1 Short title

This Act may be cited as the Transport and Other Legislation (Road Safety, Technology and Other Matters) Amendment Act 2020.

2 Commencement

(1) The following provisions commence on a day to be fixed by proclamation—

(a) part 10, division 3;

(b) sections 53 to 60 and section 62, to the extent it inserts definition "video".

(2) Part 10, division 2, other than section 45 (2), commences on the later of the following—

(a) the date of assent of this Act;

(b) the commencement of the Road Vehicle Standards Act 2018 (Cwlth), section 15.

(3) Schedule 1, part 2 commences on the later of the following—

(a) the date of assent of this Act;

(b) immediately after the commencement of the Personalised Transport Ombudsman Act 2019, section 135 (2) to the extent it inserts definition "driver authorisation".

3 Act amended

This part amends the Gaming Machine Act 1991.

4 Amendment of s 257 (Seizure of document wrongly used as evidence of age)

Section 257 —

insert—

(3) Subsection (1) does not require a person to seize or confiscate a document stored or displayed on a digital device if—

(a) the device is used in the contravention of section 255; and

(b) in contravening the section a person produced the device to display the following things, or an image or other design purporting to be the thing—

(i) a digital authority;

(ii) a digital evidence of age;

(iii) a digital evidence of identity.

5 Amendment of s 258 (Ascertainment of age)

Section 258 (1) —

insert—

6 Amendment of s 259 (Seizure of material associated with representation of age)

Section 259 —

insert—

(2) Nothing in this section authorises an inspector to seize and confiscate a digital device if—

(a) the inspector reasonably believes or suspects the device was used in the commission of the offence mentioned in section 255(2)(a) or (b) or 256(1) or (2); and

(b) in committing the offence the person used the device to display the following things, or an image or other design purporting to be the thing—

(i) a digital authority;

(ii) a digital evidence of age;

(iii) a digital evidence of identity.

7 Amendment of s 329 (General powers of inspectors)

Section 329 —

insert—

(13) Nothing in this section authorises an inspector to seize and confiscate a digital device if—

(a) the inspector reasonably believes a person has committed an offence mentioned in section 255 or 256; and

(b) in committing the offence the person used the device to display the following things, or an image or other design purporting to be the thing—

(i) a digital authority;

(ii) a digital evidence of age;

(iii) a digital evidence of identity.

8 Amendment of sch 2 (Dictionary)

Schedule 2 —

insert—

"digital authority" see the Transport Planning and Coordination Act 1994, section 29AC.

"digital device" see the Transport Planning and Coordination Act 1994, section 29AB.

"digital evidence of age" see the Transport Planning and Coordination Act 1994, section 29AD.

"digital evidence of identity" see the Transport Planning and Coordination Act 1994, section 29AE.

9 Act amended

This part amends the Keno Act 1996.

10 Amendment of s 166 (Allowing minors to take part in keno gaming)

Section 166 (2) —

insert—

11 Amendment of s 184 (Seizing evidence at keno gaming places)

Section 184 —

insert—

(2) Nothing in this section authorises an inspector to seize a digital device if—

(a) the offence is an offence mentioned in section 166(3); and

(b) in committing the offence a person used the device to display the following things, or an image or other design purporting to be the thing—

(i) a digital authority;

(ii) a digital evidence of age;

(iii) a digital evidence of identity.

(3) In this section—

"digital authority" see the Transport Planning and Coordination Act 1994, section 29AC.

"digital device" see the Transport Planning and Coordination Act 1994, section 29AB.

"digital evidence of age" see the Transport Planning and Coordination Act 1994, section 29AD.

"digital evidence of identity" see the Transport Planning and Coordination Act 1994, section 29AE.

12 Act amended

This part amends the Liquor Act 1992.

13 Amendment of s 4 (Definitions)

Section 4 —

insert—

"digital authority" see the Transport Planning and Coordination Act 1994, section 29AC.

"digital device" see the Transport Planning and Coordination Act 1994, section 29AB.

"digital evidence of age" see the Transport Planning and Coordination Act 1994, section 29AD.

"digital evidence of identity" see the Transport Planning and Coordination Act 1994, section 29AE.

14 Amendment of s 6 (Acceptable evidence of age)

Section 6 —

insert—

(1A) Also, for this Act, acceptable evidence of the age of a person is—

(a) a digital authority that complies with subsection (1)(c) and (d); or

(b) a digital evidence of age; or

(c) a digital evidence of identity.

15 Amendment of s 160 (Seizure of document wrongly used as evidence of age)

Section 160 —

insert—

(3) Nothing in this section authorises a person to seize and confiscate a digital device if—

(a) the device is used in the contravention of section 158; and

(b) in contravening the section a person used the device to display the following things, or an image or other design purporting to be the thing—

(i) a digital authority;

(ii) a digital evidence of age;

(iii) a digital evidence of identity.

16 Amendment of s 165A (Refusing entry to premises)

Section 165A (1) (d) (i) —

insert—

17 Amendment of s 167 (Ascertainment of age)

Section 167 (1) —

insert —

18 Amendment of s 173EE (Definitions for pt 6AA)

Section 173EE, definition "ID scanner" —

omit, insert—

"ID scanner" means a device capable of interpreting a photo ID and processing the information—

(a) contained in or on the photo ID; or

(b) if the photo ID is displayed on a digital device—accessed by using the digital device to display the photo ID.

19 Amendment of s 173EH (Scanning obligations of licensees for regulated premises)

Section 173EH (6) (a) —

omit, insert—

(a) records the photo and other permitted information—

(i) contained in or on the photo ID; or

(ii) if the photo ID is displayed on a digital device—accessed by using the digital device to display the photo ID.

20 Amendment of s 177 (Entry and search—evidence of offences)

(1) Section 177 —insert—

(4A) Nothing in this section authorises an investigator to seize a digital device if—

(a) the offence is an offence mentioned in section 158 or 159; and

(b) in committing the offence a person used the device to store or display the following things, or an image or other design purporting to be the thing—

(i) a digital authority;

(ii) a digital evidence of age;

(iii) a digital evidence of identity.

(2) Section 177 (4A) and (5) —renumber as section 177 (5) and (6).

21 Amendment of s 182 (Requirement to give name, address and age)

Section 182 (1) —

insert—

22 Amendment of s 186 (Seizure of material associated with representation of age)

Section 186 —

insert—

(2) Nothing in this section authorises an investigator to seize and confiscate a digital device if—

(a) the investigator reasonably believes the device was used in the commission of the offence; and

(b) that device was used to store or display the following things, or an image or other design purporting to be the thing—

(i) a digital authority;

(ii) a digital evidence of age;

(iii) a digital evidence of identity.

23 Act amended

This part amends the Photo Identification Card Act 2008.

24 Amendment of s 32 (Chief executive may publish a notice about applications or notifications)

Section 32 —

insert—

(5) In this section—

"department’s website" means a website, or part of a website—

(a) administered by the department; and

(b) with a URL that contains qld.gov.au.

25 Amendment of s 47A (Keeping and using information obtained or kept under this Act or particular transport Acts)

Section 47A (6) (f) —

omit, insert—

(f) the Transport Planning and Coordination Act 1994;

(g) the Transport Security (Counter-Terrorism) Act 2008.

26 Act amended

This part amends the Summary Offences Act 2005.

27 Amendment of s 23B (Sale of spray paint to minors)

(1) Section 23B (5), definition "acceptable evidence of age" —omit.

(2) Section 23B (5) —insert—

"acceptable evidence of age", for a person, means—

(a) a document that—

(i) is a driver licence, proof of age card or an Australian or foreign passport; and

(ii) bears a photograph of the person; and

(iii) indicates by reference to the person’s date of birth or otherwise that the person has attained a particular age; or

(b) a digital authority that complies with paragraph (a)(ii) and (iii); or

(c) a digital evidence of age; or

(d) a digital evidence of identity.

"digital authority" see the Transport Planning and Coordination Act 1994, section 29AC.

"digital evidence of age" see the Transport Planning and Coordination Act 1994, section 29AD.

"digital evidence of identity" see the Transport Planning and Coordination Act 1994, section 29AE.

28 Act amended

This part amends the Tobacco and Other Smoking Products Act 1998.

29 Amendment of s 38 (Power to require name and address)

Section 38 (4) —

insert—

30 Amendment of s 39 (Power to require evidence of age, name and address of person observed being supplied a smoking product)

Section 39 (4) —

insert—

31 Insertion of new s 40AC

After section 40AB —

insert—

40AC Restriction of seizure powers

(1) Nothing in this division authorises an authorised person to seize a digital device if—

(a) the authorised person reasonably believes the device is, or contains, evidence of an offence against this Act; and

(b) in committing the offence a person used the device to store or display the following things, or an image or other design purporting to be the thing—

(i) a digital authority;

(ii) a digital evidence of age;

(iii) a digital evidence of identity.

(2) In this section—

"digital authority" see the Transport Planning and Coordination Act 1994, section 29AC.

"digital device" see the Transport Planning and Coordination Act 1994, section 29AB.

"digital evidence of age" see the Transport Planning and Coordination Act 1994, section 29AD.

"digital evidence of identity" see the Transport Planning and Coordination Act 1994, section 29AE.

32 Act amended

This part amends the Transport Infrastructure Act 1994.

33 Amendment of s 35 (Temporary occupation and use of land)

(1) Section 35 (1), ‘or accommodation works’—omit, insert—, accommodation works or land management activities

(2) Section 35 —insert—

(4) In this section—

"land management activity" means an activity, other than accommodation works or road works, relating to road transport infrastructure or proposed road transport infrastructure.
[Note: Examples of a land management activity—surveying flora, managing weeds or other pests, clearing vegetation, monitoring air or water quality or noise levels]

34 Amendment of s 36 (Notice of entry or permission to enter)

(1) Section 36 (2) (a), ‘and any accommodation works’—omit, insert—, accommodation works or land management activities

(2) Section 36 (2) (e) and (4), after ‘accommodation works’—insert—or land management activities

(3) Section 36 (5), after ‘road works’—insert—, accommodation works or land management activities

(4) Section 36 —insert—

(7) In this section—

"land management activity" see section 35(4).

35 Amendment of s 240 (Sublease of land to railway managers)

(1) Section 240 (2) —omit, insert—

(2) If the acquired land mentioned in subsection (1)(a) becomes unallocated State land—

(a) the Minister administering the Land Act 1994 must lease the land to the State under section 17(3) of that Act; and

(b) despite section 372(7)(a) of that Act, any public utility easement over the acquired land continues in the perpetual lease and the sublease mentioned in subsection (4); and

(c) despite section 331(2) of that Act, the chief executive may continue a stated registered interest in the acquired land in the perpetual lease and sublease on the same terms as an interest in the acquired land, with the railway manager as sublessee substituted for the owner of the acquired land as a party to the interest.

(2) Section 240 (7C) (b) —omit, insert—

(b) despite the Land Act 1994, section 372(5), any public utility easement over the freehold land continues in the rail transport corridor; and

(c) despite section 331(2) of that Act, the chief executive may continue a stated registered interest in the freehold land in the perpetual lease and sublease on the same terms as an interest in the freehold land, with the railway manager as sublessee substituted for the owner of the acquired land as a party to the interest.

(3) Section 240 —insert—

(7D) The chief executive must give to the holder of an interest in the acquired land extinguished under the Land Act 1994, section 331(2) a written notice stating—

(a) that the holder’s interest is extinguished; and

(b) the date the interest is extinguished; and

(c) that the holder has the right to compensation under section 240AAA.

(4) Section 240 (9) —insert—

"registered interest" means—

(a) an interest recorded in a register kept under the Land Act 1994, section 276; or

(b) a registered interest under the Land Title Act 1994.

(5) Section 240 (9), definition perpetual lease, ‘ subsection (2) ’—omit, insert—subsection (3)

36 Insertion of new s 240AAA

After section 240 —

insert—

240AAA Compensation for registered interests not continued

(1) A person who is given a written notice under section 240(7D) has a right to claim compensation under the Acquisition of Land Act 1967, section 12(5A) and (5B) and part 4 as if the interest were land taken by the State under that Act.

(2) For applying the Acquisition of Land Act 1967 under subsection (1)—

(a) the State is the constructing authority; and

(b) for section 24(2A) of that Act, a claimant refers a claim for compensation to the Land Court by filing in the office of the registrar of the court a copy of—

(i) the claim given by the claimant to the State; and

(ii) the registration confirmation statement evidencing that the interest is extinguished; and

(c) the reference in section 24(5) of that Act to the date of the gazette containing the gazette resumption notice taking the land is taken to be a reference to the date the interest was extinguished.

(3) Other than as stated in this section, a person has no right to compensation for the inclusion of land in the perpetual lease under section 240.

(4) In this section—

"registration confirmation statement", for land, means a document issued by the registrar under the Land Title Act 1994 showing all registered interests under that Act in the land.

37 Amendment of s 302 (Declaration of land as busway land)

Section 302 —

insert—

(1A) The Minister may, in a declaration under subsection (1), declare that a stated interest in land declared to be busway land continues in relation to the lease of the land to the State under section 303(4).

38 Amendment of s 303 (Effect on land of busway declaration)

(1) Section 303 —insert—

(2B) Subsection (2C) applies to the following that is declared under section 302(1) to be busway land—

(a) unallocated State land;

(b) road or land that becomes unallocated State land under subsection (1), (2) or (2A).

(2C) The unallocated State land is free of any interest or obligation other than the interests in the land, if any, continued under section 302(1A).

(2D) The chief executive must give to the holder of an interest in the unallocated State land not continued under section 302(1A) a written notice stating—

(a) that the holder’s interest is extinguished; and

(b) the date the interest is extinguished; and

(c) that the holder has the right to compensation under section 303AAA.

(2) Section 303 (4) and (5) —omit, insert—

(4) When land is declared to be busway land under section 302(1), the Minister of the department administering the Land Act 1994 —

(a) is taken to have leased, under section 17(3) of that Act, the busway land to the State; and

(b) must lodge a document evidencing the lease in the leasehold land register.

(5) The lease is—

(a) in perpetuity; and

(b) if demanded, for a rent of $1 a year; and

(c) subject to the interests in the busway land, if any, continued under section 302(1A) in relation to the lease.

(3) Section 303 —insert—

(7) If a registered interest is continued under section 302(1A) in relation to the lease, the registrar of titles must record the interest in the leasehold land register against the lease.

(8) In this section—

"registered interest" means—

(a) an interest recorded in a register kept under the Land Act 1994, section 276; or

(b) a registered interest under the Land Title Act 1994.

39 Insertion of new s 303AAA

After section 303 —

insert—

303AAA Compensation for registered interests not continued

(1) A person who is given a written notice under section 303(2D) has a right to claim compensation under the Acquisition of Land Act 1967, section 12(5A) and (5B) and part 4 as if the interest were land taken by the State under that Act.

(2) For applying the Acquisition of Land Act 1967 under subsection (1)—

(a) the State is the constructing authority; and

(b) for section 24(2A) of that Act, a claimant refers a claim for compensation to the Land Court by filing in the office of the registrar of the court a copy of—

(i) the claim given by the claimant to the State; and

(ii) the gazette notice for the declaration; and

(c) the reference in section 24(5) of that Act to the date of the gazette containing the gazette resumption notice taking the land is taken to be a reference to the date of the gazette containing the gazette notice for the declaration.

(3) Other than as stated in this section, a person has no right to compensation for the declaration of land as busway land under section 302(1).

(4) In this section—

"registered interest" see section 303(8).

40 Act amended

This part amends the Transport Legislation (Road Safety and Other Matters) Amendment Act 2019.

41 Amendment of s 94 (Replacement of s 91M (Interlock period))

(1) Section 94, inserted section 91M (4) (a), ‘a person’s’—omit, insert—the person’s

(2) Section 94, inserted section 91M (4) (a) and (b) —renumber as section 91M (4) (b) and (c).

(3) Section 94, inserted section 91M (4) —insert—

(a) section 91F applies to a person mentioned in section 91J(1) or (3); and

42 Replacement of s 96 (Amendment of s 91P (Applying for interlock exemption))

Section 96 —

omit, insert—

96 Amendment of s 91P (Applying for interlock exemption)

(1) Section 91P(2), from ‘sooner’—omit, insert —sooner than—

(a) 6 weeks before the end of the person’s disqualification period; or

(b) if the person is the subject of an order under section 87 in relation to the disqualification—the day the order is made.

(2) Section 91P(3), ‘section 91J(2)’—omit, insert—section 91J(3)

47 Act amended

This part amends the Transport Operations (Road Use Management) Act 1995.

48 Amendment of s 40 (Power to seize evidence)

Section 40 —

insert—

(5) Subject to subsection (2), nothing in this section authorises an authorised officer to seize a digital device if—

(a) the officer reasonably believes a person has committed an offence under section 53(2) or 126(1); and

(b) in committing the offence a person used the device to store or display the following things, or an image or other design purporting to be the thing—

(i) a digital authority;

(ii) a digital evidence of age;

(iii) a digital evidence of identity.

49 Amendment of s 40A (Further powers to seize evidence in relation to particular vehicles)

Section 40A —

insert—

(3A) Nothing in this section authorises an authorised officer to seize a digital device if—

(a) the officer reasonably believes a person has committed an offence under section 53(2) or 126(1); and

(b) in committing the offence a person used the device to store or display the following things, or an image or other design purporting to be the thing—

(i) a digital authority;

(ii) a digital evidence of age;

(iii) a digital evidence of identity.

50 Amendment of s 48 (Power to require name and address)

Section 48 (4) —

insert—

51 Amendment of s 48A (Further power to require personal details for exercising power in relation to transport of dangerous goods)

Section 48A (4) —

insert—

52 Amendment of s 80 (Breath and saliva tests, and analysis and laboratory tests)

(1) Section 80 (10EA) (c) —omit, insert—

(c) a notice about the analysis is retained by, or given to, the police officer as mentioned in subsection (15AB)(b)(i) and (ii).

(2) Section 80 (15AB) (a) and (b) —omit, insert—

(a) enter details in a notice, in the approved form, about the analysis; and

(b) either—

(i) if the specimen was analysed by the police officer who made the requisition—retain 1 copy of the notice; or

(ii) otherwise—give 1 copy of the notice to the police officer who made the requisition; and

(c) give a copy of the notice to the person whose saliva has been analysed (or, at the person’s request, to another person on the person’s behalf).

(3) Section 80 (15AC), ‘ subsection (15AB) (b) (ii) ’—omit, insert—subsection (15AB)(c)

(4) Section 80 (16) (b), from ‘a notice’ to ‘(15AB)(b)(i)’—omit, insert—a notice is retained by, or given to a police officer as mentioned in subsection (15AB)(b)(i) and (ii)

53 Amendment of s 84A (Driving of motor vehicles carrying placard loads in tunnels)

(1) Section 84A (3) (c) and (5), ‘image taken’—omit, insert—image or video made

(2) Section 84A (4), after ‘image’—insert—or video

54 Amendment of s 113A (Photographic detection device defined)

(1) Section 113A (1), ‘captures an image’—omit, insert—makes an image or video

(2) Section 113A —insert—

(4) A regulation approving a type of device or system for subsection (1) may provide information about—

(a) how an image or video made by the device or system is accepted as having detected a prescribed offence; or

(b) how the device or system provides for the deletion of—

(i) an image or video that does not detect a prescribed offence; and

(ii) any data or information related to that image or video or to the making of that image or video.

55 Amendment of s 116 (Notice accompanying summons)

Section 116 (1) (c) —

omit, insert—

(c) the right to examine an image or video related to the offence under section 118, and the right to challenge or raise particular matters about the offence as mentioned in section 120(7) or (7A).

56 Amendment of s 118 (Photographic evidence—inspection)

(1) Section 118, heading, after ‘Photographic’—insert—or video

(2) Section 118 (1) and (2), ‘image from’—omit, insert—image or video made by

57 Amendment of s 120 (Evidentiary provisions)

(1) Section 120 (2) —omit, insert—

(2) An image or video produced by the prosecution, complying with subsection (2AA), purporting to be an image or video that was properly made by a photographic detection device of a matter happening at a specified location and time is evidence of the following matters—

(a) the image or video was made of a matter happening at the specified location and time;

(b) the accuracy of the image or video;

(c) the things depicted in the image or video;

(d) any requirements prescribed by regulation about the operation and testing of a photographic detection device were complied with for the specified device at all material times.

(2AA) An image or video mentioned in subsection (2) must include a certification, or be accompanied by a certificate, signed by an official stating that the image or video was properly made by a photographic detection device of a matter happening at a specified location and time.

(2) Section 120 (3) and (4), after ‘image’—insert—or video

(3) Section 120 (3), after ‘images’—insert—or videos

(4) Section 120 (3) (b), ‘taken’—omit, insert—made

(5) Section 120 (4), ‘on’—omit, insert—associated with

(6) Section 120 (7) (b), ‘image from’—omit, insert—image or video made by

(7) Section 120 (7) (c), ‘on an image’—omit, insert—associated with an image or video

(8) Section 120 (7) —insert—

(e) a matter mentioned in section 120D(2)(a), (b) or (c); or

(f) a matter mentioned in section 120E(2); or

(g) the accuracy of a matter stated in a report produced by the prosecution under section 120F;

(9) Section 120 —insert—

(7A) Also, a defendant who intends, at the hearing of a charge against the defendant under this Act, to raise a matter, prescribed by regulation, relating to an exception, exemption or defence under this Act for a camera-detected offence must give written notice of the matter to the prosecution.

(10) Section 120 (8), ‘The notice’—omit, insert—A notice under subsection (7) or (7A)

(11) Section 120 (8) (b), from ‘ subsection (7) (a) ’ to ‘ subsection (7) (d) ’—omit, insert—subsection (7) or raise a matter mentioned in subsection (7A)

(12) Section 120 (9), definition "on" —omit.

(13) Section 120 (9) —insert—

"associated with", in relation to a marking or writing, means—

(a) for an image—on, adjacent to, or otherwise associated with the image; or

(b) for a video—in or otherwise associated with the video.

58 Amendment of s 120C (Application of maximum speed limit if variable speed limit)

(1) Section 120C (1) (a), ‘image taken’—omit, insert—image or video made

(2) Section 120C (3) (b), example, ‘when the image was taken’—omit, insert—depicted in the image or video made

59 Insertion of new ss 120D–120F

After section 120C —

insert—

120D Photographic or video evidence about use of approved seatbelt

(1) This section applies to a proceeding for a prescribed offence in which the driver of, or passenger in, a vehicle not wearing an approved seatbelt is relevant if, under section 120, the prosecution intends to rely on an image or video made by a photographic detection device as evidence of the driver or passenger not wearing an approved seatbelt.

(2) In the absence of proof to the contrary—

(a) the vehicle depicted in the image or video is taken to be moving but not reversing, or stationary but not parked; and

(b) the vehicle depicted in the image or video is taken to be fitted with an approved seatbelt in the seating position occupied by the driver or passenger; and

(c) if the image or video depicts the driver or passenger not wearing a seatbelt, the driver or passenger is taken not to be wearing an approved seatbelt.

(3) In this section—

"approved seatbelt", in relation to a prescribed offence, has the meaning it has for the prescribed offence.

120E Photographic or video evidence of mobile phone use

(1) This section applies to a proceeding for a prescribed offence in which the use of a mobile phone by the driver of a vehicle is relevant if, under section 120, the prosecution intends to rely on an image or video made by a photographic detection device as evidence of the driver’s use of a mobile phone.

(2) In the absence of proof to the contrary, the vehicle depicted in the image or video is taken to be moving, or stationary but not parked.

(3) In this section—

"mobile phone", for a prescribed offence, has the meaning it has for the prescribed offence.

"use", in relation to a mobile phone, in relation to a prescribed offence, has the meaning it has for the prescribed offence.

120F Report about offence detected by photographic detection device

(1) This section applies to a proceeding for a prescribed offence if, under section 120, the prosecution intends to rely on an image or a series of images, or a video or a series of videos, made by a photographic detection device as evidence of particular elements of the offence.

(2) The prosecution may produce a report complying with this section in the proceeding.

(3) The report must—

(a) be made in the way prescribed by regulation for the photographic detection device; and

(b) contain only 1 or more of the following—

(i) a copy of the image or some or all of the images in the series, or a still image or images taken from the video or some or all of the videos in the series;

(ii) a summary of the things depicted in the image or images, or the still image or images from the video or videos;

(iii) for a copy of images in a series or still images of videos in a series—the numbers of the images or videos and the times they were taken, as identified under section 120(3);

(iv) a matter mentioned in section 120A(4)(a), (b) or (c) or 120B(5)(a), (b), (c), (d) or (e);

(v) a matter prescribed under subsection (4)(b); and

(c) include a certification, or be accompanied by a certificate, signed by the commissioner stating that the report—

(i) was properly made in the way prescribed under paragraph (a) for the photographic detection device; and

(ii) contains only matters mentioned in paragraph (b).

(4) If the way prescribed under subsection (3)(a) for a photographic detection device requires or otherwise involves analysis or a determination being made by a person, the regulation must state—

(a) the class of appropriately qualified persons who may conduct the analysis or make the determination; and

(b) the matters about the proper conduct of the analysis or making of the determination that must be stated in a report under this section.

(5) A report produced under this section is evidence of the following—

(a) the things depicted in a copy of an image, or a still image from a video, contained in the report;

(b) if a copy of an image or still image from a video contained in the report has a marking or writing associated with the image or video—each thing in relation to the image or video that the marking or writing is prescribed to mean under a regulation;

(c) a matter stated in a summary mentioned in subsection (3)(b)(ii) contained in the report;

(d) a matter mentioned in subsection (3)(b)(iii), (iv) or (v) contained in the report.

60 Insertion of new ch 7, pt 25

Chapter 7 —

insert—

61 Amendment of sch 1 (Evidence by certificate)

Schedule 1 —

insert—

38

a specified digital authority was or was not a specified relevant authority

• the chief executive

62 Amendment of sch 4 (Dictionary)

Schedule 4 —

insert—

"digital authority" see the Transport Planning and Coordination Act 1994, section 29AC.

"digital device" see the Transport Planning and Coordination Act 1994, section 29AB.

"digital evidence of age" see the Transport Planning and Coordination Act 1994, section 29AD.

"digital evidence of identity" see the Transport Planning and Coordination Act 1994, section 29AE.

"made", in relation to a photographic detection device, includes captured.

"relevant authority" see the Transport Planning and Coordination Act 1994, section 29AB.

"video" means a recording consisting of (or mainly of) sounds, images or data, or any combination of sounds, images or data, made by a device or system.

63 Act amended

This part amends the Transport Planning and Coordination Act 1994.

64 Amendment of s 28EC (Using a digital photo and digitised signature)

Section 28EC (1) (b) —

omit, insert—

(b) to reproduce the person’s digital photo and digitised signature on—

(i) a prescribed authorisation document; or

(ii) a digital authority; or

(iii) a digital evidence of age; or

(iv) a digital evidence of identity.

65 Insertion of new pt 4E

After part 4D —

insert—

66 Amendment of s 38 (Regulation-making power)

Section 38 (2) —

insert —

(d) the administration and use of an approved app, digital authority, digital evidence of age or digital evidence of identity.

67 Insertion of new pt 7, div 5

Part 7 —

insert—

68 Amendment of sch 1 (Dictionary)

(1) Schedule 1 —insert—

"approved app" means an app approved under section 29AF.

"authority", for part 4E, see section 29AB.

"corresponding authority" see section 29AB.

"corresponding law" see section 29AB.

"department’s website" means a website, or part of a website—

(a) administered by the department; and

(b) with a URL that contains qld.gov.au.

"digital authority" see section 29AC.

"digital device" see section 29AB.

"digital evidence of age" see section 29AD.

"digital evidence of identity" see section 29AE.

"relevant Act" see section 29AB.

"relevant authority" see section 29AB.

(2) Schedule 1, definition "prescribed authority", after ‘licence’—insert—, digital authority, digital evidence of age, digital evidence of identity,

69 Act amended

This part amends the Wine Industry Act 1994.

70 Amendment of s 40 (Seizure of document wrongly used as evidence of age)

Section 40 —

insert—

(3) Nothing in this section authorises a person to seize a digital device if—

(a) the device is used in the contravention of section 38(2) or (3); and

(b) in contravening the section a person used the device to store or display the following things, or an image or other design purporting to be the thing—

(i) a digital authority;

(ii) a digital evidence of age;

(iii) a digital evidence of identity.

(4) In this section—

"digital authority" see the Transport Planning and Coordination Act 1994, section 29AC.

"digital device" see the Transport Planning and Coordination Act 1994, section 29AB.

"digital evidence of age" see the Transport Planning and Coordination Act 1994, section 29AD.

"digital evidence of identity" see the Transport Planning and Coordination Act 1994, section 29AE.

71 Amendment of s 41 (Finding out age)

Section 41 (1) —

insert—

72 Acts amended

Schedule 1 amends the Acts it mentions.