Rail Safety National Law (Queensland) and Other Legislation Amendment Regulation 2025

1Short title

This regulation may be cited as the Rail Safety National Law (Queensland) and Other Legislation Amendment Regulation 2025.

2Commencement

Part 2 commences on 15 January 2026.

3Regulation amended

This part amends the Rail Safety National Law (Queensland) Regulation 2017.

4Insertion of new pt 2, div 1, hdg

Before section 4—
insert—

Division 1 Testing procedures and evidentiary matters

5Replacement of s 4 (Analyst’s laboratory—Act, s 15)

Section 4—
omit, insert—

4Analyst’s laboratory—Act, s 15

For section 15 of the Act, definition analyst, a laboratory approved by the chief executive under section 18A(1)(a) for carrying out an analysis or laboratory test is prescribed for the analysis or test.

6Amendment of s 5 (Preliminary breath test—Act, s 15)

Section 5, heading, ‘Preliminary’—
omit, insert—

Device for preliminary

7Replacement of s 6 (Preliminary saliva test—Act, s 15)

Section 6—
omit, insert—

6Device for preliminary saliva test—Act, s 15

For section 15 of the Act, definition preliminary saliva test, a device approved by the chief executive under section 18A(1)(b) for testing saliva is approved.

8Amendment of s 8 (Requirements for how to provide specimen of breath or saliva for analysis—Act, s 34)

Section 8(3), definition collection unit—
omit, insert—

collection unit means a device for collecting a specimen of saliva for analysis that is approved by the chief executive under section 18A(1)(c).

9Insertion of new pt 2, div 2

After section 18—
insert—

Division 2 Approval of particular matters

18AApproval of laboratory or particular devices

(1)The chief executive may approve—

(a)for section 4—a laboratory for carrying out an analysis or laboratory test; or

(b)for section 6—a device for testing saliva; or

(c)for section 8(3), definition collection unit—a device for collecting a specimen of saliva for analysis.

(2)The chief executive must publish notice of the approval on the department’s website.

(3)The notice must state—

(a)for an approval under subsection (1)(a)—the name of the laboratory; and

(b)for an approval under subsection (1)(b) or (c)—details of the device; and

(c)the day, not earlier than the day the notice is published, the approval takes effect.

(4)The approval takes effect on the day stated in the notice under subsection (3)(c).

18BRevocation of approvals under s 18A

(1)The chief executive may revoke an approval under section 18A.

(2)The chief executive must publish notice of the revocation on the department’s website.

(3)The notice must state—

(a)details of the approval being revoked; and

(b)the day, not earlier than the day the notice is published, the revocation takes effect.

(4)The revocation takes effect on the day stated in the notice under subsection (3)(b).

18CRegister of approvals under s 18A

(1)The chief executive must keep a register of approvals given under section 18A.

(2)The register must include the following information for each approval—

(a)details of the approval;

(b)the day the approval took effect;

(c)if the approval has been revoked under section 18B—the day the revocation took effect.

(3)The chief executive may keep the register in the way the chief executive considers appropriate.

(4)However, the chief executive must publish the register on the department’s website.

10Regulation amended

This part amends the Transport Operations (Passenger Transport) Regulation 2018.

11Amendment of s 76 (Integrated mass transit area—Act, s 62AAA)

Section 76—
insert—

(c)the service contract area or route called the Victoria Point–Coochiemudlo Island service contract route.