Queensland: Transport Operations (Passenger Transport) Act 1994 (Qld)

Transport Operations (Passenger Transport) Act 1994 An Act about passenger transport, and for other purposes Chapter 1 Preliminary 1 Short title This Act may be cited as the Transport Operations (Passenger Transport) Act 1994. 2 Objectives of Act (1) This Act is intended to achieve the provision of the best possible public passenger transport at reasonable cost to the community and government, keeping government regulation to a minimum. (2) However, this Act recognises that market entry restrictions may be needed in the public interest. (3) The overall objectives of this Act are, consistent with the objectives of the Transport Planning and Coordination Act 1994, to— (a) enable the effective planning and efficient management of public passenger transport in the State; and (b) provide a system of public passenger transport in the State that— (i) is responsive to community needs; and (ii) offers an attractive alternative to private transport in a way that reduces the overall environmental, economic and social costs of passenger transport; and (iii) addresses the challenges of future growth; and (iv) provides a high level of accountability; and (v) provides public passenger services at a reasonable cost to the community and government; and (c) promote the personal safety of persons using public passenger transport; and (d) provide a reasonable level of community access and mobility in support of the Government's social justice objectives; and (e) provide an adequate framework for coordinating the different forms of public passenger transport to form a comprehensive, integrated and efficient system. 3 Definitions—the dictionary (1) The dictionary at the end of this Act defines particular words used in this Act. (2) To remove any doubt, the dictionary is a schedule. 4 Act binds all persons (1) In this section— government entity includes— (a) the State, the Commonwealth or another State; or (b) an instrumentality or agent of the State, the Commonwealth or another State. (2) This Act binds all persons, including every government entity. (3) However, a regulation may exempt a government entity from this Act or a provision of this Act. 4A Act does not prevent local law from imposing additional requirements This Act does not prevent a local government from making a local law imposing requirements that are additional to requirements under this Act for the protection of property or infrastructure relating to public passenger transport in its local government area. 4B Reference to offence against provision of an Act that is a disqualifying offence or a driver disqualifying offence (1) This section applies to any provision of this Act that defines a particular provision of an Act as a disqualifying offence or a driver disqualifying offence. (2) The reference to the particular provision includes the provision as it existed at any time before it was made, even though it was amended from time to time and even though the provision had a different number from time to time. (3) Subsection (2) does not limit the Acts Interpretation Act 1954, section 14H. Chapter 2 Responsibilities for transport strategies and programs Part 1 Passenger transport strategies 5 Development of passenger transport strategies (1) The chief executive must, from time to time, develop for the Minister's approval passenger transport strategies designed to give effect to the transport coordination plan in accordance with this Act's objectives. (2) In developing passenger transport strategies, the chief executive must take reasonable steps to engage in public consultation. (3) The Minister may, at any time, direct the chief executive to prepare new passenger transport strategies for the Minister's approval or to amend passenger transport strategies in the way the Minister directs. (4) The Minister may approve passenger transport strategies submitted for approval by the chief executive or require the chief executive to amend the strategies in the way the Minister directs. (5) The Minister must table a copy of each passenger transport strategy, and each amendment of a passenger transport strategy, approved by the Minister in the Legislative Assembly within 5 sitting days after it is approved. 6 Contents of passenger transport strategies (1) Passenger transport strategies must include— (a) a statement of the specific objectives sought to be achieved; and (b) proposals for the provision of public passenger transport; and (c) criteria for deciding priorities for government spending on public passenger transport, and options for raising the necessary finance; and (d) appropriate performance indicators for deciding whether, and to what extent, the objectives of the strategies have been achieved. (2) Passenger transport strategies must aim to provide an adequate framework for coordinating and integrating the provision of passenger transport between the different transport modes and different levels of government. (3) Passenger transport strategies may also take into account agreements between the State and the Commonwealth, other States and local governments about passenger transport. (4) If there is an integrated regional transport plan under the Transport Planning and Coordination Act 1994 for an area, the passenger transport strategies for the area must not be inconsistent with, and must give effect to, the plan. Part 2 Passenger transport implementation programs 7 Development of passenger transport implementation programs (1) Before the start of each financial year, the chief executive must develop for the Minister's approval passenger transport implementation programs for the year and for 1 or more later years. (2) A passenger transport implementation program must include a statement of— (a) the policies, projects and financial provisions for implementing the passenger transport strategies; and (b) the performance targets to be achieved. (3) A passenger transport implementation program may include proposals to spend amounts not directly related to public passenger transport if the proposals would contribute to the effectiveness and efficiency of public passenger transport. (4) In developing passenger transport implementation programs, the chief executive must take reasonable steps to engage in public consultation. (5) A passenger transport implementation program must be made available to the public in a way decided by the Minister. (6) The Minister may at any time direct the chief executive to amend a passenger transport implementation program. (7) The Minister may approve passenger transport implementation programs submitted for approval by the chief executive or require the chief executive to amend the programs in the way the Minister directs. 8 Consistency with passenger transport strategies (1) Subject to directions of the Minister, a passenger transport implementation program must be consistent with the passenger transport strategies. (2) If the Minister gives a direction under this section resulting in a passenger transport implementation program being inconsistent with passenger transport strategies, the Minister must table a copy of the direction in the Legislative Assembly within 5 sitting days after it is given. 9 Report on operation of passenger transport programs Each annual report of the department must include a report on the implementation of passenger transport implementation programs during the year to which the report relates. Part 3 Chief executive's general accountabilities 10 Obligations about public passenger transport (1) The chief executive must ensure— (a) public passenger transport is developed in a way that— (i) takes into account best practice and national benchmarks; and (ii) promotes, within overall transport objectives, the safety of passengers; and (iii) encourages efficient, competitive and commercial behaviour in the provision of public passenger transport; and (iv) ensures a strategic and integrated approach to the provision of public passenger transport; and (v) promotes energy efficiency and reduces adverse environmental impact; and (b) public passenger transport operates to achieve— (i) efficiency; and (ii) cost effectiveness; and (iii) the highest quality and accessibility of services, and effective infrastructure, consistent with reasonable cost; and (c) funding provided by the State for public passenger transport is applied in an efficient, cost effective and equitable way. (2) Each annual report of the department must include a report on how effect has been given to subsection (1) during the year to which the report relates. Chapter 3 Operator accreditation 11 Purpose of operator accreditation The purpose of operator accreditation is to encourage the high quality operation of public passenger services by— (a) raising standards and awareness of operators in the areas of safety, service delivery and business acumen; and (b) ensuring public passenger service operators are held accountable for complying with appropriate standards. 12 What is operator accreditation Operator accreditation is an accreditation that authorises the holder of the accreditation to provide, as an operator, a public passenger service of a particular kind. 13 [Repealed] 14 Operator accreditation standards Standards about operator accreditation may relate to— (a) the applicant's capacity to ensure the appropriate operation and maintenance of public passenger vehicles; and (b) the applicant's ability to provide a quality public passenger service; and (c) an operator's responsibility to comply with vehicle design, safety and operational requirements; and (d) the applicant's business management skills, including, expertise in timetabling, route planning, marketing, customer services and financial management; and (e) the operator's responsibility to comply with or ensure that a driver complies with an Act, or a provision of an Act, that would promote safety or customer service; and (f) other matters prescribed by regulation. Note— Chapter 9 deals with the making of standards. 15 Operator must hold operator accreditation (1) A person must not provide, as an operator, a public passenger service unless the person holds operator accreditation for the service. Maximum penalty— (a) if the person does not hold operator accreditation—160 penalty units; or (b) if the person holds operator accreditation to provide a public passenger service other than the public passenger service provided by the person—20 penalty units. (2) Subsection (1) does not apply to a person providing, as an operator, a public passenger service if the service is— (a) not provided on a road; or (b) provided using a light rail vehicle; or (c) prescribed by regulation as a service to which this section does not apply. 16 Responsibility for system of operator accreditation (1) The chief executive is responsible for administering the scheme of operator accreditation. (2) If a person to whom the chief executive delegates powers about operator accreditation that are prescribed by regulation fails, without reasonable excuse, to comply with a condition of the delegation, the person commits an offence. Maximum penalty—160 penalty units. 17 Granting, renewing or refusing operator accreditation (1) A regulation may make provision about granting, renewing, or refusing to grant or renew, operator accreditation. (2) Without limiting subsection (1), a regulation may authorise the chief executive to refuse to grant a person operator accreditation if— (a) for an individual—the person has been convicted of a disqualifying offence or has been charged with a disqualifying offence and the charge has not been finally disposed of; or (b) for a member of a partnership—the person, or another member of the partnership, has been convicted of a disqualifying offence or has been charged with a disqualifying offence and the charge has not been finally disposed of; or (c) for a corporation—the corporation, or an executive officer of the corporation, has been convicted of a disqualifying offence or has been charged with a disqualifying offence and the charge has not been finally disposed of. 18 Provisional operator accreditation A regulation may provide for granting, or refusing to grant, operator accreditation on a provisional basis. 19 Applicant to notify charge for disqualifying offence etc. (1) If an applicant for an operator accreditation is charged with a disqualifying offence, the applicant must immediately notify the chief executive under the regulations. (2) When the charge is dealt with, the applicant must immediately notify the chief executive under the regulations of the outcome of the charge. Maximum penalty—10 penalty units. 20 Amendment, suspension and cancellation of operator accreditation (1) A regulation may make provision about amending, suspending or cancelling operator accreditation. (2) Without limiting subsection (1), a regulation may authorise the chief executive to suspend or cancel a person's operator accreditation if— (a) for an individual—the person is convicted of a disqualifying offence; or (b) for a member of a partnership—the person, or another member of the partnership, is convicted of a disqualifying offence; or (c) for a corporation—the corporation, or an executive officer of the corporation, is convicted of a disqualifying offence. (3) Without limiting subsection (1), a regulation may authorise the chief executive to immediately suspend a person's operator accreditation if— (a) for an individual—the person is charged with a disqualifying offence or the chief executive otherwise considers it necessary in the public interest; or (b) for a member of a partnership—the person, or another member of the partnership, is charged with a disqualifying offence or the chief executive otherwise considers it necessary in the public interest; or (c) for a corporation—the corporation, or an executive officer of the corporation, is charged with a disqualifying offence or the chief executive otherwise considers it necessary in the public interest. 21 Accredited operator to notify charge for disqualifying offence etc. (1) A person who is an accredited operator must immediately notify the chief executive under the regulations if— (a) for an individual—the person is charged with a disqualifying offence; or (b) for a member of a partnership—the person, or another member of the partnership, is charged with a disqualifying offence; or (c) for a corporation—the corporation, or an executive officer of the corporation, is charged with a disqualifying offence. (2) When the charge is dealt with, the person must immediately notify the chief executive under the regulations of the outcome of the charge. Maximum penalty—10 penalty units. 22 Member of partnership must inform another partner of charge for disqualifying offence etc. (1) A member of a partnership that is an accredited operator must immediately inform, under the regulations, another member of the partnership if the member is charged with a disqualifying offence. (2) When the charge is dealt with, the member must immediately inform, under the regulations, another member of the partnership of the outcome of the charge. (3) An executive officer of a corporation that is an accredited operator must immediately inform, under the regulations, another executive officer of the corporation if the executive officer is charged with a disqualifying offence. (4) When the charge is dealt with, the executive officer must immediately inform, under the regulations, another executive officer of the corporation of the outcome of the charge. Maximum penalty—10 penalty units. 22A Operator accreditation is evidence of being the operator In a proceeding for an offence against this Act, evidence that a person— (a) is involved in providing a public passenger service; and (b) holds operator accreditation; is evidence that the person is the operator of the service. 22B Accredited operator to notify if authorised driver charged with or convicted of driver disqualifying offence (1) This section applies if an accredited operator reasonably believes that an authorised driver who drives a vehicle for the operator has been charged with, or convicted of, a driver disqualifying offence. (2) The accredited operator must immediately notify the chief executive, in writing, about the charging or conviction of the authorised driver. Maximum penalty—10 penalty units. (3) However, the accredited operator need not comply with subsection (2) if the operator reasonably believes the chief executive has already been notified that the authorised driver has been charged with, or convicted of, the driver disqualifying offence. (4) The accredited operator is not liable, civilly, criminally or under an administrative process, for complying with subsection (2). (5) Without limiting subsection (4)— (a) in a proceeding for defamation, the accredited operator has a defence of absolute privilege for publishing the information; and (b) if the accredited operator would otherwise be required to maintain confidentiality about the information under an Act, oath, rule of law or practice— (i) the accredited operator does not contravene the requirement by disclosing the information; and (ii) the accredited operator is not liable to disciplinary action for giving the information. Chapter 4 Driver authorisation Part 1 General 23 Purpose of driver authorisation (1) The purpose of driver authorisation is to maximise public confidence in public passenger services in relation to the drivers of public passenger vehicles. (2) Without limiting subsection (1), the purpose includes ensuring that drivers of public passenger vehicles— (a) are suitable persons to drive public passenger vehicles having regard to the need to provide for the personal safety of passengers and their property, and the public; and (b) conduct themselves responsibly with passengers and the public; and (c) are responsible in the act of driving and are capable of safely operating the relevant type of vehicle; and (d) are aware of their customer service responsibilities; and (e) are held accountable for complying with appropriate standards. (3) Without limiting subsection (1) or (2), the purpose also includes ensuring that drivers do not damage the reputation of public passenger transport. (4) In deciding whether to grant driver authorisation to a person, or to renew or amend, impose a condition on, or suspend or cancel a person's driver authorisation, the chief executive must take into consideration— (a) the purpose of driver authorisation mentioned in subsections (1) to (3); and (b) the paramount principle mentioned in section 33A that children and other vulnerable members of the community must be protected. 24 What is driver authorisation Driver authorisation is an authorisation that authorises the holder of the authorisation to drive a vehicle to provide a public passenger service of a particular kind. 25 [Repealed] 26 Driver authorisation standards Standards about driver authorisation may— (a) relate to the applicant's ability to drive safely a public passenger vehicle of the relevant category; and (b) include requirements about the medical fitness of applicants for, and holders of, driver authorisation; and (c) require compliance with the Anti-Discrimination Act 1991; and (d) relate to customer service and other matters prescribed by regulation; and (e) require compliance with another Act, or a provision of another Act, that would promote safety or customer service. Note— Chapter 9 deals with the making of standards. 27 Driver must hold driver authorisation (1) A person must not drive a vehicle to provide a public passenger service unless the person holds driver authorisation for the service. Maximum penalty— (a) if the person does not hold driver authorisation— (i) for a first offence—100 penalty units; or (ii) for a second or later offence—200 penalty units; Note— See sections 150B and 150C in relation to the application of the penalty for this subsection. (b) if the person holds driver authorisation to provide a public passenger service other than the public passenger service provided by the person—20 penalty units. (2) Subsection (1) does not apply to a person driving a vehicle to provide a public passenger service if the service is— (a) not provided on a road; or (b) provided using a light rail vehicle; or (c) prescribed by regulation as a service to which this section does not apply. 27A Person must use drivers that hold driver authorisation (1) A person must not provide a public passenger service unless the person uses a driver who holds driver authorisation for the service. Maximum penalty— (a) if the driver does not hold driver authorisation—160 penalty units; or (b) if the driver holds driver authorisation to provide a public passenger service other than the public passenger service provided by the driver—20 penalty units. (2) For subsection (1), a person provides a public passenger service if the person— (a) is an operator of the service; or (b) for a booked hire service—provides a booking service for the service. (3) Subsection (1) does not apply to a person providing a public passenger service if the service is— (a) not provided on a road; or (b) provided using a light rail vehicle; or (c) prescribed by regulation as a service to which this section does not apply. 28 Responsibility for system of driver authorisation (1) The chief executive is responsible for administering the scheme of driver authorisation. (2) If a person to whom the chief executive delegates powers about driver authorisation that are prescribed by regulation fails, without reasonable excuse, to comply with a condition of the delegation, the person commits an offence. Maximum penalty—160 penalty units. 28A Ineligibility for driver authorisation—category A driver disqualifying offences A person is ineligible to apply for or hold driver authorisation if the person has been convicted of a category A driver disqualifying offence. 28B Driver authorisation—category B driver disqualifying offences (1) This section applies if the chief executive is aware that a person who is an applicant for driver authorisation or who holds driver authorisation has been convicted of a category B driver disqualifying offence. (2) The chief executive must give the person written notice of the chief executive's intention to refuse to grant or renew, or to cancel, the driver authorisation (the exclusion action) unless the person demonstrates to the chief executive's satisfaction that an exceptional case exists. Example of an exceptional case— A person with no other criminal history was convicted of unlawful penile intercourse 30 years ago and placed on a good behaviour bond after being involved in a consensual sexual relationship with a 15 year old when the person was 17. (3) The chief executive must give the person a written notice about the exclusion action— (a) identifying the category B driver disqualifying offence of which the person has been convicted; and (b) stating the requirements of subsection (7); and (c) giving the person an opportunity to make written representations about the category B driver disqualifying offence and the exclusion action within 28 days. (3A) Subsection (4) applies only if the person has been convicted of a category B driver disqualifying offence that is also a serious offence or disqualifying offence under the Working with Children (Risk Management and Screening) Act 2000 to the extent that any qualification under that Act applies to the serious offence or disqualifying offence. (4) The chief executive must ask the chief executive (employment screening) whether the chief executive (employment screening) considers an exceptional case exists. (4A) For subsection (4), the chief executive may give to the chief executive (employment screening) the information, including any written representations mentioned under subsection (3)(c), the chief executive reasonably considers necessary for the chief executive (employment screening) to consider whether an exceptional case exists. (4B) Also for subsection (4), the chief executive is taken to have made the request under that subsection if the chief executive obtains confirmation from the chief executive (employment screening) that a person is the holder of a working with children clearance under the Working with Children (Risk Management and Screening) Act 2000 that is not suspended under that Act. (5) The chief executive (employment screening) may give the chief executive the advice requested under subsection (4). (5A) However, if subsection (4B) applies, the chief executive (employment screening) is taken to have advised the chief executive that the chief executive (employment screening) considers that an exceptional case exists. (6) Without limiting the chief executive's power to take the exclusion action if the advice of the chief executive (employment screening) was requested under subsection (4), the chief executive— (a) must take the advice of the chief executive (employment screening) into account; and (b) can not be satisfied that an exceptional case exists if the chief executive (employment screening) advises the chief executive that the chief executive (employment screening) considers an exceptional case does not exist. (7) The chief executive must consider any written representations made by the person and must take the exclusion action unless the chief executive, subject to subsection (6) and the paramount principle mentioned in section 33A, is satisfied that an exceptional case exists. (8) Nothing in this section limits action the chief executive may take under any other provision of this Act. 28C Driver authorisation—category C driver disqualifying offences (1) This section applies if the chief executive is aware that a person who is an applicant for driver authorisation or who holds driver authorisation has been convicted of a category C driver disqualifying offence. (2) Without limiting the grounds on which the chief executive may deal with the application or the driver authorisation, the chief executive may do any of the following (the proposed action)— (a) refuse to grant driver authorisation to the person; (b) refuse to renew the person's driver authorisation; (c) suspend or cancel the person's driver authorisation. (3) The chief executive must give the person written notice of the proposed action. (4) Nothing in this section limits action the chief executive may take under any other provision of this Act. 29 Granting, renewing or refusing driver authorisation (1) A regulation may make provision about granting, renewing, or refusing to grant or renew, driver authorisation. (2) Without limiting subsection (1), a regulation may authorise the chief executive— (a) to impose a condition when granting driver authorisation to a person or renewing a person's driver authorisation; or (b) to refuse to grant driver authorisation to a person or to renew the person's driver authorisation if the person— (i) has been convicted of a category C driver disqualifying offence; or (ii) has been charged with a driver disqualifying offence and the charge has not been finally disposed of. (3) Also, without limiting subsection (1), a regulation may provide for the following— (a) an authorising document; (b) an authorising document to be in the form of a card or something similar approved by the chief executive and on which information may be stored electronically; (c) a PIN to be used by the holder of driver authorisation as a security measure to protect information stored electronically on an authorising document. (4) Further, without limiting subsections (1) to (3), a regulation may provide that— (a) an authorising document may include on it information about— (i) the kinds of public passenger services for which the holder of the authorisation is an authorised driver; or (ii) another transport authority held by the person under a prescribed transport Act, if allowed under that Act; or (b) information about driver authorisation may be included on another transport authority. Note— See also the Transport Planning and Coordination Act 1994, section 36G for smartcard transport authorities. (5) In this section— prescribed transport Act means— (a) the Tow Truck Act 2023; or (b) the Transport Operations (Road Use Management) Act 1995. transport authority means— (a) a driver accreditation or an assistant accreditation under the Tow Truck Act 2023; or (b) a prescribed authority (other than a Queensland driver licence) under the Transport Operations (Road Use Management) Act 1995. 29AA Smartcard driver authorisation is property of the State (1) A smartcard driver authorisation is and remains the property of the State. (2) Subsection (1) applies even though a person other than the State— (a) has the right to use information that is on the smartcard driver authorisation or stored electronically on it; or (b) has the right to have information stored on the smartcard driver authorisation. (3) The State is not legally liable for an act or omission relating to the keeping or use of the smartcard driver authorisation. 29A Restricted driver authorisation (1) A regulation may make provision about an operator, who holds operator accreditation to operate a public passenger service, granting on behalf of the chief executive a restricted driver authorisation to authorise a person to drive a public passenger vehicle while, and only while, it is being used by the operator to provide the service. (2) Without limiting subsection (1), a regulation may— (a) limit the persons to whom restricted driver authorisation may be granted; or (b) exclude an operator from granting restricted driver authorisation; or (c) provide for restrictions applying to a driver under restricted driver authorisation. 30 Provisional driver authorisation A regulation may provide for granting, or refusing to grant, driver authorisation on a provisional basis, including provisional authorisation in an emergency. 31 Applicant to notify charge for driver disqualifying offence etc. (1) If an applicant for driver authorisation is charged with a driver disqualifying offence, the applicant must immediately notify the chief executive under the regulations. Maximum penalty—100 penalty units. (2) When the charge is dealt with, the applicant must immediately notify the chief executive under the regulations of the outcome of the charge. Maximum penalty—100 penalty units. 32 Amendment, suspension and cancellation of driver authorisations (1) A regulation may make provision about amending, suspending or cancelling driver authorisations. (1A) Without limiting subsection (1), a regulation may authorise the chief executive to amend, including immediately amend, a person's driver authorisation by imposing a condition on the authorisation. (2) Without limiting subsection (1), a regulation may authorise the chief executive to suspend or cancel a person's driver authorisation if the person is convicted of a category B or category C driver disqualifying offence. (3) Without limiting subsection (1), a regulation may authorise the chief executive to immediately suspend a person's driver authorisation if the person is charged with a driver disqualifying offence or the chief executive otherwise considers it necessary in the public interest. 33 Authorised driver must notify charge for driver disqualifying offence etc. (1) An authorised driver must immediately notify the chief executive under the regulations if the driver is charged with a driver disqualifying offence. Maximum penalty—100 penalty units. (2) When the charge is dealt with, the authorised driver must immediately inform the chief executive under the regulations of the outcome of the charge. Maximum penalty—100 penalty units. 33A Protection of children and vulnerable members of the community (1) This section applies to the following when making decisions about driver authorisation— (a) the chief executive; (b) persons constituting a review panel under the Transport Planning and Coordination Act 1994; (c) a court hearing an appeal against a decision about driver authorisation. (2) If, because an applicant for, or a holder of, driver authorisation has been charged with or convicted of a driver disqualifying offence or for any other reason, the safety of children or other vulnerable members of the community becomes relevant, the paramount principle is that children and other vulnerable members of the community must be protected. 34 Authorised driver must notify suspension or cancellation of licence etc. If a licence or other authorisation required under another Act to drive a vehicle of a type to which a person's driver authorisation relates is suspended or cancelled, the person must immediately notify the chief executive under the regulations. Maximum penalty—100 penalty units. 34A Authorised driver must notify damage, loss or theft of authorising document issued by chief executive (1) If a person's authorising document issued by the chief executive is damaged, lost or stolen, the person must notify the chief executive, as soon as practicable, in the way prescribed under a regulation. Maximum penalty—20 penalty units. (2) In this section— damaged, in relation to an authorising document— (a) means— (i) the document is damaged to an extent that— (A) any information on the document is impossible or difficult to read without the use of technology; or (B) a digital photo or a digitised signature on the document is impossible or difficult to recognise without the use of technology; or (ii) any information stored electronically on the document is no longer accessible by using the holder's PIN; and (b) includes destroyed. 35 Driver's obligation to notify of suspension or cancellation of licence etc. (1) This section applies to a person who is an authorised driver and who drives a vehicle to provide a public passenger service if— (a) the person is not the operator of the service; or (b) for a booked hire service—another person provides booking services for the service. (2) The person must immediately give written notice to the operator or other person if— (a) a licence or other authorisation required under another Act to drive a vehicle of a type to which the person's driver authorisation relates is suspended or cancelled; or (b) if the public passenger service is of a kind for which driver authorisation is required under this Act—the person's driver authorisation is suspended or cancelled. Maximum penalty—100 penalty units. Part 2 [Repealed] 35A [Repealed] 35AA [Repealed] 35B [Repealed] 35C [Repealed] 35D [Repealed] 35E [Repealed] 35F [Repealed] 35G [Repealed] Part 3 Restricted release of information about driver authorisation 35H Restricted written release of information (1) The chief executive may release, in writing, information kept under this Act about a person's driver authorisation to— (a) on receiving an application in the approved form— (i) the person; or (ii) with the person's written consent—another person; or (b) the commissioner of the police service for the purpose of any function of the commissioner or any function of the police service. (2) Also, the chief executive may release, in writing, to an entity information kept under this Act about a person's driver authorisation if— (a) the person produces the person's authorising document to the entity as proof of the person's identity; and (b) the entity applies in the approved form for the information; and (c) the information is necessary to verify the validity of the driver authorisation. (3) An application mentioned in subsection (1)(a) or (2)(b) may be made electronically. 35I Restricted oral release of particular information (1) The chief executive may orally release, to a person, information kept under this Act about the person's driver authorisation. (2) However, subsection (1) applies only if the chief executive is satisfied that the person is the person to whom the information relates. Example for subsection (2)— The chief executive may be satisfied as required under subsection (2) if the person correctly answers a series of questions, or produces a document, for identifying the person. Chapter 4A [Repealed] 35J [Repealed] 35K [Repealed] 35L [Repealed] 35M [Repealed] 35N [Repealed] 35O [Repealed] 35P [Repealed] 35Q [Repealed] 35R [Repealed] Chapter 5 Market entry restrictions 36 Market entry restrictions (1) A regulation may declare that a public passenger service is to be provided with market entry restrictions. (2) Before a regulation is made under subsection (1), the Minister must be of the opinion that the following criteria are met, or can be met or substantially met— (a) the level of services would be greater than the level that would otherwise be provided; (b) access to public passenger transport would be greater than would otherwise be achieved; (c) service innovation would be greater than would otherwise be achieved; (d) the particular public passenger services would better meet the Government's social justice objectives at a lower cost to the Government than would otherwise be achieved. 36AA No compensation for changes to market entry restrictions (1) Compensation is not payable if a regulation under section 36(1) is made, amended or repealed. (2) Also, compensation is not payable if, because of a regulation mentioned in subsection (1)— (a) anything previously permitted is prohibited or regulated; or (b) anything previously prohibited is permitted or regulated; or (c) anything previously regulated is no longer regulated or regulated in a different way. (3) This section does not prevent a regulation providing for payment of compensation. Chapter 5A Essential public transport infrastructure 36A Declaration of essential public transport infrastructure (1) A regulation may declare infrastructure to be essential public transport infrastructure. (2) However, the declaration may be made only if— (a) the infrastructure is used, or may be used, for the provision of a public passenger service; and (b) the Minister is satisfied that the infrastructure— (i) makes up part of the transport network for public passenger services; and (ii) is essential to the continuity of public passenger services. (3) The declaration must identify the infrastructure and the public passenger service. (4) In this section— infrastructure includes land and any other property. 36B Chief executive's power to give direction about use of essential public transport infrastructure (1) The chief executive may, by written notice, give the owner of essential public transport infrastructure a direction— (a) to allow any operator of the relevant service for the infrastructure to use the infrastructure on stated conditions fixed by the chief executive; and (b) not to change the infrastructure in a way that restricts that use. (2) However, before giving the direction, the chief executive must— (a) give the relevant parties a reasonable opportunity to make written submissions about the proposed direction; and (b) consider any submissions made under paragraph (a); and (c) be satisfied that— (i) the relevant parties have not been able to reach an agreement about the use under the proposed declaration; and (ii) there is no other reasonably practicable alternative to the direction that will secure the use. (3) The direction must— (a) identify the infrastructure and the relevant service; and (b) state a reasonable period within which the direction must be complied with; and (c) include, or be accompanied by, an information notice about the decision to give the direction and the decision to fix the conditions. (4) The direction is an essential infrastructure direction. (5) In this section— relevant parties means— (a) the owner and anyone else who would, under section 36C, be bound by the proposed direction; and (b) any operator of the relevant service. relevant service means the public passenger service identified in the declaration that declared the essential public transport infrastructure. 36C Persons bound by essential infrastructure direction An essential infrastructure direction binds— (a) the owner and any lessee of the infrastructure to which the direction relates; and (b) to the extent the infrastructure consists of land—any person with an interest in the land; and (c) a transferee of the infrastructure from a person mentioned in paragraph (a) or (b); and (d) a transferee of the infrastructure from a person mentioned in paragraph (c); and (e) anyone else who has control of the infrastructure. 36D Failure to comply with essential infrastructure direction A person who is bound by an essential infrastructure direction must comply with the direction. Maximum penalty—1,665 penalty units. 36E Record of essential infrastructure direction in land registry (1) This section applies if an essential infrastructure direction relates to land. (2) As soon as practicable after giving the direction, the chief executive must give the registrar written notice of the giving of the direction. (3) The registrar must keep records showing that the direction has been given. (4) The registrar must keep the records in a way that a search of any register kept by the registrar will show that the direction has been given. (5) If the direction is amended or repealed, the chief executive must give written notice of that fact to the registrar. (6) As soon as practicable after receiving a notice under subsection (5), the registrar must— (a) for an amendment—change the records to reflect the amendment; or (b) if the direction is repealed—remove the particulars of the direction from the records. (7) In this section— registrar means the registrar of titles under the Land Title Act 1994 or another person responsible for keeping a register for dealings in land. 36F Compensation (1) A person bound by an essential infrastructure direction may claim compensation from the State for costs incurred by the person in complying with the direction. (2) The amount of the compensation is to be decided by agreement between the chief executive and the claimant or, if there is no agreement, by an arbitrator. (3) The arbitrator must be appointed by— (a) agreement between the chief executive and the claimant; or (b) if the chief executive and the claimant can not agree—the Institute of Arbitrators & Mediators Australia or, if that body ceases to exist, another body that represents arbitrators. (4) The compensation must not include any component for— (a) loss of income or profit for any use of the infrastructure other than that required to be allowed under the direction; or (b) diminution in the value of the infrastructure or land related to the infrastructure because of the direction. (5) Without limiting the matters an arbitrator may or may not take into account, a regulation may provide for matters to be considered, or not considered, in deciding the amount of compensation. (6) The Commercial Arbitration Act 2013 applies to the arbitration. 36G [Repealed] Chapter 6 Service contracts Part 1 Preliminary Division 1 Application of service contracts 37 Purpose of service contracts The purpose of service contracts is to hold operators accountable for minimum performance levels to ensure the communities served under the contracts receive, at a reasonable cost, quality and innovative public passenger services. 38 What are service contracts (1) A service contract is a contract between the chief executive for the State and an operator under which the operator is required to provide a public passenger service for an area or route in a way that meets or exceeds performance levels stated in the contract. (2) If— (a) a regulation has been made under section 36 (Market entry restrictions) for a public passenger service; and (b) the chief executive has declared, under section 42 (Declaration that service contracts are required), that a service contract is required to provide the service for an area or a route; a service contract may provide the operator with the exclusive right to operate the public passenger service for the area or route. 38A [Repealed] 38B Chief executive may enter into service contracts The chief executive may, for the State, enter into a service contract. 39 Scope of service contracts The categories of public passenger service for which service contracts may be required are— (a) scheduled passenger services; and (b) ferry services; and (c) another category of public passenger services prescribed by regulation. 40 Service contracts to include minimum service levels (1) A service contract must state minimum service levels to be complied with by the holder. (2) Minimum service levels for a particular public passenger service must specify— (a) the periods when the public passenger service is to be provided; and (b) the nature, frequency and extent of the public passenger service during the periods or particular parts of the periods. (3) Minimum service levels must have regard to— (a) the needs of the community for whose benefit the service is provided; and (b) service levels in comparable communities, whether in Queensland, elsewhere in Australia or in a foreign country; and (c) the cost of service provision. 41 Other matters to be included in service contracts (1) A service contract may— (a) establish performance outcomes for frequency, regularity, punctuality and accessibility; and (b) establish performance outcomes for customer information and service; and (c) establish principles for fare setting; and (ca) establish principles for fare collection; and (d) establish performance levels for the quality and type of public passenger vehicles; and (e) establish criteria for government payments under the contract; and (ea) require the holder to charge fares decided by the chief executive; and (f) require the holder to provide or fund infrastructure associated with providing the public passenger service; and (g) require the holder to have or develop a business plan outlining how the performance levels are to be achieved; and (h) require the holder to establish a management information system to monitor, record and report periodically on performance; and (i) require the holder to provide the chief executive with information the chief executive may require; and (j) establish performance outcomes for other aspects of the way the holder provides the public passenger service or carries on business; and (ja) require the holder to provide improved levels of productivity; and (k) provide for the payment of compensation by the holder if the holder contravenes a condition of the contract, including, for example, compensation for the cost of providing the service through another holder; and (l) include other terms required by the chief executive. (2) The chief executive— (a) is obliged under a service contract to act in a reasonable way to facilitate the contract's operation; and (b) has the other obligations stated in the contract. Division 2 Requirement for service contracts 42 Declaration that service contracts are required (1) This section applies to a public passenger service to which a regulation under section 36 applies. (2) The chief executive may, by notice on the department's website, declare that a service contract will be required to provide a public passenger service of a specified kind for a specified area or route. (3) In the notice given under subsection (2) or another notice on the department's website, the chief executive must fix the day on and from which the service contract is required. (4) Before deciding to make a declaration under subsection (2), the chief executive must— (a) give written notice of the proposed declaration to all operators providing a public passenger service of the kind and for the area or route to be specified in the proposed declaration; and (b) allow the operators at least 28 days to make written submissions to the chief executive, about the proposed declaration; and (c) consider any submissions made under paragraph (b). 42A Other declarations that service contracts are required A regulation may declare that, on and from a day to be fixed by the chief executive by gazette notice, a service contract will be required to provide a scheduled passenger service that is a ferry service operating in a specified area or on a specified route. 42B Amendment of service contract area or route (1) The chief executive may, by notice on the department's website, amend the service contract area or route the subject of a declaration under section 42. (2) However, the amendment may be made only if the chief executive is satisfied the amendment is necessary— (a) to extend the service into developing areas; or (b) because of changed traffic conditions; or (c) for public safety; or (d) to improve the service in the public interest. (3) The notice must fix the day on which the amendment takes effect. (4) Before deciding to make the amendment, the chief executive must— (a) give written notice of the proposed amendment to each affected operator; and (b) allow each affected operator at least 28 days to make written submissions to the chief executive about the proposed amendment; and (c) consider any submissions made under paragraph (b). (5) In this section— affected operator means— (a) each holder of a service contract for the service contract area or route whose interests are materially affected by the proposed amendment; and (b) if the amendment is to add an area or route—any operator providing a public passenger service of the kind specified in the declaration for the additional area or the additional route. 43 Obligation to hold service contracts (1) A person must not provide a public passenger service for an area or route if the area or route is a service contract area or route for public passenger services of that kind unless the person is entitled to provide the public passenger service under— (a) a service contract; or (b) a written agreement with the chief executive; or (c) with the chief executive's approval, a written agreement with the holder of a service contract. Maximum penalty— (a) if a holder of a service contract has the exclusive right to operate the public passenger service for the area or route—160 penalty units; or (b) if the service contract area or route is in the integrated mass transit area—160 penalty units; or (c) in any other case—30 penalty units. (2) For a service contract area or route that is not in the integrated mass transit area, a written agreement with the chief executive mentioned in subsection (1)(b) may be made only if— (a) the chief executive has invited a service contract holder for the service contract area or route to offer to provide the public passenger service and the holder— (i) refused the invitation; or (ii) makes an offer that, in the chief executive's opinion, is not appropriate for the public passenger service; or (iii) did not respond to the invitation within the time allowed for a response to it; or (b) the public passenger service is not a service of a kind to which an existing service contract applies. (3) A person must not provide a service for which a service contract is required under section 42A unless the person is entitled to provide the service under a service contract. Maximum penalty—30 penalty units. Division 3 Administrative provisions 44 Term of service contracts (1) A service contract is for a term of not more than 7 years. (2) Subsection (1) is also subject to sections 47 and 47A. 45 Conditions of service contracts (1) A service contract is subject to conditions agreed by the parties. (2) A service contract may provide for payment, by the holder, of an amount to the chief executive for a breach of a key performance indicator. (3) The payment can not be more than the equivalent of 40 penalty units. (4) The payment is payable on demand by the chief executive and may be recovered as a debt payable to the chief executive. (5) This section does not limit section 47 or the chief executive's right to damages for a breach of service contract, including damages arising out of a breach of a key performance indicator. (6) In this section— key performance indicator, for a service contract, means a term of the service contract identified in the contract as a key performance indicator. 46 Review of holder's performance (1A) This section does not apply to a prescribed school service contract or a ferry service contract. (1B) Subsections (4) to (7) do not apply to an integrated mass transit service contract. (1) The chief executive may arrange for reviews of a holder's performance under a service contract. (2) However, each service contract, other than an emergency service contract or a service contract for a term of less than 2 years, must be reviewed as near as practicable to the middle of the term of the contract (a midterm review). (3) A service contract may also be reviewed at another time if the parties agree. (4) Each holder under a service contract must, for a midterm review, conduct a market based needs assessment for public passenger services of the relevant type for the contract area or route. (5) The chief executive may make, and distribute to holders, guidelines to which operators must have regard in conducting assessments under subsection (4). (6) The chief executive must take into account any relevant research done by the holder. (7) If, on a review, it is shown that the holder— (a) has taken all reasonable steps to fulfil the contract and actively promoted the use of public passenger transport; but (b) has not achieved the patronage levels agreed to by the chief executive and the holder; the chief executive may review the holder's minimum service levels or work with the holder to achieve increased patronage. (7A) On a review of an integrated mass transit service contract, the chief executive must take into account whether the holder is meeting the requirements of the holder's service contract. (8) If, after a review, the chief executive is of the opinion the holder's performance has been inadequate in a significant respect, the chief executive— (a) must notify the holder of the inadequacy; and (b) may require the holder to take specified steps to remedy the inadequacy. (9) If a holder fails to take the required steps to remedy the inadequacy within the time allowed by the chief executive, the chief executive may, by notice to the holder, terminate the service contract. (10) Compensation is not recoverable from anyone (including the chief executive and the State) for or in relation to the termination of the service contract under subsection (9). 47 Amendment, suspension or cancellation of service contracts for breach of service contracts (1) The chief executive may, by notice given to a holder, amend, suspend or cancel the holder's service contract if— (a) the holder contravenes a condition of the contract; or (b) the chief executive reasonably believes a contravention of the contract by the holder is imminent. (1A) However, the chief executive may not amend a holder's service contract to increase an amount payable to the chief executive for a breach of a key performance indicator. (2) Before taking action against a holder under subsection (1), the chief executive must give the holder written notice of the intended action, and allow the holder an opportunity to make written representations about the intended action within 10 working days. (3) The chief executive may, by notice given to a holder, immediately amend, suspend or cancel the holder's service contract if the chief executive reasonably believes that the holder is unable to provide any or all of the services required under the contract. (4) A holder may claim compensation from the State if the holder incurs a cost, damage or loss because of the amendment, suspension or cancellation of the holder's service contract under subsection (3). (5) Compensation or costs that may be recovered under subsection (4) may be claimed and ordered in a proceeding brought in a court having jurisdiction for the recovery of a debt in the amount claimed. (6) A court may order the payment of compensation only if it is satisfied— (a) there were no reasonable grounds for believing that the holder was unable to provide any or all of the services required under the contract; and (b) it is just to make the order in the circumstances of the particular case. (7) A regulation may prescribe matters that may, or must, be taken into account by the court when considering whether it is just to order compensation. (8) Subsection (4) has effect to the exclusion of any other remedy. (9) The amendment, suspension or cancellation of a service contract under this section is declared to be an excluded matter for the Corporations Act, section 5F in relation to the Corporations Act, section 440C. 47A Renewal of service contracts (1) Despite section 44(1), a service contract, other than an emergency service contract, may contain a provision giving the holder of the contract the option of renewing the contract for 1 further term only. (2) However, the option for renewal may not be exercised if the chief executive has given the holder a notice under subsection (3). (3) The chief executive may, for this section, decide that the holder's performance under the contract has been unsatisfactory and give the holder written notice of the decision and the reasons for it. (4) This section does not limit sections 62 and 62AAD. 48 Transfer or surrender of service contracts etc. (1) The holder of a service contract may, with the chief executive's approval— (a) transfer to another person all the holder's rights and liabilities in relation to providing future services under the contract; or (b) if the contract relates to more than 1 area, route or service, transfer to another person all the holder's rights and liabilities in relation to providing future services under the contract for 1 or more of the areas, routes or services; or (c) surrender the contract. (2) On the transfer of rights and liabilities under subsection (1), for all purposes of this Act— (a) the transferee becomes the holder of a new service contract consisting of the transferred rights and liabilities for the remaining period of the original contract; and (b) the transferor becomes the holder of a new service contract for the balance of the original rights and liabilities under the contract. Example— If an original service contract is for 2 school service routes, and 1 of the routes is transferred under this section, there are now 2 separate contracts for the purposes of an entitlement to a first opportunity to an offer for a new contract under section 62AC. Division 4 Emergency service contracts 48A Chief executive may enter into emergency service contract The chief executive may enter into a service contract if the chief executive is satisfied the contract is necessary as a matter of urgency— (a) to establish a public passenger service; or (b) to ensure the continuity of a public passenger service; or (c) to provide a public passenger service in an interim period while another service contract for the service is being offered or negotiated. 48B Entering into an emergency service contract (1) The chief executive may— (a) invite offers from the public or operators, in whatever way the chief executive considers appropriate, for an emergency service contract; and (b) decide the period within which offers must be made. (2) Despite subsection (1), the chief executive may enter into an emergency service contract without inviting offers for the contract if satisfied the contract is necessary to ensure the continuity of a public passenger service. 48C Term of emergency service contract (1) An emergency service contract is, despite section 44(1), for the term of not more than 2 years decided by the chief executive. (2) However, if the chief executive has entered into an emergency service contract without inviting