Transport Operations (Passenger Transport) Regulation 2005

1Short title

This regulation may be cited as the Transport Operations (Passenger Transport) Regulation 2005.

2Definitions

The dictionary in schedule 11 defines particular words used in this regulation.

4Purpose of pt 2

The purpose of this part is to provide for matters about operator accreditation for chapter 3 of the Act.

Note—

Section 11 of the Act sets out the purpose of operator accreditation.

5Application for grant or renewal of operator accreditation

(1)A person may apply to the chief executive for the grant or renewal of operator accreditation.

(2)The application must be in the approved form.

(3)An application may be made jointly by 2 or more persons.

6Deciding application

After receiving the application for the grant or renewal of operator accreditation, the chief executive must consider it and decide—

(a)if the applicant complies with the requirements under the Act about granting or renewing operator accreditation—to grant or renew operator accreditation; or

(b)if paragraph (a) does not apply but, under section 7, the chief executive may grant the person provisional operator accreditation—to grant provisional operator accreditation; or

(c)otherwise—to refuse, under section 8, to grant or renew operator accreditation.

7Provisional operator accreditation—Act, s 18

(1)The chief executive may grant operator accreditation to the person on a provisional basis (a provisional operator accreditation)—

(a)if the person meets some but not all the standards applying to operator accreditation; or

(b)while—

(i)if the person is an individual—the criminal history of the person is being checked; or

(ii)if the person is a member of a partnership—the criminal history of the person, or another member of the partnership, is being checked; or

(iii)if the person is a corporation—the criminal history of an executive officer of the corporation is being checked.

(2)A grant under subsection (1)(a) may be subject to a condition about the person meeting all the standards applying to operator accreditation within a specified time.

(3)If, before the end of the term stated in the provisional operator accreditation as its term, the chief executive is satisfied the applicant complies with the requirements under the Act about granting or renewing operator accreditation, the chief executive may grant operator accreditation to the person.

8Refusal of operator accreditation—Act, s 17

(1)The chief executive may refuse to grant operator accreditation to a person, or to renew a person’s operator accreditation, if—

(a)for an individual—the person has been convicted of a disqualifying offence or has been charged with a disqualifying offence and the charge has not been finally disposed of; or

(b)for a member of a partnership—the person, or another member of the partnership, has been convicted of a disqualifying offence or has been charged with a disqualifying offence and the charge has not been finally disposed of; or

(c)for a corporation—the person, or an executive officer of the corporation, has been convicted of a disqualifying offence or has been charged with a disqualifying offence and the charge has not been finally disposed of.

(2)Also the chief executive may refuse to grant operator accreditation to a person, or to renew a person’s operator accreditation, if—

(a)the person does not comply with a standard applying to the operator accreditation; or

(b)an operator accreditation granted to the person has been cancelled or suspended; or

(c)the chief executive considers the person has behaved in a way that has damaged the reputation of public passenger services or accredited operators or otherwise is contrary to the encouragement of the high quality operation of public passenger services as mentioned in section 11 of the Act.

Example for paragraph (c)—

The accredited operator has been charged or convicted of an offence (other than a disqualifying offence). If the act or omission constituting the alleged offence or the offence placed at risk the safety of passengers, particularly children or other vulnerable members of the community or involved the person acting fraudulently, the chief executive may consider the person has behaved in a way that has damaged the reputation of public passenger services or accredited operators or otherwise is contrary to the encouragement of the high quality operation of public passenger services.

(3)If the chief executive refuses to grant or to renew operator accreditation in relation to a person under this section (even if the chief executive grants the person provisional operator accreditation), the chief executive must give the person a regulation notice about the decision.

Note—

Schedule 2 of the Act provides a refusal to grant or renew operator accreditation is a reviewable decision.

9Term of operator accreditation

(1)An operator accreditation is for a term, stated in the operator accreditation, of not longer than 5 years.

(2)An operator accreditation may be renewed for successive terms of not longer than 5 years.

(3)In this section—

operator accreditation includes provisional operator accreditation.

10Renewal notices

(1)This section applies if the chief executive does not send, or an accredited operator does not receive, a renewal notice for the person’s operator accreditation.

(2)The failure to send, or the non-receipt of the renewal notice, does not affect—

(a)the expiry of the operator accreditation; or

(b)the accredited operator’s obligation to renew the operator accreditation before it expires.

(3)In this section—

operator accreditation includes provisional operator accreditation.

11Amendment, suspension and cancellation of operator accreditation—Act, s 20

(1)The chief executive may amend, suspend or cancel a person’s operator accreditation if—

(a)for an individual—the person is convicted of a disqualifying offence or does not comply with a standard applying to the operator accreditation; or

(b)for a member of a partnership—the person or another member of the partnership is convicted of a disqualifying offence or does not comply with a standard applying to the operator accreditation; or

(c)for a corporation—the person, or an executive officer of the person, is convicted of a disqualifying offence or does not comply with a standard applying to the operator accreditation.

(2)Also, the chief executive may suspend or cancel a person’s operator accreditation if the chief executive considers the person has behaved in a way that has damaged the reputation of public passenger services or accredited operators or otherwise is contrary to the encouragement of the high quality operation of public passenger services as mentioned in section 11 of the Act.

Note—

See example for section 8(2)(c).

(3)Before taking the action mentioned in subsection (1) (the proposed action), the chief executive must give the person a written notice—

(a)stating the proposed action; and

(b)stating the grounds for the proposed action; and

(c)outlining the facts and circumstances forming the basis for the grounds; and

(d)if the proposed action is amendment of the operator accreditation—stating the proposed amendment; and

(e)if the proposed action is suspension of the operator accreditation—stating the proposed suspension period; and

(f)inviting the person to show, within a stated time of at least 28 days, why the proposed action should not be taken.

(4)If, after considering all written representations made within the stated time, the chief executive is satisfied a ground exists to take the proposed action, the chief executive may, by giving a regulation notice to the person—

(a)if the proposed action was to amend the operator accreditation—

(i)amend the operator accreditation in the way stated in the regulation notice; or

(ii)amend the operator accreditation in another way having regard to the representations; or

(b)if the proposed action was to suspend the operator accreditation—

(i)suspend the operator accreditation for no longer than the period stated in the regulation notice; or

(ii)amend the operator accreditation having regard to the representations; or

(c)if the proposed action was to cancel the operator accreditation—

(i)cancel the operator accreditation; or

(ii)suspend the operator accreditation for a period; or

(iii)amend the operator accreditation having regard to the representations.

Note—

Schedule 2 of the Act provides an amendment, suspension or cancellation of operator accreditation is a reviewable decision.

(5)In this section—

operator accreditation includes provisional operator accreditation.

12Immediate suspension of operator accreditation—Act, s 20

(1)The chief executive may immediately suspend a person’s operator accreditation, by giving a regulation notice to the person, if—

(a)for an individual—the person is charged with a disqualifying offence or the chief executive otherwise considers it necessary in the public interest; or

(b)for a partnership—the person or another member of the partnership is charged with a disqualifying offence or the chief executive otherwise considers it necessary in the public interest; or

(c)for a corporation—the person, or an executive officer of the person, is charged with a disqualifying offence or the chief executive otherwise considers it necessary in the public interest.

(2)The chief executive may, under subsection (1), immediately suspend the person’s operator accreditation until—

(a)if the ground is that the person has been charged with a disqualifying offence, the earlier of the following—

(i)the charge is finally disposed of;

(ii)the person’s operator accreditation expires without being renewed; or

(b)in any other case, the earlier of the following—

(i)the chief executive gives the person a regulation notice under section 11(4);

(ii)the end of 56 days after the regulation notice under subsection (1) is given to the person.

Note—

Schedule 2 of the Act provides an amendment, suspension or cancellation of operator accreditation is a reviewable decision.

(3)This section applies despite section 11.

(4)In this section—

operator accreditation includes provisional operator accreditation.

13Further action after immediate suspension

(1)This section applies if—

(a)under section 12, the chief executive immediately suspends a person’s operator accreditation; and

(b)the chief executive also proposes, under section 11, to amend, suspend or cancel the operator accreditation.

(2)The regulation notice under section 12(1) must also state the information mentioned in section 11(3) in relation to the action the chief executive proposes to take.

(3)Section 11(4) applies to the proposed action as if the regulation notice given under section 12(1) were a notice given under section 11(3).

14Return of evidence of operator accreditation if cancelled, suspended or amended

(1)This section applies if a person is given a regulation notice—

(a)cancelling the person’s operator accreditation; or

(b)suspending the person’s operator accreditation for longer than 1 week; or

(c)immediately suspending the person’s operator accreditation for any period; or

(d)amending the person’s operator accreditation under section 11.

(2)As soon as practicable after the person is given the regulation notice (but within 14 days), the person must return the certificate evidencing the operator accreditation to the chief executive, unless the person has a reasonable excuse.

Maximum penalty—10 penalty units.

(3)Even if the person does not return the document evidencing the operator accreditation, the action stated in the regulation notice has effect from the date stated in the notice.

(4)In this section—

operator accreditation includes provisional operator accreditation.

15Other amendments of operator accreditation

(1)This section applies only if the chief executive proposes to amend a person’s operator accreditation—

(a)for a formal or clerical reason; or

(b)in another way that does not adversely affect the person’s interests; or

(c)if the person asks for the amendment.

(2)The chief executive may make amendments of a type mentioned in subsection (1) by written notice given to the person.

16Notifying disqualifying offences

(1)If, under section 19(1), 21(1) or 22(1) or (3) of the Act, an applicant or person must notify or inform the chief executive or someone else about a disqualifying offence, the notice or information must—

(a)be given in writing; and

(b)include details of the charge and the day when the charge will be heard.

(2)If, under section 19(2), 21(2) or 22(2) or (4) of the Act, an applicant or person must notify or inform the chief executive or someone else about the outcome of a disqualifying offence, the notice or information must be given in writing.

Note—

Disqualifying offence is defined in schedule 3 of the Act. In paragraph (e) of the definition, a regulation may prescribe an offence as a disqualifying offence. For this purpose, see section 135.

s 16 amd 2007 SL No. 282 s 4

17Requirement for operator accreditation—public passenger services to which the Act, s 12 does not apply

Section 12 of the Act does not apply to—

(a)a ferry service; or

(b)a community transport service or courtesy transport service, but only if—

(i)no more than 2 vehicles are available, at any time, to provide the service, and each of the vehicles may be driven under a class C driver licence under the Transport Operations (Road Use Management—Driver Licensing) Regulation 2010; or

(ii)the service is not a service that is available to the general community; or

Example of a service that is available to the general community—

Membership of a bowls club is open to the general community. The club provides a courtesy transport service but only to club members. The service is available to the general community.

(iii)the service is a locally significant event service; or

(c)a locally significant event service other than the service mentioned in paragraph (b)(iii); or

(d)a cableway service; or

(e)a monorail service.; or

(f)a taxi service; or

(g)a booked hire service.

s 17 amd 2010 SL No. 206s 168 sch 8; 2012 SL No. 160s 3; 2015 SL No. 119s 3; 2016 SL No. 161s 10; 2017 SL No. 143s 18

19Purpose of pt 3

The purpose of this part is to provide for matters about driver authorisation for chapter 4 of the Act.

Note—

Section 23 of the Act sets out the purpose of driver authorisation.

20Application for grant or renewal of driver authorisation

(1)A person who is an individual may apply to the chief executive for the grant or renewal of driver authorisation.

Note—

Under section 28A of the Act, a person convicted of a category A driver disqualifying offence is ineligible to apply for or hold driver authorisation.

(2)However, a person is not eligible to apply for driver authorisation for a relevant vehicle that is a taxi unless the person is at least 20 years.

(32)AlsoHowever, a person whose driver licence is subject to an interlock condition or a non-Queensland interlock requirement is not eligible to apply for the grant or renewal of driver authorisation until 2 years after the relevant day for the interlock condition or non-Queensland interlock requirement.

Note—

See the Transport Operations (Road Use Management) Act 1995, section 91K (Interlock condition).

(43)An application for the grant or renewal of driver authorisation must be—

(a)made in the approved form; and

(b)accompanied by evidence that satisfies the chief executive that the person is—

(i)an Australian citizen; or

(ii)a permanent resident; or

(iii)a New Zealand citizen who is the holder of a special category visa as defined by the Migration Act 1958 (Cwlth), section 32; or

(iv)entitled, under a visa granted under the Migration Act 1958 (Cwlth), to work in Australia; and

(c)accompanied by the fee stated in schedule 9.

(54)In this section—

driver authorisation does not include provisional driver authorisation or restricted driver authorisation.

driver licence see the Transport Operations (Road Use Management) Act 1995, schedule 4.

interlock condition see the Transport Operations (Road Use Management) Act 1995, schedule 4.

interlock period see the Transport Operations (Road Use Management) Act 1995, schedule 4.

non-Queensland interlock period see the Transport Operations (Road Use Management) Act 1995, schedule 4.

non-Queensland interlock requirement see the Transport Operations (Road Use Management) Act 1995, schedule 4.

permanent resident means the holder of a permanent visa as defined by the Migration Act 1958 (Cwlth), section 30(1).

relevant day means—

(a)for an interlock condition for a person’s driver licence—the day on which the interlock period applying to the person starts; or

(b)for a non-Queensland interlock requirement for a person’s driver licence—the day on which the non-Queensland interlock period applying to the person starts.

s 20 amd 2008 SL No. 186 s 4; 2009 SL No. 231s 3; 2010 SL No. 189 s 29; 2012 SL No. 160 s 4; 2016 SL No. 161s 11

20ARequirements for operating relevant vehicles that are motorbikes

(1)An applicant for driver authorisation for the operation of a relevant vehicle that is a motorbike must hold a prescribed licence of the appropriate class.

(2)The applicant must also, subject to subsection (3)—

(a)have held continuously for at least 5 years—

(i)an open or provisional licence for a motorbike; or

(ii)a corresponding licence to an open or provisional licence for a motorbike; or

(iii)a foreign driver licence for a motorbike; or

(iv)a series of any of the licences mentioned in subparagraph (i), (ii) or (iii); or

(b)have passed a competence test, approved by the chief executive, for the operation of a motorbike with a pillion passenger and have held continuously for at least 3 years—

(i)an open or provisional licence for a motorbike; or

(ii)a corresponding licence to an open or provisional licence for a motorbike; or

(iii)a foreign driver licence for a motorbike; or

(iv)a series of any of the licences mentioned in subparagraph (i), (ii) or (iii).

(3)Also, for at least 2 years of the continuous 5 or 3 year period mentioned in subsection (2), the applicant must have held continuously—

(a)an open or provisional licence for a motorbike; or

(b)a corresponding licence to an open or provisional licence for a motorbike; or

(c)a series of any of the licences mentioned in paragraph (a) or (b).

Note—

See also the Transport Operations (Passenger Transport) Standard 2010, section 6.

s 20A ins 2009 SL No. 231s 4

amd 2011 SL No. 227s 4

20BRequirements for operatingdriving relevant vehicles other than motorbikes

(1)An applicant for driver authorisation for the operation ofto drive a relevant vehicle, other than a motorbike, must hold a prescribed licence of the appropriate class.

(2)The applicant must also, subject to subsection (3)—

(a)have held continuously for at least 3 years—

(i)an open or provisional licence for a car, truck or bus; or

(ii)a corresponding licence to an open or provisional licence for a car, truck or bus; or

(iii)a foreign driver licence for a car, truck or bus; or

(iv)a series of any of the licences mentioned in subparagraph (i), (ii) or (iii); or

(b)if the application is for driver authorisation forto drive a relevant vehicle other than a taxibooked hire vehicle, limousine or taxi—have passed a competence test, approved by the chief executive, for the operation ofto drive the type of vehicle the person intends to drive under the driver authorisation.

(3)Also, for at least 2 years of the continuous 3 year period mentioned in subsection (2)(a) or for at least 2 years for an application under subsection (2)(b), the applicant must have held continuously—

(a)an open or provisional licence for a car, truck or bus; or

(b)a corresponding licence to an open or provisional licence for a car, truck or bus; or

(c)a series of any of the licences mentioned in paragraph (a) or (b).

(4)However, subsection (3) does not apply if the driver authorisation applied for is for a general route service, school service, taxibooked hire service, limousinetaxi service, community transport service or courtesy transport service.

(5)This section does not apply to a person seeking a restricted driver authorisation.

Note—

See also the Transport Operations (Passenger Transport) Standard 2010, section 6.

s 20B ins 2009 SL No. 231s 4

amd 2011 SL No. 227s 5; 2016 SL No. 161s 12; 2017 SL No. 143s 20

20CAdditional requirementsrequirement to drive a booked hire vehicle, limousine or taxi

(1)An applicant for driver authorisation to drive a relevant vehicle that is a booked hire vehicle, limousine or taxi must have held a relevant driver licence for at least 1 year.

(2)Subsection (1) does not apply if the chief executive is satisfied that the applicant has held a licence that is at least equivalent to a relevant driver licence for at least 1 year.

(3)In this section—

Australian driver licence see the Transport Operations (Road Use Management) Act 1995, schedule 4.

relevant driver licence means an Australian driver licence of the appropriate class that is an open licence, provisional licence or probationary licence.

(1)An applicant for driver authorisation for the operation of a relevant vehicle that is a taxi must—

(a)have held an Australian open, provisional or probationary licence of the appropriate class for at least 1 year during the 3 year period immediately before the application; and

(b)be able to speak and understand English; and

(c)have a knowledge of common destinations and major connecting roads within the taxi service area where the applicant intends to drive the taxi; and

(d)have—

(i)attained competencies, specified by the chief executive, for the safe operation of taxis and customer service; or

(ii)successfully finished a training course for taxi drivers that the chief executive considers is at least equivalent to the competencies.

(2)Subsection (1)(a) does not apply if the chief executive is satisfied that—

(a)the applicant has held a licence (equivalent licence) that is at least equivalent to an Australian open, provisional or probationary licence of the appropriate class for at least 1 year during the 3 year period immediately before the application; and

(b)under the equivalent licence, the applicant has gained significant practical driving experience in a driving environment similar to that found in major urban centres in Australia.

(3)An applicant for renewal of driver authorisation for a relevant vehicle that is a taxi must, if required by the chief executive, have successfully finished a training course for taxi drivers specified by the chief executive.

(4)This section is in addition to, and does not limit, section 20B.

Note—

See also the Transport Operations (Passenger Transport) Standard 2010, section 8.

s 20C ins 2009 SL No. 231s 4

amd 2011 SL No. 227s 6

sub 2016 SL No. 161s 13

amd 2017 SL No. 143s 21

21Deciding application

After receiving the application for the grant or renewal of driver authorisation, the chief executive must consider it and decide—

(a)if the applicant complies with the requirements under the Act about granting or renewing driver authorisation—to grant or renew driver authorisation; or

(b)if paragraph (a) does not apply but, under section 22, the chief executive may grant the applicant provisional driver authorisation—to grant provisional driver authorisation; or

(c)otherwise—to refuse, under section 24, to grant or renew driver authorisation.

Note—

See also the Transport Planning and Coordination Act 1994, section 28EA(5) (which deals with taking digital photos and digitised signatures) for when the chief executive must refuse to consider an application.

s 21 amd 2010 SL No. 189 s 30; 2015 SL No. 162 s 14

21AForm of authorising document

(1)This section applies if the chief executive—

(a)grants a person’s application for driver authorisation or the renewal of driver authorisation and gives the person an authorising document; or

(b)gives the person a replacement authorising document.

(2)The authorising document may be in the form of a smartcard driver authorisation or an interim transport authority.

(3)Subsection (2) does not limit the form of an authorising document.

(4)A smartcard driver authorisation given to a person may be in the form of a smartcard transport authority that includes information about 1 or more other transport authorities held by the person.

(5)In this section—

transport authority see the Transport Planning and Coordination Act 1994, section 36G(3).

s 21A ins 2010 SL No. 189 s 31

21BGeneral provisions about authorising documents

(1)An authorising document may—

(a)indicate by way of a code, expression or otherwise that the person holds driver authorisation, and whether the driver authorisation is subject to a condition; and

(b)contain information about—

(i)the driver authorisation; and

(ii)the person’s personal particulars.

(2)A code or expression mentioned in subsection (1) may be—

(a)stated on an authorising document; or

(b)stored electronically on a smartcard driver authorisation.

(3)Subsection (1) does not limit the information that an authorising document may contain.

s 21B ins 2010 SL No. 189s 31

21CExpressions on authorising documents

(1)The expression ‘BHTX’, ‘Limo’ or ‘Taxi’ on an authorising document indicates that the authorised driver is authorised to drive a vehicle providing a booked hire service or taxi service.

(1)The expression ‘Taxi’ on an authorising document indicates that the authorised driver is authorised to provide taxi services.

(2)The expression ‘Limo’ on an authorising document indicates that the authorised driver is authorised to provide limousine services.

(32)The expression ‘Genr’ on an authorising document indicates that the authorised driver is authorised to providedrive a vehicle providing any of the following—

(a)accommodation transfer services;

(b)charter bus services;

(c)scheduled passenger servicesservice, other than a general route service or a school service;

(d)tourist services;

(e)tourist transfer services;

(f)unscheduled long distance passenger services.

(43)The expression ‘Sche’ on an authorising document indicates that the authorised driver is authorised to providedrive a vehicle providing a general route services andservice or school servicesservice.

(54)The expression ‘TrMc’ on an authorising document indicates that the authorised driver is authorised to provide tourist services usingdrive any of the following vehicles to provide a tourist service—

(a)a motor cycle;

(b)a motor cycle and sidecar;

(c)a motor tricycle.

Note—

An authorised driver may also, under the Act, provide public passenger services other than the services stated on the authorising document.

(5)In this section—

unscheduled long distance passenger service means a pre-booked public passenger service by road—

(a)that is unscheduled; and

(b)by which all passengers on the service are carried on a journey of at least 40km to a general destination that has been predetermined by the operator of the service; and

(c)in relation to which no passenger’s journey is entirely within—

(i)a single service contract area or route; or

(ii)a single taxi service area.

s 21C ins 2010 SL No. 189 s 31

amd 2016 SL No. 161s 14; 2017 SL No. 143s 22

21DCodes on authorising documents

The following codes may be used on an authorising document—

•‘N’ stated on the authorising document to show that the driver authorisation is not subject to a condition

•‘Y’ stated on the authorising document to show that the driver authorisation is subject to a condition

•‘TEXT’ stored on a smartcard driver authorisation to show that the driver authorisation is subject to a condition.

s 21D ins 2010 SL No. 189 s 31

22Provisional driver authorisation—Act, s 30

(1)The chief executive may grant driver authorisation to the person on a provisional basis (provisional driver authorisation) if the person meets some but not all of either or both of the following—

(a)the requirements under section 20A, 20B or 20C;

(b)the standards applying to driver authorisation.

(2)A grant under subsection (1) may be subject to a condition about the person meeting all the requirements under section 20A, 20B or 20C and all the standards applying to driver authorisation within a specified time.

(3)If, before the end of the term stated in the provisional driver authorisation as its term, the chief executive is satisfied the applicant complies with the requirements under the Act about granting or renewing driver authorisation, the chief executive may grant driver authorisation to the person.

(4)Despite subsection (1), the chief executive may grant provisional driver authorisation to a person without a formal application being made to ensure a public passenger service can continue to be provided in an emergency.

(5)A grant under subsection (4) is subject to the condition the person will make a formal application for driver authorisation as soon as practicable after the grant.

s 22 amd 2009 SL No. 231s 5

23Conditions on driver authorisation—Act, s 32

(1)If the chief executive decides to grant or renew driver authorisation, the chief executive may impose a condition on the authorisation that the chief executive considers necessary.

(2)If the chief executive imposes a condition on a person’s driver authorisation under subsection (1), the chief executive must give the person a regulation notice about the decision.

Note—

Schedule 2 of the Act provides a refusal to grant or renew driver authorisation or the imposition of a condition on driver authorisation is a reviewable decision.

(3)Subsection (1) is in addition to, and does not limit, sections 22, 28 and 30 under which the chief executive may impose a condition on a person’s driver authorisation.

(4)In this section—

driver authorisation includes provisional driver authorisation.

24Refusal of driver authorisation—Act, s 29

(1)The chief executive may refuse to grant driver authorisation to a person, or to renew a person’s driver authorisation, if—

(a)the person does not comply with section 20A, 20B or 20C or a standard applying to the driver authorisation; or

(b)a driver authorisation granted to the person has been cancelled or suspended; or

(c)the person has been convicted of a category C driver disqualifying offence; or

(d)the person has been charged with a driver disqualifying offence and the charge has not been finally disposed of; or

Note—

See sections 28A and 28B of the Act for provisions relating to category A and category B driver disqualifying offences.

(e)the chief executive considers it necessary in the public interest having regard to the purpose of driver authorisation as stated in section 23 of the Act, including taking into consideration matters mentioned in section 23(4) of the Act; or

(f)the chief executive considers the person is unsuitable to hold driver authorisation having regard to the person’s driving history; or

(g)the chief executive is not satisfied with the person’s identification for driver authorisation.

(2)If, under this section, the chief executive refuses the application for the grant or renewal of driver authorisation in relation to a person (even if the chief executive grants the person provisional driver authorisation), the chief executive must give the person a regulation notice about the decision.

Note—

Schedule 2 of the Act provides a refusal to grant or renew driver authorisation or the imposition of a condition on driver authorisation is a reviewable decision.

(3)In this section—

driver authorisation includes provisional driver authorisation.

s 24 amd 2009 SL No. 231s 6; 2010 SL No. 189s 32

25Term of driver authorisation

(1)A driver authorisation is for a term, stated in the authorisation, of not longer than 5 years.

(2)However, driver authorisation may be renewed for successive terms of not longer than 5 years.

(3)In this section—

driver authorisation includes provisional driver authorisation but does not include restricted driver authorisation.

26Renewal notices

(1)This section applies if the chief executive does not send, or an authorised driver does not receive, a renewal notice for the person’s driver authorisation.

(2)The failure to send, or the non-receipt of, the renewal notice does not affect—

(a)the expiry of the driver authorisation; or

(b)the obligation of the authorised driver to renew the authorisation before it expires.

(3)In this section—

driver authorisation includes provisional driver authorisation.

27Restricted driver authorisation—Act, s 29A

(1)A prescribed operator may, for the chief executive, grant a restricted driver authorisation to a person authorising the person to operatedrive a public passenger vehicle while, and only while, it is being used by the prescribed operator to provide the service.

(1AA)A prescribed operator must not grant a restricted driver authorisation if the applicant is not eligible to be granted the restricted driver authorisation.

(1A)An application for a restricted driver authorisation must be made in the approved form.

(2)A restricted driver authorisation may only be granted on the prescribed operator’s initiative.

(3)However, a prescribed operator must not grant a restricted driver authorisation to a person unless—

(a)the operator is satisfied the person complies with all standards applying to restricted driver authorisation; and

(b)the person gives the operator the following information about the person, and the operator has no reason to suspect the information is false—

(i)the chief executive has not refused to grant or renew the person’s driver authorisation and has not cancelled or suspended any driver authorisation held by the person;

(ii)the person has not been convicted of a driver disqualifying offence;

Note—

See the Act, schedule 3, definition driver disqualifying offence.

(iii)there is no charge for a driver disqualifying offence against the person that has not been finally disposed of.

Maximum penalty—20 penalty units.

(4)A person’s restricted driver authorisation—

(a)is for the term stated in the authorisation of not longer than 1 year; and

(b)is not renewable; and

Note—

Even though a restricted driver authorisation is not renewable, a new restricted driver authorisation may be granted after the expiry of the restricted driver authorisation.

(c)is automatically cancelled when the person stops being employed by the prescribed operator or when the person stops operatingdriving a public passenger vehicle for the prescribed operator.

Note—

A restricted driver authorisation may be amended, suspended or cancelled by the chief executive. See sections 28 and 30.

(5)A prescribed operator must give a person whose restricted driver authorisation is automatically cancelled under subsection (4)(c) a written notice advising the person of the cancellation within 3 days after the cancellation.

Maximum penalty—10 penalty units.

(6)A prescribed operator may, by written notice, amend a restricted driver authorisation granted to a person by the prescribed operator—

(a)for a formal or clerical reason, including, for example, a change of address; or

(b)in another way that does not adversely affect the person.

(7)As soon as practicable after a person is given a written notice under subsection (5) or (6) about an automatic cancellation or amendment, the person must return to the prescribed operator any document evidencing the restricted driver authorisation.

(8)A restricted driver authorisation granted under subsection (1) must be in the approved form.

s 27 amd 2008 SL No. 396s 4; 2009 SL No. 231 s 7; 2011 SL No. 287 s 3; 2017 SL No. 143s 23

27AEligibility for restricted driver authorisation

A person is not eligible to be granted a restricted driver authorisation by an operator unless the person—

(a)holds a prescribed licence of the appropriate class; and

(b)has held continuously for at least 3 years—

(i)an open or provisional licence for a car, truck or bus; or

(ii)a corresponding licence to an open or provisional licence for a car, truck or bus; or

(iii)a series of any of the licences mentioned in subparagraph (i) or (ii).

Note—

See also the Transport Operations (Passenger Transport) Standard 2010, section 7.

s 27A ins 2009 SL No. 231s 8

amd 2011 SL No. 227s 7

28Amendment, suspension and cancellation of driver authorisation—Act, s 32

(1)The chief executive may amend a person’s driver authorisation, including by altering the term of the authorisation or by imposing a condition on the authorisation, if—

(a)the person has been convicted of a category B or category C driver disqualifying offence; or

(b)the person has been charged with a driver disqualifying offence and the charge has not been finally disposed of; or

(c)the person does not comply with a standard applying to the driver authorisation; or

(d)the chief executive considers it necessary in the public interest having regard to the purpose of driver authorisation as stated in section 23 of the Act, including taking into consideration matters mentioned in section 23(4) of the Act; or

(e)the chief executive considers the person is unsuitable to hold driver authorisation having regard to the person’s driving history.

(2)The chief executive may suspend or cancel a person’s driver authorisation if—

(a)the person has been convicted of a category C driver disqualifying offence; or

(b)the person does not comply with a standard applying to the driver authorisation; or

(c)the chief executive considers it necessary in the public interest having regard to the purpose of driver authorisation as stated in section 23 of the Act, including taking into consideration matters mentioned in section 23(4) of the Act; or

(d)the chief executive considers the person is unsuitable to hold driver authorisation having regard to the person’s driving history; or

(e)in relation to the person’s application for the driver authorisation, the person produced a document, or gave other information, to the chief executive that is false or misleading in a material particular; or

(f)the driver authorisation was issued in error; or

(g)the chief executive is no longer satisfied with the person’s identification for driver authorisation.

(3)Action under this section—

(a)to amend a person’s driver authorisation if section 34(1) applies must be as required by section 34; or

(b)to otherwise amend, suspend or cancel driver authorisation must be as required by section 29.

(4)In this section—

driver authorisation includes provisional driver authorisation and restricted driver authorisation.

Note—

Schedule 2 of the Act provides an amendment, suspension or cancellation of driver authorisation or the imposition of a condition on driver authorisation is a reviewable decision.

s 28 amd 2009 SL No. 231s 9; 2010 SL No. 189s 33

29Notice about amendment, suspension and cancellation of driver authorisation

(1)This section applies if the chief executive considers—

(a)a ground exists under section 28(1) to amend a person’s driver authorisation; or

(b)a ground exists under section 28(2) to suspend or cancel a person’s driver authorisation.

(2)However, this section does not apply if section 33 or 34 applies.

(3)Before taking the action mentioned in subsection (1)(a) or (b) (the proposed action), the chief executive must give the person a written notice—

(a)stating the proposed action; and

(b)stating the grounds for the proposed action; and

(c)outlining the facts and circumstances forming the basis for the grounds; and

(d)if the proposed action is amendment of the driver authorisation—stating the proposed amendment; and

(e)if the proposed action is suspension of the driver authorisation—stating the proposed suspension period; and

(f)inviting the person to show, within a stated time of at least 28 days, why the proposed action should not be taken.

(4)If, after considering all written representations made within the stated time, the chief executive is satisfied a ground exists to take the proposed action, the chief executive may, by giving a regulation notice to the person—

(a)if the proposed action was to amend the driver authorisation—

(i)amend the driver authorisation in the way stated in the regulation notice; or

(ii)amend the driver authorisation in another way, having regard to the representations; or

(b)if the proposed action was to suspend the driver authorisation—

(i)suspend the driver authorisation for no longer than the period stated in the regulation notice; or

(ii)amend the authorisation having regard to the representations; or

(c)if the proposed action was to cancel the driver authorisation—

(i)cancel the driver authorisation; or

(ii)suspend the driver authorisation for a period; or

(iii)amend the driver authorisation having regard to the representations.

(5)In this section—

driver authorisation includes provisional driver authorisation and restricted driver authorisation.

30Immediate amendment and suspension of driver authorisation—Act, s 32

(1)The chief executive may immediately amend a person’s driver authorisation by imposing a condition on the authorisation if—

(a)the person has been convicted of a category B or category C driver disqualifying offence; or

(b)the person has been charged with a driver disqualifying offence and the charge has not been finally disposed of; or

(c)the chief executive considers it necessary having regard to the purpose of driver authorisation as stated in section 23 of the Act, including taking into consideration matters mentioned in section 23(4) of the Act.

(2)The chief executive may immediately suspend a person’s driver authorisation if—

(a)the person has been convicted of a category B or category C driver disqualifying offence; or

(b)the person has been charged with a driver disqualifying offence and the charge has not been finally disposed of; or

(c)the person does not comply with a notice given to the person under section 41; or

(d)the chief executive considers it necessary in the public interest having regard to the purpose of driver authorisation as stated in section 23 of the Act, including taking into consideration matters mentioned in section 23(4) of the Act; or

(e)the chief executive is no longer satisfied with the person’s identification for driver authorisation.

(3)In this section—

driver authorisation includes provisional driver authorisation and restricted driver authorisation.

Note—

Schedule 2 of the Act provides an amendment, suspension or cancellation of driver authorisation or the imposition of a condition on driver authorisation is a reviewable decision.

s 30 amd 2010 SL No. 189s 34

31Notice about immediate amendment or suspension

(1)This section applies if the chief executive considers—

(a)a ground exists under section 30(1) to immediately amend a person’s driver authorisation by imposing a condition on the authorisation; or

(b)a ground exists under section 30(2) to immediately suspend a person’s driver authorisation.

(2)This section applies even if the chief executive takes exclusion action under section 28B of the Act in relation to the person.

(3)Despite section 29, the chief executive may, by giving a regulation notice to the person—

(a)immediately amend the person’s driver authorisation by imposing a condition on the authorisation; or

(b)immediately suspend the person’s driver authorisation.

(4)The immediate amendment or suspension has effect until—

(a)if the ground is that the person has been convicted of a category B driver disqualifying offence, the earlier of the following—

(i)the chief executive gives the person a regulation notice about the chief executive’s decision under section 33(2) or 34(2);

(ii)the end of 56 days after the regulation notice mentioned in subsection (3) is given to the person; or

(b)if the ground is that the person has been charged with a driver disqualifying offence, the earlier of the following—

(i)the charge is finally disposed of;

(ii)the person’s driver authorisation expires without being renewed; or

(c)in any other case, the earlier of the following—

(i)the chief executive gives the person a regulation notice under section 29(4);

(ii)the end of 56 days after the regulation notice mentioned in subsection (3) is given to the person.

32Further action after immediate amendment or suspension

(1)This section applies if—

(a)under section 31, the chief executive immediately amends or immediately suspends a person’s driver authorisation; and

(b)the chief executive also proposes, under section 29, to amend, suspend or cancel the driver authorisation.

(2)The regulation notice under section 31(3) must also state the information mentioned in section 29(3) in relation to the action the chief executive proposes to take.

(3)Section 29(4) applies to the proposed action as if the regulation notice given under section 31(3) were a notice given under section 29(3).

33Category B driver disqualifying offences—exclusion action

(1)This section applies if the chief executive takes exclusion action under section 28B of the Act in relation to a person who has been convicted of a category B driver disqualifying offence.

(2)The chief executive must give the person a regulation notice about the decision to take the exclusion action.

34Category B driver disqualifying offences—exceptional case

(1)This section applies if the chief executive—

(a)decides not to take exclusion action under section 28B of the Act in relation to a person who has been convicted of a category B driver disqualifying offence because the chief executive is satisfied an exceptional case exists; but

(b)decides it is necessary in the particular case to impose a condition on the person’s driver authorisation.

(2)The chief executive may, by giving a regulation notice to the person—

(a)for an applicant for driver authorisation—impose a condition when granting driver authorisation to the person; or

(b)for a person who holds driver authorisation—amend the person’s driver authorisation by imposing a condition on the authorisation.

35Chief executive may require authorising document to be replaced

(1)This section applies if—

(a)information stated on an authorising document is incorrect and the chief executive reasonably believes the error was caused by the chief executive; or

(b)the chief executive has amended the person’s driver authorisation and the person’s authorising document requires replacement.

(2)The chief executive may, by written notice, require the holder of the driver authorisation to return the holder’s authorising document to the chief executive within a stated time and in a stated way for replacement.

(3)If subsection (1)(a) applies, the notice must include a statement identifying the information that is incorrect and the correct information.

(4)The holder must comply with the notice, unless the holder has a reasonable excuse.

Maximum penalty—20 penalty units.

(5)After receiving the authorising document, the chief executive must give the holder a replacement authorising document.

(6)If subsection (1)(a) applies, the replacement authorising document must state the correct information.

(7)In this section—

driver authorisation includes provisional driver authorisation and restricted driver authorisation.

written notice includes a regulation notice under section 29(4) or 31(3).

s 35 sub 2010 SL No. 189 s 35

35AVoluntary surrender of driver authorisation

(1)An authorised driver may surrender the person’s driver authorisation by giving the chief executive a written notice of surrender.

(2)To be effective, the notice of surrender must be accompanied by the person’s authorising document, unless the person has a reasonable excuse for not returning it.

(3)Subject to subsection (2), the surrender takes effect on the day the notice is given to the chief executive.

s 35A ins 2010 SL No. 189 s 35

36Return of authorising document if authorisation cancelled or suspended

(1)This section applies if a person is given a regulation notice—

(a)cancelling the person’s driver authorisation; or

(b)suspending the person’s driver authorisation; or

(c)immediately suspending the person’s driver authorisation for any period.

(2)As soon as practicable after the person is given the regulation notice (but within 14 days), the person must, if the regulation notice requires the authorising document to be returned, return the authorising document to the chief executive, unless the person has a reasonable excuse.

Maximum penalty—20 penalty units.

(3)Even if the person does not return the authorising document, the action stated in the regulation notice has effect from the date stated in the notice.

(4)In this section—

driver authorisation includes provisional driver authorisation and restricted driver authorisation.

s 36 amd 2010 SL No. 189 s 36

37Relationship between driver licence and driver authorisation

(1)If the driver licence of a person who holds driver authorisation is suspended, the person’s driver authorisation is suspended during the suspension of the person’s driver licence.

(2)If the driver licence of a person who holds driver authorisation is cancelled, the person’s driver authorisation is cancelled.

(3)If, on cancellation of a person’s driver licence, the person is disqualified from holding or obtaining a driver licence for a period, the person is disqualified from holding or obtaining driver authorisation during the period.

(4)In this section—

driver authorisation includes provisional driver authorisation and restricted driver authorisation.

37ANotification of damage, loss or theft of authorising document

(1)This section applies if an authorised driver is required under section 34A of the Act to notify the chief executive that the driver’s authorising document has been damaged, lost or stolen.

Note—

Section 34A of the Act provides for an offence for failing to notify of the damage, lost or theft of an authorising document.

(2)The notification—

(a)is sufficiently given if an application for a replacement authorising document is made under section 37B; or

(b)if paragraph (a) does not apply—must be written notification.

s 37A ins 2010 SL No. 189 s 37

amd 2014 SL No. 161s 19

37BApplication for replacement authorising document

(1)This section applies if—

(a)information stated on an authorising document is incorrect; or

(b)an authorised driver becomes aware, or reasonably suspects, his or her authorising document has been damaged, lost or stolen.

(2)The authorised driver may apply to the chief executive for the issue of a replacement authorising document.

(3)An application under this section, other than an exempt application, must be—

(a)made in the approved form; and

(b)accompanied by the authorising document, unless it has been, or the authorised driver reasonably suspects it has been, destroyed, lost or stolen.

(4)After receiving the application, the chief executive must give the authorised driver a replacement authorising document if the chief executive is satisfied—

(a)if subsection (1)(a) applies—the information on the authorising document was incorrect; or

(b)if subsection (1)(b) applies—the authorising document has been damaged, lost or stolen.

(5)If the authorising document that has been replaced (the original document) comes into, or returns to, the authorised driver’s possession after a replacement authorising document has been issued to the holder, the authorised driver must destroy the original document.

Maximum penalty—20 penalty units.

(6)In this section—

exempt application means an application for the replacement of an authorising document if the chief executive is satisfied the authorising document was not received by the authorised driver because it has been lost or stolen.

s 37B ins 2010 SL No. 189 s 37

amd 2014 SL No. 161s 20

37CUpgrading to smartcard driver authorisation

(1)This section applies to the holder of an authorising document that is not a smartcard driver authorisation.

(2)The holder may apply to the chief executive to replace the authorising document with a smartcard driver authorisation.

(3)The application must be made in the approved form.

(4)The chief executive may replace the authorising document with a smartcard driver authorisation for the same period as the unexpired period of the authorising document.

s 37C ins 2010 SL No. 189 s 37

38Other amendments of driver authorisation

(1)This section applies if the chief executive proposes to amend a person’s driver authorisation—

(a)for a formal or clerical reason; or

(b)in another way that does not adversely affect the person’s interests; or

(c)if the person asks for the amendment.

(2)This section does not apply if section 35 applies.

(3)The chief executive may, by written notice, require the person to return the person’s authorising document to the chief executive within a stated time and in a stated way.

(4)If subsection (1)(a) or (b) applies, the notice must include a statement identifying how the chief executive proposes to amend the person’s driver authorisation.

(5)The holder must comply with the notice, unless the holder has a reasonable excuse.

Maximum penalty—20 penalty units.

(6)If the chief executive amends a person’s driver authorisation under this section and the person’s authorising document requires replacement, the chief executive must give the authorised driver a replacement authorising document.

(7)In this section—

driver authorisation includes provisional driver authorisation.

s 38 sub 2010 SL No. 189 s 38

39Notifying operator of amendment, suspension or cancellation of driver authorisation

(1)This section applies if—

(a)a person with driver authorisation drives a vehicle to provide a public passenger service that—

(i)is operated by someone else; or

(ii)is a booked hire service for which someone else provides booking services; and

(a)a person with driver authorisation operates a vehicle for an accredited operator; and

(b)the chief executive amends, suspends or cancels the person’s driver authorisation.

(2)The chief executive may—

(a)advise the operator or person who provides booking services that the person’s driver authorisation has been amended, suspended or cancelled; and

(b)if the chief executive has amended the person’s authorisation by imposing a condition on the authorisation, advise the operator or person who provides booking services of the condition.

s 39 amd 2017 SL No. 143s 24

40AMedical fitness for driver authorisation

(1)A person is not eligible to be granted driver authorisation unless the person gives the chief executive a prescribed medical certificate for the person.

(2)An authorised driver must—

(a)notify the chief executive if there is a change in the driver’s medical condition that makes the driver continuously unfit to safely operatedrive a motor vehicle for more than 1 month; and

(b)within 5 years after the issue of the last prescribed medical certificate for the driver given to the chief executive under subsection (1) or this paragraph, give the chief executive a fresh prescribed medical certificate for the driver.

(3)However, if a prescribed medical certificate for a person given under subsection (1) or (2) indicates it is for a period of less than 5 years, the person must give the chief executive the next prescribed medical certificate for the person within the period.

Examples of indications that a prescribed medical certificate is for a period of less than 5 years—

•The certificate states it lasts or applies for 2 years.

•The certificate states it should be renewed or reviewed after 2 years.

•The certificate states the person’s condition should be reviewed, or the person should be re-examined, within 2 years.

(4)If a prescribed medical certificate for a person given under subsection (1) or (2) contains a limitation on operatingdriving a motor vehicle, the person must not operatedrive a motor vehicle, under driver authorisation, contrary to the limitation.

(5)This section does not apply to a person seeking a restricted driver authorisation.

Note—

For the effect of noncompliance with subsection (2) or (4), see section 28(1)(d) and (2)(c).

s 40A ins 2008 SL No. 396 s 5

amd 2017 SL No. 143s 26

40BMedical fitness for restricted driver authorisation

(1)A person is not eligible to be granted a restricted driver authorisation by an operator unless the person gives the operator—

(a)a statement signed by the person stating that, as far as the person knows, the person does not suffer from any of the medical conditions stated on the approved form given by the person under section 27(1A); and

(b)if the person suffers or has suffered from a medical condition that may make the person unfit to hold a restricted driver authorisation—a prescribed medical certificate for the person.

(2)A driver who holds a restricted driver authorisation must notify the operator who granted the restricted driver authorisation and the chief executive each time there is a change in the driver’s medical condition that makes the driver continuously unfit to safely operatedrive a motor vehicle for more than 1 month.

(3)If a prescribed medical certificate for a person given under subsection (1)(b) contains a limitation on operatingdriving a motor vehicle, the person must not operatedrive a motor vehicle, under restricted driver authorisation, contrary to the limitation.

Note—

For the effect of noncompliance with subsection (2) or (3), see section 28(1)(d) and (2)(c).

s 40B ins 2008 SL No. 396 s 5

amd 2017 SL No. 143s 27

41Requirement to prove fitness

(1)This section applies if the chief executive suspects a person who holds driver authorisation is no longer medically fit to operatedrive a public passenger vehicle under the driver authorisation.

(2)The chief executive may, by written notice, require the person to provide evidence of the person’s medical fitness to operatedrive a public passenger vehicle under the driver authorisation.

(3)In this section—

driver authorisation includes provisional driver authorisation and restricted driver authorisation.

s 41 amd 2008 SL No. 396s 6; 2017 SL No. 143s 28

42Requirement for driver authorisation—public passenger services to which the Act, s 24 does not apply

Section 24 of the Act does not apply to—

(a)a ferry service; or

(b)a community transport service or courtesy transport service, but only if—

(i)no more than 2 vehicles are available, at any time, to provide the service, and each of the vehicles may be driven under a class C driver licence under the Transport Operations (Road Use Management—Driver Licensing) Regulation 2010; or

(ii)the service is not available to the general community; or

(iii)the service is a locally significant event service; or

(c)a locally significant event service other than the service mentioned in paragraph (b)(iii); or

(d)a cableway service; or

(e)a monorail service.

s 42 amd 2011 SL No. 227 s 8; 2012 SL No. 160 s 5; 2015 SL No. 119s 4

43ADamaging authorising document

A person must not wilfully damage an authorising document.

Maximum penalty—20 penalty units.

s 43A ins 2010 SL No. 189 s 39

43BChief executive may direct superseded authorising document to be destroyed

(1)The chief executive may direct a person to destroy the person’s superseded authorising document.

(2)The person must comply with the direction.

Maximum penalty—20 penalty units.

(3)In this section—

superseded authorising document includes a superseded smartcard transport authority.

Note—

See the Transport Planning and Coordination Regulation 2005Transport Planning and Coordination Regulation 2017, section 7(5) for when an interim transport authority has effect as a smartcard transport authority.

s 43B ins 2010 SL No. 189 s 39

amd 2017 SL No. 160 s 17 sch 2

43CDriver authorisation may only be held in the driver’s name

An authorised driver must not hold driver authorisation other than under the driver’s name.

Maximum penalty—40 penalty units.

s 43C ins 2010 SL No. 189s 39

43DPossessing another person’s authorising document

(1)A person must not possess another person’s authorising document, unless the person has a reasonable excuse.

Maximum penalty—40 penalty units.

(2)A person must not give the person’s authorising document to another person if the person knows, or ought reasonably to know, the other person intends to use the authorising document to deceive someone.

Maximum penalty—40 penalty units.

(3)For subsection (2), it is irrelevant whether the person intended to be deceived is known or unknown, or exists or does not exist.

s 43D ins 2010 SL No. 189 s 39

43EDocument purporting to be authorising document

(1)A person must not possess a document that resembles an authorising document and is calculated to deceive someone.

Maximum penalty—40 penalty units.

(2)A person must not give another person a document that resembles an authorising document and is calculated to deceive someone.

Maximum penalty—40 penalty units.

(3)For subsections (1) and (2), it is irrelevant whether the person intended to be deceived is known or unknown, or exists or does not exist.

s 43E ins 2010 SL No. 189s 39

43FNotifiable events under other Acts

(1)This section applies if an authorised driver—

(a)has an obligation under the Act to notify the chief executive of a notifiable event; and

(b)has an obligation under a prescribed smartcard Act to notify the chief executive, or the general manager under the Maritime Safety Queensland Act 2002, of the same notifiable event; and

(c)complies with the obligation under the prescribed smartcard Act.

(2)The obligation under the Act to notify the chief executive of the notifiable event is taken to have been satisfied if any time allowed to make the notification under the Act has not expired.

(3)In this section—

notifiable event, for an authorised driver, means any of the following—

(a)a change of the authorised driver’s name;

(b)a change of the authorised driver’s address;

(c)if there is a current postal address for the authorised driver—a change of the postal address;

(d)the damage, loss or theft of an authorising document.

prescribed smartcard Act means any of the following Acts—

(a)the Adult Proof of Age Card Act 2008;

(b)the Tow Truck Act 1973;

(c)the Transport Operations (Marine Safety) Act 1994;

(d)the Transport Operations (Road Use Management) Act 1995.

s 43F ins 2010 SL No. 189s 39

amd 2014 SL No. 219s 36; 2015 SL No. 162s 15

44Purpose of pt 4

The purpose of this part is to declare that public passenger services are, as mentioned in section 36 of the Act, to be provided with market entry restrictions.

45Market entry restrictions—Act, s 36

A public passenger service mentioned in schedule 1, column 1 is to be provided with market entry restrictions in the area or over the route listed opposite the service in column 2.

Note—

Sections 42 and 7191ZT of the Act apply to a public passenger service to which a regulation under section 36 of the Act applies. If a regulation has been made, the chief executive may, under each of those sections, make a declaration by public notice or gazette notice.

s 45 amd 2015 SL No. 119s 5; 2017 SL No. 143s 30

46Purpose of pt 5

The purpose of this part is to provide for matters in relation to service contracts as required by, or otherwise for, chapter 6 of the Act.

Note—

Section 37 of the Act sets out the purpose of service contracts.

46AClasses of persons—Act, s 51(3)

(1)The following classes of persons are prescribed for the Act, section 51(3)—

(a)infants;

(b)children;

(c)school students;

(d)a person who accompanies the holder of a companion card to provide care and support to the companion card holder.

(2)In this section—

companion card means a companion card issued by a State in accordance with the National Companion Card Scheme.

s 46A ins 2014 SL No. 218 s 6

47Matters to be considered—Act, s 59(2)(e)

The following matters are prescribed for section 59(2)(e) of the Act—

(a)evidence that proposed minimum service levels will be achieved;

(b)evidence of financial viability;

(c)overall suitability of vehicles, having regard to vehicle age and accessibility;

(d)plans to increase patronage through marketing of services and public passenger transport.

48Matters to be considered or not considered by arbitrator in deciding amount of compensation

(1)This section prescribes, for sections 61(4) and 62AAH(4) of the Act, matters to be considered, or not considered, by an arbitrator in deciding an amount of compensation.

(2)An arbitrator must consider—

(a)for deciding compensation under section 61(3) of the Act—the present value of the future maintainable profits or future cash flows of services of the kind provided for in the new service contract that were previously provided by an existing operator or service contract holder who is a party to the arbitration; and

(b)for deciding compensation under 62AAH(3) of the Act—the present value of the future maintainable profits or future cash flows of services of the kind provided for in the new integrated mass transit service contract that were previously provided by an affected operator who is a party to the arbitration; and

(c)the capitalisation of future maintainable profits or the discounting of future cash flows as the principal valuation methodology; and

(d)the definition future cash flows in subsection (4) when selecting the appropriate discount rate to apply to the future cash flows; and

(e)the definition future maintainable profits in subsection (4) when selecting the appropriate capitalisation rate to apply to the future maintainable profits; and

(f)relevant risk factors including the life of the contract; and

(g)the value of the services derived using implied revenue multiples or other customary industry benchmarks.

(3)An arbitrator must not consider—

(a)capital gains tax; and

(b)additional costs incurred by the existing or affected operator or service contract holder that are not related to the services acquired by the new operator; and

(c)income and expenses from activities, including, for example, tourist and charter bus services, that are outside the scope of the new service contract, or the services provided for in the invitation to offer for an integrated mass transit service contract; and

(d)economies of scale and operating efficiencies available to a new operator but not able to be achieved or accrued by the existing or affected operator or service contract holder.

(4)In this section—

future cash flows means future maintainable profits adjusted for depreciation and capital expenditure.

future maintainable profits means earnings before financial leases, interest and tax determined on the basis of past profits adjusted for the following—

(a)abnormal or exceptional revenue or expense items;

(b)owner’s remuneration;

(c)variations in accounting standards application;

(d)future changes to revenues and costs resulting from announced changes to government policy including, for example, changes in policy about—

(i)school payment rates; and

(ii)subsidy arrangements; and

(iii)average vehicle age.

s 48 amd 2008 SL No. 210s 10; 2009 SL No. 231 s 10; 2012 SL No. 217s 15

48AService contract route prescribed—Act, s 62AAA(1), definition integrated mass transit area

For section 62AAA(1)(b) of the Act, the service contract route called the Southern Bay Islands Group service contract route is prescribed.

s 48A ins 2013 SL No. 31 s 4

49Matters to be considered—Act, s 62AAE(2)(d)

The following matters are prescribed for section 62AAE(2)(d) of the Act—

(a)evidence that proposed minimum service levels will be achieved;

(b)evidence of financial viability;

(c)overall suitability of vehicles, having regard to vehicle age and accessibility.

pt hdg amd 2007 SL No. 200 s 4

sub 2016 SL No. 161s 17; 2017 SL No. 143s 31

div hdg sub 2017 SL No. 143s 31

sdiv hdg ins 2007 SL No. 282 s 6

sub 2017 SL No. 143s 32

94Definitions for div 5division

In this division—

approved card reader means an electronic device, of a type approved by the chief executive, for use in a taxi to—

(a)verify that a membership card is current; and

(b)verify that the driver of a taxi holds driver authorisation; and

(c)enable the automatic calculation of a benefit under the taxi subsidy scheme for a taxi journey; and

(d)facilitate payments under the taxi subsidy scheme.

def approved card reader ins 2007 SL No. 282s 7

amd 2017 SL No. 143s 33(2)

approved relevant person means a person whose application under section 95 has been approved.

authorised purpose, in relation to taxi subsidy scheme information, means any of the following purposes—

(a)for, or in connection with, the prosecution of, or the issue of an infringement notice for, an offence committed in or about the taxi to which the taxi subsidy scheme information relates;

(b)a purpose relating to a police officer’s performance of duties as a police officer, other than a purpose mentioned in paragraph (a);

(c)the administration of the taxi subsidy scheme, including—

(i)planning for the scheme; and

(ii)the performance of a service, for the administration of the scheme, under a contract with the State; and

(iii)payments to taxi operators and drivers under the scheme;

(d)the carrying out of work by a manufacturer or supplier of an approved card reader, or equipment used in connection with an approved card reader, to maintain, or address a failure in, the equipment;

(e)the disclosure or use of taxi subsidy scheme information as required or authorised under an Act.

def authorised purpose ins 2007 SL No. 282 s 7

amd 2017 SL No. 143s 33(3)

decision notice, for a decision of the chief executive, means a written notice stating—

(a)the decision; and

(b)the reasons for the decision.

def decision notice ins 2016 SL No. 13s 3(1)

manual card reader means a device capable of taking an imprint from a membership card.

def manual card reader ins 2007 SL No. 282s 7

membership card means an electronic card that—

(a)is or has been issued by the chief executive in relation to an approved relevant person’s membership of the taxi subsidy scheme, for use with an approved card reader or a manual card reader; and

(b)includes a photograph of the approved relevant person.

def membership card ins 2007 SL No. 282s 7

National Disability Insurance Scheme means the scheme under the National Disability Insurance Scheme Act 2013 (Cwlth).

def National Disability Insurance Scheme ins 2016 SL No. 13s 3(1)

NDIS participant means—

(a)a person who—

(i)is a participant in the National Disability Insurance Scheme; and

(ii)has a plan in effect under the National Disability Insurance Scheme Act 2013 (Cwlth), section 37; or

(b)a person who has ceased to be a participant under section 29 of that Act because the person has given notification that the person no longer wishes be a participant.

def NDIS participant ins 2016 SL No. 13s 3(1)

relevant person means a person, other than an NDIS participant, who—

(a)has a physical disability making the person dependant on a wheelchair for mobility outside the person’s residence; or

(b)has a physical disability or other medical condition that restricts the person from walking, unassisted and without a rest, 50m or less and—

(i)makes the person permanently dependant on a walking aid; or

(ii)prevents the person from ascending or descending 3 steps without assistance; or

(iii)has resulted in a history of frequent falls; or

(iv)is a condition that is an advanced cardiovascular, respiratory or neurological disorder; or

(v)causes severe pain limiting ambulation, verifiable by appropriate clinical investigations; or

(c)has a physical disability or other medical condition requiring—

(i)the person to ordinarily carry treatment equipment which, when carried, restricts the person from walking, unassisted and without rest, 50m or less; or

(ii)someone else to ordinarily carry or administer treatment equipment for the person; or

(d)has a severe emotional or behavioural disorder with a level of disorganisation resulting in the need to be always accompanied by another person for travel on public transport; or

(e)has a total loss of vision or severe permanent visual impairment; or

(f)has severe and uncontrollable epilepsy; or

(g)has an intellectual disability causing behavioural problems—

(i)resulting in socially unacceptable behaviour; and

(ii)requiring the constant assistance of someone else for travel on public transport; or

(h)has a clinical condition resulting in a disability mentioned in paragraphs (a) to (g) of a temporary nature, and is undergoing medical, surgical or rehabilitative treatment for the disability, requiring the person to have access to taxi travel for a period of at least 5 months.

def relevant person amd 2016 SL No. 13s 3(2)

taxi subsidy scheme see section 93.

def taxi subsidy scheme sub 2017 SL No. 143s 33(4)

taxi subsidy scheme means a scheme, administered by the chief executive, under which the State pays part of taxi fares for approved relevant persons by providing a benefit to each approved relevant person in relation to the cost of taxi travel, without providing amounts of money to the person.

taxi subsidy scheme information means—

(a)information, whether or not in electronic form, on a membership card; or

(b)information generated or transmitted under the taxi subsidy scheme by an approved card reader; or

(c)a record, or other information, derived from information generated or transmitted under the taxi subsidy scheme by an approved card reader.

def taxi subsidy scheme information ins 2007 SL No. 282s 7

s 94 amd 2017 SL No. 143s 33(1)

sdiv hdg ins 2007 SL No. 282s 8

95Application for, and grant or refusal of, assistance under taxi subsidy scheme

(1)A person may apply to the chief executive for membership of the taxi subsidy scheme as a relevant person.

(2)The application must be in the approved form.

(3)The chief executive must consider the application and decide—

(a)to approve the application; or

(b)under subsection (4), to refuse to approve the application.

(4)The chief executive may refuse to approve the application, by giving the person a decision notice, if—

(a)the chief executive is not satisfied the person is a relevant person; or

(b)the person has been convicted of an offence against section 149(3) of the Act in relation to a taxi subsidy scheme.

s 95 amd 2016 SL No. 13s 4

96Chief executive may cancel assistance under taxi subsidy scheme

(1)The chief executive may cancel a person’s approval as an approved relevant person if—

(a)the chief executive is no longer satisfied the person is a relevant person; or

(b)the person has been convicted of an offence against section 149(3) of the Act in relation to a taxi subsidy scheme.

(2)Before cancelling the approval, the chief executive must give the approved relevant person a written notice—

(a)stating the chief executive is considering cancelling the approval; and

(b)stating the grounds for the cancellation; and

(c)outlining the facts and circumstances forming the basis for the grounds; and

(d)inviting the person to show, within a stated time of at least 28 days, why the cancellation should not be taken.

(3)If, after considering all written representations made within the stated time, the chief executive is not satisfied the person is a relevant person as mentioned in subsection (1)(a), or is satisfied the person has been convicted as mentioned in subsection (1)(b), the chief executive may cancel the approval by giving the person a decision notice.

(4)However, if the chief executive is no longer satisfied the person is a relevant person because the person is an NDIS participant, the chief executive—

(a)need not comply with subsection (2); and

(b)may cancel the approval by giving the person a decision notice.

(5)Unless the person has a reasonable excuse, as soon as practicable after the decision notice is given to the approved relevant person (but within 14 days), the person must return to the chief executive—

(a)the person’s membership card evidencing the person’s membership of the taxi subsidy scheme; and

(b)any unused taxi vouchers given under the taxi subsidy scheme.

Maximum penalty—10 penalty units.

(6)Even if the person does not return the membership card or any unused taxi vouchers given under the taxi subsidy scheme, the cancellation has effect from the date stated in the decision notice.

s 96 amd 2016 SL No. 13s 5

96AAProduction of membership card to receive benefit

An approved relevant person can not receive a benefit under the taxi subsidy scheme for a taxi journey by the person unless the person produces his or her membership card to the driver of the taxi for the journey that is to be subsidised.

s 96AA ins 2007 SL No. 282 s 9

amd 2017 SL No. 143s 34

sdiv hdg ins 2016 SL No. 13s 6

96AAAChief executive may disclose or use relevant information

(1)This section applies to—

(a)the use of relevant information for a TSS related person by the chief executive; and

(b)the disclosure of relevant information for a TSS related person, by the chief executive, to the following—

(i)a public service employee;

(ii)an entity established by an Act for a public purpose;

(iii)the Commonwealth, or an entity of the Commonwealth.

(2)The chief executive may use or disclose the relevant information for administering the taxi subsidy scheme.

(3)Without limiting subsection (2), the chief executive may use or disclose the relevant information—

(a)to decide whether the person is an NDIS participant; or

(b)to assist the transition of the person from the taxi subsidy scheme to the National Disability Insurance Scheme, whether or not the person becomes a participant in the National Disability Insurance Scheme; or

Example of paragraph (b)—

Disclosure of the relevant information to assist in deciding whether a person is eligible to become a participant in the National Disability Insurance Scheme.

(c)to assist the transition of the person from the National Disability Insurance Scheme to the taxi subsidy scheme, whether or not the person becomes an approved relevant person.

(4)In this section—

entity of the Commonwealth includes an entity established by an Act of the Commonwealth for a public purpose.

relevant information, for a TSS related person, means the following—

(a)the person’s name;

(b)the person’s date of birth;

(c)the person’s contact details;

(d)the person’s gender;

(e)other information about the person that is related to the administration of the taxi subsidy scheme.

Examples of other information—

•the name and contact details of the person’s carer or guardian and details of any relationship between the person and the person’s carer or guardian

•benefits received by the person under the taxi subsidy scheme

TSS related person means—

(a)an applicant for membership of the taxi subsidy scheme as a relevant person; or

(b)an approved relevant person; or

(c)a person who was previously an approved relevant person.

entity of the Commonwealth includes an entity established by an Act of the Commonwealth for a public purpose.

relevant information, for a TSS related person, means the following—

(a)the person’s name;

(b)the person’s date of birth;

(c)the person’s contact details;

(d)the person’s gender;

(e)other information about the person that is related to the administration of the taxi subsidy scheme.

Examples of other information—

•the name and contact details of the person’s carer or guardian and details of any relationship between the person and the person’s carer or guardian

•benefits received by the person under the taxi subsidy scheme

TSS related person means—

(a)an applicant for membership of the taxi subsidy scheme as a relevant person; or

(b)an approved relevant person; or

(c)a person who was previously an approved relevant person.

s 96AAA ins 2016 SL No. 13s 6

sdiv 3 (ss 96AB–96AC) ins 2007 SL No. 282s 9

96ABDisclosure or use of taxi subsidy scheme information

A person must not disclose or use taxi subsidy scheme information other than for an authorised purpose.

Maximum penalty—80 penalty units.

sdiv 3 (ss 96AB–96AC) ins 2007 SL No. 282s 9

96ACMisusing, or tampering with, membership card or approved card reader

A person must not misuse, or tamper with, a membership card or approved card reader.

Maximum penalty—40 penalty units.

sdiv 3 (ss 96AB–96AC) ins 2007 SL No. 282s 9

sdiv hdg ins 2007 SL No. 282 s 9

amd 2017 SL No. 143s 35

sdiv 4 (ss 96AD–96AE) ins 2007 SL No. 282s 9

96ADEnsuring approved card reader is fitted

(1)The holder of a taxi service licence must ensure a taxi operated under the licence is fitted with an approved card reader if the taxi is not an exempted taxi.

Maximum penalty—40 penalty units.

(2)The holder of a substitute taxivehicle authority must ensure a substitute vehicle for a taxi service licence used under the authority is fitted with an approved card reader.

Maximum penalty—40 penalty units.

sdiv 4 (ss 96AD–96AE) ins 2007 SL No. 282s 9

s 96AD ins 2007 SL No. 282s 9

amd 2017 SL No. 143s 36

96AEEnsuring approved card reader appears to be working when making taxi or substitute taxivehicle available under lease or contract

(1)This section applies if—

(a)the holder of—

(i)a taxi service licence for a taxi leases the licence; or

(ii)a substitute taxi authority for a taxi enters into a contract or other arrangement in relation to the substitute taxi authority; and

(ii)a substitute vehicle authority enters into a contract or other arrangement in relation to the motor vehicle stated in the authority (the substitute vehicle); and

(b)the holder makes the taxi or substitute taxivehicle available to another person under the lease, contract or arrangement; and

(c)the taxi or substitute taxivehicle is fitted with an approved card reader; and

(d)for the taxi—the taxi is not an exempted taxi.

(2)The holder must ensure the approved card reader appears to be working when the holder makes the taxi or substitute taxivehicle available to the other person.

Maximum penalty—40 penalty units.

sdiv 4 (ss 96AD–96AE) ins 2007 SL No. 282s 9

s 96AE ins 2007 SL No. 282s 9

amd 2017 SL No. 143s 37

sdiv hdg ins 2007 SL No. 282s 9

96AFEnsuring approved card reader appears to be working when taxi is made available to driver

(1)This section applies if—

(a)the operator of a booked hire service or taxi service makes available to a driver a taxi used to provide the service; and

(b)the taxi is fitted with an approved card reader; and

(c)the taxi is not an exempted taxi.

(2)The operator must ensure the approved card reader appears to be working when the operator makes the taxi available to the driver.

Maximum penalty—40 penalty units.

s 96AF ins 2007 SL No. 282 s 9

amd 2017 SL No. 143s 38

96AGEnsuring approved card reader interfaces with taximeter and is kept connected

(1)This section applies if—

(a)a taxi used to provide a booked hire service or taxi service is fitted with an approved card reader; and

(b)the taxi is fitted with a taximeter; and

(c)the taxi is not an exempted taxi.

(2)The operator of the service must ensure the approved card reader interfaces with the taximeter to enable the automatic calculation of the benefit under the taxi subsidy scheme for a journey.

Maximum penalty—20 penalty units.

(3)The operator of the service must ensure a connection for the electronic transmission of information is kept between the taximeter and the approved card reader while the taxi is in use.

Maximum penalty—20 penalty units.

(4)The operator of the service does not commit an offence against subsection (2) or (3) if—

(a)a defect in, or damage to, the approved card reader or the taximeter prevents compliance with the subsection; and

(b)arrangements have been made to repair the approved card reader.

s 96AG ins 2007 SL No. 282 s 9

amd 2017 SL No. 143s 39

96AHManual card reader and restricted use slips to be carried in taxi

(1)The operator of a booked hire service or taxi service must ensure that, while a taxi used to provide the service is available for hire, both of the following are carried in the taxi—

(a)a manual card reader;

(b)a sufficient number of restricted use slips for the period of time that the taxi is available for hire.

Maximum penalty—20 penalty units.

(2)In this section—

restricted use slip means a document that is used in association with a manual card reader to facilitate payments of taxi fares under a taxi subsidy scheme.

s 96AH ins 2007 SL No. 282 s 9

sub 2011 SL No. 287s 7

amd 2017 SL No. 143s 40

sdiv hdg ins 2007 SL No. 282s 9

96AIDriver authorisation number to be entered

(1)This section applies if—

(a)a taxi is fitted with an approved card reader; and

(b)the taxi is not an exempted taxi.

(2)The driver of the taxi must—

(a)enter his or her driver authorisation number into the approved card reader at the start of each shift to validate the currency of his or her driver authorisation; and

(b)sight the response from the approved card reader.

Maximum penalty—40 penalty units.

(3)The driver does not commit an offence against subsection (2) if—

(a)a defect in, or damage to, the approved card reader prevents compliance with the subsection; and

(b)arrangements have been made to repair the approved card reader.

s 96AI ins 2007 SL No. 282s 9

96AJHow approved card reader must be used

(1)This section applies if—

(a)an approved relevant person produces the person’s membership card to the driver of a taxi, used to provide a taxi service, for the journey that is to be subsidised; and

(b)the taxi is fitted with an approved card reader; and

(c)the taxi is not an exempted taxi.

(2)The driver must—

(a)use the membership card with the approved card reader—

(i)to validate the currency of the approved relevant person’s membership of the taxi subsidy scheme; and

(ii)to facilitate the payment, under the scheme, in relation to the fare for the journey; and

(b)sight the response for paragraph (a)(i) from the approved card reader.

Maximum penalty—40 penalty units.

(3)The driver does not commit an offence against subsection (2) if—

(a)a defect in, or damage to, the approved card reader prevents compliance with the subsection; and

(b)arrangements have been made to repair the approved card reader.

s 96AJ ins 2007 SL No. 282s 9

amd 2014 SL No. 218s 7

96AKWhen manual card reader must be used

(1)This section applies if—

(a)an approved relevant person produces the person’s membership card to the driver of a taxi, used to provide a taxi service, for the journey that is to be subsidised; and

(b)the taxi is not an exempted taxi; and

(c)the taxi is fitted with an approved card reader; and

(d)the approved card reader is not working properly or at all; and

(e)a manual card reader is carried in the taxi.

(2)The driver of the taxi must use the manual card reader to take an imprint of the membership card.

Maximum penalty—40 penalty units.

s 96AK ins 2007 SL No. 282s 9

96ALWhen manual card reader must not be used

The driver of a taxi must not use a manual card reader unless—

(a)the taxi is an exempted taxi; or

(b)the approved card reader is not working properly or at all.

Maximum penalty—40 penalty units.

s 96AL ins 2007 SL No. 282s 9

96AMDriver to compare photograph and not to hire taxi to particular person

(1)If, for a journey, a hirer of a taxi produces a membership card to the driver of the taxi, the driver must make a visual comparison between the person and the photograph on the membership card.

Maximum penalty—40 penalty units.

(2)The driver of a taxi must not hire the taxi to a person for a journey if the driver reasonably believes that—

(a)the person is not an approved relevant person; and

(b)the person intends to obtain a benefit under the taxi subsidy scheme in relation to the fare for the journey.

Maximum penalty—40 penalty units.

s 96AM ins 2007 SL No. 282s 9

div hdg ins 2010 SL No. 373 s 4

sdiv hdg ins 2010 SL No. 373s 4

sdiv 1 (ss 96AO–96AQ) ins 2010 SL No. 373s 4

96AOIssue of taxi driver display card

The chief executive may issue a taxi driver display card to a holder of driver authorisation for a taxi.

sdiv 1 (ss 96AO–96AQ) ins 2010 SL No. 373s 4

s 96AO ins 2010 SL No. 373s 4

96APTaxi driver display card to be displayed

(1)The driver of a taxi must not drive the taxi in a prescribed area while the taxi is available for hire unless the taxi driver displays the taxi driver display card for the driver in a prominent position inside the taxi so that information on the card is readily visible to all passengers in the taxi.

Maximum penalty—20 penalty units.

Note—

A taxi driver display card is an authorising document.

Editor’s note—

Taxi service areas are described on the department’s website at <www.tmr.qld.gov.au>.

(2)However, the driver of a taxi does not commit an offence under subsection (1) if the driver—

(a)is driving a NSW taxi to provide a cross-border taxi service; or

(ba)is displaying an interim taxi driver display card for the driver under section 96AU; or

(cb)is driving a taxi for a passenger journey originatingthat starts in a taxi service area other than a prescribed area.

sdiv 1 (ss 96AO–96AQ) ins 2010 SL No. 373s 4

s 96AP ins 2010 SL No. 373s 4

amd 2017 SL No. 143s 42

96AQPerson not to display taxi driver display card unless person holds driver authorisation for a taxi

A person issued a taxi driver display card under section 96AO who is driving a taxi while the taxi is available for hire must not display the card in the taxi unless the person holds driver authorisation for a taxi.

Maximum penalty—60 penalty units.

sdiv 1 (ss 96AO–96AQ) ins 2010 SL No. 373s 4

s 96AQ ins 2010 SL No. 373s 4

sdiv hdg ins 2010 SL No. 373s 4

sdiv 2 (ss 96AR–96AZ) ins 2010 SL No. 373s 4

96ARIssue of interim taxi driver display card

The chief executive may issue an interim taxi driver display card to an accredited operator of a taxi service who provides a taxi service in a prescribed area to enable the accredited operator to assign the card to a person if—

(a)the person holds driver authorisation for a taxi; and

(b)either—

(i)the most recent taxi driver display card issued to the person has been damaged, lost or stolen; or

(ii)the person has not been issued a taxi driver display card.

sdiv 2 (ss 96AR–96AZ) ins 2010 SL No. 373s 4

s 96AR ins 2010 SL No. 373s 4

amd 2017 SL No. 143s 43

96ASTemporary assignment of interim taxi driver display card by accredited operator of a taxi service

(1)An accredited operator of a taxi service who has been issued an interim taxi driver display card under section 96AR may assign the card to a person for a term of 2 weeks if—

(a)either—

(i)the most recent taxi driver display card issued to the person has been damaged, lost or stolen; or

(ii)a taxi driver display card has not been issued to the person; and

(b)the person gives the operator the following information about the person, and the operator has no reason to suspect the information is false—

(i)evidence that the person holds driver authorisation for a taxi;

(ii)written notice that—

(A)the most recent taxi driver display card issued to the person has been damaged, lost or stolen; or

(B)the person has not been issued a taxi driver display card.

Note—

An interim taxi driver display card is an authorising document.

(2)An accredited operator of a taxi service must not assign an interim driver display card to a person unless the person holds driver authorisation for a taxi.

Maximum penalty for subsection (2)—40 penalty units.

sdiv 2 (ss 96AR–96AZ) ins 2010 SL No. 373s 4

s 96AS ins 2010 SL No. 373s 4

amd 2017 SL No. 143s 44

96ATTemporary issue of interim taxi driver display card by chief executive

The chief executive may issue an interim taxi driver display card to a person who drives a taxi in a prescribed area for a term of 2 weeks if—

(a)the person holds driver authorisation for a taxi; and

(b)either—

(i)the most recent taxi driver display card issued to the person has been damaged, lost or stolen; or

(ii)a taxi driver display card has not been issued to the person.

sdiv 2 (ss 96AR–96AZ) ins 2010 SL No. 373s 4

s 96AT ins 2010 SL No. 373s 4

96AUWhen interim taxi driver display card must, or must not, be displayed

(1)This section applies if the driver of a taxi holds an interim taxi driver display card.

(2)The driver must not drive the taxi in a prescribed area while the taxi is available for hire unless the taxi driver displays the interim taxi driver display card in a prominent position inside the taxi so that information on the card is readily visible to all passengers in the taxi.

Maximum penalty—20 penalty units.

Note—

An interim taxi driver display card is an authorising document.

(3)However, the driver of a taxi does not commit an offence under subsection (2) if the driver— is driving a taxi for a journey that starts in a taxi service area other than a prescribed area.

(a)is driving a NSW taxi to provide a cross-border taxi service; or

(b)is driving a taxi for a passenger journey originating in a taxi service area other than a prescribed area.

(4)A person assigned or issued an interim taxi driver display card under section 96AS or 96AT who is driving a taxi in a prescribed area while the taxi is available for hire must not display the card in the taxi—

(a)other than during the term for which the card was issued or the term of the assignment; or

(b)if the person has been issued a taxi driver display card.

Maximum penalty—20 penalty units.

Note—

See also section 96AZ.

sdiv 2 (ss 96AR–96AZ) ins 2010 SL No. 373s 4

s 96AU ins 2010 SL No. 373s 4

amd 2017 SL No. 143s 45

96AVFalse or misleading information relating to assignment

A person must not give an accredited operator of a taxi service information the person knows is false or misleading in a material particular relating to the assignment of an interim taxi driver display card to the person.

Maximum penalty—40 penalty units.

sdiv 2 (ss 96AR–96AZ) ins 2010 SL No. 373s 4

s 96AV ins 2010 SL No. 373s 4

amd 2017 SL No. 143s 46

96AWRecord to be kept about assignment

An accredited operator of a taxi service who assigns an interim taxi driver display card to a person under section 96AS must keep a written record of the following for at least 5 years after the assignment at a place of business of theaccredited operator—

(a)the name and driver authorisation number of the person to whom the card is assigned;

(b)the reason for the assignment;

(c)the date of the assignment;

(d)the date the card is returned to the accredited operator;

Maximum penalty—20 penalty units.

sdiv 2 (ss 96AR–96AZ) ins 2010 SL No. 373s 4

s 96AW ins 2010 SL No. 373s 4

amd 2017 SL No. 143s 47

96AXReturn of interim taxi driver display card

(1)A person who is assigned an interim taxi driver display card under section 96AS must, unless the person has a reasonable excuse, return the card to the accredited operator of a taxi service who assigned the card to the person—

(a)within 2 weeks after the term of the assignment ends; or

(b)if requested by the accredited operator—

(i)immediately after the request is made; or

(ii)within the period stated by the accredited operator; or

(c)within 2 weeks after the person’s driver authorisation for a taxi is suspended or cancelled.

Maximum penalty—20 penalty units.

(2)Subsection (1) applies despite the assignment of the card to the person for a term of 2 weeks.

(3)A person who is issued an interim taxi driver display card under section 96AT must, unless the person has a reasonable excuse, return the card to the chief executive—

(a)within 2 weeks after the term for which the card was issued ends; or

(b)within 2 weeks after the person’s driver authorisation for a taxi is suspended or cancelled.

Maximum penalty—20 penalty units.

sdiv 2 (ss 96AR–96AZ) ins 2010 SL No. 373s 4

s 96AX ins 2010 SL No. 373s 4

amd 2017 SL No. 143s 48

96AYDuty to notify damage, loss or theft of interim taxi driver display card

(1)If an interim taxi driver display card is—

(a)issued to an accredited operator of a taxi service under section 96AR; and

(b)assigned to a person under section 96AS; and

(c)damaged, lost or stolen;

the person must give the accredited operator written notice of the damage, loss or theft, as soon as possible, unless the person has a reasonable excuse.

Maximum penalty—20 penalty units.

(2)If an interim taxi driver display card is—

(a)issued to an accredited operator of a taxi service under section 96AR; and

(b)damaged, lost or stolen;

the accredited operator must give the chief executive written notice of the damage, loss or theft no later than 5p.m. on the next business day after becoming aware of the damage, loss or theft, unless the accredited operator has a reasonable excuse.

Maximum penalty—20 penalty units.

sdiv 2 (ss 96AR–96AZ) ins 2010 SL No. 373s 4

s 96AY ins 2010 SL No. 373s 4

amd 2017 SL No. 143s 49

96AZPerson not to display interim taxi driver display card unless person holds driver authorisation for a taxi

A person assigned or issued an interim taxi display card under section 96AS or 96AT who is driving a taxi while the taxi is available for hire must not display the card in the taxi unless the person holds driver authorisation for a taxi.

Maximum penalty—60 penalty units.

sdiv 2 (ss 96AR–96AZ) ins 2010 SL No. 373s 4

s 96AZ ins 2010 SL No. 373s 4

pt hdg ins 2007 SL No. 200s 7

sub 2016 SL No. 161s 25

pt 6A (ss 96A–96C) ins 2007 SL No. 200s 7

96BRequirement to carry licence for NSW taxi

(1)The operator of a cross-border taxi service must ensure the licence for the NSW taxi used to provide the service is kept inside the NSW taxi and is readily available to the driver of the NSW taxi.

Maximum penalty—40 penalty units.

(2)A person driving a NSW taxi to provide a cross-border taxi servicein Queensland must, if asked by an authorised person, make the licence for the NSW taxi available for inspection by the authorised person.

Maximum penalty—40 penalty units.

(3)In this section—

licence, for a NSW taxi, means—

(a)the licence under the Passenger Transport Act 1990 (NSW), part 4, division 4 relating to the NSW taxi; or

(b)a copy of the licence mentioned in paragraph (a).

pt 6A (ss 96A–96C) ins 2007 SL No. 200s 7

s 96B ins 2007 SL No. 200s 7

amd 2017 SL No. 143s 50

96CCross-border taxi ranks

(1)The chief executive may erect or place a sign at a taxi rank in the Queensland–NSW border area identifying the taxi rank as a taxi rank where a NSW taxi can ply or stand for hire by a person intending to make a journey to New South Wales.

(2)In this section—

Queensland–NSW border area means the part of Queensland bound by the following—

(a)Currumbin Creek;

(b)Tomewin Mountain Road;

(c)the border between Queensland and New South Wales;

(d)the Queensland shoreline.

pt 6A (ss 96A–96C) ins 2007 SL No. 200s 7

s 96C ins 2007 SL No. 200s 7

pt hdg sub 2017 SL No. 143s 51

div hdg sub 2017 SL No. 143s 51