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TRANSPORT AND OTHER LEGISLATION AMENDMENT ACT 2008 NO. 67


TABLE OF PROVISIONS

           Contents
           Part 1--Preliminary
   1.      Short title
   2.      Commencement
           Part 2--Amendment of Acts for purposes relating to dangerous goods
           Division 1--Amendment of Transport Infrastructure Act 1994
   3.      Act amended in div 1
   4.      Amendment of s 440 (Application of ch 14)
   5.      Amendment of s 442 (Regulations about dangerous goods)
   6.      Amendment of s 443 (Exemptions)
           7. Amendment of s 444 (Grounds for amending, suspending or cancelling approval or exemption)
   8.      Amendment of s 449 (Immediate suspension in the public interest)
   9.      Omission of s 450 (Goods too dangerous to be transported)
   10.     Amendment of s 451 (Duties when transporting dangerous goods)
   11.     Replacement of s 452 (Prohibition on involvement in the transportation of dangerous goods by rail)
   12.     Replacement of s 453 (Forfeiture on conviction)
   13.     Amendment of s 455 (Recovery of costs from convicted person)
   14.     Replacement of s 457 (Certificates and documents)
   15.     Insertion of new ch14, pt 7
   16.     Insertion of new s 476A
           17. Amendment of sch 6 (Dictionary)
           Division 2--Amendment of Transport Operations (Passenger Transport) Act 1994
   18.     Act amended in div 2
   19.     Amendment of s 112 (Identity cards)
   20.     Amendment of s 120 (Entry of place)
   21.     Amendment of s 121 (Warrants)
           22. Amendment of s 123 (Entry or boarding of vehicles)
   23.     Amendment of s 124 (General powers in relation to places and vehicles)
   24.     Amendment of s 126B (Tampering with seized things)
   25.     Insertion of new s 126GA
           26. Amendment of s 126H (Power to hold or stop and hold rail vehicle)
   27.     Insertion of new s 126HA
           28. Insertion of new s 126JA
           29. Amendment of s 126K (Power to give remedial action notices)
   30.     Insertion of new ss 126KA-126KC
           31. Replacement of s 126N (Power to give directions to deal with dangerous situation)
   32.     Insertion of new ch 11, pt 3C
   33.     Amendment of s 130 (False or misleading information)
   34.     Amendment of s 131 (False, misleading or incomplete documents)
   35.     Amendment of s 136 (Impersonating authorised person)
   36.     Replacement of s 153A (Evidentiary aids—belief of authorised person)
   37.     Insertion of ch 12, pt 1A
   38.     Amendment of sch 3 (Dictionary)
           Division 3--Amendment of Transport Operations (Road Use Management) Act 1995
   39.     Act amended in div 3
   40.     Amendment of s 17A (Definition)
           41. Amendment of s 18 (Grounds for amending, suspending or cancelling approvals)
   42.     Amendment of s 19 (Procedure for amending, suspending and cancelling approvals)
   43.     Insertion of new s 19C
           44. Amendment of s 26 (Entry to places)
   45.     Amendment of s 26A (Further power to enter place of business in relation to heavy vehicle)
   46.     Amendment of s 26B (Further power to enter place in relation to heavy vehicle if incident involving death, injury or damage)
   47.     Amendment of s 28 (Warrants to enter)
   48.     Amendment of ss 29A-29C
           49. Amendment of s 30 (General powers after entering places)
   50.     Amendment of s 30A (Further powers after entering place under s 26A or 26B)
           51. Amendment of s 32 (Power to stop prescribed heavy vehicles)
   52.     Amendment of s 33 (Requiring vehicle to be moved for exercising power)
   53.     Amendment of s 33A (Requiring heavy vehicle to be moved if causing harm or obstruction etc.)
   54.     Amendment of s 33B (Moving unattended heavy vehicle on road)
   55.     Amendment s 33C (Moving other stationary heavy vehicle if causing harm or obstruction etc.)
   56.     Insertion of new s 33D
           57. Amendment of s 35 (Power to enter vehicles etc. other than for vehicle inspection)
   58.     Amendment of s 35A (Further powers to inspect and search heavy vehicles)
   59.     Amendment of s 35B (Further powers to access stored information or to decide if anything found in a heavy vehicle may be seized)
   60.     Amendment of s 35C (Running or stopping heavy vehicle engine)
   61.     Amendment of s 38 (Power to prohibit persons driving)
   62.     Amendment of s 39 (Powers to enable effective and safe exercise of other powers)
   63.     Amendment of s 39C (Interfering with prescribed heavy vehicle equipment or load)
   64.     Amendment of new s 40A (Further powers to seize evidence in relation to heavy vehicle)
   65.     Amendment of s 45 (Access to seized things)
   66.     Amendment of ch 3, pt 3, div 3B, hdg (Embargo notice for evidence about heavy vehicle)
   67.     Amendment of s 46B (Embargo notice)
   68.     Amendment of s 48A (Further power to require personal details for exercising power in relation to heavy vehicle)
   69.     Amendment of s 49 (Power to require documents to be produced)
   70.     Insertion of new s 49A
           71. Amendment of s 50AB (Power to require help to find and access documents or information about heavy vehicle)
   72.     Omission of ch 3, pt 3, div 5 (Remedial action notices)
   73.     Omission of ch 3, pt 4A (Additional powers of authorised officers to prevent dangerous situation)
   74.     Amendment of s 51F (Reciprocal powers)
   75.     Amendment of s 52 (False or misleading statements)
   76.     Amendment of s 53 (False or misleading documents, generally)
   77.     Amendment of s 54 (Obstructing authorised officers or accredited persons)
   78.     Amendment of s 55 (Pretending to be an authorised officer or accredited person)
   79.     Amendment of s 60 (Evidentiary aids)
   80.     Amendment of s 61B (Transport and journey documentation)
   81.     Amendment of s 62 (Proceedings for offences)
   82.     Insertion of new ch 5A, pt 1, hdg
   83.     Amendment of s 151 (Application of ch 5A)
   84.     Insertion of new s 151A and pt 2, hdg
   85.     Replacement of s 152 (Regulations about dangerous goods)
   86.     Amendment of s 153 (Exemptions)
           87. Insertion of new ss 153A-153H and pt 4, hdg
   88.     Amendment of s 154 (Failure to hold licence etc.)
   89.     Omission of s 155 (Goods too dangerous to be transported)
   90.     Amendment of s 156 (Duties when transporting dangerous goods)
   91.     Amendment of s 157 (Additional evidentiary aids for transporting dangerous goods)
   92.     Insertion of new s 157A
           93. Amendment of s 158 (Recovery of costs from convicted person)
   94.     Amendment of section 159 (Recovery of costs of government action)
   95.     Amendment of s 160 (Prohibition from involvement in the transport of dangerous goods by road)
   96.     Amendment of s 161 (Forfeiting dangerous goods)
   97.     Replacement of s 162 (Helping in emergencies or accidents)
   98.     Insertion of new ch 5AB
   99.     Amendment of s 164A (Commercial benefits penalty order)
   100.    Amendment of s 167 (Protection from liability)
   101.    Amendment of s 168B (Giving evidence about heavy vehicle to external public authority)
   102.    Amendment of s 168C (Chief executive may give information to corresponding authority)
   103.    Amendment of s 168D (Contracting out in relation to heavy vehicles prohibited)
   104.    Amendment of ch 7, pt 11, hdg (Validating provisions)
   105.    Insertion of new ch 7, pt 13
   106.    Amendment of sch 3 (Reviewable decisions)
   107.    Amendment of sch 4 (Dictionary)
           Part 3--Amendment of Acts for purposes relating to general rail matters
           Division 1--Amendment of Anti-Discrimination Act 1991
   108.    Act amended in div 1
   109.    Amendment of s 106A (Compulsory retirement age under legislation etc.)
           Division 2--Amendment of Assisted Students (Enforcement of Obligations) Act 1951
   110.    Act amended in div 2
   111.    Amendment of s 2 (Meaning of terms)
           Division 3--Amendment of Criminal Code
   112.    Act amended in div 3
   113.    Amendment of s 1 (Definitions)
           Division 4--Amendment of Electrical Safety Act 2002
   114.    Act amended in div 4
   115.    Amendment of sch 2 (Dictionary)
           Division 5--Amendment of Electricity Act 1994
   116.    Act amended in div 5
   117.    Amendment of s 20Q (Exemptions for Queensland Rail)
           Division 6--Amendment of Freedom of Information Act 1992
   118.    Act amended in div 6
   119.    Amendment of sch 2 (Application of Act to GOCs)
           Division 7--Amendment of Integrated Planning Act 1997
   120.    Act amended in div 7
   121.    Amendment of sch 9 (Development that is exempt from assessment against a planning scheme)
           Division 8--Amendment of Judicial Review Act 1991
   122.    Act amended in div 8
   123.    Amendment of sch 6 (Application of Act to GOCs)
           Division 9--Amendment of Metropolitan Water Supply and Sewerage Act 1909
   124.    Act amended in div 9
   125.    Amendment of s 31 (Interference with railway works)
           Division 10--Amendment of Mineral Resources Act 1989
   126.    Act amended in div 10
   127.    Amendment of s 404A (Distance of excavation from railway works)
   128.    Amendment of schedule (Dictionary)
           Division 11--Amendment of South Bank Corporation Act 1989
   129.    Act amended in div 11
   130.    Amendment of s 17 (Vesting of public lands other than roads)
   131.    Replacement of s 38 (Continuance of railway operations)
           Division 12--Amendment of Transport Infrastructure Act 1994
   132.    Act amended in div 12
   133.    Amendment of s 20 (Transport GOCs)
   134.    Amendment of s 240 (Sublease of land to railway managers)
   135.    Insertion of new s 240AA
           136. Amendment of s 240A (Registered interests in rail corridor land)
   137.    Amendment of s 240B (Unregistered rights in rail corridor land)
   138.    Amendment of s 240F (Cancellation of right of access)
   139.    Amendment of s 241 (Railway tunnel easements)
   140.    Replacement of s 248 (Queensland Rail not a common carrier)
   141.    Amendment of s 260 (Works for existing railways)
   142.    Replacement of s 260A (Transfer of obligations for existing railway to new railway manager)
   143.    Amendment of ch 13, hdg (Function of Queensland Rail)
   144.    Amendment of s 438 (Function)
           145. Amendment of ch 18, hdg (Further transitional provisions)
   146.    Insertion of new ch 18, pt 10
   147.    Amendment of sch 6 (Dictionary)
           Division 13--Amendment of Transport Operations (Passenger Transport) Act 1994
   148.    Act amended in div 13
   149.    Amendment of s 111 (Appointment of authorised persons etc.)
           Division 14--Amendment of Transport (South Bank Corporation Area Land) Act 1999
   150.    Act amended in div 14
   151.    Amendment of s 13 (Exemption from fees and charges)
           Division 15--Amendment of Valuation of Land Act 1944
   152.    Act amended in div 15
   153.    Amendment of s 14 (Deciding unimproved value of certain land)
           Part 4--Amendment of Acts for purposes relating to heavy vehicle reform
           Division 1--Amendment of Transport Legislation Amendment Act 2007
   154.    Act amended in div 1
   155.    Amendment of s 70 (Amendment of s 163 (Forfeiture on conviction))
           Division 2--Amendment of Transport Operations (Road Use Management) Act 1995 to commence on assent
   156.    Act amended in div 2
   157.    Amendment of s 18 (Grounds for amending, suspending or cancelling approvals)
   158.    Insertion of new s 19B
           159. Amendment of s 39J (Meaning of fatigue regulated heavy vehicle)
   160.    Amendment of s 39K (Requiring person to rest for contravention of maximum work requirement)
   161.    Amendment of s 39L (Requiring person to rest for contravention of minimum rest requirement)
   162.    Amendment of s 57AB (Definitions for sdiv 2)
   163.    Insertion of new ss 61H-61J
           164. Amendment of ch 6, pt 2, hdg
   165.    Insertion of new s 163E
           166. Amendment of s 168A (Effect of corresponding administrative action or corresponding order in relation to heavy vehicle)
   167.    Insertion of new s 168AA
           168. Amendment of sch 3 (Reviewable decisions)
   169.    Amendment of sch 4 (Dictionary)
           Division 3--Amendment of Transport Operations (Road Use Management) Act 1995 to commence by proclamation
   170.    Act amended in div 3
   171.    Amendment of s 57B (Further liability provisions for extended liability offences)
   172.    Amendment of s 57G (Reliance on container weight declaration)
   173.    Insertion of new ch 3, pt 5, div 1, sdiv 4
   174.    Amendment of s 150C (Proceedings for particular offences involving requirements about fatigue regulated heavy vehicles)
   175.    Amendment of s 162D (Offence)
           176. Amendment of ch 5B, hdg (Severe risk breach of mass, dimension or loading requirement for heavy vehicle)
   177.    Insertion of new ch 5B, pt 1, pt 2 and pt 3, hdg
   178.    Amendment of s 162A (Severe risk breach of mass requirement)
   179.    Amendment of s 162B (Severe risk breach of dimension requirement)
   180.    Amendment of s 162C (Severe risk breach of loading requirement)
   181.    Insertion of new ch 5B, pt 4
   182.    Amendment of s 163A (Noncompliance with mass, dimension or loading concession)
   183.    Amendment of schedule 4 (Dictionary)
           Part 5--Amendment of Acts for purposes relating to open roads
           Division 1--Amendment of Transport Operations (Road Use Management) Act 1995
   184.    Act amended by div 1
   185.    Amendment of ch 3, pt 4C, hdg (Chief executive's powers for vehicles)
   186.    Renumbering of ch 3, pt 4C, divs 1 and 2
   187.    Insertion of new ch 3, pt 4C, div 1
   188.    Amendment of ch 3, pt 4C, div 2, heading
   189.    Amendment of s 51G (Moving abandoned, or otherwise stationary, vehicle on prescribed road)
   190.    Amendment of ch 3, pt 4C, div 3 (Recovering moving expenses)
   191.    Amendment and omission of s 51H (Definition for div 2)
   192.    Amendment of s 51I (Recovering moving expenses)
   193.    Amendment of s 51J (Notice to owner)
   194.    Amendment of s 51K (Releasing removed vehicle)
   195.    Amendment of s 51L (Disposing of removed vehicle)
   196.    Insertion of new s 51M
           197. Insertion of new ch 3, pt 4C, div 4
   198.    Amendment of s 100 (Removal of things from roads)
   199.    Amendment of sch 4 (Dictionary)
           Division 2--Amendment of Police Powers and Responsibilities Act 2000
   200.    Act amended in div 2
   201.    Replacement of ch 5, hdg (Vehicle removal powers generally)
   202.    Replacement of ch 5, pt 1, hdg (Seizing or moving vehicles)
   203.    Insertion of new s 124AA
   204.    Amendment of s 124 (Removal of vehicles from roads and other places)
   205.    Amendment of s 125 (Prescribed circumstances for s 124)
           206. Amendment of ch 5, pt 2, hdg (Other provisions about seizure)
   207.    Insertion of new s 125A
           208. Amendment of s 126 (Steps after seizing vehicle)
   209.    Amendment of s 127 (Recovery of seized vehicle)
   210.    Amendment of s 128 (Application of proceeds of sale)
   211.    Insertion of new ss 128A and 128B
           212. Amendment of s 129 (Police officer may authorise tow after seizure under any Act)
   213.    Amendment of sch 6 (Dictionary)
           Part 6--Amendment of Acts for purposes relating to transit officers
           Division 1--Amendment of Transport Operations (Passenger Transport) Act 1994
   214.    Act amended in div 1
   215.    Amendment of s 2 (Objectives of Act)
   216.    Insertion of new ch 11, pt 2, div 1, hdg and ch 11, pt 2, div 1, sdiv 1, hdg
   217.    Amendment of s 111 (Appointment of authorised persons etc.)
   218.    Insertion of new ss 111A and 111B, ch 11, pt 2, div 1, sdivs 2 and 3 and ch 11, pt 2, div 2, hdg
   219.    Amendment of s 112 (Identity cards)
   220.    Insertion of new ss 113A and 113B and ch 11, pt 2, divs 3-5 and div 6, hdg
   221.    Amendment of s 115 (Protection from liability)
   222.    Insertion of new ch 11, pt 2A
   223.    Insertion of new ch 11, pts 4A and 4B
   224.    Amendment of s 143AE (Interfering with service, vehicle or equipment)
   225.    Amendment of s 143AF (Creating disturbance or nuisance on railway or vehicle)
   226.    Amendment of s 143AHA (Power to require person to leave train etc.)
   227.    Insertion of new s 143AHB
           228. Amendment of ch 13, pt 5, hdg (Provision for Transport Operations (Translink Transit Authority) Act 2008)
   229.    Amendment of s 180 (Existing declarations under s 42(2) for a scheduled passenger service)
   230.    Insertion of new ch 13, pt 7
   231.    Amendment of sch 3 (Dictionary)
           Division 2--Amendments of other Acts
           Subdivision 1--Amendment of Criminal Code
   232.    Act amended in sdiv 1
   233.    Amendment of s 340 (Serious assaults)
           Subdivision 2--Amendment of Police Powers and Responsibilities Act 2000
   234.    Act amended in sdiv 2
   235.    Amendment of s 393 (Duty of police officer after arrest etc. of person)
           Subdivision 3--Amendment of Security Providers Act 1993
   236.    Act amended in sdiv 3
   237.    Amendment of s 4 (Who is a security provider)
           Part 7--Amendment of Acts for purposes relating to maritime matters
           Division 1--Amendment of Transport Operations (Marine Pollution) Act 1995
   238.    Act amended in div 1
   239.    Amendment of s 6 (Meaning of MARPOL)
   240.    Replacement of s 38 (Certain noxious liquid substances to be treated as oil)
   241.    Amendment of s 45 (Definitions for pt 7)
   242.    Amendment of s 48A (Ship with fixed toilet operating in prescribed nil discharge waters to be able to hold or treat sewage)
   243.    Insertion of new s 50A
           244. Insertion of new s 55AA
           245. Insertion of new ss 117GA-117GC
           246. Insertion of new s 132G
           247. Insertion of new pt 17, div 4
   248.    Amendment of schedule (Dictionary)
           Division 2--Amendment of Transport Operations (Marine Safety) Act 1994
   249.    Act amended in div 2
   250.    Insertion of new s 167A
   251.    Insertion of new ss 183GA-183GC
           252. Amendment of s 200 (Special provision for service of documents)
   253.    Amendment of schedule (Dictionary)
           Part 8--Amendment of Acts relating to transport corridor protection
           Division 1--Amendment of Transport Planning and Coordination Act 1994
   254.    Act amended in div 1
   255.    Amendment of s 8D (Impact of change of management of local government road on public passenger transport)
   256.    Amendment of s 8E (Guidelines for pt 2A)
           Division 2--Amendment of Transport Operations (Road Use Management) Act 1995
   257.    Act amended in div 2
   258.    Amendment of s 66 (Local laws etc.)
   259.    Amendment of s 69 (Local government may install or remove official traffic signs)
           Part 9--Amendment of the Transport Infrastructure Act 1994 for purposes relating to rapid public transport systems
   260.    Act amended in pt 9
   261.    Amendment of s 2 (Objectives of this Act)
   262.    Insertion of new s 303AA
   263.    Replacement of ch 9, pt 4, div 5 (Use of busway land)
   264.    Insertion of new ch 9, pt 4A
   265.    Insertion of new s 360A
           266. Replacement of ch 10, pt 4, div 4 (Use of light rail land)
   267.    Amendment of sch 1 (Subject matter for regulations)
   268.    Amendment of sch 3 (Reviews and appeals)
   269.    Amendment of sch 6 (Dictionary)
           Part 10--Amendment of Transport Planning and Coordination Act 1994
   270.    Act amended in pt 10
   271.    Amendment of s 8A (Object of pt 2A)
   272.    Amendment of s 8B (Impact of particular development on public passenger transport)
           Part 11--Amendment of Transport Acts for various purposes
           Division 1--Amendment of Tow Truck Act 1973
   273.    Act amended in div 1
   274.    Amendment of s 4C (Who is an appropriate person)
   275.    Amendment of s 6 (Application for licence)
   276.    Amendment of s 9 (Renewal of licence)
   277.    Amendment of s 14 (Application for driver's or assistant's certificate)
   278.    Amendment of s 17 (Duration and renewal of driver's or assistant's certificate)
   279.    Amendment of s 21A (Cancellation or suspension of authorities)
   280.    Replacement of s 36 (Chief executive's notification to commissioner of the police service about a person)
   281.    Amendment of s 36A (Notice of change in police information about a person)
   282.    Amendment of s 41 (Offences by body corporate)
   283.    Amendment of sch 2 (Dictionary)
           Division 2--Amendment of Transport Infrastructure Act 1994
   284.    Act amended in div 2
   285.    Amendment of s 46 (Temporary restrictions on use of State-controlled roads)
   286.    Amendment of s 178 (Power to enter places)
   287.    Amendment of s 267A (Meaning of port facilities)
   288.    Amendment of s 276 (Port services function)
   289.    Amendment of s 285 (Land use plans)
   290.    Amendment of s 288 (Restrictions on dealing in property)
   291.    Amendment of sch 6 (Dictionary)
           Division 3--Amendment of Transport Operations (Road Use Management) Act 1995
   292.    Act amended in div 3
   293.    Amendment of s 17B (Granting, renewing or refusing approval)
   294.    Amendment of s 17C (Chief executive may obtain information from commissioner)
   295.    Amendment of s 17D (Notice of change in police information about a person)
   296.    Amendment of s 18 (Grounds for amending, suspending or cancelling approvals)
           Part 12--Amendment of other Acts for various purposes
           Division 1--Amendment of Anzac Day Act 1995
   297.    Act amended in div 1
   298.    Amendment of s 22 (Terms of appointment)
           Division 2--Amendment of Building and Construction Industry (Portable Long Service Leave) Act 1991
   299.    Act amended in div 2
   300.    Amendment of s 59 (Amount of long service leave payment)
   301.    Insertion of new s 59A
           302. Amendment of s 62 (Payments to employers)
   303.    Insertion of new s 62AA
           304. Insertion of new pt 11, div 5
   305.    Amendment of schedule (Dictionary)
           Division 3--Amendment of Dangerous Goods Safety Management Act 2001
   306.    Act amended in div 3
   307.    Amendment of sch 2 (Dictionary)
           Division 4--Amendment of Fire and Rescue Service Act 1990
   308.    Act amended in div 4
   309.    Amendment of sch 6 (Dictionary)
           Division 5--Amendment of Workers' Compensation and Rehabilitation Act 2003
   310.    Act amended in div 5
   311.    Amendment of s 136 (Worker must notify return to work or engagement in a calling)
   312.    Amendment of s 586 (Approval of forms)
   313.    Insertion of new ch 22
           
           


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