Transport Planning and Coordination Regulation 2017

1Short title

This regulation may be cited as the Transport Planning and Coordination Regulation 2017.

2Commencement

This regulation commences on 1 September 2017.

3Dictionary

The dictionary in schedule 1 defines particular words used in this regulation.

4Definitions for part

In this part—

smartcard transport authority see section 36G(1) of the Act.

transport authority Act means any of the following Acts—

(a)the Tow Truck Act 1973;

(b)the Transport Operations (Passenger Transport) Act 1994;

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

5Transport authority—Act, s 36G

For section 36G(3) of the Act, definition transport authority, each of the following is prescribed—

(a)a driver’s certificate or assistant’s certificate under the Tow Truck Act 1973;

(b)a driver authorisation under the Transport Operations (Passenger Transport) Act 1994;

(c)an appointment under the Transport Operations (Road Use Management) Act 1995 as an accredited person for accreditation of any of the following types—

(i)driver trainer;

(ii)rider trainer;

(iii)pilot vehicle driver;

(iv)escort vehicle driver;

(v)traffic controller;

Note—

The appointments mentioned in this paragraph are made under the Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2015, part 2.

(d)a dangerous goods driver licence under the Transport Operations (Road Use Management—Dangerous Goods) Regulation 2018.

s 5 amd 2018 SL No. 107 s 288

6Smartcard transport authorities

(1)A smartcard transport authority issued to a person by the chief executive may—

(a)indicate by way of a code, expression or otherwise that the person holds 1 or more transport authorities; and

(b)include information about the person’s personal particulars.

(2)A smartcard transport authority is, in relation to a particular transport authority, subject to the transport authority Act under which the particular transport authority is issued or granted.

(3)A code or expression used on a smartcard transport authority in relation to a particular transport authority has the meaning given under the transport authority Act under which the particular authority is issued or granted.

7Interim transport authorities

(1)This section applies if the chief executive intends to issue a smartcard transport authority to a person.

(2)The chief executive may issue an interim transport authority to the person.

(3)An interim transport authority may include the following information—

(a)its date of issue;

(b)any information that may be included on a smartcard transport authority under section 6;

(c)information about anything authorised or required to be stated on it under a transport authority Act.

(4)Subsection (3) does not limit the information that may be included on an interim transport authority.

(5)An interim transport authority has effect as if it were a smartcard transport authority until the person receives the smartcard transport authority from the chief executive.

8Replacement of smartcard transport authority

(1)This section applies if a person has been issued with a smartcard transport authority and, under a transport authority Act, any of the following happens—

(a)the person is granted a transport authority;

(b)a transport authority held by the person is amended, suspended or cancelled;

(c)a period of suspension of a transport authority held by the person ends;

(d)the person is to be given a replacement document evidencing a transport authority held by the person.

(2)The chief executive may issue a replacement smartcard transport authority to the person.

(3)The replacement smartcard transport authority must evidence each transport authority held by the person.

11Authorised officers—Act, s 28EG

For section 28EG(2) of the Act, definition authorised officer, each of the following persons is prescribed—

(a)if the smartcard identification authority is a smartcard certificate under the Tow Truck Act 1973—an authorised officer under that Act;

(b)if the smartcard identification authority is a smartcard marine licence indicator under the Transport Operations (Marine Safety) Act 1994—a shipping inspector under that Act;

(c)if the smartcard identification authority is a smartcard driver authorisation under the Transport Operations (Passenger Transport) Act 1994—an authorised person under that Act;

(d)if the smartcard identification authority is a smartcard authority under the Transport Operations (Road Use Management) Act 1995—an authorised officer under that Act.

11APrescribed matters—Act, s 28EHA

For section 28EHA(1)(b) of the Act, a prescribed matter is an application made—

(a)by an applicant mentioned in the Transport Operations (Road Use Management—Driver Licensing) Regulation 2010, section 10B(1)(b) or (d); and

(b)before completing an online road rules test under the Transport Operations (Road Use Management) Act 1995.

s 11A ins 2018 SL No. 206 s 28

amd 2019 SL No. 239 s 13

12Approved agency—Act, sch 1

(1)For schedule 1 of the Act, definition approved agency, paragraph (b), ASIO is prescribed as an approved agency.

(2)In this section—

ASIO means the Australian Security Intelligence Organisation established under the Australian Security Intelligence Organisation Act 1979 (Cwlth).

12APrescribed authorisation Acts—Act, sch 1

For schedule 1 of the Act, definition prescribed authorisation Act, each of the following Acts is prescribed—

(a)the Photo Identification Card Act 2008;

(b)the Tow Truck Act 1973;

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

(d)the Transport Operations (Passenger Transport) Act 1994;

(e)the Transport Operations (Road Use Management) Act 1995;

(f)the Work Health and Safety Act 2011.

s 12A ins 2019 SL No. 51 s 27

12BPrescribed authorities—Act, sch 1

For schedule 1 of the Act, definition prescribed authority, each of the following is prescribed—

(a)a photo identification card under the Photo Identification Card Act 2008;

(b)a driver’s certificate or assistant’s certificate, or a document evidencing a driver’s certificate or assistant’s certificate, under the Tow Truck Act 1973;

(c)a marine licence, marine licence indicator or smartcard marine licence indicator under the Transport Operations (Marine Safety) Act 1994;

(d)a driver authorisation or authorising document under the Transport Operations (Passenger Transport) Act 1994;

(e)a Queensland driver licence under the Transport Operations (Road Use Management) Act 1995;

(f)an appointment under the Transport Operations (Road Use Management) Act 1995 as an accredited person, or an accreditation document mentioned in section 21(2) of that Act, for accreditation of any of the following types—

(i)driver trainer;

(ii)rider trainer;

(iii)pilot vehicle driver;

(iv)escort vehicle driver;

(v)traffic controller;

Note—

The appointments mentioned in this paragraph are made under the Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2015, part 2.

(g)a dangerous goods driver licence or driver authorising document under the Transport Operations (Road Use Management—Dangerous Goods) Regulation 2018;

(h)a high risk work licence, or a licence document for a high risk work licence, under the Work Health and Safety Regulation 2011.

s 12B ins 2019 SL No. 51 s 27

13Transport Acts—Act, sch 1

For schedule 1 of the Act, definition transport Act, each of the following Acts is prescribed—

(a)the Photo Identification Card Act 2008;

(b)the Air Navigation Act 1937;

(c)the Century Zinc Project Act 1997, sections 5(2) to (7), 11, 12, 13 and 21;

(d)the Civil Aviation (Carriers’ Liability) Act 1964;

(e)the Gold Coast Waterways Authority Act 2012;

(f)the Heavy Vehicle National Law Act 2012;

(g)the Maritime Safety Queensland Act 2002;

(h)the Queensland Rail Transit Authority Act 2013;

(i)the Rail Safety National Law (Queensland) Act 2017;

(j)the State Transport Act 1938;

(k)the State Transport (People Movers) Act 1989;

(l)the Thiess Peabody Mitsui Coal Pty. Ltd. Agreements Act 1965 (to the extent administered by a Minister administering the Transport Infrastructure Act 1994);

(m)the Tow Truck Act 1973;

(n)the Transport Infrastructure Act 1994;

(o)the Transport Operations (Marine Pollution) Act 1995;

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

(q)the Transport Operations (Passenger Transport) Act 1994;

(r)the Transport Operations (Road Use Management) Act 1995;

(s)the Transport Planning and Coordination Act 1994;

(t)the Transport Security (Counter-Terrorism) Act 2008;

(u)the Transport (South Bank Corporation Area Land) Act 1999.

s 13 amd 2019 SL No. 29 s 24

14Definition for part

In this part—

repealed regulation means the repealed Transport Planning and Coordination Regulation 2005, as in force from time to time before the commencement.

15References to repealed regulation

In an instrument, if the context permits, a reference to the repealed regulation may be taken to be a reference to this regulation.

16Existing interim transport authorities

An interim transport authority issued under section 7 of the repealed regulation is taken to be an interim transport authority issued under section 7 of this regulation.

section 3

smartcard transport authority, for part 2, see section 4.

transport authority see section 5.

transport authority Act, for part 2, see section 4.