Transport Infrastructure (Roads) Act 1991

Queensland TRANSPORT INFRASTRUCTURE (ROADS) ACT 1991 Reprinted as in force on 23 May 1997 (includes amendments up to Act No. 62 of 1996) Reprint No. 3B This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy

Information about this reprint This Act is reprinted as at 23 May 1997. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)) This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of earlier reprints is included in the endnotes. The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints.

Queensland TRANSPORT INFRASTRUCTURE (ROADS) ACT 1991 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1.1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 1.2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 1.5 Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 PART 2—ADMINISTRATION Division 1—General powers of chief executive 2.4 Functions and powers of chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Division 4—Driver Training Fund 2.14 Driver Training Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2.15 Use of the fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2.16 Investment of the fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 PART 9—GENERAL PROVISIONS Division 1—Provisions for compliance with Act 9.1 Authorised officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 9.2 General powers of authorised officers regarding vehicles on roads . . . . . . . 9 9.3 Entry and search of premises—evidence of offences . . . . . . . . . . . . . . . . . . 10 9.4 General powers of authorised officer in relation to premises . . . . . . . . . . . . 10 9.5 Effect of finding objects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 9.6 Warrant to enter premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 9.7 General power to obtain information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 9.8 Additional powers of authorised officers regarding vehicles . . . . . . . . . . . . 14 9.9 Authorised officer may require name and address . . . . . . . . . . . . . . . . . . . . 15 9.10 Compliance with requirement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

2 Transport Infrastructure (Roads) Act 1991 9.11 Cooperation with authorised officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 9.12 Obstruction of authorised officers etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 9.13 False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 9.14 Traffic direction by authorised officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Division 2—Miscellaneous provisions 9.15 Offences generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 9.16 Proceedings for offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 9.17 Liability of owner for offence relating to use of vehicles . . . . . . . . . . . . . . . 18 9.17A Nomination of responsible operator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 9.18 Conduct of directors, servants and agents . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 9.19 On conviction, order for payment of fees etc. . . . . . . . . . . . . . . . . . . . . . . . . 21 9.20 Directors liable for penalties of bodies corporate . . . . . . . . . . . . . . . . . . . . . 22 9.21 Disposal of fees, penalties etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 9.21A Traffic improvement fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 9.22 Service of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 9.23 Evidentiary provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 9.24 Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 9.25 Reference to the Corporation or Director-General to be references to the chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 28 SUBJECT MATTER FOR REGULATIONS SCHEDULE 3 . . . . . . . . . . . . . . . . . . . . . . . . 32 SAVINGS, TRANSITIONAL AND VALIDATION 7 Transfer of assets and liabilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 8 Acts etc. under repealed Acts continue under this Act . . . . . . . . . . . . . . . . . 33 ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . 34 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35

3 Transport Infrastructure (Roads) Act 1991 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

s1 5 s1 Transport Infrastructure (Roads) Act 1991 TRANSPORT INFRASTRUCTURE (ROADS) ACT 1991 [as amended by all amendments that commenced on or before 23 May 1997] An Act to make provision for the development and management of road transport infrastructure and for other purposes † PART 1—PRELIMINARY ˙ Short title 1.1 This Act may be cited as the Transport Infrastructure (Roads) Act 1991 . ˙ Commencement 1.2(1) Section 1.1 and this section commence on the day this Act is assented to for and on behalf of Her Majesty. (2) The remaining provisions commence on a day or days fixed by proclamation. ˙ Interpretation 1.5 In this Act— “building” includes a fixed structure that is— (a) wholly or partly enclosed by walls; or (b) wholly or partly roofed. “chief executive” means the chief executive of the department. “employee” means a person employed by the chief executive for the

s1 6 s1 Transport Infrastructure (Roads) Act 1991 purposes of this Act. “environmental effects” means the anticipated and measured effects of a policy of, a proposal for or a development on the physical, biological, social, cultural and visual systems within which such a development is proposed or happens, including related off-site and cumulative impacts. “Manual of Uniform Traffic Control Devices” means the Manual of Uniform Traffic Control Devices (Queensland) for the time being under the Traffic Act 1949 . “occupier” , in relation to land, means the person in actual occupation of the land or, if there is no person in actual occupation, the person entitled to possession of the land. “officer” means an officer appointed for the purposes of this Act. “official traffic sign” means an official traffic sign within the meaning of the Traffic Act 1949 . “on” , in relation to a road, includes within, under and over the road. “owner” , in relation to land, means— (a) the registered proprietor of the land; or (b) the lessee or licensee from the Crown in respect of the land; or (c) the person who, for the time being, has lawful control of the land, on trust or otherwise; or (d) the person who is entitled to receive the rents and profits of the land. “person” includes a partnership or other association or body, whether incorporated or unincorporated. “repealed Acts” means the Acts that were repealed on the commencement of section 1.3. “road” means— (a) any surveyed or unsurveyed land dedicated to public use as a road; or (b) any track on land used by the public as a road through— (i) vacant Crown land; or

s2 7 s2 Transport Infrastructure (Roads) Act 1991 (ii) land under the control of a local government; or (iii) any pastoral holding; or (iv) any reserve; whether or not the boundary of the land has been surveyed and the land dedicated to public use as a road; or (c) any bridge, culvert, ferry or ford; or (d) any part of such land, bridge, culvert, ferry or ford. “traffic” includes the passing to and fro of persons, vehicles and animals. “vehicle” includes a trailer whether or not attached to another vehicle. † PART 2—ADMINISTRATION † Division 1—General powers of chief executive ˙ Functions and powers of chief executive 2.4 Under this Act the chief executive has the functions and necessary powers to manage transport infrastructure generally (and particularly road transport infrastructure) by— (i) administering the distribution of certain Commonwealth and State funds to local governments and other persons for road transport infrastructure purposes; and (j) charging and collecting fees and charges for use of roads and for provision of services; and (k) regulating the transport by road of heavy and over-dimension loads; and (l) managing a register of vehicles.

s2 8 s2 Transport Infrastructure (Roads) Act 1991 † Division 4—Driver Training Fund ˙ Driver Training Fund 2.14(1) There is to be a fund called the Driver Training Fund. (2) The fund consists of— (a) the balance of the Driving Training Centre Fund (established under the Driving Training Centre Act 1981 ) as at the commencement of this section; and (b) amounts received by the chief executive from the issue of personalised number plates; and (c) fees and charges received by the department from— (i) the provision of driver training services, goods or information; or (ii) the hire of driver training facilities; and (d) income derived from investment of the fund; and (e) amounts of, or arising from, any gift, devise or bequest received by the chief executive for any purpose connected with the provision of driver training services, goods or information. (3) The chief executive may carry out the conditions of a gift, devise or bequest. ˙ Use of the fund 2.15 The chief executive may apply money in the fund for— (a) the provision of driver training services, goods and information; and (b) reimbursing the chief executive for costs related to the issue of personalised number plates, including costs related to the production and marketing of personalised number plates; and (c) any of the chief executive’s other functions related to driver education, road safety and post-licence driver training that are approved by the chief executive of the department.

s2 9 s9 Transport Infrastructure (Roads) Act 1991 ˙ Investment of the fund 2.16 The Corporation may invest any money in the fund that is not immediately required by the Corporation in any form of investment approved by the Treasurer. † PART 9—GENERAL PROVISIONS † Division 1—Provisions for compliance with Act ˙ Authorised officers 9.1(1) The chief executive may authorise an officer or employee, or the holder of any office specified by the chief executive, to exercise all or any of the powers conferred by this Act or any other Act on an authorised officer. (2) A reference in this Act to an authorised officer is a reference to— (a) an officer or employee authorised by the chief executive under subsection (1); and (b) a person employed in or a class of person within the public sector of Queensland authorised by the chief executive. (3) The chief executive may cause an identity card to be issued to an authorised officer. (4) The identity card must— (a) contain a recent photograph of the authorised officer; and (b) be in a form approved by the chief executive. (5) A person who ceases to be an authorised officer must, as soon as practicable, return his or her identity card to the chief executive. ˙ General powers of authorised officers regarding vehicles on roads 9.2 For the purposes of this Act, an authorised officer may at all reasonable times on a road, exercise the powers set out in section 9.4(1) in

s 9 10 s 9 Transport Infrastructure (Roads) Act 1991 respect of a vehicle on the road as if the vehicle were premises entered with the consent of the occupier. ˙ Entry and search of premises—evidence of offences 9.3(1) Subject to subsection (2), an authorised officer who has reasonable grounds for suspecting that there is in premises a particular matter or thing (the “search object” ) that may afford evidence of the commission of an offence against this Act, may— (a) enter the premises; and (b) exercise the powers set out in section 9.4(1). (2) The authorised officer must not enter the premises, or exercise a power, under subsection (1) unless— (a) the occupier of the premises consents to the entry or the exercise of the power; or (b) a warrant under section 9.6 that was issued in relation to the search object authorises the entry or the exercise of the power. ˙ General powers of authorised officer in relation to premises 9.4(1) An authorised officer who enters premises under section 9.3(1) may— (a) search any part of the premises; and (b) inspect and examine anything on the premises; and (c) take extracts from, and make copies of, any documents on the premises; and (d) take into the premises such equipment and materials as the authorised officer requires for the purpose of exercising any powers in relation to the premises; and (e) require the occupier of or any person in the premises to give to the authorised officer reasonable assistance in relation to the exercise of the authorised officer’s powers mentioned in paragraphs (a), (b), (c) and (d). (2) A person must not, without reasonable excuse, refuse or fail to

s 9 11 s 9 Transport Infrastructure (Roads) Act 1991 comply with a requirement made under subsection (1)(e). (3) It is a reasonable excuse for a person to refuse or fail to answer a question or produce a document if answering the question, or producing the document, might tend to incriminate the person. ˙ Effect of finding objects 9.5(1) If an authorised officer who enters premises under this Division finds the search object, the following provisions have effect— (a) the authorised officer may seize the search object; (b) the authorised officer may keep the search object for 60 days, or, if a prosecution for an offence against this Act in the commission of which the search object may have been used or otherwise involved is instituted within that period, until the completion of the proceedings for the offence and of any appeal from the decision in relation to the proceedings; (c) if the search object is a book, record or document—while the authorised officer has possession of the book, record or document, the authorised person must allow the book, record or document to be inspected at any reasonable time by a person who would be entitled to inspect it if it were not in the authorised officer’s possession. (2) If, in the course of searching the premises under subsection (1) pursuant to a warrant under this Division an authorised officer— (a) finds a thing that the authorised officer believes, on reasonable grounds to be— (i) a matter or thing (other than the search object) that will afford evidence of the commission of the offence in request of which the warrant was issued; or (ii) a matter or thing that will afford evidence of the commission of another offence against this Act; and (b) the authorised officer believes, on reasonable grounds, that it is necessary to seize the matter or thing to prevent— (i) its concealment, loss or destruction; or

s 9 12 s 9 Transport Infrastructure (Roads) Act 1991 (ii) its use in committing, continuing or repeating the offence mentioned in subsection (1), or the other offence, as the case may be; subsection (1) applies to the matter or thing as if it were the search object. ˙ Warrant to enter premises 9.6(1) An authorised officer may apply to a stipendiary magistrate for a warrant under this section in relation to particular premises. (2) Subject to subsection (3), the magistrate may issue the warrant if the magistrate is satisfied, by information on oath, that there are reasonable grounds for suspecting that there is, or there may be within the next 72 hours, in the premises a particular matter or thing (the “search object” ) that may afford evidence of the commission of an offence against this Act. (3) If the magistrate requires further information concerning the grounds on which the issue of the warrant is being sought, the magistrate must not issue the warrant unless the authorised officer or some other person has given the information to the magistrate in the form (either orally, written or by affidavit) that the magistrate requires. (4) The warrant must— (a) state the name of the authorised officer; and (b) authorise the authorised officer, with such assistance and by such force as is necessary and reasonable— (i) to enter the premises; and (ii) to exercise the powers set out in section 9.4(1); and (iii) to seize the search object; and (c) state whether the entry is authorised to be made at any time of the day or night or during specified hours of the day or night; and (d) specify the day (not more than 7 days after the issue of the warrant) on which the warrant ceases to have effect; and (e) state the purpose for which the warrant is issued.

s 9 13 s 9 Transport Infrastructure (Roads) Act 1991 ˙ General power to obtain information 9.7(1) In relation to any matter relevant to the operation or enforcement of this Act other than a matter referred to in section 9.8, an authorised officer may require a person (either by oral or written requisition) to supply— (a) any information; and (b) any records or a copy thereof; in the person’s possession. (2) For the purpose of subsection (1) a person is taken to be in possession of— (a) information, if the person has the information or is entitled to access to the information; and (b) records, if the person has them in the person’s possession or has them under control in any place, whether for that person’s own use or benefit or for another’s use or benefit and although another person has the actual possession or custody of the records. (3) A requisition made under subsection (1) may require that the information or records or copy thereof be supplied— (a) to the authorised officer or another authorised officer or to an officer of the Department; and (b) at the place the requisition is made or at another place; and (c) within a specified reasonable time; and (d) in person, by certified mail or in another specified manner; and (e) by means of, or accompanied by, verification in the form of a statutory declaration made in accordance with the Oaths Act 1867 ; and (f) in the case of information—orally or in writing. (4) A person must not— (a) refuse or fail to furnish any information, records or a copy thereof as required of the person under this section; or (b) in response to a requisition made under this section furnish information, records or copies thereof that is or are false or

s 9 14 s 9 Transport Infrastructure (Roads) Act 1991 misleading in a material particular. (5) A person is not entitled to refuse or fail to furnish information or records or a copy thereof on the ground only that the information, or records or copy thereof would tend to incriminate the person. (6) If in response to a requisition authorised by subsection (1)(a), a person furnishes information that would tend to incriminate that person in any offence under this Act, other than an offence defined in subsection (4)(b), the information furnished is not admissible in evidence against that person in proceedings in any court or tribunal. (6A) Subsection (6) does not apply to information as to the name and address of the person. (7) Where a person records or stores any matter by means of a mechanical, electronic or other device, the duty imposed by this section to produce any records containing those matters includes a duty to produce the matters in written form if that is demanded. (7A) The duty imposed by this section to produce a copy of any records is a duty to produce a clear reproduction. (8) An authorised officer or an officer or employee of the Department may take notes or copies of or extracts from records or a copy thereof produced under this section. (9) Records furnished under this section may be retained for so long as it is necessary to do so for the purposes of this Act, but the person otherwise entitled to possession thereof, upon request, is entitled to be furnished as soon as practicable with a copy thereof certified by the chief executive to be a true copy and such a certified copy must be received in all courts and elsewhere as evidence of the matters contained therein as if it were the original. ˙ Additional powers of authorised officers regarding vehicles 9.8 An authorised officer concerned with the provisions of this Act relating to the registration of vehicles or the use or condition of vehicles upon roads may— (a) require the driver of a vehicle on any road to stop by indicating that requirement to the driver in any appropriate manner which

s 9 15 s 9 Transport Infrastructure (Roads) Act 1991 may include the display of a prescribed sign; or (b) require the driver or person apparently in charge of a vehicle on any road to move the vehicle to a place specified by the authorised officer; or (c) require the driver of a vehicle to give full information as to the nature, origin and destination of the loading upon the vehicle; or (d) unlock, unfasten, or open or require the driver of a vehicle to unlock, unfasten, or open any closed door on or component of a vehicle or remove or require the driver thereof to remove any removable cover upon a vehicle; or (e) measure and weigh any vehicle and its load; or (f) enter, search and examine any vehicle and documents or things, which the authorised officer considers, on reasonable grounds, may relate to registration, use or condition of the vehicle, found in or on a vehicle; or (g) enter upon a vehicle and move or remove or direct the driver to move or remove in whole or in part any loading upon the vehicle which is in excess of the maximum weight, height or width prescribed by or under this or any other Act to be carried upon the vehicle, at the relevant time or place or under the relevant conditions, manner or circumstances. ˙ Authorised officer may require name and address 9.9 An authorised officer who— (a) finds any person committing or reasonably suspects any person of having committed an offence against this Act; or (b) is making inquiries or investigations with a view to establishing whether or not an offence against this Act has been committed by any person; or (c) is reasonably of the opinion that the name and address of any person is required for the purpose of giving effect to any provision of this Act, or for the purpose of enabling the authorised officer to carry out the authorised officer’s functions and powers under this Act;

s 9 16 s 9 Transport Infrastructure (Roads) Act 1991 may require that person to state the person’s name and address, or name or address, and if the authorised officer has reasonable grounds to suppose that the name and address, or name or address given is false, may require evidence of the correctness thereof. ˙ Compliance with requirement 9.10(1) A person to whom an authorised officer duly makes a requirement under this Act must not refuse or fail to comply with the requirement in every respect. (2) A person required under this Act to state that person’s name and address or name or address who— (a) refuses or otherwise fails to comply with the requirement; or (b) states a false name and address, or, as the case may be, a false name or a false address; commits an offence against this Act. (3) A person required under this Act to give evidence of the correctness of a name and address, or name or address, who fails to give that evidence, or who gives false evidence with respect to the name and address or, as the case may be, name or address, commits an offence against this Act. ˙ Cooperation with authorised officers 9.11 A person must— (a) when required by an authorised officer facilitate by all reasonable means the entry into or on any place or vehicle by an authorised officer; (b) when required by or under this Act to furnish any assistance or to furnish any information to an authorised officer, furnish that assistance or information, as the case may be, or, in the latter case, furnish information which is not in any respect false or misleading;

s 9 17 s 9 Transport Infrastructure (Roads) Act 1991 (c) produce any licence, permit, authority, or other certificate, or book, notice, record, document or writing, production of which is required under this Act by an authorised officer, and allow an authorised officer to take a copy of or extract from it. ˙ Obstruction of authorised officers etc. 9.12 A person must not, without reasonable excuse, obstruct, hinder or resist an authorised officer in the exercise of powers under this Act. ˙ False or misleading statements 9.13 A person must not— (a) make to an authorised officer a statement that the person knows is false or misleading in a material particular; or (b) omit from a statement made to an authorised officer any matter or thing without which the statement is, to the knowledge of the person, misleading in a material particular; or (c) give to an authorised officer a document containing information that the person knows is false, misleading or incomplete in a material particular without— (i) indicating to the authorised officer that the document is false, misleading or incomplete and the respect in which the document is false, misleading or incomplete; and (ii) providing correct information to the authorised officer if the person has, or can reasonably obtain the correct information. ˙ Traffic direction by authorised officers 9.14(1) A person must obey any direction, signal or order directing traffic given by an authorised officer. (2) A person does not contravene any law relating to the regulation or control of traffic merely because the person obeys a direction, signal or order under this section.

s 9 18 s 9 Transport Infrastructure (Roads) Act 1991 † Division 2—Miscellaneous provisions ˙ Offences generally 9.15 A person who contravenes or fails to comply with a provision of this Act commits an offence against this Act and, if a specific penalty is not otherwise provided, is liable to a maximum penalty of 80 penalty units. ˙ Proceedings for offences 9.16(1) Offences against this Act may be prosecuted in a summary way under the Justices Act 1886 upon the complaint of the chief executive or an authorised officer and a proceeding for an offence is to be brought within 12 months after the offence is committed. (2) Despite this or any other Act, in a proceeding on a complaint the court may make an order on any matter within its jurisdiction though no application is made in respect of the matter. ˙ Liability of owner for offence relating to use of vehicles 9.17(1) Despite section 7 or 23 of the Criminal Code or any other Act or rule of law or practice, where an offence against a provision of this Act relating to the use of vehicles is committed by the driver of the vehicle, the person ( “the owner” ) in whose name a vehicle is registered (whether under this Act or any other Act of the Commonwealth or a State or Territory of the Commonwealth providing for the registration of vehicles) is to be taken to have taken part in committing the offence and may be charged with actually committing the offence unless the owner shows that, at the time the offence was committed the owner was not the driver and— (a) the vehicle was leased or let on hire (other than by way of a hire purchase agreement or a lease arrangement with an option to purchase) to another person by the owner; or (b) the vehicle was being used without the authority or consent of the owner. (2) Subject to subsection (1)(a) and (b), it is immaterial to the liability of the owner for such offence that—

s 9 19 s 9 Transport Infrastructure (Roads) Act 1991 (a) the offence was committed without the authority or contrary to the instructions of that person; or (b) the offence occurred independently of the exercise of the will of that person. (3) This section does not affect the liability of any driver who actually commits an offence. ˙ Nomination of responsible operator 9.17A.(1) If an owner has previously claimed the owner was not the driver and has failed to notify the name and address of the driver of a vehicle that was involved in a camera-detected offence, the chief executive may give written notice requesting the owner to nominate 1 responsible operator for each vehicle registered in the owner’s name whether jointly or otherwise. (2) If the owner wants to nominate the responsible operator the owner must give written notice containing the prescribed particulars to the chief executive within 28 days of receipt of the notice from the chief executive. (3) If a person does not nominate a responsible operator within 28 days, or nominates a person who is ineligible to be a responsible operator, the chief executive may nominate an existing registered owner as the responsible operator. (4) A responsible operator must be— (a) an individual who is— (i) 16 years or more; and (ii) the holder of a licence issued under a law of a State to drive a vehicle on a road; or (b) a corporation that is— (i) a company registered under the Corporations Law; or (ii) incorporated by or under an Act; or (iii) incorporated for a public purpose by an Act of this or another State or the Commonwealth; or (c) this or another State or the Commonwealth.

s 9 20 s 9 Transport Infrastructure (Roads) Act 1991 (5) Except for a nomination by the chief executive, the nomination must be accompanied by the written consent of the responsible operator. (6) If a licence is not required for the normal operation of the type of vehicle being registered and it is not designed to be towed, the responsible operator does not have to be the holder of a licence for the vehicle. (7) A person must not nominate a person as a responsible operator knowing that— (a) the nominated person is ineligible to be a responsible operator; or (b) any particulars about the nominated person are inaccurate. Maximum penalty—40 penalty units. (8) A person who has been requested to nominate a responsible operator— (a) may subsequently apply for, renew or transfer the registration of a vehicle only if a responsible operator has been nominated for the vehicle; and (b) must ensure there is a responsible operator during the registration of the vehicle. (9) If for any reason there ceases to be a responsible operator for a vehicle, the chief executive may nominate a responsible operator. ˙ Conduct of directors, servants and agents 9.18(1) Where it is necessary to establish for the purposes of a prosecution for an offence against this Act, the state of mind of a body corporate in relation to particular conduct, it is sufficient to show— (a) that the conduct was engaged in by a director, servant or agent of the body corporate within the scope of his or her actual or apparent authority; and (b) that the director, servant or agent had the state of mind. (2) Conduct engaged in on behalf of a body corporate by 1 of its directors, servants or agents within the scope of his or her actual or apparent authority is taken, for the purposes of a prosecution for an offence against this Act, to have been engaged in also by the body corporate.

s 9 21 s 9 Transport Infrastructure (Roads) Act 1991 (2A) It is a defence for the body corporate to prove that it took reasonable precautions and exercised due diligence to avoid the conduct. (3) Where, in a prosecution for an offence against this Act, it is necessary to establish the state of mind of a person other than a body corporate in relation to particular conduct, it is sufficient to show— (a) that the conduct was engaged in by a servant or agent of the person within the scope of actual or apparent authority; and (b) that the servant or agent had the state of mind. (4) Any conduct engaged in on behalf of a person other than a body corporate by a servant or agent of the person within the scope of actual or apparent authority is to be taken, for the purposes of a prosecution for an offence against this Act, to have been engaged in also by the person. (4A) It is a defence for the master or principal to prove that he or she took reasonable precautions and exercised due diligence to avoid the conduct. (5) In this section— (a) a reference to a person’s state of mind includes a reference to— (i) the person’s knowledge, intention, opinion, belief or purpose; and (ii) the person’s reasons for the intentions, opinion, belief or purpose; and (b) a reference to a director of a body corporate includes a reference to a member of the governing body of a body corporate; and (c) a reference to engaging in conduct includes a reference to failing or refusing to engage in conduct. ˙ On conviction, order for payment of fees etc. 9.19 A court which convicts a person of an offence against this Act may, in addition to imposing any penalty, order the defendant to pay— (a) an amount not exceeding double the amount of any fee or fees due under this Act; and (b) an amount towards the cost of repairing damage to road transport

s 9 22 s 9 Transport Infrastructure (Roads) Act 1991 infrastructure whether actually incurred or not yet incurred but reasonably estimated by the chief executive. ˙ Directors liable for penalties of bodies corporate 9.20 Where a body corporate has been ordered to pay a penalty for an offence against this Act or any other amount under section 9.19, the amount of the penalty and any other such amount becomes a debt due and owing to the chief executive jointly and severally by the body corporate and each member of the governing body of the body corporate and may be recovered as a debt in any court of competent jurisdiction. ˙ Disposal of fees, penalties etc. 9.21 All fees, penalties and other moneys received or recovered under this Act are to be paid into the Consolidated Fund. ˙ Traffic improvement fee 9.21A A person registering a motor vehicle must pay the traffic improvement fee prescribed by regulation. ˙ Service of documents 9.22(1) Any notice, direction, order, other document or writing required or authorised by this Act to be given to or served on a person is duly given or served if— (a) it is delivered personally to the person to whom it is directed; or (b) it is left at the place of residence or business of the person to whom it is directed last known to the person who gives it; or (c) it is sent by post to the place of residence or business of the person to whom it is directed last known to the person who gives it; or (d) where it is addressed to the owner or occupier of land or premises—it is left with some adult person on the land or premises or, if there is no such person, it or a true copy of it is fixed on some conspicuous part of the land or premises; or

s 9 23 s 9 Transport Infrastructure (Roads) Act 1991 (e) where it is addressed to the chief executive—it is left with some person at any office of the chief executive or forwarded by post to the chief executive. (2) A document or writing that is directed to an owner or occupier of land whose name is not known may be addressed to the person by the description ‘owner’ or, as the case may be, ‘occupier’ of the land in question without further name or description. (3) Subject to subsection (2), a document or writing that is directed to a person whose name and address are unknown may be given or served by publishing that document or writing 3 times in a newspaper circulating generally in the locality in question at intervals of not less than 1 week between each publication. ˙ Evidentiary provisions 9.23(1) In a proceeding for the purposes of this Act— (a) a signature purporting to be that of the Minister, chief executive, any authorised officer or other officer is to be taken to be the signature it purports to be until the contrary is proved; and (b) the production of a map or plan purporting to have been made on behalf of the chief executive or purporting to have been issued or published by a department of the government of the State or an officer thereof is prima facie evidence of the matters stated or delineated therein; and (c) copies of plans, specifications and books of reference with respect to matters arising under this Act and of any alteration or correction thereof or extract therefrom certified by an authorised officer to be true and correct copies are, upon their production in that proceeding, prima facie evidence of the contents thereof; and (d) a copy of an extract from a newspaper purporting to be a newspaper circulating in a certain locality consisting of or including a notice or particulars purporting to be made and inserted in that newspaper by, or on behalf or under the direction of the chief executive with respect to matters arising under this Act is, upon its production in that proceeding prima facie evidence—

s 9 24 s 9 Transport Infrastructure (Roads) Act 1991 (i) that the newspaper is one circulating in the locality in question; (ii) that the advertisement was made and inserted in that newspaper by, on behalf or under the direction of the chief executive; (iii) of the contents of that advertisement; and (e) a document or writing purporting to be made or issued by, on behalf of or under the direction of the Corporation or the chief executive and purporting to be under the seal of the Corporation or signed by the Minister, chief executive or a person authorised in that behalf by the Corporation or the chief executive is, upon its production in that proceeding, prima facie evidence of the matters contained in that document or writing; and (f) the production of a deed of grant, certificate of title, memorandum of transfer or other instrument creating an interest in land or of a duly certified copy thereof is prima facie evidence that the person named therein as registered proprietor or as entitled to the interest is the owner of or person entitled to the interest in the land; and (g) wherever it is necessary to mention or refer to a person as the owner or occupier of land or premises, it is sufficient for the purposes of that proceeding to designate that person as the owner or occupier of the land or premises without reference to the person’s name or further or other description; and (h) a document purporting to be a copy of any record, registration, permit, approval, certificate, order, notice or authority under this Act is, upon its production in that proceeding, prima facie evidence of that licence, registration, permit, approval, certificate, order, notice or authority; and (i) a certificate purporting to be signed by a person authorised to grant it, is, upon its production in that proceeding, prima facie evidence of the matters contained in that certificate; and (j) a certificate purporting to be signed by the chief executive or an authorised officer certifying the receipt or otherwise of any notice, application or payment or that any amount of fees or other moneys specified in the certificate is payable under this Act by a

s 9 25 s 9 Transport Infrastructure (Roads) Act 1991 specified person and has not been paid is, upon its production in that proceeding, prima facie evidence of the matters contained in that certificate; and (k) a certificate or document relating to a vehicle purporting to be issued under this Act or any Act of the Commonwealth or of a State or Territory providing for the registration of vehicles is, upon its production in that proceeding, prima facie evidence of the matters contained in that certificate or document and that the person named therein as the person in whose name the vehicle is registered was the person using the vehicle at the material time or during the material period; and (l) an allegation or averment in a complaint— (i) that a place is, or that any thing was done or omitted, within a specified district or area; (ii) that any person was or was not, at the material time, permitted, registered, authorised or approved under this Act; (iii) that any registration, permit, approval, certificate or authority required under this Act to be obtained was not duly obtained by the person required to obtain it; (iv) that the place on which an alleged offence was committed was a road; is prima facie evidence of that allegation or averment; and (m) an allegation in a complaint or like document by means of which legal proceedings of any kind are initiated that an item named therein is or is not the property of the State or the department is prima facie evidence of the matters alleged. (2) This section does not prejudice or in any way affect other means of proving any matter. ˙ Regulations 9.24(1) The Governor in Council may make regulations not inconsistent with this Act for or with respect to all matters and things that are necessary or convenient for the administration of this Act or with respect to the powers, authorities, functions and duties conferred or imposed on the chief

s 9 26 s 9 Transport Infrastructure (Roads) Act 1991 executive for the purposes of this Act or for carrying this Act into effect. (2) Without limiting subsection (1), regulations may be made for or with respect to the matters specified in Schedule 1 including regulating or controlling persons and things in respect of those matters. (5) The regulations— (a) may adopt wholly or partly and specifically or by reference and with any alteration, amendment, modification or variation any of the standards, rules, codes, specifications or methods of any association, body or institution whether in force or recommended at the time of adoption or as amended from time to time; (b) may impose functions or confer powers in connection with the regulations on a department of the government of the State, public authority or local authority; (c) may provide that certain provisions are to take effect during a specified period or a specified period of each year. (6) The regulations may prescribe— (a) that any offences under this Act are to be offences in respect of which a notice may be given or posted to an offender or affixed to a vehicle advising that a prescribed penalty may be paid for such offence within a prescribed period without involving court proceedings; and (b) the amounts that are payable by way of penalties in respect of offences so prescribed which sums of money may be prescribed differently in relation to different offences or differently in relation to any such offence according to previous like offences or the time, place or circumstance related to the commission of the offence; and (c) the form of, and the particulars to be contained in, the notice; and (d) the manner in which the notice may be given or posted to a person or affixed to a vehicle. (7) Regulations under subsection (6) in respect of the notice referred to therein may prescribe that the notice may also advise that an amount (determined by the chief executive) up to but not exceeding double the amount of any fee or fees due for any purpose under this Act that may be

s 9 27 s 9 Transport Infrastructure (Roads) Act 1991 paid within the same period as that prescribed in respect of the prescribed penalty, without involving court proceedings. (9) A regulation made regulating or controlling persons, animals or vehicles on declared roads is not to be inconsistent with the Traffic Act 1949 but any regulation that is inconsistent is to have effect except to the extent of the inconsistency. ˙ Reference to the Corporation or Director-General to be references to the chief executive 9.25 A reference in this Act other than in Part 5 to the Corporation or the Director-General is a reference to the chief executive of the department.

28 Transport Infrastructure (Roads) Act 1991 ¡ SCHEDULE 1 † SUBJECT MATTER FOR REGULATIONS section 9.24 ADMINISTRATION Functions and powers of the chief executive, officers, employees, delegates and authorised officers to facilitate and enforce the carrying into effect of the provisions of this Act. DECLARED ROADS Management of the various classifications of declared roads. Protection of transport infrastructure and land under the control of the Corporation. Consequences of damage or interference to declared roads or road transport infrastructure. Control of naturally occurring materials on declared roads. Regulation, restriction and control of access to declared roads. Creation and operation of declared roads subject to limitation of access. Creation and operation of motorways. Regulation of advertising on or in the vicinity of declared roads. Regulation of persons, animals, vehicles and rubbish on declared roads. PROPERTY PROVISIONS Provision of service centres, rest areas, scenic areas within Queensland.

29 Transport Infrastructure (Roads) Act 1991 SCHEDULE 1 (continued) SURVEYS, INVESTIGATIONS, ENVIRONMENTAL ASSESSMENTS, PLANNING AND DESIGN Production, keeping, maintenance and display of maps for the purpose of this Act. CONSTRUCTION AND MAINTENANCE Construction of works for and maintenance of transport infrastructure. Planning, design and construction by local authorities of works for road transport infrastructure, maintenance of road transport infrastructure by local authorities and supervision of construction of works for road transport infrastructure by local authorities. Temporary occupation of land under this Act. Regulation of traffic (including for safety purposes) during construction of works for or maintenance of road transport infrastructure. Creation or diversion of watercourses on a declared road or affecting a declared road. Regulation of ancillary works and encroachments. Requirements for construction, augmentation, alteration and maintenance of statutory utilities on declared roads. FINANCIAL PROVISIONS Financial contributions to or payments by local authorities for construction of works for and maintenance of transport infrastructure. Interest payable on moneys outstanding under the Act. Tolls payable through use of transport infrastructure. GENERAL PROVISIONS Penalties for failure to comply with the regulations. Exemptions from the operation of the regulations.

30 Transport Infrastructure (Roads) Act 1991 SCHEDULE 1 (continued) Forms to be used for the purposes of this Act and the purposes for which those forms must be used respectively. Fees, charges, allowances, royalties, costs or expenses payable to or to be paid by the chief executive. Provision and dealing with notices, requisitions and other documents or writings. Compensation payable under this Act. Granting and managing vehicle registrations and permits. Management and operation of a register of vehicles including— nomination of responsible operator; initial registration; renewal of registration; cancellation or suspension of registration; transfer of registration; identification of current registration; identification of vehicles for registration purposes; identification of persons applying for registration or transfer of registration of vehicles; duties of persons in whose names vehicles are registered; sale of information contained in the register; inspection of vehicles and records; appointment of the chief executive as an agent for bodies providing statutorily required insurance cover; appointment, functions and powers of agents of the chief executive. Conditions upon which vehicles may be used on roads. Prohibition of use of unregistered or non-complying vehicles. Notification of transfers and sales of unregistered vehicles. Use of unregistered vehicles by dealers and others.

31 Transport Infrastructure (Roads) Act 1991 SCHEDULE 1 (continued) Use, regulation and control of dealers’ plates. Regulation and control of the transportation of heavy or over-dimension loads on roads. Display of notices. All matters required or permitted by or under this Act to be prescribed where the manner of prescription is not specified.

32 Transport Infrastructure (Roads) Act 1991 ¡ SCHEDULE 3 † SAVINGS, TRANSITIONAL AND VALIDATION section 1.4 ˙ Transfer of assets and liabilities 7.(1) On the commencement of section 1.4— (a) all moneys that immediately before that commencement are standing at credit in a fund or account administered by the Commissioner of Main Roads together with interest accrued and due thereon vest in the State; and (b) all moneys and liquidated and unliquidated claims that immediately before that commencement were payable to or recoverable by the Commissioner of Main Roads are payable to and recoverable by the State; and (c) all real and personal property of the Commissioner of Main Roads is divested from the Commissioner of Main Roads and vested in the State; and (e) all actions, suits and proceedings by or against the Commissioner of Main Roads pending or existing immediately prior to that commencement may be continued or discontinued by or against the State which is to be substituted as a party thereto in place of the Commissioner of Main Roads; and (f) all debts owing and moneys payable by and liquidated or unliquidated claims recoverable against the Commissioner of Main Roads and subsisting immediately before that commencement become and are debts owing or moneys payable by or, as the case may be, claims recoverable against the State. (2) The Registrar of Titles and all other persons charged with the keeping of a register with respect to dealings with property vested in the State by this clause are, upon request made or on behalf of the chief executive, to make in that register all endorsements necessary to record the vesting in the State

33 Transport Infrastructure (Roads) Act 1991 SCHEDULE 3 (continued) of the property in question pursuant to this clause. (3) Despite any Act to the contrary, a request made for the purposes of subclause (2) is not liable to stamp duty and no fees or charges are payable in respect thereof. ˙ Acts etc. under repealed Acts continue under this Act 8. Every registration, certificate, licence, permit, order, approval, exemption, direction, notification, notice, delegation or other act or authority granted, issued, made and published, given or done under the repealed Acts and in force immediately before the commencement of section 1.4 continues in force as if it were granted, issued, made and published, given or done under this Act until it expires by effluxion of the time limited for its operation at the time it was granted, issued, made and published, given or done or is revoked, cancelled, suspended or surrendered in accordance with this Act.

34 Transport Infrastructure (Roads) Act 1991 † ENDNOTES ´ 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 ´ 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 23 May 1997. Future amendments of the Transport Infrastructure (Roads) Act 1991 may be made in accordance with this reprint under the Reprints Act 1992, section 49. 3 ´ AIA amd ch def div exp gaz hdg ins lap notfd om o in c p para prec pres prev = = = = = = = = = = = = = = = = = = Key Key to abbreviations in list of legislation and annotations Acts Interpretation Act 1954 amended chapter definition division expires/expired gazette heading inserted lapsed notified omitted order in council page paragraph preceding present previous (prev) proc prov pt pubd R[X] RA reloc renum rep s sch sdiv SIA SL sub unnum = = = = = = = = = = = = = = = = = previously proclamation provision part published Reprint No.[X] Reprints Act 1992 relocated renumbered repealed section schedule subdivision Statutory Instruments Act 1992 subordinate legislation substituted unnumbered

35 Transport Infrastructure (Roads) Act 1991 ´ 4 Table of earlier reprints TABLE OF EARLIER REPRINTS [If a reprint number includes an arabic letter, the reprint was released in unauthorised, electronic form only.] Reprint No. Amendments included Reprint date 1 none 1 June 1992 2 to Act No. 8 of 1994 28 April 1994 3 to Act No. 43 of 1994 25 November 1994 3A to Act No. 9 of 1995 11 July 1996 ´ 5 Tables in earlier reprints Name of table TABLES IN EARLIER REPRINTS Changed names and titles Obsolete and redundant provisions Renumbered provisions Reprint No. 2 2 1, 2 ´ 6 List of legislation Transport Infrastructure (Roads) Act 1991 No. 29 date of assent 5 June 1991 ss 1.1–1.2 commenced on date of assent remaining provisions commenced 14 July 1991 (1991 SL No. 16) Note— (1) Repealed by the Transport Operations (Road Use Management) Act 1995 No. 9 s 93 sch 2 pt 1 (not yet proclaimed into force (see s 93(1)) (2) A proclamation under the Transport Operations (Road Use Management) Act 1995 No. 9 s 93(1) may fix a single day or time for the repeal of the whole or part of this Act or may fix different times for the repeal of different provisions of this Act (see 1995 No. 9 s 93(2)) (3) If the whole of this Act has not been repealed before 1 July 1998 it is repealed on the next day (see 1995 No. 9 s 93(3) as amd 1997 No. 9 s 93(1)) as amended by— Nature Conservation Act 1992 No. 20 ss 1–2, 159 sch 2 date of assent 22 May 1992 ss 1–2 commenced on date of assent

36 Transport Infrastructure (Roads) Act 1991 never proclaimed into force and om 1994 Act No. 42 ss 1–2 sch (as from 14 September 1994) Statute Law (Miscellaneous Provisions) Act (No. 2) 1992 No. 68 ss 1–3 sch 2 date of assent 7 December 1992 commenced on date of assent Transport Legislation Amendment Act 1993 No. 5 pts 1–2 date of assent 26 March 1993 commenced on date of assent Traffic Amendment Act 1994 No. 7 pts 1, 5 date of assent 7 March 1994 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 1994 (1994 SL No. 231) Transport Infrastructure Act 1994 No. 8 ss 1–2, 129 sch 3 (as amd by Act No. 32 of 1994 s 13(2) (as from 1 July 1994)) date of assent 7 March 1994 ss 1–2 commenced on date of assent sch 3 amdt 5 commenced 7 November 1994 (1994 SL No. 378) remaining provisions commenced 15 April 1994 (1994 SL No. 128) Transport Infrastructure Amendment Act 1994 No. 32 ss 1–2, 14 sch 1 date of assent 30 June 1994 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 1994 (see s 2) Transport Operations (Passenger Transport) Act 1994 No. 43 ss 1–2, 143 sch 3 date of assent 14 September 1994 ss 1–2 commenced on date of assent remaining provisions commenced 7 November 1994 (1994 SL No. 378) Transport Operations (Road Use Management) Act 1995 No. 9 ss 1–2, 92 sch 1 date of assent 5 April 1995 commenced on date of assent Transport Legislation Amendment Act 1996 No. 62 pts 1, 3 date of assent 9 December 1996 ss 1–2 commenced on date of assent remaining provisions commenced 1 May 1997 (1997 SL No. 23) ´ 7 List of annotations Repeals s 1.3 om 1992 No. 68 s 3 sch 2 Savings and transitional s 1.4 om 1992 No. 68 s 3 sch 2 Interpretation s 1.5 amd 1992 No. 68 s 3 sch 2

37 Transport Infrastructure (Roads) Act 1991 def “ancillary works and encroachments” om 1994 No. 8 s 90 sch 3 def “area” sub 1992 No. 68 s 90 s 3 om R2 (see RA s 39) def “chief executive” ins 1992 No. 68 s 3 sch 2 def “construction” om 1994 No. 8 s 90 sch 3 def “Corporation” om 1994 No. 43 s 143 sch 3 def “declared road” om 1994 No. 8 s 90 sch 3 def “department” om 1992 No. 68 s 3 sch 2 def “Director-General” om 1992 No. 68 s 3 sch 2 def “employee” amd 1992 No. 68 s 3 sch 2 def “land” om 1994 No. 8 s 90 sch 3 def “local authority” om 1992 No. 68 s 3 sch 2 def “maintenance” om 1994 No. 8 s 90 sch 3 def “means of access” om 1994 No. 8 s 90 sch 3 def “Minister” om 1992 No. 68 s 3 sch 2 def “motorway” om 1994 No. 8 s 90 sch 3 def “repealed Acts” ins 1992 No. 68 s 3 sch 2 def “road transport infrastructure” om 1994 No. 8 s 90 sch 3 def “statutory utility” om 1994 No. 8 s 90 sch 3 def “transport infrastructure” om 1994 No. 8 s 90 sch 3 def “utility” om 1994 No. 8 s 90 sch 3 def “watercourse” om 1994 No. 8 s 90 sch 3 def “works for road transport infrastructure” om 1994 No. 8 s 90 sch 3 Division 1—General powers of chief executive div hdg amd 1992 No. 68 s 3 sch 2; 1995 No. 9 s 92 sch 1 Administration of Act s 2.1 amd 1992 No. 68 s 3 sch 2 om 1994 No. 8 s 90 sch 3 Corporation is the Crown s 2.2 om 1994 No. 8 s 90 sch 3 Legal capacities of Corporation s 2.3 om 1994 No. 8 s 90 sch 3 Functions and powers of chief executive prov hdg amd 1992 No. 68 s 3 sch 2; 1995 No. 9 s 92 sch 1 s 2.4 amd 1992 No. 68 s 3 sch 2; 1994 No. 8 s 90 sch 3; 1995 No. 9 s 92 sch 1 General power to make and enter into contracts s 2.5 om 1994 No. 8 s 129 sch 3 (as amd by 1994 No. 32 s 13(2)) Mode of making or entering into contracts or agreements s 2.6 amd 1992 No. 68 s 3 sch 2 om 1994 No. 8 s 90 sch 3 Division 2—Delegations div hdg om 1994 No. 8 s 90 sch 3 Delegations s 2.7 amd 1992 No. 68 s 3 sch 2

38 Transport Infrastructure (Roads) Act 1991 om 1994 No. 8 s 90 sch 3 Division 3—General div hdg om 1994 No. 32 s 14 sch 1 Authentication of documents s 2.8 om 1994 No. 8 s 90 sch 3 Statutory instruments that are subordinate legislation s 2.9 sub 1992 No. 68 s 3 sch 2 om 1994 No. 8 s 90 sch 3 Application of certain provisions of Local Government Act 1936–1990 s 2.10 amd 1992 No. 68 s 3 sch 2 om 1994 No. 8 s 90 sch 3 Continuation of powers of local authorities s 2.11 om 1994 No. 8 s 90 sch 3 Power to require information from local authorities s 2.12 om 1994 No. 8 s 90 sch 3 Officers and employees s 2.13 om 1994 No. 32 s 14 sch 1 Division 4—Driver Training Fund div hdg ins 1993 No. 5 pt 2 s 3 Driver Training Fund s 2.14 ins 1993 No. 5 pt 2 s 3; 1995 No. 9 s 92 sch 1 Use of the fund s 2.15 ins 1993 No. 5 pt 2 s 3; 1995 No. 9 s 92 sch 1 Investment of the fund s 2.16 ins 1993 No. 5 pt 2 s 3 PART 3—DECLARED ROADS pt hdg om 1994 No. 8 s 90 sch 3 Division 1—Declaration of declared roads div hdg om 1994 No. 8 s 90 sch 3 Declaration of declared roads s 3.1 om 1994 No. 8 s 90 sch 3 Declaration of new road or deviation to be declared road s 3.2 amd 1992 No. 68 s 3 sch 2 om 1994 No. 8 s 90 sch 3 Declared roads on Crown reserves, State forests etc. s 3.3 om 1994 No. 8 s 90 sch 3 Local authorities to be notified s 3.4 om 1994 No. 8 s 90 sch 3 Division 2—Vesting of property in declared roads etc. div hdg om 1994 No. 8 s 90 sch 3

39 Transport Infrastructure (Roads) Act 1991 Property in declared roads etc. s 3.5 amd 1992 No. 68 s 3 sch 2 om 1994 No. 8 s 90 sch 3 Damage to road transport infrastructure etc. s 3.6 om 1994 No. 8 s 90 sch 3 Division 3—Control of access to and from land contiguous with declared roads div hdg om 1994 No. 8 s 90 sch 3 Control of access s 3.7 om 1994 No. 8 s 90 sch 3 Division 4—Declared roads subject to limitation of access div hdg om 1994 No. 8 s 90 sch 3 Notification limiting access to declared roads etc. s 3.8 amd 1992 No. 68 s 3 sch 2 om 1994 No. 8 s 90 sch 3 When notification takes effect s 3.9 om 1994 No. 8 s 90 sch 3 Corporation may prevent access s 3.10 om 1994 No. 8 s 90 sch 3 Where existing means of access becomes limited, Corporation to provide means of access s 3.11 om 1994 No. 8 s 90 sch 3 Consent of Corporation required for others to provide means of access s 3.12 om 1994 No. 8 s 90 sch 3 Division 5—Compensation concerning access div hdg om 1994 No. 8 s 90 sch 3 Compensation for loss or damage where access affected s 3.13 om 1994 No. 8 s 90 sch 3 Cases where compensation not payable s 3.14 om 1994 No. 8 s 90 sch 3 Compensation, if no agreement, to be determined by Land Court s 3.15 om 1994 No. 8 s 90 sch 3 Division 6—Dealing with contiguous land subject to approval of corporation div hdg om 1994 No. 8 s 90 sch 3 Local authority to approve subdivision of land contiguous with declared roads only with Corporation’s approval s 3.16 om 1994 No. 8 s 90 sch 3 Division 7—Motorways on declared roads div hdg om 1994 No. 8 s 90 sch 3

40 Transport Infrastructure (Roads) Act 1991 Notification of motorways s 3.17 amd 1992 No. 68 s 3 sch 2 om 1994 No. 8 s 90 sch 3 Prevention of access s 3.18 om 1994 No. 8 s 90 sch 3 PART 4—FRANCHISED MOTORWAYS pt hdg om 1994 No. 8 s 90 sch 3 Franchised motorways not declared roads s 4.1 om 1994 No. 8 s 90 sch 3 PART 5—PROPERTY PROVISIONS pt hdg om 1994 No. 8 s 129 sch 3 General power regarding property s 5.1 om 1994 No. 8 s 129 sch 3 Acquisition of land by Corporation s 5.2 amd 1992 No. 20 s 159 sch 2 (never proclaimed into force and om 1994 No. 42 s 2 sch) om 1994 No. 8 s 129 sch 3 Purposes for acquisition of land s 5.3 amd 1992 No. 20 s 159 sch 2 (never proclaimed into force and om 1994 No. 42 s 2 sch); 1992 No. 68 s 3 sch 2 om 1994 No. 8 s 129 sch 3 Taking of land by the Corporation for purposes other than a declared road or deviation from an existing road s 5.4 om 1994 No. 8 s 129 sch 3 Power of Corporation to lease or dispose of land s 5.5 om 1994 No. 8 s 129 sch 3 Dealing with old roads s 5.6 om 1994 No. 8 s 129 sch 3 Creation and widening of reservation for declared road s 5.7 amd 1992 No. 68 s 3 sch 2 om 1994 No. 8 s 129 sch 3 No compensation for works after notice of intention to resume s 5.8 amd 1992 No. 68 s 3 sch 2 om 1994 No. 8 s 129 sch 3 PART 6—SURVEYS, INVESTIGATIONS, ASSESSMENTS, PLANNING AND DESIGN pt hdg om 1994 No. 8 s 90 sch 3 ENVIRONMENTAL Powers of Corporation regarding surveys, investigations, environmental assessments, planning and design s 6.1 om 1994 No. 8 s 90 sch 3

41 Transport Infrastructure (Roads) Act 1991 Power to enter land for surveys, etc. s 6.2 amd 1992 No. 68 s 3 sch 2 om 1994 No. 8 s 90 sch 3 Destruction, etc. of survey equipment s 6.3 om 1994 No. 8 s 90 sch 3 PART 7—CONSTRUCTION AND MAINTENANCE pt hdg om 1994 No. 8 s 90 sch 3 Division 1—Road transport infrastructure on declared roads div hdg om 1994 No. 8 s 90 sch 3 Power to construct works for and maintain road transport infrastructure on declared roads s 7.1 om 1994 No. 8 s 90 sch 3 Works by local authorities on declared roads s 7.2 om 1994 No. 8 s 90 sch 3 Construction and maintenance on declared roads by others s 7.3 om 1994 No. 8 s 90 sch 3 Cost sharing arrangements regarding declared roads s 7.4 om 1994 No. 8 s 90 sch 3 Restrictions on roads joining declared roads s 7.5 om 1994 No. 8 s 90 sch 3 Temporary occupation and use of land s 7.6 om 1994 No. 8 s 90 sch 3 Temporary road on land s 7.7 om 1994 No. 8 s 90 sch 3 Notice of entry s 7.8 amd 1992 No. 68 s 3 sch 2 om 1994 No. 8 s 90 sch 3 Compensation for physical damage from entry etc. s 7.9 om 1994 No. 8 s 90 sch 3 Fencing declared roads s 7.10 om 1994 No. 8 s 90 sch 3 Watercourses in connection with road transport infrastructure s 7.11 om 1994 No. 8 s 90 sch 3 Division 2—Ancillary works and encroachments etc. on declared roads div hdg om 1994 No. 8 s 90 sch 3 Ancillary works and encroachments s 7.12 om 1994 No. 8 s 90 sch 3 Erection of buildings on declared roads s 7.13 amd 1992 No. 68 s 3 sch 2 om 1994 No. 8 s 90 sch 3

42 Transport Infrastructure (Roads) Act 1991 Division 3—Statutory utilities on declared roads div hdg om 1994 No. 8 s 90 sch 3 Location and requirements s 7.14 om 1994 No. 8 s 90 sch 3 Specification of Corporation’s requirements regarding statutory utilities s 7.15 om 1994 No. 8 s 90 sch 3 Information by owner of statutory utility to Corporation s 7.16 om 1994 No. 8 s 90 sch 3 Liability for damages or expenses s 7.17 om 1994 No. 8 s 90 sch 3 Corporation and owner of statutory utility may share costs s 7.18 om 1994 No. 8 s 90 sch 3 Application of Division to statutory utilities under Electricity Act s 7.19 om 1994 No. 8 s 90 sch 3 Division 4—Other transport infrastructure Div hdg om 1994 No. 8 s 90 sch 3 Agreements regarding transport infrastructure s 7.20 om 1994 No. 8 s 90 sch 3 PART 8—FINANCIAL PROVISIONS pt hdg om 1994 No. 8 s 90 sch 3 Financial arrangements and investments s 8.1 om 1994 No. 8 s 90 sch 3 Authorised officers s 9.1 amd 1992 No. 68 s 3 sch 2; 1995 No. 9 s 92 sch 1 General power to obtain information s 9.7 amd 1992 No. 68 s 3 sch 2 Proceedings for offences s 9.16 amd 1992 No. 68 s 3 sch 2 Nomination of responsible operator s 9.17A ins 1996 No. 62 s 15 Conduct of directors, servants and agents s 9.18 amd 1992 No. 68 s 3 sch 2 On conviction, order for payment of fees etc. s 9.19 amd 1995 No. 9 s 92 sch 1 Directors liable for penalties of bodies corporate s 9.20 amd 1995 No. 9 s 92 sch 1 Traffic improvement fee s 9.21A ins 1994 No. 7 s 48

43 Transport Infrastructure (Roads) Act 1991 Service of documents s 9.22 amd 1992 No. 68 s 3 sch 2; 1995 No. 9 s 92 sch 1 Evidentiary provisions s 9.23 amd 1992 No. 68 s 3 sch 2; 1995 No. 9 s 92 sch 1 Regulations s 9.24 amd 1992 No. 68 s 3 sch 2; 1995 No. 9 s 92 sch 1 Reference to the Corporation or Director-General to be references to the chief executive s 9.25 ins 1994 No. 8 s 90 sch 3 SCHEDULE 1—SUBJECT MATTERS FOR REGULATIONS amd 1992 No. 68 s 3 sch 2; 1995 No. 9 s 92 sch 1; 1996 No. 62 s 16 SCHEDULE 2 om R1 (see RA s 40) SCHEDULE 3—SAVINGS, TRANSITIONAL AND VALIDATION amd R1 (see RA s 38); 1992 No. 68 s 3 sch 2; 1994 No. 32 s 14 sch 1; 1995 No. 9 s 92 sch 1 © State of Queensland 1997