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Queensland
Transport Legislation and
Another Act Amendment
Bill 2006
Queensland
Transport Legislation and Another Act
Amendment Bill 2006
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Part 2 Amendment of Maritime and Other Legislation Amendment
Act 2006
3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
4 Amendment of s 91 (Insertion of new pt 15, divs 2-4 of Act
No.14 of 1994) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Part 3 Amendment of Police Powers and Responsibilities Act 2000
5 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
6 Amendment of s 60 (Stopping vehicles for prescribed purposes) 9
7 Amendment of s 69A (Meaning of type 1 and type 2 vehicle
related offences). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
8 Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 10
Part 4 Amendment of Tow Truck Act 1973
9 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
10 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 10
11 Amendment of s 4A (Further provision for definition motor
vehicle) ....................................... 11
12 Amendment of s 4C (Who is an appropriate person) . . . . . . . . . . 11
13 Amendment of s 6 (Application for licence) . . . . . . . . . . . . . . . . . 11
14 Amendment of s 14 (Application for driver's or assistant's
certificate) ....................................... 12
15 Amendment of s 28 (Review of and appeals against decisions) . 12
16 Insertion of new ss 36-36C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
36 Chief executive's notification to commissioner of the
police service about a person . . . . . . . . . . . . . . . . . . 12
2
Transport Legislation and Another Act Amendment
Bill 2006
36A Notice of change in police information about a
person .............................. 12
36B Chief executive may enter into arrangement about
giving and receiving information with commissioner
of the police service . . . . . . . . . . . . . . . . . . . . . . . . . . 13
36C Confidentiality. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
17 Amendment of schedule (Reviewable decisions) . . . . . . . . . . . . . 14
18 Insertion of new sch 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Schedule 2 Dictionary
Part 5 Amendment of Transport Infrastructure Act 1994
19 Act amended in pt 5 and sch 1. . . . . . . . . . . . . . . . . . . . . . . . . . . 15
20 Insertion of new s 239AH . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
239AH Definitions for pt 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
21 Insertion of new ss 240A--240D . . . . . . . . . . . . . . . . . . . . . . . . . 15
240A Registered interests in rail corridor land. . . . . . . . . . . 16
240B Unregistered rights in rail corridor land . . . . . . . . . . . 16
240C Lease of non-rail corridor land to railway manager . . 18
240D Lease of non-rail corridor land to local government
or government entity. . . . . . . . . . . . . . . . . . . . . . . . . . 18
22 Replacement of s 247 (Integrated Planning Act consent for rail
corridor land and non-rail corridor land) . . . . . . . . . . . . . . . . . . . . 19
247 Chief executive taken to be owner of rail corridor
land and non-rail corridor land for particular
circumstances under Integrated Planning Act . . . . . . 19
23 Amendment of s 253 (Extending roads through or over rail
corridor land ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
24 Amendment of s 258A (Impact of change of management of
local government road on railways) . . . . . . . . . . . . . . . . . . . . . . . 20
25 Amendment of s 483 (Proceedings for offences) . . . . . . . . . . . . . 20
26 Amendment of sch 3 (Reviews and appeals) . . . . . . . . . . . . . . . . 20
27 Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 21
Part 6 Amendment of Transport Operations (Marine Pollution) Act
1995
28 Act amended in pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
29 Amendment of s 126 (Limitation on time for starting summary
proceedings). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Part 7 Amendment of Transport Operations (Marine Safety) Act
1994
30 Act amended in pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
3
Transport Legislation and Another Act Amendment
Bill 2006
31 Amendment of s 199 (Limitation on time for starting summary
proceedings). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
32 Amendment of s 205A (Inquiries about person's suitability to
conduct examinations or conduct training programs) . . . . . . . . . . 22
33 Insertion of new ss 205AA and 205AB and 205AC hdg . . . . . . . . 23
205AA Notice of change in police information about a
person .............................. 23
205AB Chief executive or general manager may enter into
arrangement about giving and receiving information
with commissioner of the police service . . . . . . . . . . . 24
Part 8 Amendment of Transport Operations (Passenger Transport)
Act 1994
34 Act amended in pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
35 Insertion of new s 4B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
4B Reference to offence against provision of an Act that
is a disqualifying offence or a driver disqualifying
offence ................................ 25
36 Amendment of s 20 (Amendment, suspension and cancellation
of operator accreditation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
37 Amendment of s 26 (Driver authorisation standards). . . . . . . . . . 25
38 Amendment of s 32 (Amendment, suspension and cancellation
of driver authorisations) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
39 Amendment of s 79 (Suspension and cancellation of taxi
service licences). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
40 Amendment of s 91 (Suspension and cancellation of limousine
service licences). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
41 Amendment of s 143AI (Direction not to be given in particular
circumstances) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
42 Amendment of s 144 (Transport arrangements for pupils) . . . . . . 27
43 Amendment of s 148 (Inquiries about person's suitability to hold
accreditation or authorisation) . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
44 Insertion of new ss 148A-148C . . . . . . . . . . . . . . . . . . . . . . . . . . 28
148A Notice of change in police information about a
person .............................. 28
148B Chief executive may enter into arrangement about
giving and receiving information with commissioner
of the police service . . . . . . . . . . . . . . . . . . . . . . . . . . 28
148C Confidentiality. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
45 Insertion of new s 150A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
150A Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
46 Amendment of s 151 (Proceedings for offences) . . . . . . . . . . . . . 30
47 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 30
4
Transport Legislation and Another Act Amendment
Bill 2006
Part 9 Amendment of Transport Operations (Road Use
Management) Act 1995
Division 1 General amendments of Transport Operations (Road Use
Management) Act 1995
48 Act amended in div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
49 Replacement of s 17B (Granting, renewing or refusing approval) 31
17B Granting, renewing or refusing approval . . . . . . . . . . 31
17C Chief executive may obtain information from
commissioner ............................ 32
17D Notice of change in police information about a
person .............................. 32
17E Chief executive may enter into arrangement about
giving and receiving information with commissioner . 33
50 Amendment of s 62 (Proceedings for offences) . . . . . . . . . . . . . . 33
51 Amendment of s 143 (Confidentiality) . . . . . . . . . . . . . . . . . . . . . 33
52 Insertion of new s 150AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
150AA Regulating young drivers . . . . . . . . . . . . . . . . . . . . . . 34
53 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 35
Division 2 Amendments of Transport Operations (Road Use
Management) Act 1995 for road safety purposes involving
relevant drugs etc.
54 Act amended in div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
55 Amendment of s 79 (Driving etc. whilst under influence of liquor
or drugs or with prescribed concentration of alcohol in blood or
breath) .......................................... 36
56 Amendment of s 79B (Immediate suspension or disqualification) 38
57 Amendment of s 80 (Provisions with respect to breath tests and
laboratory tests) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
58 Insertion of new section 80AA . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
80AA Limitation on use of saliva for saliva test or saliva
analysis and related matters . . . . . . . . . . . . . . . . . . . 55
59 Amendment of s 86 (Disqualification of drivers of motor vehicles
for certain offences) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
60 Amendment of s 87 (Issue of restricted licence to disqualified
person) .......................................... 56
61 Replacement of s 112 (Use of speed detection devices) . . . . . . . 56
112 Use of speed detection devices . . . . . . . . . . . . . . . . . 57
62 Amendment of s 124 (Facilitation of proof). . . . . . . . . . . . . . . . . . 57
63 Amendment of s 143 (Confidentiality) . . . . . . . . . . . . . . . . . . . . . 59
64 Insertion of new ch 7, pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
5
Transport Legislation and Another Act Amendment
Bill 2006
Part 9 Transitional provision for Transport Legislation
and Another Act Amendment Act 2006
206 Definitions for pt 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
207 No saliva testing or saliva analysis for 1 month after
commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
208 Certificates under s 124 . . . . . . . . . . . . . . . . . . . . . . . 60
209 Updated text . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
65 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 60
66 Further amendments in schs 2 and 3. . . . . . . . . . . . . . . . . . . . . . 60
Part 10 Amendment of Transport Planning and Coordination Act
1994
67 Act amended in pt 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
68 Replacement of s 8E (Guidelines for ss 8B-8D). . . . . . . . . . . . . . 61
8E Guidelines for pt 2A . . . . . . . . . . . . . . . . . . . . . . . . . . 61
Schedule 1 Minor amendments of Transport Infrastructure Act 1994 . . . 62
Schedule 2 Further amendment of the Transport Operations (Road Use
Management) Act 1995 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
Schedule 3 Insertion of subsection headings . . . . . . . . . . . . . . . . . . . . . . 76
2006
A Bill
for
An Act to amend particular Acts administered by the Minister
for Transport and Minister for Main Roads, and for other
purposes
s1 8 s4
Transport Legislation and Another Act Amendment
Bill 2006
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Transport Legislation and 4
Another Act Amendment Act 2006. 5
Clause 2 Commencement 6
This Act, other than the following provisions, commences on 7
a date to be fixed by proclamation-- 8
· part 9 heading 9
· part 9, division 1 heading 10
· section 48 11
· section 52 12
· section 53(2). 13
Part 2 Amendment of Maritime and 14
Other Legislation Amendment 15
Act 2006 16
Clause 3 Act amended in pt 2 17
This part amends the Maritime and Other Legislation 18
Amendment Act 2006. 19
Clause 4 Amendment of s 91 (Insertion of new pt 15, divs 2-4 of 20
Act No.14 of 1994) 21
Section 91, inserted section 202K(7), `section 202D(4)'-- 22
s5 9 s7
Transport Legislation and Another Act Amendment
Bill 2006
omit, insert-- 1
`section 202D(6)'. 2
Part 3 Amendment of Police Powers 3
and Responsibilities Act 2000 4
Clause 5 Act amended in pt 3 5
This part amends the Police Powers and Responsibilities Act 6
2000. 7
Clause 6 Amendment of s 60 (Stopping vehicles for prescribed 8
purposes) 9
(1) Section 60(3)(e) and (5), after `test'-- 10
insert-- 11
`or saliva test'. 12
(2) Section 60(5), examples, after `breath'-- 13
insert-- 14
15
`or saliva'.
Clause 7 Amendment of s 69A (Meaning of type 1 and type 2 16
vehicle related offences) 17
Section 69A-- 18
insert-- 19
`(4) A reference in subsection (2) to an offence against section 20
78(1) or 80(22D) of the Road Use Management Act does not 21
include an offence relating to a suspension that could in law 22
only be imposed because section 80 had been amended by the 23
amendment. 24
`(5) A reference in subsection (2) to an offence against section 25
80(5A) or (11) of the Road Use Management Act does not 26
include an offence that in the circumstances could in law only 27
s8 10 s 10
Transport Legislation and Another Act Amendment
Bill 2006
be committed, or that the person could in law only be taken to 1
be guilty of, because section 80 of the Road Use Management 2
Act had been amended by the amendment. 3
`(6) In this section-- 4
amendment means the Transport Legislation and Another Act 5
Amendment Act 2006, section 57. 6
7
Note for subsections (4) and (5)--
8
These subsections effectively exclude anything associated with saliva
9
testing and saliva analysis under the Road Use Management Act from
10
the operation of subsection (2).'.
Clause 8 Amendment of sch 6 (Dictionary) 11
Schedule 6-- 12
insert-- 13
`saliva analysis see the Road Use Management Act, section 14
80(1). 15
saliva test see the Road Use Management Act, section 80(1).'. 16
Part 4 Amendment of Tow Truck Act 17
1973 18
Clause 9 Act amended in pt 4 19
This part amends the Tow Truck Act 1973. 20
Clause 10 Amendment of s 4 (Definitions) 21
(1) Section 4, `In this Act'-- 22
omit, insert-- 23
`The dictionary in schedule 2 defines particular words used in 24
this Act.'. 25
(2) Section 4-- 26
s 11 11 s 13
Transport Legislation and Another Act Amendment
Bill 2006
insert-- 1
`driver licence has the meaning given by the Transport 2
Operations (Road Use Management) Act 1995, schedule 4.'. 3
(3) Section 4, definition disqualifying offence, `paragraph (a)'-- 4
omit, insert-- 5
`paragraph (b)'. 6
(4) Section 4, definition tow truck, paragraph (a), at the end-- 7
insert-- 8
`or'. 9
(5) Section 4, definitions-- 10
relocate to schedule 2, as inserted by this Act. 11
Clause 11 Amendment of s 4A (Further provision for definition 12
motor vehicle) 13
Section 4A, `section 4'-- 14
omit, insert-- 15
`schedule 2'. 16
Clause 12 Amendment of s 4C (Who is an appropriate person) 17
(1) Section 4C(1)(d)(iii)-- 18
omit. 19
(2) Section 4C(2), definition criminal history-- 20
relocate to schedule 2, as inserted by this Act. 21
Clause 13 Amendment of s 6 (Application for licence) 22
Section 6(2)(a) and (b)-- 23
omit, insert-- 24
`(a) if the applicant is an individual--the applicant's 25
criminal history; or 26
s 14 12 s 16
Transport Legislation and Another Act Amendment
Bill 2006
(b) if the applicant is a body corporate--the criminal 1
history of every director, manager and public officer of 2
the body corporate.'. 3
Clause 14 Amendment of s 14 (Application for driver's or assistant's 4
certificate) 5
Section 14(2), `fame and character'-- 6
omit, insert-- 7
`criminal history'. 8
Clause 15 Amendment of s 28 (Review of and appeals against 9
decisions) 10
Section 28(1), `the schedule'-- 11
omit, insert-- 12
`schedule 1'. 13
Clause 16 Insertion of new ss 36-36C 14
After section 35-- 15
insert-- 16
`36 Chief executive's notification to commissioner of the 17
police service about a person 18
`Without limiting sections 6(2) and 14(2), the chief 19
executive's notification to the commissioner of the police 20
service may include the following information-- 21
(a) the person's name and any other name the chief 22
executive believes the person may use or may have used; 23
(b) the person's gender and date and place of birth; 24
(c) details of the person's licence, driver licence, driver's 25
certificate or assistant's certificate. 26
`36A Notice of change in police information about a 27
person 28
`(1) This section applies if-- 29
s 16 13 s 16
Transport Legislation and Another Act Amendment
Bill 2006
(a) the commissioner of the police service reasonably 1
suspects a person is the holder of-- 2
(i) a licence; or 3
(ii) a driver's certificate; or 4
(iii) an assistant's certificate; and 5
(b) the person's criminal history changes. 6
`(2) The commissioner may notify the chief executive that the 7
person's criminal history has changed. 8
`(3) The commissioner's notice to the chief executive must state 9
the following-- 10
(a) the person's name and any other name the commissioner 11
believes the person may use or may have used; 12
(b) the person's gender and date and place of birth; 13
(c) whether the change is-- 14
(i) a charge made against the person for an offence; or 15
(ii) a conviction of the person; 16
(d) details of the charge or conviction. 17
`36B Chief executive may enter into arrangement about 18
giving and receiving information with commissioner 19
of the police service 20
`(1) This section applies only to the extent another provision of 21
this Act allows the chief executive to give information to the 22
commissioner of the police service or the commissioner to 23
give information to the chief executive. 24
`(2) The chief executive and the commissioner may enter into a 25
written arrangement by which the information is given or 26
received. 27
`(3) Without limiting subsection (2), the arrangement may provide 28
for the electronic transfer of information, including on a daily 29
basis. 30
`(4) However, if information is to be electronically transferred and, 31
under this Act, there is a limitation on who may access the 32
s 17 14 s 17
Transport Legislation and Another Act Amendment
Bill 2006
information or the purposes for which the information may be 1
used, the arrangement must provide for the limitation. 2
`36C Confidentiality 3
`(1) A person must not disclose, record or use information the 4
person gained-- 5
(a) through involvement in the administration of this Act; or 6
(b) because of an opportunity provided by the involvement. 7
Maximum penalty--200 penalty units. 8
`(2) However, a person may disclose, record or use the 9
information-- 10
(a) in the discharge of a function under this Act; or 11
(b) if it is authorised-- 12
(i) under another Act or a regulation; or 13
(ii) by the person to whom the information relates; or 14
(c) in a proceeding before a court or tribunal in which the 15
information is relevant. 16
`(3) In this section-- 17
disclose information means-- 18
(a) intentionally or recklessly disclose the information; or 19
(b) allow access to the information.'. 20
Clause 17 Amendment of schedule (Reviewable decisions) 21
Schedule-- 22
renumber as schedule 1. 23
s 18 15 s 21
Transport Legislation and Another Act Amendment
Bill 2006
Clause 18 Insertion of new sch 2 1
After schedule 1-- 2
insert-- 3
`Schedule 2 Dictionary 4
section 4'. 5
Part 5 Amendment of Transport 6
Infrastructure Act 1994 7
Clause 19 Act amended in pt 5 and sch 1 8
This part and schedule 1 amend the Transport Infrastructure 9
Act 1994. 10
Clause 20 Insertion of new s 239AH 11
Chapter 7, part 7, before section 239A-- 12
insert-- 13
`239AHDefinitions for pt 7 14
`In this part-- 15
registered interest means an interest registered in the 16
leasehold land register, other than a mortgage. 17
unregistered right, in relation to land held under a lease or 18
sublease, means a right to use the land that has not been 19
registered or can not be registered in the leasehold land 20
register.'. 21
Clause 21 Insertion of new ss 240A--240D 22
After section 240-- 23
insert-- 24
s 21 16 s 21
Transport Legislation and Another Act Amendment
Bill 2006
`240A Registered interests in rail corridor land 1
`(1) This section applies if-- 2
(a) a railway manager surrenders the railway manager's 3
sublease for a section of rail corridor land; and 4
(b) there is a registered interest in the railway manager's 5
sublease for that section of rail corridor land. 6
`(2) After the surrender, the registered interest in the sublease 7
continues on the same terms as a registered interest in the 8
lease for the section of the non-rail corridor land, with the 9
State as lessee substituted for the railway manager as a party 10
to the registered interest. 11
12
Note--
13
By definition, rail corridor land becomes non-rail corridor land on
14
surrender of the sublease.
`(3) Subsection (2) applies despite the Land Act 1994, section 372. 15
`240B Unregistered rights in rail corridor land 16
`(1) This section applies if-- 17
(a) a railway manager surrenders the railway manager's 18
sublease for a section of rail corridor land; and 19
(b) there is an unregistered right in the railway manager's 20
sublease for that section of rail corridor land. 21
`(2) At least 3 months before the railway manager intends to 22
surrender the railway manager's sublease for the section of 23
rail corridor land, the railway manager must give the chief 24
executive details of all unregistered rights in the railway 25
manager's sublease of rail corridor land for the section of land 26
that is to be surrendered. 27
`(3) After the surrender, an unregistered right in the railway 28
manager's sublease for that section of rail corridor land 29
continues on the same terms as an unregistered right in the 30
lease for the section of the non-rail corridor land, with the 31
State as lessee substituted for the railway manager as a party 32
to the unregistered right. 33
s 21 17 s 21
Transport Legislation and Another Act Amendment
Bill 2006
`(4) The chief executive may at any time revoke an unregistered 1
right that is continued under subsection (3) if the chief 2
executive considers-- 3
(a) the use of the right would affect the safety or operational 4
integrity of the land as a railway or would adversely 5
affect another transport purpose; or 6
(b) the holder of the right has not complied with any 7
conditions imposed on the right by the railway manager 8
or the chief executive; or 9
(c) the right is being used in a way that is contrary to the 10
provisions of-- 11
(i) the perpetual lease of the land to the State; or 12
(ii) the Land Act 1994. 13
`(5) A person whose interest is affected by the chief executive's 14
decision under subsection (4)(a) is entitled to be paid 15
compensation by the State for the loss for the unexpired 16
portion of the unregistered right, but only if-- 17
(a) the person had paid the railway manager for the 18
unregistered right; or 19
(b) the person is the owner of land adjacent to the section of 20
rail corridor land that has been surrendered and, as part 21
of the acquisition agreement or settlement of that 22
section of the rail corridor land from the person or a 23
previous owner of the land, the unregistered right 24
mentioned in subsection (3) was granted. 25
`(6) The person is entitled to be paid, because of the revocation of 26
the right, the reasonable compensation that is agreed between 27
the person and the chief executive, or failing agreement, that 28
is decided by a court. 29
`(7) Compensation may be claimed and ordered to be paid in a 30
proceeding brought in a court with jurisdiction for the 31
recovery of a debt equal to the amount of compensation 32
claimed. 33
`(8) Subsection (5) does not prevent an ex gratia payment from 34
being made to a person under the Financial Administration 35
and Audit Act 1977. 36
s 21 18 s 21
Transport Legislation and Another Act Amendment
Bill 2006
`240C Lease of non-rail corridor land to railway manager 1
`(1) This section applies if the chief executive subleases a section 2
of non-rail corridor land to a railway manager. 3
`(2) When the registrar of titles registers the sublease in the 4
leasehold land register-- 5
(a) the sublease is taken to be the next vested right to, or be 6
next in priority to, the perpetual lease of the section of 7
the land to the State; and 8
(b) the railway manager as sublessee is substituted for the 9
State as a party to any lesser registered interest. 10
`(3) Also, when the registrar of titles registers the sublease in the 11
leasehold land register-- 12
(a) the State's rights and obligations in an unregistered right 13
in the section of the land are taken to be vested in the 14
railway manager as sublessee; and 15
(b) the railway manager is substituted for the State as a 16
party to the unregistered right. 17
`(4) Subsection (2) applies despite the Property Law Act 1974, 18
section 115 and the Land Act 1994, section 298. 19
`240D Lease of non-rail corridor land to local government 20
or government entity 21
`(1) This section applies if the chief executive subleases a section 22
of non-rail corridor land to a local government or government 23
entity that is not a railway manager. 24
`(2) When the registrar of titles registers the sublease in the 25
leasehold land register-- 26
(a) the sublease is taken to be the next vested right to, or be 27
next in priority to, the perpetual lease of the section of 28
the land to the State; and 29
(b) the local government or government entity as sublessee 30
is substituted for the State as a party to any lesser 31
registered interest. 32
`(3) However, subsection (2) does not apply to a registered interest 33
that was registered before the sublease is registered if, when 34
s 22 19 s 22
Transport Legislation and Another Act Amendment
Bill 2006
the sublease is registered, a provision in the sublease states 1
that subsection (2) does not apply to the registered interest. 2
`(4) Also, when the registrar of titles registers the sublease in the 3
leasehold land register-- 4
(a) the State's rights and obligations in an unregistered right 5
in the section of the land are taken to be vested in the 6
local government or government entity as sublessee; and 7
(b) the local government or government entity is substituted 8
for the State as a party to the unregistered right. 9
`(5) Subsections (2) and (3) apply despite the Property Law Act 10
1974, section 115 and the Land Act 1994, section 298.'. 11
Clause 22 Replacement of s 247 (Integrated Planning Act consent 12
for rail corridor land and non-rail corridor land) 13
Section 247-- 14
omit, insert-- 15
`247 Chief executive taken to be owner of rail corridor 16
land and non-rail corridor land for particular 17
circumstances under Integrated Planning Act 18
`(1) This section applies if, under the Integrated Planning Act 19
1997-- 20
(a) land that is rail corridor land or non-rail corridor land is 21
to be designated for community infrastructure; or 22
(b) an application requires notice to be given to an owner of 23
adjoining land and the land is rail corridor land or 24
non-rail corridor land; or 25
(c) the consent of an owner of land that is rail corridor land 26
or non-rail corridor land is otherwise required. 27
`(2) For the purposes of the Integrated Planning Act 1997, the 28
chief executive is taken to be the owner of the land that is rail 29
corridor land or non-rail corridor land.'. 30
s 23 20 s 26
Transport Legislation and Another Act Amendment
Bill 2006
Clause 23 Amendment of s 253 (Extending roads through or over 1
rail corridor land ) 2
Section 253-- 3
insert-- 4
`(3A) After the permission is granted-- 5
(a) the chief executive must immediately give a copy of the 6
permission to the registrar of titles; and 7
(b) the registrar of titles must record the permission on the 8
relevant lease of the rail corridor land to the State and 9
any affected sublease in the leasehold land register.'. 10
Clause 24 Amendment of s 258A (Impact of change of management 11
of local government road on railways) 12
(1) Section 258A(5)-- 13
omit. 14
(2) Section 258A(6) and (7)-- 15
renumber as section 258A(5) and (6). 16
Clause 25 Amendment of s 483 (Proceedings for offences) 17
Section 483-- 18
insert-- 19
`(3) A statement in a complaint for an offence against this Act that 20
the matter of the complaint came to the knowledge of the 21
complainant on a stated day is evidence of when the matter 22
came to the complainant's knowledge.'. 23
Clause 26 Amendment of sch 3 (Reviews and appeals) 24
Schedule 3-- 25
insert-- 26
`240B(4) Decision of chief executive to revoke Planning and
continued unregistered right in non-rail Environment'.
corridor land
s 27 21 s 29
Transport Legislation and Another Act Amendment
Bill 2006
Clause 27 Amendment of sch 6 (Dictionary) 1
(1) Schedule 6, definition non-rail corridor land-- 2
omit. 3
(2) Schedule 6-- 4
insert-- 5
`leasehold land register means the leasehold land register 6
kept under the Land Act 1994, section 276(a). 7
non-rail corridor land means land leased to the State in 8
perpetuity that was-- 9
(a) old QR land declared to be non-rail corridor land; or 10
(b) rail corridor land for which the sublease previously 11
granted to a railway manager has been surrendered.'. 12
(3) Schedule 6, definition new rail corridor land, `leased'-- 13
omit, insert-- 14
`subleased'. 15
Part 6 Amendment of Transport 16
Operations (Marine Pollution) 17
Act 1995 18
Clause 28 Act amended in pt 6 19
This part amends the Transport Operations (Marine 20
Pollution) Act 1995. 21
Clause 29 Amendment of s 126 (Limitation on time for starting 22
summary proceedings) 23
Section 126-- 24
insert-- 25
`(2) A statement in a complaint for an offence against this Act that 26
the matter of the complaint came to the knowledge of the 27
s 30 22 s 32
Transport Legislation and Another Act Amendment
Bill 2006
complainant on a stated day is evidence of when the matter 1
came to the complainant's knowledge.'. 2
Part 7 Amendment of Transport 3
Operations (Marine Safety) Act 4
1994 5
Clause 30 Act amended in pt 7 6
This part amends the Transport Operations (Marine Safety) 7
Act 1994. 8
Clause 31 Amendment of s 199 (Limitation on time for starting 9
summary proceedings) 10
Section 199-- 11
insert-- 12
`(2) A statement in a complaint for an offence against this Act that 13
the matter of the complaint came to the knowledge of the 14
complainant on a stated day is evidence of when the matter 15
came to the complainant's knowledge.'. 16
Clause 32 Amendment of s 205A (Inquiries about person's 17
suitability to conduct examinations or conduct training 18
programs) 19
(1) Section 205A-- 20
insert-- 21
`(1B) For subsection (1A), the chief executive's or general 22
manager's request may include the following information-- 23
(a) the person's name and any other name the chief 24
executive or general manager believes the person may 25
use or may have used; 26
(b) the person's gender and date and place of birth; 27
s 33 23 s 33
Transport Legislation and Another Act Amendment
Bill 2006
(c) details of the person's driver licence under the Transport 1
Operations (Road Use Management) Act 1995; 2
(d) details of the application for approval or approval of-- 3
(i) the person; or 4
(ii) the corporation or unincorporated body for which 5
the person is a nominee; or 6
(iii) the corporation of which the person is an executive 7
officer.'. 8
(2) Section 205A(4)(c)-- 9
omit, insert-- 10
`(c) in a proceeding before a court or tribunal in which the 11
information is relevant.'. 12
(3) Section 205A(5), definition criminal history-- 13
relocate to the schedule. 14
(4) Section 205A(4) and (5)-- 15
relocate and renumber as section 205AC(1) and (2). 16
Clause 33 Insertion of new ss 205AA and 205AB and 205AC hdg 17
After section 205A-- 18
insert-- 19
`205AANotice of change in police information about a 20
person 21
`(1) This section applies if-- 22
(a) the commissioner of the police service reasonably 23
suspects that a person is the holder, or is a nominee or an 24
executive officer of an entity that is the holder, of an 25
approval-- 26
(i) to conduct examinations for issuing licences; or 27
(ii) to conduct training programs in the operation of 28
ships; and 29
(b) the person's criminal history changes. 30
s 33 24 s 33
Transport Legislation and Another Act Amendment
Bill 2006
`(2) The commissioner may notify the chief executive or the 1
general manager that the person's criminal history has 2
changed. 3
`(3) The commissioner's notice to the chief executive or general 4
manager must state the following-- 5
(a) the person's name and any other name the commissioner 6
believes the person may use or may have used; 7
(b) the person's gender and date and place of birth; 8
(c) whether the change is-- 9
(i) a charge made against the person for an offence; or 10
(ii) a conviction of the person; 11
(d) details of the charge or conviction. 12
`205ABChief executive or general manager may enter into 13
arrangement about giving and receiving information 14
with commissioner of the police service 15
`(1) This section applies only to the extent another provision of 16
this Act allows the chief executive or general manager to give 17
information to the commissioner of the police service or the 18
commissioner to give information to the chief executive or the 19
general manager. 20
`(2) The chief executive and the commissioner, or the general 21
manager and the commissioner, may enter into a written 22
arrangement by which the information is given or received. 23
`(3) Without limiting subsection (2), the arrangement may provide 24
for the electronic transfer of information, including on a daily 25
basis. 26
`(4) However, if information is to be electronically transferred and, 27
under this Act, there is a limitation on who may access the 28
information or the purposes for which the information may be 29
used, the arrangement must provide for the limitation. 30
`205ACConfidentiality'. 31
s 34 25 s 37
Transport Legislation and Another Act Amendment
Bill 2006
Part 8 Amendment of Transport 1
Operations (Passenger 2
Transport) Act 1994 3
Clause 34 Act amended in pt 8 4
This part amends the Transport Operations (Passenger 5
Transport) Act 1994. 6
Clause 35 Insertion of new s 4B 7
Chapter 1, after section 4A-- 8
insert-- 9
`4B Reference to offence against provision of an Act that 10
is a disqualifying offence or a driver disqualifying 11
offence 12
`(1) This section applies to any provision of this Act that defines a 13
particular provision of an Act as a disqualifying offence or a 14
driver disqualifying offence. 15
`(2) The reference to the particular provision includes the 16
provision as it existed at any time before it was made, even 17
though it was amended from time to time and even though the 18
provision had a different number from time to time. 19
`(3) Subsection (2) does not limit the Acts Interpretation Act 1954, 20
section 14H.'. 21
Clause 36 Amendment of s 20 (Amendment, suspension and 22
cancellation of operator accreditation) 23
Section 20(3), `immediately to suspend'-- 24
omit, insert-- 25
`to immediately suspend'. 26
Clause 37 Amendment of s 26 (Driver authorisation standards) 27
Section 26(b)-- 28
s 38 26 s 41
Transport Legislation and Another Act Amendment
Bill 2006
omit, insert-- 1
`(b) include requirements about the medical fitness of 2
applicants for, and holders of, driver authorisation; and'. 3
Clause 38 Amendment of s 32 (Amendment, suspension and 4
cancellation of driver authorisations) 5
(1) Section 32(1A), after `amend'-- 6
insert-- 7
`, including immediately amend,'. 8
(2) Section 32(3), `immediately to suspend'-- 9
omit, insert-- 10
`to immediately suspend'. 11
Clause 39 Amendment of s 79 (Suspension and cancellation of taxi 12
service licences) 13
Section 79(3), `to suspend immediately'-- 14
omit, insert-- 15
`to immediately suspend'. 16
Clause 40 Amendment of s 91 (Suspension and cancellation of 17
limousine service licences) 18
Section 91(3), `to suspend immediately'-- 19
omit, insert-- 20
`to immediately suspend'. 21
Clause 41 Amendment of s 143AI (Direction not to be given in 22
particular circumstances) 23
Section 143AI(b), `child'-- 24
omit, insert-- 25
`student'. 26
s 42 27 s 43
Transport Legislation and Another Act Amendment
Bill 2006
Clause 42 Amendment of s 144 (Transport arrangements for pupils) 1
(1) Section 144, `pupils'-- 2
omit, insert-- 3
`school students'. 4
(2) Section 144(2)(b), `pupils' reasonable travel expenses'-- 5
omit, insert-- 6
`the reasonable travel expenses of school students'. 7
Clause 43 Amendment of s 148 (Inquiries about person's suitability 8
to hold accreditation or authorisation) 9
(1) Section 148(2) and (3)-- 10
renumber as section 148(4) and (5). 11
(2) Section 148(5), as renumbered, `(2)'-- 12
omit, insert-- 13
`(4)'. 14
(3) Section 148-- 15
insert-- 16
`(2) Without limiting subsection (1), the chief executive may ask 17
the commissioner of the police service for a written report 18
about a person's criminal history. 19
`(3) For subsection (2), the chief executive's request may include 20
the following information-- 21
(a) the person's name and any other name the chief 22
executive believes the person may use or may have used; 23
(b) the person's gender and date and place of birth; 24
(c) details of the person's driver licence under the Transport 25
Operations (Road Use Management) Act 1995; 26
(d) details of the person's operator accreditation, driver 27
authorisation or application for operator accreditation or 28
driver authorisation.'. 29
s 44 28 s 44
Transport Legislation and Another Act Amendment
Bill 2006
Clause 44 Insertion of new ss 148A-148C 1
After section 148-- 2
insert-- 3
`148A Notice of change in police information about a 4
person 5
`(1) This section applies if-- 6
(a) the commissioner of the police service reasonably 7
suspects a person holds operator accreditation or driver 8
authorisation; and 9
(b) the person's criminal history changes. 10
`(2) The commissioner may notify the chief executive that the 11
person's criminal history has changed. 12
`(3) The commissioner's notice to the chief executive must state 13
the following-- 14
(a) the person's name and any other name the commissioner 15
believes the person may use or may have used; 16
(b) the person's gender and date and place of birth; 17
(c) whether the change is-- 18
(i) a charge made against the person for an offence; or 19
(ii) a conviction of the person; 20
(d) details of the charge or conviction. 21
`148B Chief executive may enter into arrangement about 22
giving and receiving information with commissioner 23
of the police service 24
`(1) This section applies only to the extent another provision of 25
this Act allows the chief executive to give information to the 26
commissioner of the police service or the commissioner to 27
give information to the chief executive. 28
`(2) The chief executive and the commissioner may enter into a 29
written arrangement by which the information is given or 30
received. 31
s 45 29 s 45
Transport Legislation and Another Act Amendment
Bill 2006
`(3) Without limiting subsection (2), the arrangement may provide 1
for the electronic transfer of information, including on a daily 2
basis. 3
`(4) However, if information is to be electronically transferred and, 4
under this Act, there is a limitation on who may access the 5
information or the purposes for which the information may be 6
used, the arrangement must provide for the limitation. 7
`148C Confidentiality 8
`(1) A person must not disclose, record or use information the 9
person gained-- 10
(a) through involvement in the administration of this Act; or 11
(b) because of an opportunity provided by the involvement. 12
Maximum penalty--200 penalty units. 13
`(2) However, a person may disclose, record or use the 14
information-- 15
(a) in the discharge of a function under this Act; or 16
(b) if it is authorised-- 17
(i) under another Act or a regulation; or 18
(ii) by the person to whom the information relates; or 19
(c) in a proceeding before a court or tribunal in which the 20
information is relevant. 21
`(3) In this section-- 22
disclose information means-- 23
(a) intentionally or recklessly disclose the information; or 24
(b) allow access to the information.'. 25
Clause 45 Insertion of new s 150A 26
After section 150-- 27
insert-- 28
s 46 30 s 47
Transport Legislation and Another Act Amendment
Bill 2006
`150A Approval of forms 1
`The chief executive may approve forms for use under this 2
Act.'. 3
Clause 46 Amendment of s 151 (Proceedings for offences) 4
Section 151-- 5
insert-- 6
`(3) A statement in a complaint for an offence against this Act that 7
the matter of the complaint came to the knowledge of the 8
complainant on a stated day is evidence of when the matter 9
came to the complainant's knowledge.'. 10
Clause 47 Amendment of sch 3 (Dictionary) 11
(1) Schedule 3, definition eligible school children-- 12
omit. 13
(2) Schedule 3-- 14
insert-- 15
`approved form means a form approved by the chief executive 16
under section 150A. 17
non-State school see the Education (General Provisions) Act 18
2006. 19
school student means a person who-- 20
(a) is under 18 years; and 21
(b) is enrolled at a State school or a non-State school. 22
State school see the Education (General Provisions) Act 23
2006.'. 24
(3) Schedule 3, definitions restricted school service and school 25
service, `children'-- 26
omit, insert-- 27
`students'. 28
s 48 31 s 49
Transport Legislation and Another Act Amendment
Bill 2006
Part 9 Amendment of Transport 1
Operations (Road Use 2
Management) Act 1995 3
Division 1 General amendments of Transport 4
Operations (Road Use Management) 5
Act 1995 6
Clause 48 Act amended in div 1 7
This division amends the Transport Operations (Road Use 8
Management) Act 1995. 9
Clause 49 Replacement of s 17B (Granting, renewing or refusing 10
approval) 11
Section 17B-- 12
omit, insert-- 13
`17B Granting, renewing or refusing approval 14
`(1) A regulation may provide for the granting or renewing of, or 15
refusing to grant or renew, an approval, other than an approval 16
for an alternative compliance scheme under section 15. 17
`(2) Without limiting subsection (1), a regulation may authorise 18
the chief executive to refuse to grant or renew an approval 19
prescribed under a regulation, other than a permit under 20
section 111, if the applicant for, or holder of, an approval has 21
been-- 22
(a) convicted of a disqualifying offence; or 23
(b) charged with a disqualifying offence and the charge has 24
not been finally disposed of. 25
`(3) In this section-- 26
grant includes issue. 27
s 49 32 s 49
Transport Legislation and Another Act Amendment
Bill 2006
`17C Chief executive may obtain information from 1
commissioner 2
`(1) If a regulation made under section 17B authorises the chief 3
executive to grant or renew an approval, the chief executive 4
may ask the commissioner for a written report about the 5
criminal history of the applicant for, or holder of, the 6
approval. 7
`(2) For subsection (1), the chief executive's request may include 8
the following information-- 9
(a) the person's name and any other name the chief 10
executive believes the person may use or may have used; 11
(b) the person's gender and date and place of birth; 12
(c) details of the person's driver licence; 13
(d) details of the person's application or approval. 14
`(3) If requested, the commissioner must give the chief executive a 15
written report about the criminal history of the applicant or 16
holder-- 17
(a) that is in the commissioner's possession; or 18
(b) to which the commissioner ordinarily has access 19
through arrangements with the police service of the 20
Commonwealth or another State. 21
`17D Notice of change in police information about a 22
person 23
`(1) This section applies if-- 24
(a) the commissioner reasonably suspects that a person is 25
the holder of an approval; and 26
(b) the person's criminal history changes. 27
`(2) The commissioner may notify the chief executive that the 28
person's criminal history has changed. 29
`(3) The commissioner's notice to the chief executive must state 30
the following-- 31
(a) the person's name and any other name the commissioner 32
believes the person may use or may have used; 33
s 50 33 s 51
Transport Legislation and Another Act Amendment
Bill 2006
(b) the person's gender and date and place of birth; 1
(c) whether the change is-- 2
(i) a charge made against the person for an offence; or 3
(ii) a conviction of the person; 4
(d) details of the charge or conviction. 5
`17E Chief executive may enter into arrangement about 6
giving and receiving information with commissioner 7
`(1) This section applies only to the extent another provision of 8
this Act allows the chief executive to give information to the 9
commissioner or the commissioner to give information to the 10
chief executive. 11
`(2) The chief executive and the commissioner may enter into a 12
written arrangement by which the information is given or 13
received. 14
`(3) Without limiting subsection (2), the arrangement may provide 15
for the electronic transfer of information, including on a daily 16
basis. 17
`(4) However, if information is to be electronically transferred and, 18
under this Act, there is a limitation on who may access the 19
information or the purposes for which the information may be 20
used, the arrangement must provide for the limitation.'. 21
Clause 50 Amendment of s 62 (Proceedings for offences) 22
Section 62-- 23
insert-- 24
`(3) A statement in a complaint for an offence against a transport 25
Act that the matter of the complaint came to the knowledge of 26
the complainant on a stated day is evidence of when the 27
matter came to the complainant's knowledge.'. 28
Clause 51 Amendment of s 143 (Confidentiality) 29
Section 143(2)(c)-- 30
s 52 34 s 52
Transport Legislation and Another Act Amendment
Bill 2006
omit, insert-- 1
`(c) in a proceeding before a court or tribunal in which the 2
information is relevant.'. 3
Clause 52 Insertion of new s 150AA 4
After section 150-- 5
insert-- 6
`150AARegulating young drivers 7
`(1) A regulation made under section 150, to the extent it is about 8
the management of young drivers, may also provide for the 9
following-- 10
(a) standards about young driver skills and knowledge; 11
(b) the training of young drivers; 12
(c) the keeping and production of logbooks to record the 13
driving experience of young drivers; 14
(d) the retention of the logbooks mentioned in subsection 15
(c); 16
(e) the testing and licensing of young drivers; 17
(f) rules about licences held by young drivers, including, in 18
particular, the circumstances in which, and the reasons 19
for which, they can be cancelled or suspended or 20
conditions imposed on them; 21
(g) the granting of exemptions from conditions of licences; 22
(h) the passengers who may travel in a vehicle driven by a 23
young driver; 24
(i) the use of mobile phones and other similar forms of 25
communication in a vehicle driven by a young driver; 26
(j) the vehicles that may and may not be driven by young 27
drivers. 28
`(2) The following is not unlawful discrimination on the basis of 29
age for the Anti-Discrimination Act 1991-- 30
(a) a provision of a regulation about the management of 31
young drivers as mentioned in subsection (1), that is 32
s 53 35 s 53
Transport Legislation and Another Act Amendment
Bill 2006
declared under the regulation as a provision that is not 1
unlawful discrimination on the basis of age for the 2
Anti-Discrimination Act 1991; 3
(b) the doing of an act that is necessary to comply with, or 4
that is authorised by, a provision declared under 5
paragraph (a). 6
`(3) In this section-- 7
young driver means a driver under 25 years.'. 8
Clause 53 Amendment of sch 4 (Dictionary) 9
(1) Schedule 4, definition criminal history-- 10
omit, insert-- 11
`criminal history, of a person-- 12
(a) for chapter 5, part 7A--see section 122; and 13
(b) generally-- 14
(i) means the person's criminal history as defined 15
under the Criminal Law (Rehabilitation of 16
Offenders) Act 1986, other than a conviction for 17
which the rehabilitation period has expired but the 18
conviction has not been revived as prescribed by 19
section 11 of that Act; and 20
(ii) despite the Criminal Law (Rehabilitation of 21
Offenders) Act 1986, includes a charge made 22
against the person for an offence, whether made in 23
Queensland or elsewhere, other than a charge the 24
proceedings for which have ended without the 25
person being convicted.'. 26
(2) Schedule 4, definition provisional licence-- 27
omit, insert-- 28
`provisional licence means a licence to drive a motor vehicle 29
issued under this Act, that-- 30
(a) states the licence is a provisional licence; and 31
s 54 36 s 55
Transport Legislation and Another Act Amendment
Bill 2006
(b) is subject to conditions, including restrictions, imposed 1
because of the holder's age or limited driving 2
experience.'. 3
(3) Schedule 4, definition disqualifying offence, paragraph (b)-- 4
omit, insert-- 5
`(b) otherwise--means an offence against-- 6
(i) the Criminal Code; or 7
(ii) a law of another jurisdiction, including a 8
jurisdiction outside Australia, that substantially 9
corresponds to an offence against the Criminal 10
Code.'. 11
Division 2 Amendments of Transport 12
Operations (Road Use Management) 13
Act 1995 for road safety purposes 14
involving relevant drugs etc. 15
Clause 54 Act amended in div 2 16
This division amends the Transport Operations (Road Use 17
Management Act) 1995. 18
Clause 55 Amendment of s 79 (Driving etc. whilst under influence of 19
liquor or drugs or with prescribed concentration of 20
alcohol in blood or breath) 21
(1) Section 79, heading-- 22
omit, insert-- 23
`79 Vehicle offences involving liquor or other drugs'. 24
(2) Section 79(1D), (1E), (2F), (2G), (2H), (2I), (6)(d) and (9), 25
after `(2),'-- 26
insert-- 27
`(2AA),'. 28
(3) After section 79(2)-- 29
s 55 37 s 55
Transport Legislation and Another Act Amendment
Bill 2006
insert-- 1
`(2AA) Offence of driving etc. while relevant drug is present in blood 2
or saliva 3
Any person who, while a relevant drug is present in the 4
person's blood or saliva-- 5
(a) drives a motor vehicle, tram, train or vessel; or 6
(b) attempts to put in motion a motor vehicle, tram, train or 7
vessel; or 8
(c) is in charge of a motor vehicle, tram, train or vessel; 9
is guilty of an offence and liable to a penalty not exceeding 14 10
penalty units or to imprisonment for a term not exceeding 3 11
months.'. 12
(4) Section 79-- 13
insert-- 14
`(5) Conviction for offence under subsection (2AA) in particular 15
circumstances 16
If, on the hearing of a complaint of an offence against 17
subsection (1), the court is satisfied-- 18
(a) as to all the elements of the offence charged other than 19
the element of the defendant's being under the influence 20
of liquor or a drug at the material time; and 21
(b) that at the material time there was a relevant drug 22
present in the defendant's blood or saliva; 23
the court must convict the defendant of the offence under 24
subsection (2AA) that is established by the evidence. 25
`(5A) Subsection (5) does not limit subsections (4) and (4A).'. 26
(5) Section 79(6), after `(2)(c),'-- 27
insert-- 28
`(2AA)(c),'. 29
(6) Section 79(6)(a), from `whilst' to `no alcohol limit; and'-- 30
omit, insert-- 31
s 56 38 s 57
Transport Legislation and Another Act Amendment
Bill 2006
`while any of the following circumstances relevant to a 1
conviction on the complaint applied-- 2
(iii) the defendant was under the influence of liquor or 3
a drug; 4
(iv) the defendant was over-- 5
(A) the general alcohol limit; or 6
(B) if at the material time the defendant was a 7
person to whom subsection (2A), (2B) or 8
(2J) referred--the no alcohol limit; 9
(v) there was a relevant drug present in the defendant's 10
blood or saliva; and'. 11
Clause 56 Amendment of s 79B (Immediate suspension or 12
disqualification) 13
(1) Section 79B(1)(b), after `breath'-- 14
insert-- 15
`or saliva'. 16
(2) Section 79B(1)(c), after `79(2),'-- 17
insert-- 18
`(2AA),'. 19
Clause 57 Amendment of s 80 (Provisions with respect to breath 20
tests and laboratory tests) 21
(1) Section 80, heading-- 22
omit, insert-- 23
`80 Breath and saliva tests, and analysis and laboratory 24
tests'. 25
(2) Section 80(1), definition authorised police officer-- 26
omit. 27
(3) Section 80(1)-- 28
insert-- 29
s 57 39 s 57
Transport Legislation and Another Act Amendment
Bill 2006
`authorised police officer means any police officer authorised 1
by the commissioner under subsection (8G) to operate either 2
or both of the following-- 3
(a) a breath analysing instrument; 4
(b) a saliva analysing instrument. 5
saliva analysing instrument means an instrument, that is 6
approved under a regulation, for finding out whether a 7
relevant drug is present in a person's saliva by analysing a 8
specimen of the person's saliva. 9
saliva analysis, for a specimen of saliva, means analysis of the 10
specimen by using a saliva analysing instrument and, if the 11
saliva analysing instrument indicates the presence of a 12
relevant drug in the specimen, analysis of another part of the 13
specimen of saliva by a laboratory test approved under a 14
regulation. 15
saliva test means a test to obtain an indication of the presence 16
of a relevant drug in a person's saliva by using a device 17
approved under a regulation. 18
specimen, in relation to saliva, includes parts of the saliva 19
specimen.'. 20
(4) Section 80(1A), after `breath test or analysis'-- 21
insert-- 22
`, a specimen of saliva for a saliva test or for saliva analysis'. 23
(5) Section 80, after subsection (2)-- 24
insert-- 25
`(2AA) Request for specimen of saliva 26
A police officer may require any person found by the officer 27
or who the officer suspects on reasonable grounds was during 28
the last preceding 3 hours-- 29
(a) driving a motor vehicle, tram or train on a road or 30
elsewhere; or 31
(b) attempting to put in motion a motor vehicle, tram or 32
train on a road or elsewhere; or 33
s 57 40 s 57
Transport Legislation and Another Act Amendment
Bill 2006
(c) in charge of a motor vehicle, tram or train on a road or 1
elsewhere; or 2
(d) driving or in charge of or attempting to put in motion a 3
vessel being used or apparently about to be used in 4
navigation; 5
to provide a specimen of saliva for a saliva test by the person.'. 6
(6) Section 80(2A), after `by the person'-- 7
insert-- 8
`, a specimen of saliva for a saliva test by the person or both'. 9
(7) Section 80(2B)(a), `under subsection (2)'-- 10
omit, insert-- 11
`, a specimen of saliva for a saliva test by the person, or both, 12
under subsection (2), (2AA)'. 13
(8) Section 80(2B)(b), after `specimen of breath'-- 14
insert-- 15
`or saliva'. 16
(9) Section 80(2B)(b), after `breath test'-- 17
insert-- 18
`or saliva test'. 19
(10) Section 80(2C)-- 20
omit, insert-- 21
`(2C) More than 1 specimen may be required 22
Under subsection (2), (2AA) or (2A), the police officer may 23
require the person to provide as many specimens of breath or 24
saliva, or both, as the police officer considers reasonably 25
necessary to carry out the breath test, the saliva test or both.'. 26
(11) Section 80(3), from `(2)' to `specimen of breath'-- 27
omit, insert-- 28
`(2), (2AA) or (2A) may require the person in question to 29
provide the specimen of breath or saliva'. 30
(12) Section 80(3)(c), from `approved'-- 31
s 57 41 s 57
Transport Legislation and Another Act Amendment
Bill 2006
omit, insert-- 1
`that the police officer may use for carrying out a breath test 2
or saliva test if the police does not have a device for the 3
relevant test with him or her.'. 4
(13) Section 80(4)-- 5
omit, insert-- 6
`(4) Time limits for requirement for specimen 7
A requirement must not be made under subsection (2), (2AA) 8
or (2A) unless it is made as soon as practicable and within the 9
following period after the event happens that authorises the 10
police officer to make the requirement under the subsection-- 11
(a) for a specimen of breath for a breath test--2 hours; 12
(b) for a specimen of saliva for a saliva test--3 hours.'. 13
(14) Section 80(5), from `(2)' to `a breath test'-- 14
omit, insert-- 15
`(2), (2AA) or (2A) to provide at a police station or other 16
place a specimen of breath for a breath test, or of saliva for a 17
saliva test,'. 18
(15) Section 80(5A), from `(2)' to `by the person,'-- 19
omit, insert-- 20
`(2), (2AA) or (2A) to provide a specimen of breath for a 21
breath test, or a specimen of saliva for a saliva test, by the 22
person'. 23
(16) Section 80(5B)(a)(i), after `specimen of breath'-- 24
insert-- 25
`, a specimen of saliva or both a specimen of breath and of 26
saliva'. 27
(17) Section 80(5B)(a)(ii), `the specimen'-- 28
omit, insert-- 29
`a specimen of breath, a specimen of saliva or both a specimen 30
of breath and of saliva'. 31
(18) Section 80(5B)(b), `the specimen was'-- 32
s 57 42 s 57
Transport Legislation and Another Act Amendment
Bill 2006
omit, insert-- 1
`a specimen of breath, a specimen of saliva or both a specimen 2
of breath and of saliva was'. 3
(19) Section 80(5B)(b), `the specimen or'-- 4
omit, insert-- 5
`the specimen as required or'. 6
(20) Section 80(5B)(b), `the specimen other'-- 7
omit, insert-- 8
`the specimen as required other'. 9
(21) Section 80(6)-- 10
insert-- 11
`(ab) it appears to a police officer in consequence of a saliva 12
test carried out by the officer on a specimen of saliva of 13
any person that a relevant drug is present in the person's 14
saliva; or'. 15
(22) Section 80(6)(b), from `(2)' to `breath test'-- 16
omit, insert-- 17
`(2), (2AA) or (2A) to provide a specimen of breath for a 18
breath test, or a specimen of saliva for a saliva test,'. 19
(23) Section 80(6)(ca), (d)(ii) and (e) and (8)(c), after `of breath'-- 20
insert-- 21
`or by a saliva analysing instrument of a specimen of saliva'. 22
(24) Section 80(8), from `to provide'-- 23
omit, insert-- 24
`to provide 1 or more of the following as any police officer 25
requires-- 26
(d) a specimen of the person's breath for analysis by a 27
breath analysing instrument; 28
(e) a specimen of the person's saliva for saliva analysis; 29
(f) a specimen of the person's blood for a laboratory test.'. 30
(25) Section 80(8B)(b)-- 31
s 57 43 s 57
Transport Legislation and Another Act Amendment
Bill 2006
omit, insert-- 1
`(b) to a police station, vehicle or vessel where facilities are 2
available for either or both of the following-- 3
(i) analysing a specimen of breath by a breath 4
analysing instrument; 5
(ii) analysing a specimen of saliva by a saliva 6
analysing instrument; or'. 7
(26) Section 80(8C) and (8D)-- 8
omit, insert-- 9
`(8C) Police officer may require specimen if person at hospital 10
If a person whom a police officer may require under 11
subsection (2), (2AA) or (2A) to provide a specimen of breath 12
for a breath test, or a specimen of saliva for a saliva test, by 13
the person (an authorising requirement) is at the hospital for 14
treatment, that person may be required by any police officer to 15
provide at the hospital-- 16
(a) if the specimen that may be required under the 17
authorising requirement is a specimen of breath--a 18
specimen of the person's breath for analysis by a breath 19
analysing instrument or a specimen of the person's 20
blood for a laboratory test; or 21
(b) if the specimen that may be required under the 22
authorising requirement is a specimen of saliva--a 23
specimen of the person's saliva for saliva analysis or a 24
specimen of the person's blood for a laboratory test. 25
`(8D) Limitation applying to requisition under subsection (8C) 26
A requirement for a person to provide a specimen under 27
subsection (8C) must not be made under the subsection 28
unless-- 29
(a) a doctor who is familiar with the person's injuries and 30
apparent state of health at the time of the requirement 31
approves of the person providing the specimen; and 32
(b) the requirement is made as soon as practicable and-- 33
(i) if the specimen that may be required under the 34
authorising requirement is a specimen of 35
s 57 44 s 57
Transport Legislation and Another Act Amendment
Bill 2006
breath--within 2 hours of the event that authorises 1
the police officer to make the authorising 2
requirement; or 3
(ii) if the specimen that may be required under the 4
authorising requirement is a specimen of 5
saliva--within 3 hours of the event that authorises 6
the police officer to make the authorising 7
requirement.'. 8
(27) Section 80(8E), after `breath'-- 9
insert-- 10
`or saliva'. 11
(28) Section 80(8E), after `subsection (5B)(a)'-- 12
insert-- 13
`material to the provision of the specimen'. 14
(29) Section 80-- 15
insert-- 16
`(8FA) Providing a specimen of saliva 17
A person required under subsection (8) or (8C) to provide a 18
specimen of the person's saliva for saliva analysis must do so 19
by-- 20
(a) placing a collection unit, that is prescribed under a 21
regulation, into or adjacent to the person's mouth when 22
directed by the doctor or authorised police officer 23
operating, or who is to operate, a saliva analysing 24
instrument; and 25
(b) while providing the specimen, holding or otherwise 26
dealing with the collection unit, in a way prescribed 27
under a regulation, until told to stop by the doctor or 28
authorised police officer.'. 29
(30) Section 80(8G), from `to operate'-- 30
omit, insert-- 31
`to operate either or both of the following on being satisfied 32
the officer is competent to operate the instrument-- 33
s 57 45 s 57
Transport Legislation and Another Act Amendment
Bill 2006
(a) a breath analysing instrument; 1
(b) a saliva analysing instrument.'. 2
(31) Section 80(8I), from `instrument'-- 3
omit, insert-- 4
`instrument or saliva analysing instrument is, in the absence of 5
proof to the contrary, proof that the named police officer is so 6
authorised.'. 7
(32) Section 80(8J), after `instrument'-- 8
insert-- 9
`or saliva analysing instrument'. 10
(33) Section 80(8J)(b), after `analysis'-- 11
insert-- 12
`or the specimen of saliva for a saliva test or saliva analysis'. 13
(34) Section 80(8L)(a), after `instrument'-- 14
insert-- 15
`, a specimen of the person's saliva for saliva analysis'. 16
(35) Section 80(8L)(b)(i), `of breath or a specimen of blood'-- 17
omit, insert-- 18
`that was required'. 19
(36) Section 80(8L)(b)(ii), `instrument;'-- 20
omit, insert-- 21
`instrument or a specimen of saliva for saliva analysis;'. 22
(37) Section 80(8L)(b)(ii)(A), `breath analysing instrument'-- 23
omit, insert-- 24
`relevant breath analysing instrument or saliva analysing 25
instrument'. 26
(38) Section 80(8L)(b)(ii)(A), after `specimen'-- 27
omit, insert-- 28
`or saliva specimen'. 29
s 57 46 s 57
Transport Legislation and Another Act Amendment
Bill 2006
(39) Section 80(8L)(b)(ii)(B), from `the purpose of'-- 1
omit, insert-- 2
`analysing the breath specimen or the saliva analysing 3
instrument for analysing the saliva specimen; or'. 4
(40) Section 80(8L)(b)(ii)(C), `the breath analysing'-- 5
omit, insert-- 6
`for an analysis by a breath analysing instrument, the'. 7
(41) Section 80(8M), after `breath'-- 8
insert-- 9
`, saliva'. 10
(42) Section 80(9), after `by a breath analysing instrument,'-- 11
insert-- 12
`or the person's saliva for saliva analysis,'. 13
(43) Section 80(9)(d)-- 14
omit, insert-- 15
`(d) if-- 16
(i) the analysis by the breath analysing instrument of 17
the specimen of breath provided under the 18
requisition indicates either that there is no alcohol 19
in the person's blood or breath or that the 20
concentration of alcohol in the person's blood or 21
breath does not reasonably explain the external 22
signs exhibited and observed; or 23
(ii) the analysis by the saliva analysing instrument of 24
the specimen of saliva provided under the 25
requisition indicates that there is no relevant drug 26
in the person's saliva;'. 27
(44) Section 80(10)(a)-- 28
omit, insert-- 29
`(a) is a person whom a police officer may-- 30
(i) require under subsection (2) or (2A) to provide a 31
specimen of breath for a breath test; or 32
s 57 47 s 57
Transport Legislation and Another Act Amendment
Bill 2006
(ii) require under subsection (2AA) or (2A) to provide 1
a specimen of saliva for a saliva test; and'. 2
(45) Section 80(10E), after `relating to a person'-- 3
insert-- 4
`mentioned in subsection (10)(a)(i)'. 5
(46) Section 80-- 6
insert-- 7
`(10EA) Limitation on requiring specimen of blood when specimen of 8
saliva previously analysed 9
Also, a police officer must not make a requirement under 10
subsection (10) relating to a person mentioned in subsection 11
(10)(a)(ii) if-- 12
(a) under this section, the person has provided a specimen 13
of saliva for saliva analysis in relation to the occurrence 14
or event in relation to which the police officer may 15
require a specimen of saliva for a saliva test as 16
mentioned in subsection (10)(a); and 17
(b) the specimen for saliva analysis has been analysed by a 18
saliva analysing instrument; and 19
(c) there is a notice given to the police officer as mentioned 20
in subsection (15AB)(b)(i) for the analysis.'. 21
(47) Section 80(11)-- 22
omit, insert-- 23
`(11) Guilt of offence and liability for failing to provide specimen 24
If a police officer makes a requisition under subsection (8), 25
(8C) or (9) in relation to a person and the person fails to 26
provide as prescribed in this section-- 27
(a) a specimen of the person's breath for analysis by a 28
breath analysing instrument; or 29
(b) a specimen of the person's saliva for saliva analysis; or 30
(c) a specimen of the person's blood for a laboratory test; 31
each of the following applies-- 32
s 57 48 s 57
Transport Legislation and Another Act Amendment
Bill 2006
(d) the person is guilty of an offence that is taken to be an 1
offence against the appropriate provision of section 2
79(1); 3
(e) the person is liable to the same punishment in all 4
respects, including disqualification from holding or 5
obtaining a Queensland driver licence, as the person 6
would be if the offence were actually an offence 7
committed by the person against the appropriate 8
provision of section 79(1).'. 9
(48) After section 80(15A)-- 10
insert-- 11
`(15AB) Saliva analysis instrument record and notices 12
As soon as practicable after a specimen of saliva provided 13
under a requisition has been analysed by means of a saliva 14
analysing instrument, the doctor or authorised police officer 15
operating the instrument must-- 16
(a) enter details in a record, prescribed under a regulation, 17
about the analysis, including the date and time at which 18
the analysis was made and whether a relevant drug was 19
present in the saliva that has been analysed, and sign the 20
record for the entry; and 21
(b) give a notice, in the approved form, about the result of 22
the analysis to each of the following-- 23
(i) the police officer who made the requisition; 24
(ii) the person whose saliva has been analysed (or to 25
another person on behalf of that person on request 26
by that other person). 27
`(15AC) Approved form for person whose saliva is tested is to include 28
particular matters 29
If a relevant drug is present in analysed saliva, the approved 30
form given to a person as mentioned in subsection 31
(15AB)(b)(ii) for the analysis must include notice about each 32
of the following-- 33
(a) the person may request a specimen of the person's saliva 34
be given to him or her as stated in subsection (20A); 35
s 57 49 s 57
Transport Legislation and Another Act Amendment
Bill 2006
(b) another part of the specimen that was analysed by the 1
saliva analysing instrument will be delivered to a 2
laboratory of an analyst to be tested for the presence of a 3
relevant drug.'. 4
(49) Section 80(15B), after `for analysis'-- 5
insert-- 6
`or saliva for saliva analysis'. 7
(50) Section 80(15B), `shall, as soon as practicable thereafter'-- 8
omit, insert-- 9
`or the saliva analysing instrument must, as soon as 10
practicable after the person fails to provide the specimen'. 11
(51) Section 80(15B)-- 12
insert-- 13
`(ba) whether the requisition was for a specimen of the 14
person's breath for analysis or saliva for saliva analysis; 15
and'. 16
(52) Section 80(15B)(c) and (d), after `analysing instrument'-- 17
insert-- 18
`or saliva analysing instrument'. 19
(53) Section 80(15B)(e) and (h), after `breath'-- 20
insert-- 21
`or saliva'. 22
(54) Section 80(15F)(a), after `analysis'-- 23
insert-- 24
`or saliva for saliva analysis'. 25
(55) Section 80(15F)(b), after `breath'-- 26
insert-- 27
`or saliva'. 28
(56) Section 80(15F)(c), after `instrument'-- 29
insert-- 30
s 57 50 s 57
Transport Legislation and Another Act Amendment
Bill 2006
`or saliva analysing instrument'. 1
(57) Section 80(15F)(c), `of breath'-- 2
omit. 3
(58) Section 80(16) and (16A)-- 4
omit, insert-- 5
`(16) Delivery of blood, urine or saliva specimen to laboratory 6
As soon as practicable after-- 7
(a) a specimen of blood or urine has been obtained under 8
this section; or 9
(b) a specimen of saliva has been obtained under this 10
section and a notice is given to a police officer as 11
mentioned in section (15AB)(b)(i) stating that a relevant 12
drug was present in the analysed specimen of saliva; 13
the police officer who required the specimen must deliver it, 14
or arrange for it to be delivered on the police officer's behalf, 15
to the laboratory of an analyst. 16
`(16A) Prescribed delivery of specimen to laboratory 17
The specimen of blood, urine or saliva to be delivered under 18
subsection (16) must be delivered to the analyst's laboratory 19
in the way prescribed under a regulation.'. 20
(59) Section 80(16B)(a), `blood'-- 21
omit, insert-- 22
`blood, or a specimen of the saliva, as stated in the certificate 23
(the delivered specimen)'. 24
(60) Section 80(16B)(b), `such'-- 25
omit, insert-- 26
`the delivered'. 27
(61) Section 80(16B)(c)-- 28
omit, insert-- 29
`(c) that-- 30
(i) if the delivered specimen was a specimen of 31
blood-- 32
s 57 51 s 57
Transport Legislation and Another Act Amendment
Bill 2006
(A) the concentration of alcohol in the person's 1
blood indicated by the laboratory test was a 2
stated number of milligrams of alcohol in the 3
blood per 100mL of blood; or 4
(B) a stated drug or metabolite of a stated drug 5
was indicated by the laboratory test to be 6
present in the person's blood; or 7
(ii) if the delivered specimen was a specimen of 8
saliva--a stated relevant drug or metabolite of a 9
stated relevant drug was indicated by the 10
laboratory test to be present in the person's saliva;'. 11
(62) Section 80(16C) and (16E)(a), after `laboratory test'-- 12
insert-- 13
`, or the person's saliva for saliva analysis,'. 14
(63) Section 80(16C)(c) and (f) and (16E)(b), after `of blood'-- 15
insert-- 16
`or saliva'. 17
(64) Section 80(16F)-- 18
insert-- 19
`Note-- 20
21
The reference to drug in this subsection, because of its generality,
22
includes a relevant drug.'.
(65) Section 80(16G)-- 23
omit, insert-- 24
`(16FA) Three hours proof of relevant drug presence by laboratory test 25
Evidence by an analyst, or by a certificate referred to in 26
subsection (16B), that a stated relevant drug or metabolite of a 27
stated relevant drug is indicated to be present in the blood or 28
saliva of a person by a laboratory test of a specimen of the 29
blood or saliva of the person, subject to subsection (16G), is 30
conclusive evidence of the presence of the stated relevant drug 31
or the metabolite of the stated relevant drug in the person's 32
blood or saliva-- 33
s 57 52 s 57
Transport Legislation and Another Act Amendment
Bill 2006
(a) at the time (being for a certificate the date and time 1
stated in the certificate) when the person provided the 2
specimen; and 3
(b) at a material time in any proceedings if the specimen 4
was provided not more than 3 hours after the material 5
time; and 6
(c) at all material times between those times. 7
`(16G) Evidence may be negatived 8
The defendant may negative the evidence mentioned in 9
subsection (16F) or (16FA) if the defendant proves the result 10
of the laboratory test of that specimen of blood or saliva was 11
not a correct result.'. 12
(66) Section 80(16H), after `laboratory test'-- 13
insert-- 14
`, or the specimen of saliva for saliva analysis,'. 15
(67) Section 80(16L), after `blood'-- 16
insert-- 17
`or of saliva'. 18
(68) Section 80(18), after `laboratory test'-- 19
insert-- 20
`, or a specimen of saliva for saliva analysis,'. 21
(69) Section 80(19), `, or arranges for a specimen of blood'-- 22
omit, insert-- 23
`(the specimen), or a specimen of saliva (also the specimen), 24
or arranges for the specimen'. 25
(70) Section 80(19)(b), `of blood'-- 26
omit. 27
(71) Section 80(20), after `laboratory test'-- 28
insert-- 29
`, or a specimen of saliva for saliva analysis,'. 30
(72) Section 80(20), from `request'-- 31
s 57 53 s 57
Transport Legislation and Another Act Amendment
Bill 2006
omit, insert-- 1
`request-- 2
(a) the health care professional who took the specimen of 3
blood to give the person a specimen of the person's 4
blood; or 5
(b) the police officer or heath care professional who took 6
the specimen of saliva for saliva analysis to give to the 7
person a part of the specimen of the person's saliva.'. 8
(73) Section 80(20A), from `blood' to `professional'-- 9
omit, insert-- 10
`blood or saliva, the health care professional or the police 11
officer'. 12
(74) Section 80(22)(b)-- 13
omit, insert-- 14
`(ab) the analysis by means of a saliva analysing instrument 15
of a specimen of saliva of a person required by a police 16
officer to be provided under subsection (8) or (8C) 17
indicates that a relevant drug is present in the person's 18
saliva; or 19
(b) a person required to provide a specimen of breath, or a 20
specimen of saliva for saliva analysis, as mentioned in 21
paragraph (a) or (ab) fails to provide the specimen as 22
prescribed under subsections (8) to (8L); or'. 23
(75) Section 80(22)(ba), after `for analysis'-- 24
insert-- 25
`, a specimen of saliva for saliva analysis'. 26
(76) Section 80(22)(ba)(iii)(A), after `the person's breath'-- 27
insert-- 28
`or a saliva analysing instrument is not available to analyse a 29
specimen of the person's saliva'. 30
(77) Section 80(22)(ba)(iii)(B), after `laboratory test'-- 31
insert-- 32
s 57 54 s 57
Transport Legislation and Another Act Amendment
Bill 2006
`or a specimen of saliva for saliva analysis,'. 1
(78) Section 80(22)(c), after `a breath test'-- 2
insert-- 3
`, or saliva for a saliva test,'. 4
(79) Section 80(22)(c)-- 5
insert-- 6
`(ia) it appears to the police officer in consequence of 7
the saliva test carried out by the officer that the 8
device by means of which the test is carried out 9
indicates a relevant drug is present in the person's 10
saliva; or'. 11
(80) Section 80(22)(c)(ii), after `of breath'-- 12
insert-- 13
`or saliva'. 14
(81) Section 80(22AA)(a), after `(22)(a)'-- 15
insert-- 16
`or (ab)'. 17
(82) Section 80(22AA)(d), after `subsection (22)(c)(i)'-- 18
insert-- 19
`, or the saliva test of the specimen of the person's saliva 20
mentioned in subsection (22)(c)(ia),'. 21
(83) Section 80(23), after `blood'-- 22
insert-- 23
`or saliva'. 24
(84) Section 80(24), from `Evidence' to `at a time material to'-- 25
omit, insert-- 26
`Evidence of either or both of the following-- 27
(a) the presence of the concentration of alcohol in the blood 28
or breath of a person, or the concentration of a drug or 29
metabolite of a drug (other than a relevant drug or a 30
metabolite of a relevant drug) in the blood of a person; 31
s 58 55 s 58
Transport Legislation and Another Act Amendment
Bill 2006
(b) the presence of a relevant drug in the blood or saliva of a 1
person; 2
at a time material to'. 3
(85) Section 80(26)(b), from `blood' to `(16F)'-- 4
omit, insert-- 5
`blood or saliva referred to in subsection (16F) or (16FA)'. 6
(86) Section 80(28) and (29)(b)(i), after `blood'-- 7
insert-- 8
`or saliva'. 9
(87) Section 80(30)(b), after `blood'-- 10
insert-- 11
`or saliva'. 12
Clause 58 Insertion of new section 80AA 13
After section 80-- 14
insert-- 15
`80AA Limitation on use of saliva for saliva test or saliva 16
analysis and related matters 17
`(1) This section applies to a specimen of saliva for a saliva test or 18
for saliva analysis obtained under section 80 from a person. 19
`(2) The specimen must not be used for-- 20
(a) DNA analysis to help decide whether or not the person 21
may be a suspect in relation to an offence; or 22
(b) for a purpose stated in the Police Powers and 23
Responsibilities Act 2000, section 537. 24
25
Note for subsection (2)--
26
Matters mentioned in subsection (2) are regulated under the Police
27
Powers and Responsibilities Act 2000, chapters 17 and 18.
`(3) If the saliva test or saliva analysis does not indicate the 28
presence of a relevant drug in the person's saliva, the 29
specimen must be destroyed as soon as possible after the 30
result is known. 31
s 59 56 s 61
Transport Legislation and Another Act Amendment
Bill 2006
`(4) If a saliva test or saliva analysis indicates the presence of a 1
relevant drug in the person's saliva, the specimen must be 2
destroyed as soon as possible after the results are no longer 3
necessary for proceedings against the person, including an 4
appeal about a conviction under this or another Act.'. 5
Clause 59 Amendment of s 86 (Disqualification of drivers of motor 6
vehicles for certain offences) 7
(1) Section 86(1)(b), (1F), (1G), (2), (2B), (2D), (2F), (3E) and 8
(3F), after `79(2),'-- 9
insert-- 10
`(2AA),'. 11
(2) Section 86(2A) and (2C), after `defendant'-- 12
insert-- 13
`, or the presence of a relevant drug in the defendant's blood 14
or saliva,'. 15
Clause 60 Amendment of s 87 (Issue of restricted licence to 16
disqualified person) 17
Section 87(5)-- 18
insert-- 19
`(dc) if-- 20
(i) the disqualification for which the application is 21
made resulted from the applicant's conviction for 22
an offence against section 79(2AA); and 23
(ii) the applicant is a person to whom section 79(2A), 24
(2B), (2D) or (2J) would have applied if, at the 25
time of the offence, the person were over the no 26
alcohol limit but not over the general alcohol 27
limit;'. 28
Clause 61 Replacement of s 112 (Use of speed detection devices) 29
Section 112-- 30
s 62 57 s 62
Transport Legislation and Another Act Amendment
Bill 2006
omit, insert-- 1
`112 Use of speed detection devices 2
`When using a radar speed detection device or laser-based 3
speed detection device, a police officer must comply with-- 4
(a) the appropriate Australian Standard for using the device, 5
as in force from time to time; or 6
(b) if there is no appropriate Australian Standard for using 7
the device in force at the time of the use--the 8
manufacturer's specifications for the device.'. 9
Clause 62 Amendment of s 124 (Facilitation of proof) 10
(1) Section 124(1)(pa) and (pb)-- 11
omit, insert-- 12
`(pa) a certificate purporting to be signed by the 13
commissioner and stating a particular stated induction 14
loop speed detection device, laser-based speed detection 15
device, piezo strip speed detection device or radar speed 16
detection device-- 17
(i) was tested at a stated time in accordance with-- 18
(A) the appropriate Australian Standard for 19
testing the device, as in force on the day of 20
testing; or 21
(B) if there is no appropriate Australian Standard 22
for testing the device in force on the day of 23
testing--the manufacturer's specifications; 24
and 25
(ii) was found to produce accurate results at the time of 26
testing; 27
is evidence that the device was producing accurate 28
results when so tested and for 1 year after the day of 29
testing; 30
(pb) a certificate purporting to be signed by a police officer 31
stating a particular stated laser-based speed detection 32
device or radar speed detection device was used by the 33
officer at a stated time in accordance with-- 34
s 62 58 s 62
Transport Legislation and Another Act Amendment
Bill 2006
(i) the appropriate Australian Standard for using the 1
device, as in force on the day of use; or 2
(ii) if there is no appropriate Australian Standard for 3
using the device in force on the day of use--the 4
manufacturer's specifications; 5
is evidence of the matters stated;'. 6
(2) Section 124(1)(pd) and (pe)-- 7
omit. 8
(3) Section 124(1)(pf), after `photographic detection device'-- 9
insert-- 10
`used in conjunction with a stated induction loop speed 11
detection device, laser-based speed detection device, piezo 12
strip speed detection device or radar speed detection device'. 13
(4) Section 124(1)(pf)(i) and (ii)-- 14
omit, insert-- 15
`(i) tested at a stated time under paragraph (pa); and 16
(ii) found to produce accurate results at the time of 17
testing; 18
(5) Section 124(1)(tb) and (u), after `breath analysing 19
instrument'-- 20
insert-- 21
`or saliva analysing instrument'. 22
(6) Section 124(4)(a)-- 23
omit, insert-- 24
`(a) the accuracy of a speed detection device or vehicle 25
speedometer accuracy indicator for which a certificate is 26
given under subsection (1); or'. 27
(7) Section 124(4)(b), `the radar or laser speed detection'-- 28
omit, insert-- 29
`the relevant'. 30
s 63 59 s 64
Transport Legislation and Another Act Amendment
Bill 2006
Clause 63 Amendment of s 143 (Confidentiality) 1
(1) Section 143(1), after the penalty-- 2
insert-- 3
4
`Note--
5
Generally, under section 144, provisions of this Act about offences do
6
not apply to a police officer while exercising a power or performing a
7
function under this or another Act. However, the Police Service
8
Administration Act 1990, section 10.1 provides for an offence if a police
9
officer discloses information that the police officer should not disclose.'.
(2) Section 143(3)-- 10
insert-- 11
`information includes a specimen provided by or taken from a 12
person.'. 13
Clause 64 Insertion of new ch 7, pt 9 14
After section 205-- 15
insert-- 16
`Part 9 Transitional provision for 17
Transport Legislation and 18
Another Act Amendment Act 19
2006 20
`206 Definitions for pt 9 21
`In this part-- 22
amending Act means the Transport Legislation and Another 23
Act Amendment Act 2006. 24
`207 No saliva testing or saliva analysis for 1 month after 25
commencement 26
`Despite the commencement of part 9, division 2 of the 27
amending Act, a saliva test or specimen of saliva for saliva 28
analysis is not to be taken or obtained under this Act until 1 29
month after the commencement. 30
s 65 60 s 66
Transport Legislation and Another Act Amendment
Bill 2006
`208 Certificates under s 124 1
`A certificate given under section 124(1)(pa), (pb), (pd), (pe) 2
or (pf), as in force immediately before the commencement of 3
section 621 of the amending Act in relation to a proceeding 4
started before that commencement but not decided before that 5
commencement may continue to be used in or in relation to 6
that proceeding after that commencement. 7
`209 Updated text 8
`The object of the amendment of this Act by schedules 2 and 3 9
of the amending Act is to improve the readability of the 10
provisions amended in the schedules and is not intended to 11
affect their meaning.'. 12
Clause 65 Amendment of sch 4 (Dictionary) 13
Schedule 4-- 14
insert-- 15
`relevant drug, for chapter 5, part 3, means a drug prescribed 16
under a regulation. 17
saliva analysis, for a specimen of saliva, see section 80(1). 18
saliva test see section 80(1). 19
specimen, in relation to saliva, see section 80(1).'. 20
Clause 66 Further amendments in schs 2 and 3 21
(1) Schedule 2 further amends the Transport Operations (Road 22
Use Management Act) 1995. 23
(2) Also, schedule 3 amends the Transport Operations (Road Use 24
Management) Act 1995, sections 79 and 80 by stating 25
subsection headings that are to be inserted in the sections for 26
the subsections stated in the schedule. 27
1 Transport Legislation and Another Act Amendment Act 2006, section 62
(Amendment of s 124 (Facilitation of proof))
s 67 61 s 68
Transport Legislation and Another Act Amendment
Bill 2006
Part 10 Amendment of Transport 1
Planning and Coordination Act 2
1994 3
Clause 67 Act amended in pt 10 4
This part amends the Transport Planning and Coordination 5
Act 1994. 6
Clause 68 Replacement of s 8E (Guidelines for ss 8B-8D) 7
Section 8E-- 8
omit, insert-- 9
`8E Guidelines for pt 2A 10
`(1) The chief executive may make guidelines-- 11
(a) about a matter mentioned in section 8A; or 12
(b) for the purposes of sections 8B to 8D. 13
`(2) The guidelines may also-- 14
(a) identify a particular transport facility, transport corridor 15
or parcel of land; and 16
(b) include other matters relevant to subsection (1)(a) or (b). 17
`(3) A person must have regard to relevant guidelines when-- 18
(a) planning or carrying out development under the 19
Integrated Planning Act 1997; or 20
(b) making changes to the management of a local 21
government road; or 22
(c) making proposals in relation to the provision of public 23
passenger transport. 24
`(4) The chief executive must give a copy of the guidelines to 25
every local government affected by the guidelines. 26
`(5) In this section-- 27
transport corridor includes a future transport corridor. 28
transport facility includes a future transport facility.'. 29
62
Transport Legislation and Another Act Amendment
Bill 2006
Schedule 1 Minor amendments of 1
Transport Infrastructure Act 2
1994 3
section 19 4
1 Section 239A-- 5
renumber as section 239AI. 6
2 Section 240, heading, `Lease'-- 7
omit, insert-- 8
`Sublease'. 9
3 Section 240(4), (5), (6), and (9), definitions acquires, 10
paragraph (b) and full costs, paragraphs (a) and (b), 11
`lease'-- 12
omit, insert-- 13
`sublease'. 14
4 Section 242(2), `leased'-- 15
omit, insert-- 16
`subleased to a railway manager'. 17
5 Section 249(4)(a)(ii), `leased'-- 18
omit, insert-- 19
`subleased'. 20
6 Section 260A(1)(a), `leases'-- 21
omit, insert-- 22
`subleases'. 23
63
Transport Legislation and Another Act Amendment
Bill 2006
Schedule 1 (continued)
7 Section 260A(1)(b) and (3), `lease'-- 1
omit, insert-- 2
`sublease'. 3
8 Section 260A(1)(c) and (2), `leased'-- 4
omit, insert-- 5
`subleased'. 6
9 Section 262, `or non-rail corridor land'-- 7
omit, insert-- 8
`, non-rail corridor land or a lease granted under the lease'. 9
64
Transport Legislation and Another Act Amendment
Bill 2006
Schedule 2 Further amendment of the 1
Transport Operations (Road 2
Use Management) Act 1995 3
section 66(1) 4
1 Sections 79(1) and (7), 80(9) and (22D) and 87(5)(d)(i), 5
`whilst'-- 6
omit, insert-- 7
`while'. 8
2 Sections 79(1A), (1B), (1C), (1D), (1E), (2F), (2G), (2H), (2I) 9
and (6)(d), 86(1), (1A), (1B), (1C), (1D), (1E), (1F), (1G), (2), 10
(2B), (2D), (2E), (2F), (3A), (3B), (3C), (3D), (3E) and (3F), 11
87(4A), (5)(c) and (5)(f) and 88(3), `prior to'-- 12
omit, insert-- 13
`before'. 14
3 Section 79(1A), (1B), (1D), (1E), (2F), (2G), (2H) and (2I), `in 15
respect of'-- 16
omit, insert-- 17
`for'. 18
4 Sections 79(1B), (1C), (2H) and (2I), 80(8E), (15)(b), 19
(15B)(h) and (16C)(f), 86(1)(c), (1C), (1D),(1E), (2)(c), (2E), 20
(2F)(b), (3), (5), (5A), (5B), (5C) and (6) and 89(1) and (2), 21
`upon'-- 22
omit, insert-- 23
`on'. 24
65
Transport Legislation and Another Act Amendment
Bill 2006
Schedule 2 (continued)
5 Section 79(1C), `shall in respect of'-- 1
omit, insert-- 2
`must for'. 3
6 Section 79(2A), `has not attained the age of'-- 4
omit, insert-- 5
`is under'. 6
7 Section 79(3) and (6), `Where upon'-- 7
omit, insert-- 8
`If on'. 9
8 Sections 79(3), 80(15F), (16B), (16E), (16K), (18), (18A) and 10
(24A)(c), 83, 84(1), (1A) and (2), 85(1) and (5), 86(6) and 11
87(10), `shall be'-- 12
omit, insert-- 13
`is'. 14
9 Section 79(4), `where upon'-- 15
omit, insert-- 16
`if on'. 17
10 Sections 79(4), (4A), (6), (8A) and (9), 80(8F), (8J), (9C), 18
(15), (16C), (16H), (22A) and (26), 86(2) and (2B), 87(2A)(a), 19
(4), (6A), (7) and (8), 88(2)(a), (3) and (6) and 91, `shall'-- 20
omit, insert-- 21
`must'. 22
66
Transport Legislation and Another Act Amendment
Bill 2006
Schedule 2 (continued)
11 Sections 79(4A) and (9), 80(2A), (9), (15B), (16C), (18A) 1
and (23), 85(5), 86(5A) and (5B), 87(1), (6) and (7), 88(1), 2
89(1) and 90(1), `Where'-- 3
omit, insert-- 4
`If'. 5
12 Section 79(6)(b)(i), `, as the case may be,'-- 6
omit. 7
13 Section 79(6)(c), `a manner'-- 8
omit, insert-- 9
`a way'. 10
14 Section 79(7), penalty, `for subsection (7)'-- 11
omit. 12
15 Section 79(8), `shall not be'-- 13
omit, insert-- 14
`is not'. 15
16 Section 79(8), `by reason that'-- 16
omit, insert-- 17
`because'. 18
17 Section 79(8A), from `upon' to `complaint'-- 19
omit, insert-- 20
`, on the hearing of a complaint mentioned in subsection (8),'. 21
67
Transport Legislation and Another Act Amendment
Bill 2006
Schedule 2 (continued)
18 Section 79(8A), from `notwithstanding' to `such'-- 1
omit, insert-- 2
`even though the particular'. 3
19 Section 79(9), `determined'-- 4
omit, insert-- 5
`decided'. 6
20 Sections 79(10), 80(5B), (8E), (8F), (9C), (11A), (15), (15B), 7
(16C), (20), (22), (23), (24A) and (26), 86(5B) and(6), 8
87(5)(d)(iii), (8A) and (9) and 88(7), `pursuant to'-- 9
omit, insert-- 10
`under'. 11
21 Sections 79(10) and 80(8B)(d), `where'-- 12
omit, insert-- 13
`if'. 14
22 Section 79(10), `occasioned'-- 15
omit, insert-- 16
`caused'. 17
23 Section 79(10), `rendering'-- 18
omit, insert-- 19
`making'. 20
24 Section 79(11), `to and with respect to'-- 21
omit, insert-- 22
`in relation to'. 23
68
Transport Legislation and Another Act Amendment
Bill 2006
Schedule 2 (continued)
25 Section 79A(4), `specified'-- 1
omit, insert-- 2
`stated'. 3
26 Section 80(8E), `such police officer shall not'-- 4
omit, insert-- 5
`the police officer must not'. 6
27 Section 80(8E), `such person but shall'-- 7
omit, insert-- 8
`the person but must'. 9
28 Section 80(8H)-- 10
omit, insert-- 11
`(8H) If an authorised police officer's instrument of authority issued 12
under subsection (8G) is lost, mislaid, or destroyed or 13
otherwise can not be produced-- 14
(a) the police officer continues to be an authorised police 15
officer even though the instrument of authority has been 16
lost, mislaid, or destroyed or otherwise cannot be 17
produced; and 18
(b) the commissioner may issue to the officer a replacement 19
instrument of authority; and 20
(c) the replacement instrument of authority is taken to have 21
effect from the date the original instrument of authority 22
was issued.'. 23
29 Section 80(8I), `named therein is'-- 24
omit, insert-- 25
`named in the certificate is'. 26
69
Transport Legislation and Another Act Amendment
Bill 2006
Schedule 2 (continued)
30 Section 80(11A), `was, by reason'-- 1
omit, insert-- 2
`was, because'. 3
31 Section 80(15B), `and shall deliver'-- 4
omit, insert-- 5
`and must deliver'. 6
32 Sections 80(15F), (16E), (18) and (18A) and 84(1B), `shall, 7
upon'-- 8
omit, insert-- 9
`must, on'. 10
33 Section 80(15F)(a), (16E)(a) and (18), `named therein'-- 11
omit, insert-- 12
`named in the certificate'. 13
34 Section 80(15G), `shall, subject to subsection(15H), be'-- 14
omit, insert-- 15
`is, subject to subsection (15H),'. 16
35 Section 80(16F), `shall, subject to subsection (16G), be'-- 17
omit, insert-- 18
`is, subject to subsection (16G),'. 19
36 Section 80(16K), `Such deposition shall, upon'-- 20
omit, insert-- 21
`The deposition is, on'. 22
70
Transport Legislation and Another Act Amendment
Bill 2006
Schedule 2 (continued)
37 Section 80(16K), `be evidence'-- 1
omit, insert-- 2
`evidence'. 3
38 Section 80(18A)(a), `thereto'-- 4
omit, insert-- 5
`on the certificate'. 6
39 Section 80(22C), `shall'-- 7
omit, insert-- 8
`does'. 9
40 Section 80(24), `upon the trial upon'-- 10
omit, insert-- 11
`in the trial on'. 12
41 Section 80(24), `upon any hearing'-- 13
omit, insert-- 14
`on any hearing'. 15
42 Section 80(24), from `shall not' to `such'-- 16
omit, insert-- 17
`must not be excluded only because the'. 18
43 Section 80(24A)(b), `shall have'-- 19
omit, insert-- 20
`has'. 21
71
Transport Legislation and Another Act Amendment
Bill 2006
Schedule 2 (continued)
44 Sections 84(1C) and 90(1), `determining'-- 1
omit, insert-- 2
`deciding'. 3
45 Section 84(1C), `shall be'-- 4
omit, insert-- 5
`is to be'. 6
46 Section 85(2), `shall have'-- 7
omit, insert-- 8
`has'. 9
47 Section 86(1), `section 79(1) shall,'-- 10
omit, insert-- 11
`section 79(1) is,'. 12
48 Section 86(1), `be disqualified'-- 13
omit, insert-- 14
`disqualified'. 15
49 Section 86(1A), (1B), (1C), (1D), (1E), (1F), (1G), (2D), (2E), 16
(2F), (3A), (3B), (3C), (3D), (3E), (3F) and (4), `shall be'-- 17
omit, insert-- 18
`is'. 19
50 Section 86(2A) and (2C), `shall be determined'-- 20
omit, insert-- 21
`must be decided'. 22
72
Transport Legislation and Another Act Amendment
Bill 2006
Schedule 2 (continued)
51 Section 86(2A) and (2C), `determination, shall'-- 1
omit, insert-- 2
`decision, must'. 3
52 Section 86(3), `shall, subject to the provisions of 4
subsections (3A) to (3F), be'-- 5
omit, insert-- 6
`is, subject to subsections (3A) to (3F),'. 7
53 Section 86(5), `shall be'-- 8
omit, insert-- 9
`be'. 10
54 Section 86(5), `shall thereupon be so'-- 11
omit, insert-- 12
`, on the making of the order, is'. 13
55 Section 86(5B), `shall thereby'-- 14
omit, insert-- 15
`is'. 16
56 Section 86(5B), `be disqualified'-- 17
omit, insert-- 18
`disqualified'. 19
57 Section 86(5C), `shall commence'-- 20
omit, insert-- 21
`commences'. 22
73
Transport Legislation and Another Act Amendment
Bill 2006
Schedule 2 (continued)
58 Sections 87(2A) and 88(2), `shall be made'-- 1
omit, insert-- 2
`must be made'. 3
59 Sections 87(2A) and 88(2), from `shall be liable'-- 4
omit, insert-- 5
`may be cross-examined.'. 6
60 Section 87(6), `shall be deemed to be'-- 7
omit, insert-- 8
`is'. 9
61 Section 87(8A), `shall remain'-- 10
omit, insert-- 11
`remains'. 12
62 Section 87(10A)(b), `shall by virtue of the conviction be'-- 13
omit, insert-- 14
`is, because of the conviction,'. 15
63 Section 87(11), `shall be'-- 16
omit, insert-- 17
`are'. 18
64 Section 88(7), `shall'-- 19
omit. 20
74
Transport Legislation and Another Act Amendment
Bill 2006
Schedule 2 (continued)
65 Section 89(1), `shall from the date of the order be'-- 1
omit, insert-- 2
`is, from the date of the order,'. 3
66 Section 89(1), from `or be so'-- 4
omit, insert-- 5
`or is so disqualified for the period as the judge states in the order.'. 6
67 Section 124(1)(g), (n) and (p) `specified'-- 7
omit, insert-- 8
`stated'. 9
68 Section 124(1)(n), `date'-- 10
omit, insert-- 11
`day'. 12
69 Section 124(1)(n), `at the time'-- 13
omit, insert-- 14
`on the day'. 15
70 Section 124(1)(p), `at the time of testing and'-- 16
omit, insert-- 17
`when so tested and'. 18
71 Section 124(1)(pc)(i), after `tested'-- 19
insert-- 20
`at a stated time'. 21
75
Transport Legislation and Another Act Amendment
Bill 2006
Schedule 2 (continued)
72 Section 124(1)(pc)(ii) and (tb)(ii), `at the specified time'-- 1
insert-- 2
`at the time of testing'. 3
73 Section 124(1)(pc), `at the time of testing'-- 4
omit, insert-- 5
`when so tested'. 6
74 Section 124(1)(pf) and (tb), from `at the time of testing'-- 7
omit, insert-- 8
`when so tested and for 1 year after the day of testing;'. 9
75 Section 124(1)(r)(i)(C), (r)(v), (s)(ii) and (iii), `specified'-- 10
omit, insert-- 11
`stated'. 12
76 Section 124(1)(tb)(i), `at a specified time'-- 13
omit, insert-- 14
`at a stated time'. 15
76
Transport Legislation and Another Act Amendment
Bill 2006
Schedule 3 Insertion of subsection 1
headings 2
section 66(2) 3
Subsection headings for section 79 4
(1) Offence of driving etc. while under the influence 5
(1A) Liability under subsection (1) if convicted within 5 years 6
under subsection (1) 7
(1B) Liability under subsection (1) if convicted within 5 years on 8
indictment or against Criminal Code, s 328A 9
(1C) Liability under subsection (1) if 2 convictions within 5 years 10
under various provisions 11
(1D) Liability under subsection (1) if convicted within 5 years 12
under other subsections 13
(1E) Liability under subsection (1) if 2 convictions within 5 years 14
under other subsections 15
(2) Offence of driving etc. while over general alcohol limit but 16
not over high alcohol limit 17
(2A) Offence of driving etc. while over no alcohol limit but not 18
over general alcohol limit if particular type of driver or licence 19
(2B) Offence of driving etc. particular motor vehicles while over no 20
alcohol limit but not over general alcohol limit 21
(2C) Motor vehicles to which subsection (2B) applies 22
(2D) Offence of driving etc. tram, train or vessel while over no 23
alcohol limit but not over general alcohol limit 24
(2E) Vessels to which subsection (2D) applies 25
(2F) Liability under various subsections if conviction within 5 26
years under the subsections 27
(2G) Liability under various subsections if 2 convictions within 5 28
years under the subsections 29
77
Transport Legislation and Another Act Amendment
Bill 2006
Schedule 3 (continued)
(2H) Liability under various subsections if conviction within 5 1
years for other offences 2
(2I) Liability under various subsections if conviction within 5 3
years under the subsections and another conviction 4
(2J) Offence for particular licence holders if driving etc. while 5
over no alcohol limit but not over general alcohol limit 6
(3) Presumption that defendant is under the influence of liquor if 7
over high alcohol limit 8
(4) Conviction for offence against subsection (2), (2A), (2B), 9
(2D) or (2J) in particular circumstance 10
(4A) Conviction for offence against subsection (2) in particular 11
circumstance 12
(6) Court not to convict if satisfied of particular matters 13
(7) Offence of driving etc. animals and other things while under 14
the influence 15
(8) Use of `liquor or a drug' in charge not bad 16
(8A) Conviction even if particular influence not established 17
(9) Suspension of driver licence on failure to appear 18
(10) Court's discretion for subsection (9) order 19
(10A) Definition for subsection (10) 20
(11) Application of subsections (1)-(2J) 21
(12) Criminal Code, section 24, not applicable 22
Subsection headings for section 80 23
(1) Definitions 24
(1A) When person taken not to have provided specimen 25
(2) Request for specimen of breath 26
78
Transport Legislation and Another Act Amendment
Bill 2006
Schedule 3 (continued)
(2A) Request for specimen of breath or saliva after incident 1
(2B) Application of subsection (2C) 2
(3) Time and place for provision of specimen 3
(5) Forcible taking of person to police station or other place 4
(5A) Offence of failing to provide specimen as required 5
(5B) When person is not guilty under subsection (5A) 6
(6) Powers of police for subsections (8)-(8L) 7
(8) Particular persons under arrest or detained may be required to 8
provide specimen 9
(8A) Detaining person mentioned in subsection (8) 10
(8B) Person may be taken to particular places for subsections (8)- 11
(8L) 12
(8E) Specimen of blood must be required if doctor's certificate 13
produced 14
(8F) Providing a specimen of breath 15
(8G) Authorising a police officer to operate breath or saliva 16
analysing instrument 17
(8H) Lost, mislaid or destroyed instrument of authority 18
(8I) Certificate of commissioner about authorisation 19
(8J) Operator of analysing instrument must not be arresting officer 20
or officer who requires specimen 21
(8L) Application of subsection (8M) 22
(8M) Requiring as many specimens as considered reasonably 23
necessary 24
(9) Requiring specimen of blood or urine for laboratory test 25
(9A) Powers of a police officer making requisition under 26
subsection (9) 27
(9B) Taking of specimen of blood by health care professional 28
(9C) Providing specimen of urine as directed by doctor or nurse 29
79
Transport Legislation and Another Act Amendment
Bill 2006
Schedule 3 (continued)
(10) Requiring doctor or nurse to obtain specimen of blood for 1
laboratory test 2
(10A) Obligations of doctors and nurses when taking specimen of 3
blood 4
(10B) Qualified assistant may take specimen of blood 5
(10C) Specimen of blood also to be given to person 6
(10D) Doctor or nurse need not comply with subsection (10A) in 7
particular circumstances 8
(10E) Limitation on requiring specimen of blood when specimen of 9
breath previously provided and analysed 10
(10G) Lawful to take specimen of blood without consent 11
(11A) Person not guilty under subsection (11) in particular 12
circumstances 13
(15) Breath analysis certificate 14
(15A) Subsection (15) certificate evidence 15
(15B) Certificate of failure to provide breath or saliva specimen 16
(15F) Subsection (15B) certificate evidence 17
(15G) Evidence from breath analysing instrument 18
(15H) Evidence may be negatived 19
(16B) Certificate by analyst is evidence of stated matters 20
(16C) Certificate by health care professional of failure to provide 21
blood specimen 22
(16E) Subsection (16C) certificate evidence 23
(16F) Two hours proof of alcohol or drug concentration by 24
laboratory test 25
(16H) Adjournment of hearing for reasons relating to certificate of 26
analyst 27
(16J) Deposition about giving certificate 28
(16K) Subsection (16J) deposition evidence 29
80
Transport Legislation and Another Act Amendment
Bill 2006
Schedule 3 (continued)
(16L) Court may deal with a charge even if laboratory test result 1
unknown 2
(18) Certificate by health care professional is evidence of stated 3
matters 4
(18A) Certificate by particular person is evidence of matters relating 5
to the person 6
(19) Evidence of compliance with subsection (16A) 7
(20) Person providing specimen of blood or saliva may request 8
specimen 9
(20A) Health care professional must comply with request under 10
subsection (20) 11
(22) Application of subsection (22AA) 12
(22AA) Suspension of driver licence for 24 hours in particular 13
circumstances 14
(22A) Police officer to give statement of suspension 15
(22B) Arrest immaterial 16
(22C) No appeal lies for suspension 17
(22D) Offence of driving motor vehicle during suspension 18
(23) If doctor unavailable, police officer may take person to 19
another place for taking of specimen 20
(24) Evidence of concentration of alcohol, drug etc. is admissible 21
in trial on indictment 22
(24A) Provisions about evidence admissible under subsection (24) 23
(26) Defendant to give 14 days notice of intention to lead evidence 24
of particular matters 25
(27) Requirements for notice under subsection (26) 26
(28) Court's leave necessary for particular persons to be required 27
to attend hearing 28
81
Transport Legislation and Another Act Amendment
Bill 2006
Schedule 3 (continued)
(29) When court may grant leave under subsection (28) 1
(30) Matters for proceedings for offence against s 79 2
© State of Queensland 2006
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