Queensland Consolidated Acts

TRANSPORT OPERATIONS (PASSENGER TRANSPORT) ACT 1994 - SCHEDULE 3

SCHEDULE 3 – Dictionary

"accommodation house" ...

"accommodation transfer service" ...

"accredited operator" means a person who holds an operator accreditation, including operator accreditation granted on a provisional basis under section 18 .

"act of violence" , for chapter 11 , part 4C , see section 129ZH .

"air service" means a scheduled passenger service provided by aircraft between airports in the State.

"approved form" means a form approved by the chief executive under section 150A .

"assault" has the meaning given by the Criminal Code , section 245 .

"authorised booking entity" see section 91V (2) .

"authorised driver" means a person who holds a driver authorisation, including driver authorisation granted on a provisional basis under section 30 .

"authorised person" —

(a) for chapter 11 , part 4C —see section 129ZH ; or

(b) otherwise—means a person who is—

(i) an authorised person under section 111 (1) ; or

(ii) appointed as an authorised person under section 111 (2) ; or

(iii) a transit officer.

(a) for booking entity authorisation—a document evidencing the booking entity authorisation; or

(b) for driver authorisation—a document evidencing the driver authorisation.

(a) a motor vehicle stated in a booked hire service licence; or

(b) a substitute vehicle for the licence.

(a) an offence against a provision of an Act mentioned in schedule 1A , part 1 , subject to any qualification relating to the provision mentioned in the part;

(b) an offence of counselling or procuring the commission of, or attempting or conspiring to commit, an offence mentioned in paragraph (a) , and to which paragraph (a) does not otherwise apply;

(c) an offence against a law of another jurisdiction, including a jurisdiction outside Australia, that substantially corresponds to an offence mentioned in paragraph (a) or (b) .

(a) any of the following that is not a category A driver disqualifying offence—

(i) an offence listed in the Working with Children (Risk Management and Screening) Act 2000 , schedule 2 or 3 , subject to any qualification relating to the offence mentioned in the schedule;

(ii) an offence against a provision of an Act mentioned in schedule 1A , part 2 , subject to any qualification relating to the provision mentioned in the part;

(iii) an offence of counselling or procuring the commission of, or attempting or conspiring to commit, an offence mentioned in subparagraph (i) or (ii) , and to which paragraph (i) or (ii) does not otherwise apply;

(iv) an offence against a law of another jurisdiction, including a jurisdiction outside Australia, that substantially corresponds to an offence mentioned in subparagraph (i) , (ii) or (iii) ; or

(b) an offence mentioned in the definition
"category A driver disqualifying offence" , paragraph (a) , (b) or (c) , committed by a person when the person was—

(i) under 18 years, whether or not an imprisonment order is or was imposed, if the person is not subject to an obligation or an order mentioned in the Working with Children (Risk Management and Screening) Act 2000 , section 18 (b) ; or

(ii) at least 18 years and—

(A) no imprisonment order is or was imposed; and

(B) the person is not subject to an obligation or order mentioned in the Working with Children (Risk Management and Screening) Act 2000 , section 18 (b) .

(a) an offence against a provision of the Criminal Code mentioned in schedule 1A , part 3 ;

(b) an offence against the Drugs Misuse Act 1986 punishable by imprisonment for 1 year or more, even though a fine may be imposed in addition or as an alternative;

(c) an offence against the Weapons Act 1990 punishable by imprisonment for 1 year or more, even though a fine may be imposed in addition or as an alternative;

(d) an offence against this Act;

(e) an offence against the Transport Operations (Passenger Transport) Regulation 2018 , for which the maximum penalty is at least 20 penalty units;

(ea) an offence against the Summary Offences Act 2005 , section 9 ;

(f) an offence of counselling or procuring the commission of, or attempting or conspiring to commit, an offence mentioned in paragraph (a) , (b) , (c) , (d) , (e) or (ea) , and to which paragraph (a) , (b) , (c) , (d) , (e) or (ea) does not otherwise apply;

(g) an offence against a law of another jurisdiction, including a jurisdiction outside Australia, that substantially corresponds to an offence mentioned in paragraph (a) , (b) , (c) , (d) , (e) , (ea) or (f) .

1 A person is the
"consignor" in relation to goods transported, or to be transported, by rail or goods that are dangerous goods if the person is any of the following—

(a) the person who has consented to being, and is, named or otherwise identified as the consignor of the goods in the transport documentation for the consignment;

(b) if there is no person as described in paragraph (a) —

(i) for goods transported or to be transported by rail—the person who engages an operator of the railway, either directly or through another person, to transport the goods by rail; or

(ii) for goods that are dangerous goods—the person who engages a prime contractor, either directly or through another person, to transport the goods; or

(iii) if there is no person as described in subparagraph (i) or (ii) —the person who has possession of, or control over, the goods immediately before the goods are transported by rail; or

(iv) if there is no person as described in subparagraph (i) , (ii) or (iii) —the person who loads a vehicle with the goods, for transport by rail, at a place—

(A) where goods in bulk are stored, temporarily held or otherwise held waiting collection; and

(B) that is unattended, other than by the driver or trainee driver of the rail vehicle or someone else necessary for the normal operation of the rail vehicle, during loading;

(c) if there is no person as described in paragraph (a) or (b) and the goods are imported into Australia through a place in Queensland—the importer of the goods.

2 Also, a person is the consignor of goods for transport by rail if the person arranges for the conveyance of the goods on a rail vehicle owned or controlled by the person.

(a) despite section 6 of that Act, includes a conviction of the person to which the section applies; and

(b) despite section 5 of that Act, includes a charge made against the person for an offence.

(a) goods prescribed under a regulation to be dangerous goods; or

(b) for implied references in relation to goods too dangerous to be transported—see chapter 11 , part 3C .

(a) an offence against chapter 11 , the Transport Infrastructure Act 1994 , chapter 14 or a dangerous goods regulation involving or relating to the transport of dangerous goods by rail; or

(b) for implied references in relation to goods too dangerous to be transported—see chapter 11 , part 3C .

(a) a regulation made under the Transport Infrastructure Act 1994 , chapter 14 , applying to the transport of dangerous goods by rail; or

(b) for implied references in relation to goods too dangerous to be transported—see chapter 11 , part 3C .

Example of high vehicle occupancy measures—

dedicated transit lanes

(a) an offence involving assault occasioning bodily harm of a person; or

(b) an offence involving assault of a person for the purpose of stealing something from the person; or

(c) an offence against the Criminal Code , chapter 32 ; or

Note—

The Criminal Code , chapter 32 contains offences relating to rape and sexual assault.

(d) an offence involving wilful damage of property.

(a) an offence against this Act, whether the act relating to the offence was or is committed before or after the commencement of this paragraph; or

(b) an offence against a provision of the Criminal Code mentioned in schedule 1 ; or

(c) an offence against the Drugs Misuse Act 1986 punishable by imprisonment for 1 year or more, even though a fine may be imposed in addition or as an alternative; or

(d) an offence against the Weapons Act 1990 punishable by imprisonment for 1 year or more, even though a fine may be imposed in addition or as an alternative; or

(e) an offence prescribed by regulation; or

(f) an offence against a law of another jurisdiction, including a jurisdiction outside Australia, that substantially corresponds to an offence mentioned in paragraph (a) , (b) , (c) , (d) or (e) .

(a) generally—means the driver of a public passenger vehicle; and

(b) for chapter 11A —see section 143AA .

(a) a category A driver disqualifying offence; or

(b) a category B driver disqualifying offence; or

(c) a category C driver disqualifying offence.

(a) the price payable for use of the service; or

(b) the provisions of, or arrangements for, a discount, allowance, rebate or credit applying in relation to the price payable for use of the service.

(a) an individual who usually lives in a foreign country; or

(b) a corporation incorporated in a foreign country.

(a) any payment or other consideration for the service;

(b) requiring or asking for a levy, donation or other monetary contribution for the service, for example, the purchase of a ticket in a raffle;

(c) displaying a receptacle, whether on the vehicle used to provide the service or elsewhere, in such a way as to suggest that a donation is expected or required to travel on the vehicle.

(a) the general public; or

(b) a substantial part of the public; or

(c) a person who pays a subscription or a membership fee that is paid principally for the service.

(a) with whom the chief executive has entered the contract under section 38B ; or

(b) to whom the contract has been transferred under section 48 (1) (a) or (b) .

(a) under section 102 —ask for the decision to be reviewed by the chief executive; and

(b) under the Transport Planning and Coordination Act 1994 , part 5 , division 2 —apply to QCAT for the decision to be stayed; and

(c) under section 103 —ask for the chief executive’s decision on the review (the
"reviewed decision" ) to be reviewed by QCAT; and

(d) under the QCAT Act —apply to QCAT for the reviewed decision to be stayed.

(a) a motor vehicle stated in a limousine licence; or

(b) a substitute vehicle for the licence.

(a) load 1 or more packages of the goods in or on the rail vehicle;

(b) place or secure 1 or more packages of the goods on the rail vehicle;

(c) to remove doubt—carry out an activity mentioned in paragraphs (a) and (b) in relation to a bulk container, freight container, or tank that is part of a rail vehicle;

(d) supervise an activity mentioned in paragraph (a) , (b) or (c) ;

(e) manage or control an activity mentioned in paragraphs (a) to (d) ;

(a) under the Point to Point Transport (Taxis and Hire Vehicles) Act 2016 (NSW) ; or

(b) under a taxi licence continued in force under schedule 2 , section 3 of that Act.

(a) put goods in packaging, even if that packaging is already on a rail vehicle;

Example for paragraph (a)—

A person who uses a hose to fill the tank of a tank rail vehicle with petrol packs the petrol for transport.

(b) enclose or otherwise contain more than 1 package, even if that packaging is already on a rail vehicle;

(c) supervise an activity mentioned in paragraph (a) or (b) ;

(d) manage or control an activity mentioned in paragraph (a) , (b) or (c) .

(a) means anything that contains, holds, protects or encloses the goods, whether directly or indirectly, to enable them to be received or held for transport, or to be transported; and

(b) includes anything prescribed under a dangerous goods regulation to be packaging.

Notes—

1 It may be that a container constitutes the whole of the packaging of goods, as in the case of a drum in which goods, including for example dangerous goods, are directly placed.

2 The term is not used in the same way as it is used in United Nations publications relating to the transport of dangerous goods.

(a) for a ferry—the person who has, or reasonably appears to have, command or charge of the ferry; and

(b) for another vehicle—the vehicle’s driver or the person who reasonably appears to be the vehicle’s driver.

(a) a building, wharf or other structure; and

(b) a part of a building, wharf or other structure; and

(c) land or waters where a building, wharf or other structure is situated.

(a) an employee of the railway manager, railway operator or Authority who is a transit officer; or

(b) an employee of the railway manager, railway operator or Authority, or a member of the railway manager’s, railway operator’s or Authority’s board, who is responsible for managing or supervising the performance of a function or the exercise of a power by a person mentioned in paragraph (a) .

(a) to provide a service for which no declaration has been made under section 42 ; and

(b) that is, or is part of, an arrangement under section 144 .

(a) the service is provided for fare or other consideration; or

(b) the service is provided in the course of a trade or business (but not if it is provided by an employer solely for employees); or

(c) the service is a courtesy transport service or community transport service;

(a) a bus;

(b) a ferry;

(c) a taxi;

(d) a fixed track vehicle;

(e) an aircraft;

(f) a limousine;

(g) a booked hire vehicle;

(h) another vehicle used to provide a public passenger service;

(i) a vehicle classified by regulation as a public passenger vehicle.

(a) a railway;

(b) a train or other public passenger vehicle being operated by a railway manager or railway operator;

(c) a light rail;

(d) a light rail vehicle or other public passenger vehicle being operated by a light rail manager, or light rail operator, for a light rail;

(e) a bus or other motor vehicle being used for a general route service;

(f) a busway;

(g) busway transport infrastructure as defined under the Transport Infrastructure Act 1994 , schedule 6 ;

(h) a ferry being used for a general route service;

(i) a station, platform or other structure or place for the taking on and letting off of passengers of a vehicle mentioned in paragraph (b) , (d) , (e) or (h) , including the following—

(i) a railway station or platform;

(ii) a light rail station or platform;

(iii) facilities for passengers to interchange between the same or different modes of transport;

Examples—

• Cannon Hill bus interchange

• Roma Street busway/railway interchange

(iv) a bus station;

(v) a bus stop, including the area in the immediate vicinity of the bus stop;

(vi) a jetty or other structure at which a ferry makes a scheduled stop for a ferry service, and any associated structure;

(vii) landscaping associated with a station, platform or other structure or place;

(j) car parking and set down facilities for intending passengers of a vehicle mentioned in paragraph (b) , (d) , (e) or (h) , including the following—

(i) a car park under the control of a railway manager or railway operator;

(ii) a car park under the control of a light rail manager, or light rail operator;

(iii) a car park associated with a busway;

(k) any other structure or facilities for the use or convenience of passengers of a vehicle mentioned in paragraph (b) , (d) , (e) or (h) .

Examples of other structures or facilities—

overhead or underground walkways between railway platforms, footpaths, seating, ticketing machines, public toilets, signage

(a) all general route services;

(b) all public transport infrastructure associated with a general route service.

(a) for chapters 11 and 11A—a carpark or bus station under a railway manager’s control; and

(b) in relation to the transportation of dangerous goods by rail—a cableway.

(a) the Queensland Ambulance Service;

(b) the Queensland Fire and Rescue Service;

(c) the Queensland Police Service;

(d) the State Emergency Service;

(e) a service of another State, corresponding to a service mentioned in paragraphs (a) to (d) , if there is a dangerous goods authority for the State;

(f) a unit of the Australian Defence Force corresponding to a service mentioned in paragraphs (a) to (d) .

(a) for chapter 11 , part 4 —see section 126P ; or

(b) for chapter 11, part 4B or 4C, means—

(i) an offence against a relevant provision as defined in section 143AHA(4); or

(ii) an offence against section 143AC as in force before 9 March 2020.

(a) an imprisonment order; or

(b) the obligations or an order mentioned in the Working with Children (Risk Management and Screening) Act 2000 , section 18 (b) .

(a) for chapter 7 —see section 69 ; or

(b) for chapter 11 —see section 110 .

(a) an area of land dedicated to public use as a road; or

(b) an area that is open to or used by the public and is developed for, or has as 1 of its main uses, the driving or riding of motor vehicles; or

(c) a bridge, culvert, ferry, ford, tunnel or viaduct; or

(d) a pedestrian or bicycle path; or

(e) a part of an area, bridge, culvert, ferry, ford, tunnel, viaduct or path mentioned in paragraphs (a) to (d) .

(a) is not an air service; or

(b) is not a ferry service; or

(c) does not involve a rail vehicle.

(a) conducted on a route in accordance with a timetable for the service; or

(b) conducted on a route that forms a circle or loop (commonly called a ‘loop service’); or

(c) conducted on a continuous basis between 2 points (commonly called a ‘shuttle service’); or

(d) under which the vehicle used may, at the request of individual passengers, deviate from the usual route from time to time (commonly called a ‘route deviation service’); or

(e) under which the actual route to be traversed may vary within a corridor or zone at the request of individual passengers each time the service operates (commonly called a ‘dial and ride service’).

(a) a State school under the Education (General Provisions) Act 2006 ; or

(b) an accredited school under the Education (Accreditation of Non-State Schools) Act 2017 .

(a) facilities, including ticketing systems, network monitoring systems, communications equipment and timing systems;

(b) infrastructure, including tunnels, stations, parking facilities and passenger interchanges;

(c) goods or services related to something mentioned in paragraph (a) or (b) .

(a) an integrated mass transit service contract; or

(b) a prescribed school service contract.

(a) a motor vehicle stated in a taxi service licence; or

(b) a substitute vehicle for the licence.

(a) pack, load and unload the goods, and transfer them to or from a rail vehicle, for their transport; and

(b) mark packages, and unit loads, containing dangerous goods; and

(c) placard containers and rail vehicles in which dangerous goods are transported.

(a) for a rail vehicle—

(i) each contractual document directly or indirectly associated with—

(A) a transaction for the actual or proposed transport by rail of goods or any previous transport of the goods by any transport method; or

(B) goods, to the extent the document is relevant to the transaction for their actual or proposed transport by rail; or

(ii) each document—

(A) contemplated in a contractual document mentioned in subparagraph (i) ; or

(B) required by law, or customarily given, in connection with a contractual document or transaction mentioned in subparagraph (i) ;

Examples—

• a bill of lading

• a consignment note

• a container weight declaration

• a contract of carriage

• a delivery order

• an export receival advice

• an invoice

• a load manifest

• a sea carriage document

• a vendor declaration

• train wire

• sequential consist

• loading form

(b) for the transport of dangerous goods—documentation required to be kept under a dangerous goods regulation.

Example—

A unit of rolling stock includes a vehicle that operates on a railway and is used, or is proposed to be used, for either of the following purposes—

(a) transporting passengers or freight on a railway;

(b) maintenance work, or other work associated with, a railway.