Transport Legislation Amendment Regulation 2026

1Short title

This regulation may be cited as the Transport Legislation Amendment Regulation 2026.

2Commencement

Part 2 commences on 1 February 2026.

3Regulation amended

This part amends the Transport Operations (Marine Safety) Regulation 2016.

4Amendment of sch 6 (Fees, charges and dues)

(1)Schedule 6, part 2, division 1, items 1 to 20—
omit, insert—

1	Southport pilotage area—the total of the following for each relevant movement for a ship—
	(a)  the minimum fee	1,316.56
	(b)  the additional fee, which is the combined total for each metre of the length of a ship that is—
	(i)  more than 80m but not more than 150m	28.72
	(ii)  more than 150m but not more than 200m	26.16
	(iii)  more than 200m but not more than 250m	20.82
	(iv)  more than 250m	18.31
2	Brisbane pilotage area—the total of the following for each relevant movement for a ship—
	(a)  the minimum fee	2,541.66
	(b)  the additional fee, which is the combined total for each metre of the length of a ship that is—
	(i)  more than 80m but not more than 150m	55.97
	(ii)  more than 150m but not more than 200m	50.96
	(iii)  more than 200m but not more than 250m	40.71
	(iv)  more than 250m	35.64
3	Maryborough pilotage area—the total of the following for each relevant movement for a ship—
	(a)  the minimum fee	1,316.56
	(b)  the additional fee, which is the combined total for each metre of the length of a ship that is—
	(i)  more than 80m but not more than 150m	28.72
	(ii)  more than 150m but not more than 200m	26.16
	(iii)  more than 200m but not more than 250m	20.82
	(iv)  more than 250m	18.31
4	Bundaberg pilotage area—the total of the following for each relevant movement for a ship—
	(a)  the minimum fee	1,478.97
	(b)  the additional fee, which is the combined total for each metre of the length of a ship that is—
	(i)  more than 80m but not more than 150m	32.10
	(ii)  more than 150m but not more than 200m	29.10
	(iii)  more than 200m but not more than 250m	23.33
	(iv)  more than 250m	20.49
5	Gladstone pilotage area—the total of the following for each relevant movement for a ship—
	(a)  the minimum fee	2,144.52
	(b)  the additional fee, which is the combined total for each metre of the length of a ship that is—
	(i)  more than 80m but not more than 150m	47.09
	(ii)  more than 150m but not more than 200m	42.89
	(iii)  more than 200m but not more than 250m	34.28
	(iv)  more than 250m	29.98
6	Rockhampton pilotage area—the total of the following for each relevant movement for a ship—
	(a)  the minimum fee	1,460.27
	(b)  the additional fee, which is the combined total for each metre of the length of a ship that is—
	(i)  more than 80m but not more than 150m	30.41
	(ii)  more than 150m but not more than 200m	27.69
	(iii)  more than 200m but not more than 250m	22.18
	(iv)  more than 250m	19.35
7	Hay Point pilotage area—the total of the following for each relevant movement for a ship—
	(a)  the minimum fee	1,661.60
	(b)  the additional fee, which is the combined total for each metre of the length of a ship that is—
	(i)  more than 80m but not more than 150m	35.26
	(ii)  more than 150m but not more than 200m	32.10
	(iii)  more than 200m but not more than 250m	25.67
	(iv)  more than 250m	22.45
8	Mackay pilotage area—the total of the following for each relevant movement for a ship—
	(a)  the minimum fee	1,468.94
	(b)  the additional fee, which is the combined total for each metre of the length of a ship that is—
	(i)  more than 80m but not more than 150m	31.17
	(ii)  more than 150m but not more than 200m	28.45
	(iii)  more than 200m but not more than 250m	22.67
	(iv)  more than 250m	19.78
9	Abbot Point pilotage area—the total of the following for each relevant movement for a ship—
	(a)  the minimum fee	1,472.21
	(b)  the additional fee, which is the combined total for each metre of the length of a ship that is—
	(i)  more than 80m but not more than 150m	31.56
	(ii)  more than 150m but not more than 200m	28.67
	(iii)  more than 200m but not more than 250m	22.84
	(iv)  more than 250m	20.00
10	Townsville pilotage area—the total of the following for each relevant movement for a ship—
	(a)  the minimum fee	1,483.38
	(b)  the additional fee, which is the combined total for each metre of the length of a ship that is—
	(i)  more than 80m but not more than 150m	32.48
	(ii)  more than 150m but not more than 200m	29.54
	(iii)  more than 200m but not more than 250m	23.60
	(iv)  more than 250m	20.71
11	Lucinda pilotage area—the total of the following for each relevant movement for a ship—
	(a)  the minimum fee	1,467.69
	(b)  the additional fee, which is the combined total for each metre of the length of a ship that is—
	(i)  more than 80m but not more than 150m	31.07
	(ii)  more than 150m but not more than 200m	28.29
	(iii)  more than 200m but not more than 250m	22.56
	(iv)  more than 250m	19.67
12	Mourilyan pilotage area—the total of the following for each relevant movement for a ship—
	(a)  the minimum fee	1,469.97
	(b)  the additional fee, which is the combined total for each metre of the length of a ship that is—
	(i)  more than 80m but not more than 150m	31.39
	(ii)  more than 150m but not more than 200m	28.50
	(iii)  more than 200m but not more than 250m	22.73
	(iv)  more than 250m	19.89
13	Cairns pilotage area—the total of the following for each relevant movement for a ship—
	(a)  the minimum fee	1,480.00
	(b)  the additional fee, which is the combined total for each metre of the length of a ship that is—
	(i)  more than 80m but not more than 150m	32.16
	(ii)  more than 150m but not more than 200m	29.27
	(iii)  more than 200m but not more than 250m	23.38
	(iv)  more than 250m	20.55
14	Port Douglas pilotage area—the total of the following for each relevant movement for a ship—
	(a)  the minimum fee	1,316.56
	(b)  the additional fee, which is the combined total for each metre of the length of a ship that is—
	(i)  more than 80m but not more than 150m	28.72
	(ii)  more than 150m but not more than 200m	26.16
	(iii)  more than 200m but not more than 250m	20.82
	(iv)  more than 250m	18.31
15	Cooktown pilotage area—the total of the following for each relevant movement for a ship—
	(a)  the minimum fee	1,316.56
	(b)  the additional fee, which is the combined total for each metre of the length of a ship that is—
	(i)  more than 80m but not more than 150m	28.72
	(ii)  more than 150m but not more than 200m	26.16
	(iii)  more than 200m but not more than 250m	20.82
	(iv)  more than 250m	18.31
16	Cape Flattery pilotage area—the total of the following for each relevant movement for a ship—
	(a)  the minimum fee	1,501.64
	(b)  the additional fee, which is the combined total for each metre of the length of a ship that is—
	(i)  more than 80m but not more than 150m	34.12
	(ii)  more than 150m but not more than 200m	31.07
	(iii)  more than 200m but not more than 250m	24.85
	(iv)  more than 250m	21.80
17	Thursday Island pilotage area—the total of the following for each relevant movement for a ship—
	(a)  the minimum fee	1,316.56
	(b)  the additional fee, which is the combined total for each metre of the length of a ship that is—
	(i)  more than 80m but not more than 150m	28.72
	(ii)  more than 150m but not more than 200m	26.16
	(iii)  more than 200m but not more than 250m	20.82
	(iv)  more than 250m	18.31
18	Skardon River pilotage area—the total of the following for each relevant movement for a ship—
	(a)  the minimum fee	1,316.56
	(b)  the additional fee, which is the combined total for each metre of the length of a ship that is—
	(i)  more than 80m but not more than 150m	28.72
	(ii)  more than 150m but not more than 200m	26.16
	(iii)  more than 200m but not more than 250m	20.82
	(iv)  more than 250m	18.31
19	Weipa pilotage area—the total of the following for each relevant movement for a ship—
	(a)  the minimum fee	2,260.50
	(b)  the additional fee, which is the combined total for each metre of the length of a ship that is—
	(i)  more than 80m but not more than 150m	50.63
	(ii)  more than 150m but not more than 200m	46.00
	(iii)  more than 200m but not more than 250m	36.79
	(iv)  more than 250m	32.21
20	Karumba pilotage area—the total of the following for each relevant movement for a ship—
	(a)  the minimum fee	1,325.77
	(b)  the additional fee, which is the combined total for each metre of the length of a ship that is—
	(i)  more than 80m but not more than 150m	29.54
	(ii)  more than 150m but not more than 200m	26.87
	(iii)  more than 200m but not more than 250m	21.53
	(iv)  more than 250m	18.80

(2)Schedule 6, part 2, divisions 2 and 3—
omit, insert—

Division 2 Fees for cancelling pilotage services

		Fee units
1	Cancellation of pilotage service—
	(a)  for the Abbot Point, Hay Point and Lucinda pilotage areas	836.90
	(b)  for the Brisbane, Gladstone and Weipa pilotage areas	946.01
	(c)  for the Bundaberg, Cairns, Mackay, Mourilyan and Townsville pilotage areas	800.50
	(d)  for the Cape Flattery pilotage area	873.31
	(e)  for the Cooktown, Karumba, Maryborough, Port Douglas, Rockhampton, Skardon River, Southport and Thursday Island pilotage areas	727.74

Division 3 Fees for delaying pilotage services

		Fee units
1	Delay of pilotage service—
	(a)  for the Abbot Point, Hay Point and Lucinda pilotage areas	418.40
	(b)  for the Brisbane, Gladstone and Weipa pilotage areas	473.06
	(c)  for the Bundaberg, Cairns, Mackay, Mourilyan and Townsville pilotage areas	400.36
	(d)  for the Cape Flattery pilotage area	436.60
	(e)  for the Cooktown, Karumba, Maryborough, Port Douglas, Rockhampton, Skardon River, Southport and Thursday Island pilotage areas	363.84

5Regulation amended

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

6Amendment of s 24 (Licence requirements)

(1)Section 24(3)(f), from ‘issued by’—
omit, insert—

issued by a recognised country.

(2)Section 24(4), definition experienced driver recognition country—
omit.

7Regulation amended

This part amends the Transport Operations (Road Use Management—Driver Licensing) Regulation 2021.

8Replacement of s 10 (Foreign driver licences that are experienced driver recognition licenses or recognised country licences)

Section 10—
omit, insert—

10Foreign driver licences that are recognised country licences

(1)A foreign driver licence issued under the law of a recognised country is a recognised country licence.

(2)However, a foreign driver licence is not a recognised country licence if—

(a)the approval by Austroads of the country that issued the licence as a recognised country states the approval applies only to—

(i)particular licences issued under the law of that country; or

(ii)licences issued under the law of that country that have been held by a person for a stated period; and

(b)the approval does not apply to the foreign driver licence.

9Insertion of new s 11A

After section 11—
insert—

11APractical driving tests

(1)The chief executive may conduct a test of a person’s practical ability to drive a motor vehicle.

(2)Also, the chief executive may enter into an arrangement with an entity the chief executive considers suitable to conduct a test of a person’s practical ability to drive a motor vehicle.

(3)A test mentioned in subsection (1) or (2) is a practical driving test.

Example of a practical driving test—

a test of a person’s practical ability to—

•drive a motor vehicle in a forward and reverse direction

•drive a motor vehicle into or through a restricted space in a forward and reverse direction

•stop a motor vehicle, with the engine running and the gears disengaged, during the ascent of a steep hill and restart the vehicle in a forward direction

•drive a motor vehicle while the vehicle is carrying a load

10Amendment of s 116 (Testing requirements for foreign driver licence holders)

Section 116(1)(b)—
omit, insert—

(b)holds or has held, within the period of 5 years before the person applies for the Queensland driver licence, a foreign driver licence, issued under the law of an unrecognised country, of a class or kind (however described) that corresponds to the class of the Queensland driver licence applied for.

11Amendment of s 120 (Tests for higher class licences)

Section 120(3)—
omit, insert—

(3)Subsection (4) applies if the person holds a foreign driver licence, issued under the law of an unrecognised country, that corresponds to a class RE Queensland driver licence.

12Amendment of s 124 (Tests for lower class licences)

Section 124(1)(c)—
omit.

13Amendment of s 166 (Additional testing requirements for foreign driver licence holders)

Section 166(1)—
omit, insert—

(1)This section applies if the person holds or has held, within the period of 5 years before the person applies for the class R Queensland driver licence, a foreign driver licence, issued under the law of an unrecognised country, that corresponds to a class RE Queensland driver licence.

14Replacement of s 183 (Exemptions for class C, RE and R Queensland driver licences)

Section 183—
omit, insert—

183Exemptions for class C, RE and R Queensland driver licences

A person is not required to pass a road rules test for a class C, RE or R Queensland driver licence if the person holds or has held, within the period of 5 years before the person applies for the Queensland driver licence—

(a)a New Zealand licence of a class or kind (however described) that corresponds to the class of the Queensland driver licence; or

(b)a recognised country licence of a class or kind (however described) that corresponds to the class of the Queensland driver licence.

15Amendment of s 186 (Exemptions for class C Queensland driver licences)

Section 186(1)—
omit, insert—

(1)A person is not required to pass a practical driving test for a class C Queensland driver licence if the person holds or has held, within the period of 5 years before the person applies for the Queensland driver licence, a recognised country licence that corresponds to a class C Queensland driver licence.

16Amendment of s 188 (Exemptions for class RE learner licences)

Section 188(b), from ‘driver licence that’—
omit, insert—

driver licence that—

(i)is or corresponds to a class RE learner licence; and

(ii)is an Australian driver licence, a New Zealand licence or a recognised country licence; or

17Amendment of s 189 (Exemptions for class RE and R Queensland driver licences)

Section 189(1)—
omit, insert—

A person is not required to pass a practical driving test or hold a competency declaration for a class RE or R Queensland driver licence if the person holds or has held, within the period of 5 years before the person applies for the Queensland driver licence, a recognised country licence of a class or kind (however described) that corresponds to the class of the Queensland driver licence.

18Amendment of sch 9 (Dictionary)

(1)Schedule 9, definitions experienced driver recognition country, experienced driver recognition licence and practical driving test—
omit.

(2)Schedule 9—
insert—

practical driving test see section 11A(3).

(3)Schedule 9, definition recognised country licence, ‘section 10(2)’—
omit, insert—

section 10(1)

(4)Schedule 9, definition unrecognised country, ‘an experienced driver recognition country,’—
omit.

19Regulation amended

This part amends the Transport Operations (Road Use Management—Road Rules) Regulation 2009.

20Amendment of s 5 (Compliance with standards)

(1)Section 5(1)(c)—
omit.

(2)Section 5—
insert—

(1A)Subsection (3) applies in relation to the following standards—

(a)a standard mentioned in subsection (1);

(b)ASTM F1447;

(c)EN 1078;

(d)Snell B-95;

(e)UN ECE 22;

(f)US standard 16 CFR part 1203.

(3)Section 5(2), ‘subsection (1)’—
omit, insert—

subsection (2)

(4)Section 5(2), after ‘designation’—
insert—

, or the standard in force,

(5)Section 5(3)—
omit.

(6)Section 5(1A) and (2)—
renumber as section 5(2) and (3).

21Amendment of sch 5 (Dictionary)

(1)Schedule 5, definition approved bicycle helmet—
omit, insert—

approved bicycle helmet means a helmet that—

(a)complies with—

(i)AS 2063; or

(ii)AS/NZS 2063; or

(iii)ASTM F1447; or

(iv)EN 1078; or

(v)Snell B-95; or

(vi)US standard 16 CFR part 1203; or

(vii)another standard the chief executive considers is at least equal to a standard mentioned in subparagraphs (i) to (vi); and

(b)bears a label, or similar mark, indicating compliance with a standard mentioned in paragraph (a).

(2)Schedule 5—
insert—

ASTM F1447 means the standard titled ‘ASTM F1447 Standard specification for helmets used in recreational bicycling or roller skating’, published by the American Society for Testing and Materials International.

EN 1078 means the standard titled ‘EN 1078:2012 Helmets for pedal cyclists and for users of skateboards and roller skates’, published by the European Committee for Standardization.

Snell B-95 means the standard titled ‘1995 Standard for protective headgear’, published by the Snell Memorial Foundation.

UN ECE 22 means the standard titled ‘Uniform provisions concerning the approval of protective helmets and of their visors for drivers and passengers of motor cycles and mopeds’, published by the United Nations.

US standard 16 CFR part 1203 means the standard titled ‘Safety standard for bicycle helmets’, published by the United States Consumer Product Safety Commission.