonably 1
required by the chief executive for identifying passenger 2
service requirements.'. 3
(2) Section 266(4), `A'-- 4
omit, insert-- 5
`Subject to subsection (5E), a'. 6
(3) Section 266-- 7
insert-- 8
`(5A) If a railway manager becomes aware that a train path used for 9
regularly scheduled passenger services on a specific section of 10
railway track is, or will become, available for allocation, the 11
railway manager must, during the period or at the time 12
mentioned in subsection (5B), give written notice of the 13
availability to the chief executive. 14
`(5B) A notice under subsection (5A) must be given-- 15
(a) if the train path will become available because of the 16
impending expiry of an agreement for access to the 17
specific section of railway track by an existing regularly 18
scheduled passenger service--at least 6 months before 19
the agreement expires; or 20
(b) otherwise--as soon as practicable after the railway 21
manager becomes aware of the availability. 22
`(5C) On receiving a notice under subsection (5A), the chief 23
executive may, within the period mentioned in subsection 24
(5D), give a written notice to the railway manager requiring 25
that the train path be allocated to a stated passenger service 26
with effect from-- 27
(a) if the train path is not available when the notice is given 28
by the chief executive--the day the train path becomes 29
available; or 30
(b) otherwise--as soon as practicable after the notice is 31
given by the chief executive. 32
`(5D) A notice given by the chief executive under subsection (5C) 33
must be given-- 34
Page 58
Motor Accident Insurance and Other Legislation Amendment Bill 2010
Part 5 Amendment of Transport Infrastructure Act 1994
[s 75]
(a) if the notice is given in response to a notice given by the 1
railway manager under subsection (5B)(a)--within 3 2
months after receiving the notice given by the railway 3
manager; or 4
(b) if the notice is given in response to a notice given by the 5
railway manager under subsection (5B)(b)--within a 6
reasonable time after receiving the notice given by the 7
railway manager. 8
`(5E) A railway manager given a notice under subsection (5C) must 9
allocate the train path to the passenger service stated in the 10
notice with effect from the day or time mentioned in the 11
subsection. 12
`(6A) This section does not apply in relation to a preserved train 13
path under section 266A.'. 14
(4) Section 266(6)(b), `on the same route'-- 15
omit. 16
Clause 75 Insertion of new ss 266A-266H 17
Chapter 7, part 8-- 18
insert-- 19
`266A Allocation of preserved train paths 20
`(1) This section applies to a train path (a preserved train path) 21
that is, on the commencement of this section, allocated for the 22
provision of-- 23
(a) a regularly scheduled passenger service; or 24
(b) a service involving the transportation of a type of freight 25
other than coal. 26
`(2) If a preserved train path becomes available for a railway 27
manager to allocate, the railway manager must not allocate the 28
train path to a person for the provision of a different type of 29
service unless-- 30
(a) the railway manager gives written notice to the chief 31
executive, at least 2 months before the day the proposed 32
Page 59
Motor Accident Insurance and Other Legislation Amendment Bill 2010
Part 5 Amendment of Transport Infrastructure Act 1994
[s 75]
allocation takes effect, stating details of the proposed 1
allocation; and 2
(b) the chief executive gives written notice to the railway 3
manager stating the chief executive consents to the 4
proposed allocation. 5
`(3) Despite subsection (1), this section ceases to apply to a 6
preserved train path if-- 7
(a) the chief executive gives written notice to the railway 8
manager stating the train path is no longer subject to the 9
requirements under this section; or 10
(b) the preserved train path is allocated by the railway 11
manager under subsection (2). 12
`(4) The chief executive may give the railway manager a written 13
notice requiring the railway manager to give the chief 14
executive information reasonably required to determine the 15
railway manager's compliance with subsection (2). 16
`(5) The railway manager must comply with the requirement 17
within the reasonable period stated in the notice. 18
`(6) This section does not prevent the railway manager allowing a 19
preserved train path to be used for a different type of service 20
when it is not being used for the service for which it is 21
allocated. 22
`266B Civil penalty for breach of train path obligation 23
`(1) A railway manager is liable to pay the State a civil penalty if 24
the railway manager breaches, without a reasonable excuse, 25
any of the following obligations (the train path 26
obligations)-- 27
(a) section 265(1); 28
(b) section 266(4), (5A) or (5E); 29
(c) section 266A(2). 30
`(2) A civil penalty may be imposed on a railway manager either 31
by-- 32
Page 60
Motor Accident Insurance and Other Legislation Amendment Bill 2010
Part 5 Amendment of Transport Infrastructure Act 1994
[s 75]
(a) a penalty notice given to the railway manager by the 1
chief executive; or 2
(b) an order made by the Supreme Court under section 3
266G. 4
`(3) If the penalty is imposed under a penalty notice, the amount of 5
the penalty is-- 6
(a) for breach of section 265(1), 266(4) or 7
266(5A)--$5000; or 8
(b) for breach of section 266(5E) or 266A(2)--$25000. 9
Note-- 10
For the amount of the penalty that may be imposed by the Supreme 11
Court, see section 266G. 12
`266C Giving of notice proposing imposition of penalty 13
`(1) This section applies if the chief executive-- 14
(a) suspects a railway manager has breached a train path 15
obligation; and 16
(b) proposes to impose a penalty on the railway manager 17
under a penalty notice. 18
`(2) The chief executive may give the railway manager a written 19
notice (a proposed penalty notice) proposing to impose a 20
penalty on the railway manager on the grounds of the breach. 21
`(3) The proposed penalty notice must state each of the 22
following-- 23
(a) the chief executive proposes to impose a penalty on the 24
railway manager; 25
(b) the grounds for imposing the proposed penalty; 26
(c) an outline of the facts and circumstances forming the 27
basis for the grounds for imposing the proposed penalty; 28
(d) the railway manager may make a written submission to 29
the chief executive, no later than 28 days after the 30
Page 61
Motor Accident Insurance and Other Legislation Amendment Bill 2010
Part 5 Amendment of Transport Infrastructure Act 1994
[s 75]
railway manager is given the notice, as to why the 1
penalty should not be imposed; 2
(e) the way in which the submission may be made. 3
`266D Submission against proposed imposition of penalty 4
`(1) The railway manager may make a submission against the 5
imposition of the penalty in the way stated in the proposed 6
penalty notice. 7
`(2) The submission must-- 8
(a) be made to the chief executive no later than 28 days after 9
the railway manager is given the proposed penalty 10
notice; and 11
(b) state fully the grounds for the submission and the facts 12
relied upon. 13
`(3) The chief executive may, by written notice given to the 14
railway manager, state a longer period allowed for making the 15
submission. 16
`266E Giving of penalty notice 17
`(1) This section applies if-- 18
(a) the period under section 266D for making a submission 19
against the imposition of the penalty has expired; and 20
(b) the chief executive has considered any submission made 21
under section 266D; and 22
(c) the chief executive is satisfied the railway manager has 23
breached the train path obligation mentioned in the 24
proposed penalty notice without a reasonable excuse. 25
`(2) The chief executive may decide to impose a penalty on the 26
railway manager on the grounds of the breach. 27
`(3) If the chief executive makes a decision under subsection (2), 28
the chief executive must give the railway manager a penalty 29
notice. 30
Page 62
Motor Accident Insurance and Other Legislation Amendment Bill 2010
Part 5 Amendment of Transport Infrastructure Act 1994
[s 75]
`(4) A penalty notice is a written notice that states each of the 1
following-- 2
(a) the chief executive has decided to impose a penalty on 3
the railway manager; 4
(b) the reasons for the decision; 5
(c) the amount of the penalty provided for under section 6
266B(3), and the day by which it must be paid; 7
(d) that the railway manager may appeal to the Supreme 8
Court against the decision within 28 days after the 9
railway manager is given the penalty notice; 10
(e) how to appeal. 11
`(5) The day for payment stated under subsection (4)(c) must not 12
be less than 28 days after the day the penalty notice is given to 13
the railway manager. 14
`(6) The State may recover the penalty from the railway manager 15
as a debt. 16
`266F Appeal against imposition of penalty by penalty 17
notice 18
`(1) A railway manager who is given a penalty notice may appeal 19
to the Supreme Court against the chief executive's decision to 20
impose the penalty. 21
`(2) The Transport Planning and Coordination Act 1994, part 5, 22
division 3 applies to an appeal mentioned in subsection (1) as 23
if-- 24
(a) references in the division to a reviewed decision were 25
references to the chief executive's decision; and 26
(b) references in the division to an appeal court or the 27
appeal court were references to the Supreme Court. 28
`266G Proceeding for civil penalty order 29
`(1) This section applies if, on the application of the chief 30
executive, the Supreme Court is satisfied a railway manager 31
Page 63
Motor Accident Insurance and Other Legislation Amendment Bill 2010
Part 5 Amendment of Transport Infrastructure Act 1994
[s 75]
has breached a train path obligation without a reasonable 1
excuse. 2
`(2) However, the chief executive may not make an application 3
under this section if a penalty notice has been given to the 4
railway manager for the breach and has not been revoked. 5
`(3) To remove any doubt, it is declared that the chief executive 6
may make an application under this section without first 7
giving the railway manager a proposed penalty notice. 8
`(4) The Supreme Court may order the railway manager to pay the 9
State as a civil penalty an amount of no more than-- 10
(a) for breach of section 265(1), 266(4) or 11
266(5A)--$50000; or 12
(b) for breach of section 266(5E) or 266A(2)--$250000. 13
`(5) In fixing the penalty, the court must consider-- 14
(a) the nature and extent of the breach, including, for a 15
breach of section 266(5E) or 266A(2)-- 16
(i) the benefit that the railway manager has obtained, 17
or is likely to obtain, from the allocation of the 18
train path; and 19
(ii) the extent of the adverse economic impact of the 20
allocation of the train path on providers, and 21
customers of providers, of the service mentioned in 22
section 266(5E) or 266A(1); and 23
(iii) the extent of the social impact of the allocation of 24
the train path; and 25
(b) the circumstances in which the breach took place, 26
including-- 27
(i) whether the breach was deliberate; and 28
(ii) whether the railway manager took steps to attempt 29
to prevent the breach occurring or to mitigate the 30
effect of the breach; and 31
(c) whether the railway manager has previously engaged in 32
any similar conduct. 33
Page 64
Motor Accident Insurance and Other Legislation Amendment Bill 2010
Part 5 Amendment of Transport Infrastructure Act 1994
[s 75]
`(6) If the Supreme Court orders payment of an amount under this 1
section, the State may enforce the order as a judgment of the 2
court for a debt of that amount. 3
`266H Conduct by directors, servants or agents of railway 4
manager for provisions about civil penalty 5
`(1) This section applies for deciding whether a railway manager 6
has failed to comply with a train path obligation without a 7
reasonable excuse. 8
`(2) If it is necessary to be satisfied of a railway manager's state of 9
mind, it is enough to be satisfied that a director, servant or 10
agent (a representative) of the railway manager, acting within 11
the scope of the representative's actual or apparent authority, 12
had the state of mind. 13
`(3) Conduct engaged in for a railway manager by the following 14
persons is taken to have been engaged in by the railway 15
manager-- 16
(a) a representative of the railway manager, acting within 17
the scope of the representative's actual or apparent 18
authority; 19
(b) another person at the direction, or with the consent or 20
agreement, of a representative of the railway manager, if 21
the giving of the direction, consent or agreement was 22
within the scope of the representative's actual or 23
apparent authority. 24
`(4) Conduct engaged in for a railway manager by the following 25
persons is taken to have been engaged in by the railway 26
manager-- 27
(a) a servant or agent of the railway manager, acting within 28
the scope of the servant's or agent's actual or apparent 29
authority; 30
(b) another person at the direction, or with the consent or 31
agreement, of a servant or agent of the railway manager, 32
if the giving of the direction, consent or agreement was 33
Page 65
Motor Accident Insurance and Other Legislation Amendment Bill 2010
Part 5 Amendment of Transport Infrastructure Act 1994
[s 76]
within the scope of the servant's or agent's actual or 1
apparent authority. 2
`(5) In this section-- 3
consent or agreement includes an implied consent or 4
agreement. 5
state of mind, of a person, may include-- 6
(a) knowledge, intention, opinion, belief or purpose of the 7
person; and 8
(b) the person's reasons for the person's intention, opinion, 9
belief or purpose.'. 10
Clause 76 Amendment of s 438 (Definitions for ch 13) 11
Section 438-- 12
insert-- 13
`network company means a QR National company that is a 14
railway manager for a railway situated in Queensland. 15
QR National company means QR National or a related body 16
corporate of QR National.'. 17
Clause 77 Insertion of new ch 13, pt 5 18
Chapter 13-- 19
insert-- 20
`Part 5 Governance 21
`438G Requirements about appointment of directors 22
`(1) The majority of the directors of a network company must 23
consist of eligible persons. 24
`(2) In this section-- 25
eligible person means a person who-- 26
(a) is not an employee of a QR National company; and 27
Page 66
Motor Accident Insurance and Other Legislation Amendment Bill 2010
Part 5 Amendment of Transport Infrastructure Act 1994
[s 77]
(b) has not been an employee of a QR National company at 1
any time during the ineligibility period; and 2
(c) is not engaged by a QR National company to provide 3
advisory or consultancy services to a QR National 4
company, if the engagement could reasonably be 5
regarded as material to that person; and 6
(d) has not been engaged by a QR National company to 7
provide advisory or consultancy services to a QR 8
National company at any time during the ineligibility 9
period, if the engagement could reasonably be regarded 10
as material to that person; and 11
(e) is not an employee of a company or partnership, an 12
officer of a company, or a partner in a partnership, that is 13
engaged by a QR National company to provide advisory 14
or consultancy services to a QR National company, if-- 15
(i) the person is directly involved in providing those 16
services; and 17
(ii) the engagement could reasonably be regarded as 18
material to the company or partnership; and 19
(f) was not an employee of a company or partnership, an 20
officer of a company, or a partner in a partnership, that 21
was engaged by a QR National company to provide 22
advisory or consultancy services to a QR National 23
company at any time during the ineligibility period, if-- 24
(i) the person was directly involved in providing those 25
services; and 26
(ii) the engagement could reasonably be regarded as 27
material to the company or partnership; and 28
(g) is not an employee of a company or partnership, an 29
officer of a company other than a QR National company, 30
or a partner in a partnership, that has a contract with a 31
QR National company, if the contract could reasonably 32
be regarded as material to the company or partnership; 33
and 34
Page 67
Motor Accident Insurance and Other Legislation Amendment Bill 2010
Part 5 Amendment of Transport Infrastructure Act 1994
[s 78]
(h) does not have a substantial holding in a QR National 1
company; and 2
(i) is not an officer of a company that-- 3
(i) is not a QR National company; and 4
(ii) has a substantial holding in a QR National 5
company. 6
employee, of a company, does not include a person who is 7
engaged solely as a director of the company. 8
ineligibility period, in relation to an eligible person, means the 9
period of 3 years prior to the appointment of the person as a 10
director of the network company. 11
substantial holding has the meaning given in the 12
Corporations Act. 13
`438H Related party access agreements 14
`(1) A network company must not enter into an access agreement 15
with another QR National company unless the agreement has 16
been approved by the board of directors of the network 17
company. 18
`(2) The board of directors of a network company must not 19
approve an access agreement mentioned in subsection (1) 20
unless the board is reasonably satisfied the agreement is on 21
arms-length terms. 22
`(3) In this section-- 23
access agreement see the Queensland Competition Authority 24
Act 1997, schedule 2.'. 25
Clause 78 Insertion of new ch 21 26
After section 575-- 27
insert-- 28
Page 68
Motor Accident Insurance and Other Legislation Amendment Bill 2010
Part 5 Amendment of Transport Infrastructure Act 1994
[s 79]
`Chapter 21 Further transitional 1
provisions 2
`Part 1 Transitional provision for Motor 3
Accident Insurance and Other 4
Legislation Amendment Act 5
2010 6
`576 Information to be provided about preserved train 7
paths 8
`(1) A railway manager must, within the period mentioned in 9
subsection (2), give the chief executive a written notice 10
identifying, in a way acceptable to the chief executive, the 11
preserved train paths relating to the railway manager's 12
railway. 13
`(2) For subsection (1), the period is-- 14
(a) 3 months after the commencement of this section; or 15
(b) a longer period agreed to by the railway manager and 16
the chief executive. 17
`(3) In this section-- 18
preserved train path see section 266A.'. 19
Clause 79 Amendment of sch 6 (Dictionary) 20
(1) Schedule 6-- 21
insert-- 22
`network company, for chapter 13, see section 438. 23
QR National company, for chapter 13, see section 438.'. 24
(2) Schedule 6-- 25
insert-- 26
Page 69
Motor Accident Insurance and Other Legislation Amendment Bill 2010
Part 5 Amendment of Transport Infrastructure Act 1994
[s 79]
`penalty notice see section 266E(4). 1
proposed penalty notice see section 266C(2). 2
train path obligations see section 266B(1).'. 3
© State of Queensland 2010
Page 70
[Index] [Search] [Download] [Related Items] [Help]