Queensland Consolidated Acts

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TRANSPORT OPERATIONS (PASSENGER TRANSPORT) ACT 1994 - SECT 83

Definitions for part

83 Definitions for part

In this part—

"business practices" means the person’s practices in running a business associated with providing a taxi service or booked hire service, including—

(a) the operating policies and procedures of the business; and
(b) the arrangements for preventing or minimising safety risks associated with the person’s practices.

"fatigue" includes any of the following—
(a) feeling sleepy;
(b) feeling physically or mentally tired, weary or drowsy;
(c) feeling exhausted or lacking energy;
(d) behaving in a way consistent with paragraph (a) , (b) or (c) .

"reasonably practicable" , in relation to a duty to ensure safety, means that which is, or was at a particular time, reasonably able to be done in relation to the duty, weighing up all relevant matters, including—
(a) the likelihood of a safety risk, or damage to property, happening; and
(b) the harm that could result from the risk or damage; and
(c) what the person knows, or ought reasonably to know, about the risk or damage; and
(d) what the person knows, or ought reasonably to know, about the ways of—
(i) removing or minimising the risk; or
(ii) preventing or minimising the damage; and
(e) the availability and suitability of those ways; and
(f) the cost associated with the available ways, including whether the cost is grossly disproportionate to the likelihood of the risk or damage.

"safety law" means—
(a) the Work Health and Safety Act 2011 ; or
(b) the Heavy Vehicle National Law (Queensland) .

"safety risk" means a risk to the safety of persons or property, including the safety of—
(a) the drivers of, and passengers in, vehicles; and
(b) persons or property in or in the vicinity of, or likely to be in or in the vicinity of, roads and public places, including other road users; and
(c) vehicles and anything in them.



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