Heavy Vehicle National Law and Other Legislation Amendment Bill 2018


Queensland Crest

An Act to amend the Duties Act 2001 , the Heavy Vehicle National Law Act 2012 , the State Penalties Enforcement Regulation 2014 , the Transport Operations (Road Use Management) Act 1995 , the Transport Operations (Road Use Management—Road Rules) Regulation 2009 , the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2010 and the Transport Planning and Coordination Act 1994 for particular purposes

The Parliament of Queensland enacts—

Part 1 Preliminary

1Short title

This Act may be cited as the Heavy Vehicle National Law and Other Legislation Amendment Act 2018.

2Commencement

(1)Sections 16, 32, 33, 34 and 43 commence immediately after the commencement of the Heavy Vehicle National Law and Other Legislation Amendment Act 2016 , section 10.
(2)Parts 2 , 3 and 8 and sections 12 to 15, 17, 18, 24 to 31 and 35 to 41 commence on 1 July 2018.
(3)Sections 19 to 23, 42, 45(1) and 47 commence on a day to be fixed by proclamation.

Part 2 Amendment of Duties Act 2001

3Act amended

This part amends the Duties Act 2001 .

4Amendment of s 387 (Exemption—registration of heavy vehicle)

(1)Section 387 , ‘for registration of’—

omit, insert

to register

(2)Section 387

insert

(2)Also, vehicle registration duty is not imposed on an application to register a heavy vehicle if—
(a)the application is made during the period starting on 1 July 2018 and ending on 30 June 2019; and
(b)immediately before the application is made, the vehicle is registered under the Interstate Road Transport Act 1985 (Cwlth); and
(c)the application is the first application to register the vehicle in a State; and
(d)the application is made by the same person in whose name the vehicle is registered under the Interstate Road Transport Act 1985 (Cwlth).
(3)Subsection (2) does not apply if the application is part of an arrangement the sole or dominant purpose of which is to avoid the imposition of vehicle registration duty on the application.
(4)In this section—
heavy vehicle means a heavy vehicle under the Heavy Vehicle National Law (Queensland) .

5Act amended

This part amends the Heavy Vehicle National Law Act 2012 .

6Amendment of s 3 (Definitions)

Section 3
insert—
National Law, for part 4A, see section 42B.

7Amendment of s 4 (Application of Heavy Vehicle National Law)

Section 4 (a), after ‘jurisdiction’—

insert

, as modified by parts 4 and 4A

8Amendment of s 31 (Additional road authority certificates)

(1)Section 31 (1)—

insert

(g)a stated vehicle was or was not registered under TORUM as a heavy vehicle; or
(h)a stated vehicle registered under TORUM was or was not registered as a heavy vehicle of a stated category; or
(i)a stated person was or was not the registered operator, under TORUM, of a stated vehicle; or
(j)a stated registration under TORUM was or was not amended or cancelled under that Act;

(2)Section 31 (3), ‘(f)’—

omit, insert

(j)

9Insertion of new s 42A

Part 4 , division 5

insert

42AAuthorisation for s 688 of the Law (Payments into Fund)

(1)For section 688(1)(e) of the Law, an amount equal to the regulatory component of the charges payable for the registration of heavy vehicles is to be paid into the Fund.
(2)In this section—
regulatory component, of the charges payable for the registration of heavy vehicles, means the component of the charges prescribed under TORUM as the regulatory component of the charges.

10Insertion of new pt 4A

After part 4

insert

Part 4A Other modifications of National Law

42BMeaning of National Law

In this part—
National Law means the Heavy Vehicle National Law set out in the Schedule.

42COperation of pt 4A

This part states other modifications of the National Law for the purpose of applying the Law as a law of this jurisdiction under section 4.

42DAmendment of s 598 (Power to cancel or suspend vehicle registration)

National Law, s 598(2)—

omit, insert

(2)The court may make an order that the registration of a heavy vehicle in relation to which the offence was committed and of which the person is a registered operator is cancelled.

Editor’s note—

This subsection is a substituted Queensland provision.

11Omission of pt 6, div 4 (Interim registration provisions)

Part 6 , division 4

omit.

Part 4 Amendment of Heavy Vehicle National Law

12Law amended

This part amends the Heavy Vehicle National Law as set out in the Schedule to the Heavy Vehicle National Law Act 2012 .

13Amendment of s 4 (Regulatory framework to achieve object)

Section 4 (b)—

omit, insert

(b)provides for a database of heavy vehicles; and

14Amendment of s 5 (Definitions)

(1)Section 5 , definitions conditionally registered, insurer, registered operator, registration, registration authority, registration exemption, registration item, registration number, unregistered heavy vehicle permit, vehicle register, vehicle registration duty, vehicle registration duty legislation, wrecked and written-off

omit.

(2)Section 5

insert—

database of heavy vehicles means the database of heavy vehicles kept under section 686A.
registered operator, of a heavy vehicle, means the person recorded on a vehicle register as the person responsible for the vehicle, however named, kept under another Australian road law.
registration, of a heavy vehicle, means registration of the vehicle under an Australian road law.
registration authority, for a heavy vehicle, means the authority responsible for the registration of the vehicle under an Australian road law.
registration item means a document, number plate, label or other thing relating to the registration or purported registration of a heavy vehicle.
registration number, for a heavy vehicle, means the identifying registration number, however described, given to the vehicle under an Australian road law.
unregistered heavy vehicle permit means a permit granted or issued under an Australian road law authorising the use of an unregistered heavy vehicle on a road.

(3)Section 5 , definition GCM, paragraph (a)

omit, insert—

(a)if the registration authority has specified the total maximum loaded mass of the motor vehicle and any vehicles it may lawfully tow at any given time—specified by the registration authority; or

(4)Section 5 , definition GVM, paragraph (a)

omit, insert—

(a)if the registration authority has specified the vehicle’s maximum loaded mass—specified by the registration authority; or

15Amendment of s 6 (Meaning of heavy vehicle)

Section 6 (2), ‘other than in relation to registration under this Law’—

omit.

16Amendment of s 26D (Duty of executive of legal entity)

(1)Section 26D(1), ‘a duty under section 26C’—
omit, insert

a safety duty

(2)Section 26D(1) and (2), ‘the duty’—
omit, insert

the safety duty

(3)Section 26D—
insert
(2A)Subsection (1) does not apply to an executive of the legal entity acting on a voluntary basis, whether or not the executive is reimbursed for the expenses incurred by the executive for carrying out activities for the legal entity.
(4)Section 26D(3)—
insert
safety duty means a duty imposed under any of the following provisions—
(a)section 26C;
(b)section 26E(1) or (2);
(c)section 89(1);
(d)section 93(1), (2) or (3);
(e)section 129(1), (2) or (3);
(f)section 137;
(g)section 150(1);
(h)section 153A(1);
(i)section 186(2), (3), (4) or (5);
(j)section 187(2) or (3);
(k)section 335(1);
(l)section 336(1);
(m)section 337(2);
(n)section 454(1) or (2);
(o)section 467;
(p)section 470(2), (3) or (4);
(q)section 604;
(r)section 610.
(5)Section 26D(3), definition due diligence, paragraph (d)(iii), ‘duty under section 26C’—
omit, insert

safety duties

17Omission of Ch 2 (Registration)

Chapter 2—

omit.

18Amendment of s 60 (Compliance with heavy vehicle standards)

(1)Section 60 (3), from ‘the Regulator’—

omit, insert

the registration authority for the heavy vehicle at the time the registration authority registered the vehicle under an Australian road law.

(2)Section 60 (4)—

omit, insert

(4)For the purposes of subsection (3), the registration authority is taken to have known of the heavy vehicle’s noncompliance with a heavy vehicle standard at the time the registration authority registered the vehicle if the noncompliance was mentioned in—
(a)an operations plate that was installed on the vehicle at the time it was registered; or
(b)a certificate of approved operations issued for the vehicle and in force at the time the vehicle was registered; or
(c)a document obtained by the registration authority under an Australian road law in connection with the registering of the vehicle.

(3)Section 60 (5), ‘registration’—

omit, insert

heavy vehicle’s registration under an Australian road law

19Amendment of s 105 (Minor risk breach)

Section 105 , from ‘if the subject’—
omit, insert

if—

(a)the dimension requirement relates to the vehicle’s ground clearance; or
(b)for a contravention of any other dimension requirement—the subject matter of the contravention is less than the substantial risk breach lower limit for the requirement.

20Amendment of s 116 (Class 1 heavy vehicles and class 3 heavy vehicles)

Section 116 (4), definition special purpose vehicle, paragraph (a), ‘carrying goods’—
omit, insert

transporting goods by road

21Amendment of s 192A (Form of information in container weight declaration)

Section 192A (2)(b)—
omit, insert
(b)examining documents made available to the authorised officer on an electronic device or otherwise in electronic form.

22Amendment of s 319 (Records record keeper must have)

Section 319 (1)(a)—
insert
(viii)the location of the driver’s base;
(ix)if the location of the driver’s base changes—the date on which the location changes; and

23Insertion of new s 319A

Chapter 6, Part 6.4, Division 3, Subdivision 2—
insert

319A General requirements about driver recording and giving information to record keeper

(1)This section applies if the driver’s record keeper on a relevant day is a person other than the driver.
(2)The driver must, unless the driver has a reasonable excuse—
(a)within 24 hours after the driver stops working on the relevant day, record the information mentioned in section 319(1)(a)(iii) to (vi) for that day; and
(b)within 21 days after the relevant day, give the information mentioned in section 319(1) for that day to the driver’s record keeper.

Maximum penalty—$3000.

(3)The requirement imposed on the driver by subsection (2)(a) is taken to be satisfied if the record keeper records the information within the period mentioned in the provision.
(4)The requirement imposed on the driver by subsection (2)(b) is taken to be satisfied if the record keeper obtains the information within the period mentioned in the provision in any way, including, for example, because the information is recorded—
(a)in an electronic work diary used by the driver, the information in which is maintained by the record keeper; or
(b)by the record keeper.
(5)The record keeper must, so far as is reasonably practicable, ensure the driver complies with subsection (2)(b).

Maximum penalty—$3000.

(6)If the record keeper has engaged another person under a contract for services to comply with subsection (5) for the record keeper—
(a)the record keeper remains liable for an offence against subsection (5); and
(b)the other person is also liable for an offence against subsection (5) as if the other person were the record keeper mentioned in the subsection.
(7)In this section—
relevant day means a day on which the driver drives a fatigue-regulated heavy vehicle on a road.

24Amendment of s 520 (Power to enter and inspect heavy vehicles for monitoring purposes)

Section 520 (2)(b)—

omit, insert

(b)without limiting paragraph (a), look for, check the details of, or film a registration item, label or other thing required to be displayed on the heavy vehicle under an Australian road law; and

25Amendment of s 521 (Power to enter and search heavy vehicle involved, or suspected to be involved, in an offence etc.)

Section 521 (3)(c)—

omit, insert

(c)without limiting paragraph (b), look for, check the details of, or film a registration item, label or other thing required to be displayed on the heavy vehicle under an Australian road law; and

26Amendment of s 522 (Power to order presentation of heavy vehicles for inspection)

Section 522 (6)

omit.

27Amendment of s 525 (Definitions for Div 6)

Section 525 , definition registration authority

omit.

28Amendment of s 527 (Requirements about vehicle defect notice)

Section 527 (1)(i), ‘under this Law’—

omit, insert

by a registration authority under an Australian road law

29Amendment of s 551 (Seizure of number plates)

Section 551 , ‘this Law or any other applicable law’—

omit, insert

an Australian road law

30Amendment of s 569 (Power to require production of documents etc. generally)

Section 569 (1)(f)—

omit, insert

(f)a document in the person’s possession or under the person’s control showing that a heavy vehicle’s garage address recorded on a vehicle register, however named, kept under another Australian road law is or is not the vehicle’s actual garage address.

31Amendment of s 598 (Power to cancel or suspend vehicle registration)

Section 598 (5), ‘the Regulator’—

omit, insert

the registration authority for the heavy vehicle

32Amendment of s 636 (Liability of executive officers of corporation)

(1)Section 636 (1)—
insert

Note—

See also section 26D for the duty of an executive officer of a corporation to exercise due diligence to ensure the corporation complies with its safety duties under this Law.
(2)Section 636 (2) and (3)—
omit.

33Amendment of s 637 (Treatment of unincorporated partnerships)

(1)Section 637 (5) and (6)—
omit.
(2)Section 637 (8), ‘Subsections (4) and (5) do’—
omit, insert

Subsection (4) does

34Amendment of s 638 (Treatment of other unincorporated bodies)

(1)Section 638 (5) and (6)—
omit.
(2)Section 638 (8), ‘Subsections (4) and (5) do’—
omit, insert

Subsection (4) does

35Amendment of s 653 (Approved guidelines for exemptions, authorisations, permits and other authorities)

Section 653 (1)(a)—

omit.

36Amendment of s 658 (General powers of Regulator)

Section 658 (2)(b)—

omit, insert

(b)the Regulator to provide services to the State or Territory relating to the functions of the Regulator under this Law.

37Amendment of s 659 (Functions of Regulator)

Section 659 (2)(a)—

omit, insert

(a)to provide the necessary administrative services for the operation of this Law, including, for example, collecting fees, charges and other amounts payable under this Law;
(aa)to keep the database of heavy vehicles;

38Amendment of s 660 (Cooperation with participating jurisdictions and Commonwealth)

(1)Section 660 (2)—

insert

(c)give information to a government agency of a participating jurisdiction or the Commonwealth that the agency requires to exercise its functions under a law of the participating jurisdiction or the Commonwealth.

(2)Section 660
insert—
(4)A government agency that receives information under this section from the Regulator is authorised to use the information only to exercise its functions mentioned in subsection (2)(c).

39Insertion of new Ch 12, Pt 12.2A

After Chapter 12, Part 12.2—

insert

Part 12.2A Database of heavy vehicles

686A Database of heavy vehicles

(1)The Regulator must keep a database of heavy vehicles that enables the identification of a heavy vehicle registered under a law of a participating jurisdiction and the registered operator of the vehicle.
(2)The database of heavy vehicles must—
(a)be kept in the way prescribed by the national regulations; and
(b)contain the information prescribed by the national regulations.
(3)The Regulator may include in the database of heavy vehicles other information the Regulator considers relevant to the objects of this Law, including information given by another Australian jurisdiction to the Regulator.
(4)The Regulator may require a registration authority that registers a heavy vehicle under a law of a participating jurisdiction to give the Regulator the information prescribed under subsection (2)(b) as soon as reasonably practicable after the registration authority receives the information.
(5)If the registration authority becomes aware of a change to the information given to the Regulator under subsection (4), the registration authority must, as soon as reasonably practicable after becoming aware of the change, notify the Regulator of the change.

686B Regulator may share information in database of heavy vehicles

The Regulator may give information included in the database of heavy vehicles to—

(a)a registration authority for a participating jurisdiction or another Australian jurisdiction; or
(b)a police force or police service for a participating jurisdiction or another Australian jurisdiction.

40Amendment of s 688 (Payments into Fund)

Section 688 (2) and (3)—

omit, insert

(2)Money that is received by the Regulator under an agreement mentioned in section 658(2)(b) and that is payable to another entity under the agreement is not payable into the Fund.

41Amendment of s 711 (Evidence by certificate by Regulator generally)

(1)Section 711 (1)(a) to (d)—

omit.

(2)Section 711 (1)(h), ‘registration,’—

omit.

42Insertion of new s 737A

After section 737
insert

737A Application of s 737 to new penalties

(1)The enactment of a new penalty includes the enactment of an increase in the amount of penalty applying under section 737, to take effect when the new penalty commences.
(2)For applying section 737 under subsection (1) to a new penalty, the amount of penalty applying under section 737 is to be calculated as if—
(a)the new penalty had commenced before 1 July 2014; and
(b)the amount of penalty applying had been increased under section 737(2) on 1 July 2014 and any later 1 July happening before the new penalty actually commences.
(3)In this section—
new penalty means a penalty amount stated at the end of a provision for an offence inserted into this Law by an amending Act.

43Amendment of Sch 4 (Liability provisions)

(1)Schedule 4, from ‘The provisions specified in column 3’ to ‘638(5).’—
omit.
(2)Schedule 4, column 3—
omit.

44Regulation amended

This part amends the State Penalties Enforcement Regulation 2014 .

45Amendment of sch 1 (Infringement notice offences and fines for nominated laws)

(1)Schedule 1 , entry for Heavy Vehicle National Law (Queensland)
insert

s 319A(2)

  

s 319A(5)

  
(2)Schedule 1 , entry for Transport Operations (Road Use Management) Act 1995
insert

s 83(1)

in the circumstances in paragraph (c) of the penalty

4

s 93(2)

2

s 93(4)

3

(3)Schedule 1 , entry for Transport Operations (Road Use Management—Road Rules) Regulation 2009 , entries for section 287 (2) and 287(3)—
omit.

46Act amended

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

47Insertion of new s 77AAA

After section 77
insert—

77AAA Chief executive may advise registered operator of offences committed in registered operator’s vehicle

(1)Subsection (2) applies if—
(a)a person (the offender) does something in a motor vehicle that is a contravention that forms part of the offender’s traffic history; and
(b)the offender is not a registered operator of the motor vehicle.
(2)The chief executive may by electronic communication notify the registered operator of the following—
(a)the name of the offender;
(b)a description of the offender’s contravention;
(c)the time, date and location of the contravention.
(3)The reference in subsection (2) to the registered operator is a reference to—
(a)if there is only 1 registered operator of the vehicle—the registered operator; or
(b)if there is more than 1 registered operator of the vehicle—the registered operator mentioned first on the vehicle’s registration certificate.

48Amendment of s 80 (Breath and saliva tests, and analysis and laboratory tests)

Section 80 (8J)—
omit.

49Amendment of s 83 (Careless driving of motor vehicles)

(1)Section 83 , penalty—
omit, insert

Maximum penalty—

(a)if the person causes the death of or grievous bodily harm to another person and was an unlicensed driver for the motor vehicle at the time of committing the offence—160 penalty units or 2 years imprisonment; or
(b)if the person causes the death of or grievous bodily harm to another person—80 penalty units or 1 year’s imprisonment; or
(c)otherwise—40 penalty units or 6 months imprisonment.

(2)Section 83
insert
(2)If the court convicts a person of an offence against subsection (1) in the circumstances mentioned in paragraph (a) or (b) of the penalty, the court, whether or not any other sentence is imposed, must disqualify the person from holding or obtaining a Queensland driver licence for a period of at least 6 months.
(3)In this section—
unlicensed driver, for the motor vehicle, means a person—
(a)whose driver licence authorising the person to drive the motor vehicle is suspended, other than under—
(i)the State Penalties Enforcement Act 1999 , section 105 or a corresponding law to that section; or
(ii)the Transport Operations (Passenger Transport) Act 1994 , section 91ZJ(1)(a) or a corresponding law to that section; or
(b)whose driver licence authorising the person to drive the motor vehicle expired more than 5 years before the offence was committed; or
(c)whose driver licence authorising the person to drive the motor vehicle is cancelled; or
(d)who—
(i)is disqualified from obtaining or holding a driver licence authorising the person to drive the motor vehicle; and
(ii)is not the holder of a restricted licence authorising the person to drive the motor vehicle; or
(e)whose authority under a non-Queensland driver licence to drive the motor vehicle is suspended under the driver licensing regulation; or
(f)whose authority under a non-Queensland driver licence to drive the motor vehicle is withdrawn under the driver licensing regulation other than because the person was granted a Queensland driver licence; or
(g)who has never held a driver licence authorising the person to drive the motor vehicle or any other motor vehicle.

50Amendment of s 86 (Disqualification of drivers of motor vehicles for certain offences)

(1)Section 86 (3)—
omit, insert
(3)Subsection (3AA) applies if a person is—
(a)convicted on indictment of an offence in connection with or arising out of the driving of a motor vehicle by the person, other than an offence against the Criminal Code , section 328A(4); or
(b)summarily convicted of an offence against the Criminal Code , section 328A(1) or (2); or
(c)convicted on indictment of an offence against the Criminal Code , section 328A(4).
(3AA)Subject to subsections (3A) to (3F), the person is disqualified by the conviction and without any specific order from the date of the conviction from holding or obtaining a Queensland driver licence for the following period—
(a)if subsection (3)(a) or (b) applies—6 months;
(b)if subsection (3)(c) applies—1 year.
(2)Section 86 (3A), (3E) and (3F), ‘such conviction’, first mention—
omit, insert

a conviction mentioned in subsection (3)(a) or (b)

(3)Section 86 (3A)(a), ‘subsection (3)’—
omit, insert

subsection (3)(a) or (b)

(4)Section 86 (3A), (3B), (3C), (3D), (3E) and (3F), ‘such conviction’, second and third mentions—
omit, insert

the conviction

(5)Section 86 (3B), (3C) and (3D), ‘such conviction’, first mention—
omit, insert

a conviction mentioned in subsection (3)

(6)Section 86 (3B) and (3D), ‘either’—
omit, insert

any

51Amendment of s 92 (Duties and liabilities of drivers involved in road incidents)

(1)Section 92 (1)(c) and penalty—
omit, insert
(c)if any person is dead or apparently dead—
(i)remain at or near the scene of the incident; and
(ii)exhibit proper respect for the person’s body and take whatever steps are reasonably practicable to have the body removed to an appropriate place.

Maximum penalty—

(a)if the incident results in the death of or grievous bodily harm to a person—120 penalty units or 3 years imprisonment; or
(b)otherwise—20 penalty units or 1 year’s imprisonment.

(2)Section 92
insert
(1A)If the court convicts a person of an offence against subsection (1) in the circumstances mentioned in paragraph (a) of the penalty, the court, whether or not any other sentence is imposed, must disqualify the person from holding or obtaining a Queensland driver licence for a period of at least 6 months.
(3)Section 92 (2)—
omit, insert
(2)Despite subsection (1)(b)(i) and (c)(i), the driver may leave the scene of the incident solely for the purpose of—
(a)if a person is injured—obtaining medical or other aid for the person; or
(b)if a person is dead or apparently dead—arranging for the removal of the person’s body to an appropriate place.
(4)Section 92 (6), after ‘disqualification’—
insert

under subsection (2) or

(5)Section 92 (1A) to (6)—
renumber as section 92 (2) to (7).

52Insertion of new s 93

After section 92
insert

93Duties of a driver involved in a crash—stopping and providing information

(1)This section applies to a driver involved in a crash on a road or a road-related area.
(2)The driver must stop at the scene of the crash and give the driver’s required particulars, within the required time and, if practicable, at the scene of the crash, to—
(a)any other driver involved in the crash; and
(b)any other person involved in the crash who is injured; and
(c)the owner of any property (including any vehicle or animal) damaged in the crash, unless, for damage to a vehicle or animal, the particulars are given to the driver of the vehicle or animal.

Maximum penalty—20 penalty units.

(3)For subsection (2), the required particulars may be given to a person by giving the particulars to the person’s representative.
(4)The driver must also give the driver’s required particulars, within the required time, to an officer of the Queensland Police Service if—
(a)a person is killed or injured in the crash; or
(b)the driver does not, for any reason, give the driver’s required particulars to each person mentioned in subsection (2); or
(c)the required particulars for any other driver involved in the crash are not given to the driver; or
(d)a motor vehicle involved in the crash is towed or carried away by another vehicle.

Maximum penalty—20 penalty units.

(5)In this section—
crash means—
(a)a collision between 2 or more vehicles or animals; or
(b)another accident or incident involving a vehicle in which a person is killed or injured, property is damaged or an animal in someone’s charge is killed or injured.
driver does not include—
(a)a person pushing a motorised wheelchair; or
(b)a person walking beside and pushing a bicycle.
required particulars, for a driver involved in a crash, means—
(a)the driver’s name and address; and
(b)the name and address of the owner of the driver’s vehicle; and
(c)the vehicle’s registration number, if any; and
(d)any other information necessary to identify the vehicle.
required time, for a driver involved in a crash, means as soon as possible but, except in exceptional circumstances, within 24 hours after the crash.
vehicle includes—
(a)a tram and train; and
(b)a motorised wheelchair that can travel at over 10km/h (on level ground);
but does not include—
(c)another kind of wheelchair; or
(d)a wheeled recreational device; or
(e)a wheeled toy; or
(f)a personal mobility device.

53Insertion of new ch 7, pt 21

After section 229
insert

Part 21 Transitional provisions for Heavy Vehicle National Law and Other Legislation Amendment Act 2018

230Transitional provision for amendment to s 86

Section 86, as in force before the commencement, applies in relation to a person convicted of an offence against the Criminal Code , section 328A(4) if the offence was committed before the commencement.

231Transitional provision for amendment to s 92

Section 92(2), as inserted by the Heavy Vehicle National Law and Other Legislation Amendment Act 2018, applies in relation to a person convicted of an offence against section 92(1)(a) if the offence was committed after the commencement.

54Regulation amended

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

55Omission of s 287 (Duties of a driver involved in a crash)

Section 287
omit.

56Regulation amended

This part amends the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2010 .

57Amendment of sch 7 (Grounds for cancellation of registration of registered vehicle)

Schedule 7
insert—
6A ground exists to cancel the registration of a registered heavy vehicle if—
(a)the registered operator or person in charge of the vehicle is required by a notice under the Heavy Vehicle National Law (Queensland) , section 522 to produce the vehicle for inspection; and
(b)the registered operator or person in charge of the vehicle fails to comply with the requirement; and
(c)the chief executive gives the registered operator a written notice (a warning notice) stating that a ground will exist to cancel the vehicle’s registration under section 19 of the Act at the end of 14 days after the date of the warning notice if, by that time—
(i)the registered operator or person in charge of the vehicle does not comply with the requirement; or
(ii)the registered operator does not ask the chief executive to cancel the vehicle’s registration; and
(d)the chief executive is satisfied the requirement has not been complied with within the 14 days mentioned in paragraph (c); and
(e)the registered operator has not asked the chief executive to cancel the registration.

58Act amended

This part amends the Transport Planning and Coordination Act 1994 .

59Amendment of s 28E (Definitions for pt 4C)

(1)Section 28E
insert—
creation date, of a digital photo or digitised signature, means the day on which the digital photo or digitised signature is taken.
(2)Section 28E , definition retention period , after ‘section 28EH (2)’—
insert—

or 28EI(2)

60Amendment of s 28EH (Retention period for a digital photo or digitised signature)

(1)Section 28EH , heading, after ‘signature’—
insert—

generally

(2)Section 28EH (2), after ‘subsection (3)’—
insert—

or section 28EI

(3)Section 28EH (2), ‘relevant day’—
omit, insert—

creation date

(4)Section 28EH (3)(a), after ‘subsection (2)(b) or (c) of this section’—
insert—

, or section 28EI,

(5)Section 28EH (4)—
omit.

61Insertion of new s 28EI

Part 4C
insert—

28EI Retention period for a digital photo or digitised signature for persons applying for a learner licence and other prescribed matters

(1)Subsection (2) applies if a person’s digital photo or digitised signature is taken under section 28EA(1)—
(a)because the person has applied for a learner licence before completing an online road rules test under a regulation under the Transport Operations (Road Use Management) Act 1995 ; or
(b)in relation to another matter prescribed by regulation.
(2)The retention period for the person’s digital photo or digitised signature is 1 year after the creation date or, if a longer period is prescribed by regulation, the longer period.

© State of Queensland 2018