Queensland: Transport Operations (Road Use Management) Act 1995 (Qld)

Transport Operations (Road Use Management) Act 1995 An Act about road management and other purposes related to transport Chapter 1 Preliminary 1 Short title This Act may be cited as the Transport Operations (Road Use Management) Act 1995. 3 Objectives (1) The overall objectives of this Act are, consistent with the objectives of the Transport Planning and Coordination Act 1994, to— (a) provide for the effective and efficient management of road use in the State; and (b) provide a scheme for managing the use of the State's roads that will— (i) promote the effective and efficient movement of people, goods and services; and (ii) contribute to the strategic management of road infrastructure in ways consistent with the Transport Infrastructure Act 1994; and (iii) improve road safety and the environmental impact of road use in ways that contribute to overall transport effectiveness and efficiency; and (iv) support a reasonable level of community access and mobility in support of government social justice objectives; and (c) provide for the effective and efficient management of vehicle use in a public place. (2) This Act establishes a scheme to allow— (a) identification of vehicles, drivers and road users; and (b) establishment of performance standards for vehicles, drivers and road users; and (c) establishment of rules for on-road behaviour; and (d) monitoring of compliance with this Act, including by using alternative compliance schemes; and (e) management of non-performing vehicles, drivers and road users; and (f) control of access to the road network, or parts of the road network, for vehicles, drivers and road users; and (g) management of traffic to enhance safety and transport efficiency. (3) It is acknowledged that the objectives as stated in subsection (1), and the scheme as outlined in subsection (2), are limited in their application to heavy vehicles to the extent that the national scheme for facilitating and regulating the use of heavy vehicles on roads, having effect in Queensland as the Heavy Vehicle National Law (Queensland), applies to heavy vehicles in the place of this Act. 4 Achieving an appropriate balance between safety and cost (1) Although it may be possible to regulate to achieve the highest level of safety, doing so would ignore the impact of the regulation on the effectiveness and efficiency of road use. (2) Therefore, this Act acknowledges the need to achieve an appropriate balance between safety, and the costs that regulation imposes on road users and the community. 5 Definitions—the dictionary (1) A dictionary in schedule 4 defines particular words used in this Act. (2) Definitions found elsewhere in the Act are signposted in the dictionary. 6 Act binds everyone, including government entities (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 everyone, including every government entity. (3) However, a regulation may exempt a government entity from this Act or a provision of this Act. Chapter 2 Responsibilities for road use management strategies and programs Part 1 Road use management strategies 7 Development of strategies (1) The chief executive must, from time to time, develop for the Minister's approval a road use management strategy designed to give effect to the transport coordination plan in accordance with this Act's objectives. (2) In developing a road use management strategy, the chief executive must take reasonable steps to engage in public consultation. (3) The Minister may, at any time, direct the chief executive— (a) to prepare a new road use management strategy for the Minister's approval; or (b) to amend a road use management strategy. (4) The Minister may— (a) approve a road use management strategy submitted for approval; or (b) require the chief executive to amend a road use management strategy submitted for approval. 8 Contents of strategies (1) A road use management strategy must include— (a) a statement of the specific objectives to be achieved; and (b) road use management initiatives; and (c) criteria for deciding priorities for government spending on road use management initiatives; and (d) appropriate performance indicators for deciding whether, and to what extent, the strategy's objectives have been achieved. (2) A road use management strategy must aim to provide an adequate framework for coordinating and integrating road use management policies as between the different transport modes and levels of government. (3) A road use management strategy may also take into account agreements about transport between the State and the Commonwealth, a local government or another State. (4) If there is an integrated regional transport plan under the Transport Planning and Coordination Act 1994 for an area, a road use management strategy for the area must not be inconsistent with, and must give effect to, the plan. 9 Tabling of strategies The Minister must table a copy of each road use management strategy, and each amendment of a road use management strategy, approved by the Minister in the Legislative Assembly within 5 sitting days after it is approved. Part 2 Road use implementation programs 10 Development of programs (1) Before the start of each financial year, the chief executive must develop, for the Minister's approval, a road use implementation program for the year and for 1 or more later years. (2) A road use implementation program must include— (a) a statement of the policies, projects and financial provisions for implementing the road use management strategy; and (b) a statement of the performance targets to be achieved. (3) A road use implementation program may include a proposal to spend an amount not directly related to road use, if the proposal would contribute to the effectiveness and efficiency of road use management. (4) In developing a road use implementation program, the chief executive must take reasonable steps to engage in public consultation. (5) A road use implementation program must be made available to the public in the way decided by the Minister. (6) The Minister may, at any time, direct the chief executive to amend a road use implementation program. (7) The Minister may— (a) approve a road use implementation program submitted for approval; or (b) require the chief executive to amend a road use implementation program submitted for approval. 11 Consistency with strategies (1) Subject to the Minister's directions, a road use implementation program must be consistent with a road use management strategy. (2) If the Minister's directions result in a road use implementation program being inconsistent with a road use management strategy, the Minister must table a copy of the directions in the Legislative Assembly within 5 sitting days after they are given. 12 Report on operation of programs Each annual report of the department must include a report on the implementation of the road use implementation program during the year of the report. Part 3 Guidelines 13 Guidelines (1) This section applies to the Minister and chief executive in developing and implementing policies about road use management, and in exercising powers under this Act. (2) The Minister and chief executive must endeavour to— (a) achieve an appropriate balance between safety, and the costs that regulation imposes on road users and the community; and (b) establish the benefits and costs of policy alternatives; and (c) take account of national and international benchmarks and best practice; and (d) promote efficiency, affordable quality and cost-effectiveness; and (e) ensure competition is not unjustifiably restricted; and (f) ensure accountability for, and transparency of, decisions affecting road use. (3) Each annual report of the department must include a report on how effect has been given to this section during the year of the report. Part 4 Objectives 14 Objectives (1) The following objectives are, as far as practicable, to be applied by anyone wanting to encourage a high level of road user performance and compliance with this Act— (a) information about their obligations under this Act should be made available to road users; (b) voluntary compliance should be sought in preference to enforcement; (c) enforcement should be aimed primarily at deterring noncompliance by road users; (d) enforcement strategies should, accordingly, try to increase road users' perceptions of the risk of being detected if they offend; (e) measures aimed at encouraging compliance should— (i) target the road users who are least likely to comply with this Act; and (ii) try to avoid imposing costs on the road users who are likely to comply voluntarily; (f) appropriate alternative compliance schemes should be used as a way of demonstrating compliance. (2) Preventing the continued commission of offences and imposing appropriate penalties should be seen as objectives that support the other objectives in subsection (1). Chapter 3 Road user performance and compliance Part 1 Alternative compliance 15 Alternative ways of complying with Act (1) A person who operates a vehicle (an operator) may apply to the chief executive for approval of a scheme (an alternative compliance scheme) for an alternative way to comply with a provision of this Act that is prescribed under a regulation. (2) The regulation must prescribe the purpose of the prescribed provision. (3) An application for approval of an alternative compliance scheme must be in writing. (4) The chief executive may approve an alternative compliance scheme only if satisfied it provides an effective way of demonstrating the operator's vehicles, or drivers operating under it in Queensland, achieve the prescribed purpose. (5) The chief executive may approve the scheme by written notice to the operator. (6) The approval may be given on conditions stated in it and operates for the period stated in it. (7) The prescribed provision does not apply to the operator's vehicles or drivers as provided under the scheme while— (a) an approval is in force for the operator; and (b) the operator complies with the scheme, including the conditions of its approval. (8) In this section— interstate scheme means a scheme approved as an alternative compliance scheme under a corresponding law to this part. scheme includes an interstate scheme. vehicle means a private vehicle or a prescribed vehicle. 16 [Repealed] 17 [Repealed] Part 1A Approvals 17A Meaning of approval for pt 1A (1) This section applies for part 1A. (2) An approval includes an accreditation, administrative determination, certificate, consent, exemption, licence, permit and registration given or granted by the chief executive under this Act. (3) However, an approval does not include the following— (a) an approval under section 166; (b) a Queensland driver licence; (c) an authorised scheme under chapter 5, part 7A; (d) the authorisation, under chapter 5, part 7A, of a person to perform a role under an authorised scheme; (e) an exemption under section 153. (4) Despite subsection (3)(b), an approval includes an interlock exemption. 17B Granting, renewing or refusing approval (1) A regulation may provide for the granting or renewing of, or refusing to grant or renew, an approval, other than an approval for an alternative compliance scheme under section 15. (2) Without limiting subsection (1), a regulation may authorise the chief executive to refuse to grant or renew an approval prescribed under a regulation, other than a permit under section 111, if the applicant for or holder of an approval, or a relevant person for the applicant or holder within the meaning of section 17C(3), has been— (a) convicted of a disqualifying offence; or (b) charged with a disqualifying offence and the charge has not been finally disposed of. (3) In this section— grant includes issue or give. 17C Chief executive may obtain information from commissioner (1) This section applies if a regulation made under section 17B authorises the chief executive to grant or renew an approval. (2) The chief executive may ask the commissioner for a written report about the criminal history of any of the following persons— (a) the applicant for or holder of the approval; (b) a relevant person for the applicant for or holder of the approval. (3) For subsection (2)(b), a person is a relevant person for the applicant for or holder of an approval— (a) if the applicant or holder is a corporation and the person is an executive officer of the corporation; or (b) if the approval is an AIS approval and the person is a person who, under a regulation— (i) has been nominated by the applicant or holder to be a nominee for the applicant or holder; and (ii) has agreed to the nomination; or (c) if the approval is an approval as a registered service provider and the person is a person who, under a regulation— (i) has been nominated by the applicant or holder to sign declarations for the applicant or holder about another person's competency for riding a motorbike; and (ii) has agreed to the nomination. (4) For subsection (2), the chief executive's request may include the following information— (a) the person's name and any other name the chief executive believes the person may use or may have used; (b) the person's gender and date and place of birth; (c) details of the person's driver licence; (d) details of the person's application or approval. (5) If requested, the commissioner must give the chief executive a written report about the criminal history of a person mentioned in subsection (2)— (a) that is in the commissioner's possession; or (b) to which the commissioner ordinarily has access through arrangements with the police service of the Commonwealth or another State. (6) In this section— AIS approval means an approval granted under a regulation that authorises its holder to operate a station (whether fixed or mobile) at which— (a) vehicles may be inspected for compliance with vehicle standards under a regulation made under section 148; or (b) heavy vehicles may be inspected for compliance with heavy vehicle standards under the national regulations (HVNL). nominee, for an AIS approval, has the meaning given by a regulation made under section 148. registered service provider means a person registered under a regulation to provide training to, and assess the competency of, persons learning how to ride a motorbike or particular class of motorbike. 17D Notice of change in police information about a person (1) This section applies if— (a) the commissioner reasonably suspects that a person is— (i) the holder of an approval; or (ii) a relevant person for the holder of an approval within the meaning of section 17C(3); and (b) the person's criminal history changes. (2) The commissioner may notify the chief executive that the person's criminal history has changed. (3) The commissioner's notice to the chief executive must state the following— (a) the person's name and any other name the commissioner believes the person may use or may have used; (b) the person's gender and date and place of birth; (c) whether the change is— (i) a charge made against the person for an offence; or (ii) a conviction of the person; (d) details of the charge or conviction. 17E Chief executive may enter into arrangement about giving and receiving information with commissioner (1) This section applies only to the extent another provision of this Act allows the chief executive to give information to the commissioner or the commissioner to give information to the chief executive. (2) The chief executive and the commissioner may enter into a written arrangement by which the information is given or received. (3) Without limiting subsection (2), the arrangement may provide for the electronic transfer of information, including on a daily basis. (4) However, if information is to be electronically transferred and, under this Act, there is a limitation on who may access the information or the purposes for which the information may be used, the arrangement must provide for the limitation. 18 Grounds for amending, suspending or cancelling approvals (1) Each of the following is a ground for amending, suspending or cancelling an approval— (a) the approval was issued because of a document or representation that is— (i) false or misleading; or (ii) obtained or made in another improper way; (b) the holder of the approval has contravened a condition of the approval; (c) the holder of the approval, or any relevant person for the holder within the meaning of section 17C(3), has been convicted of— (i) an offence against— (A) this Act or a corresponding law; or (B) the Heavy Vehicle National Law or a law of another State that corresponds to a provision of the Heavy Vehicle National Law; or (ii) for the holder of an approval prescribed under a regulation, or a relevant person for the holder within the meaning of section 17C(3)—a disqualifying offence; (d) for the registration of a motor vehicle with a GVM of more than 4.5t—the vehicle has been used to commit an offence against— (i) this Act or a corresponding law; or (ii) the Heavy Vehicle National Law or a law of another State that corresponds to a provision of the Heavy Vehicle National Law; (e) for an approval of an alternative compliance scheme— (i) the scheme is not, or is no longer, an effective way of demonstrating the operator's vehicles or drivers operating under it in Queensland achieve the relevant purpose prescribed under section 15(2); or (ii) for an interstate scheme—the approval under a corresponding law to this chapter is amended, suspended or cancelled; (f) for a permit under section 111(1)(a)—the holder is no longer a person with a disability within the meaning of that section; (g) for an approval that exempts a person from complying with a provision of this Act— (i) public safety has been endangered, or is likely to be endangered because of the approval; or (ii) transport infrastructure within the meaning of the Transport Infrastructure Act 1994 has been damaged, or is likely to be damaged because of the approval; (h) for any approval other than an approval mentioned in paragraph (g)—public safety has been endangered, or is likely to be endangered, because of the approval; (i) for an approval that is a dangerous goods driver licence—the person to whom the licence is granted no longer satisfies the criteria, however described, under the regulation that provides for the licence; (k) for an approval prescribed under a dangerous goods regulation as an approval for this paragraph— (i) a change in circumstances has happened after the approval was granted; and (ii) had the changed circumstances existed when the approval was granted, the approval would not have been granted under the regulation because of the requirements under the regulation applying to the grant; (l) for an approval prescribed under a dangerous goods regulation as an approval for this paragraph—the holder has contravened this Act or a corresponding law and the contravention makes the holder unsuitable to continue to hold the approval; (m) for an approval that is a dangerous goods driver licence—the holder is suffering from a medical condition or has a physical or mental incapacity, that makes the holder unsuitable to continue to hold the licence; (n) for an approval that is a dangerous goods vehicle licence—the vehicle does not comply with this Act; (o) for an approval that is a repeat offender education program exemption— (i) a change in circumstances has happened after the exemption was granted and, had the changed circumstances existed when the exemption was granted, it would not have been granted because of the requirements under section 91H(1) applying to the grant; or (ii) the holder of the approval has failed to comply with section 91HD; (p) for an approval that is an interlock exemption—a change in circumstances has happened after the exemption was granted and, had the changed circumstances existed when the exemption was granted, it would not have been granted because of the requirements under section 91Q(3) applying to the grant; (q) for an approval that is an interlock exemption—the holder of the approval has failed to comply with a restriction applying to the approval; (r) the chief executive considers it necessary in the public interest; (s) any other ground prescribed by regulation. (2) In this section— change in circumstances— (a) for a person granted an interlock exemption because of circumstances mentioned in section 91Q(3)(a)—does not include the establishment of a prescribed interlock installer's place of business near the person's place of residence; or (b) for a person granted a repeat offender education program exemption because of circumstances mentioned in section 91H(2)(a)—does not include the establishment of a place where a repeat offender education program is provided near the person's place of residence. dangerous goods driver licence means a licence, as prescribed under a dangerous goods regulation, to drive a dangerous goods vehicle. dangerous goods vehicle licence means a licence, as prescribed under a dangerous goods regulation, of a dangerous goods vehicle. operator see section 15(1). repeat offender education program exemption means an exemption from the requirement to complete a repeat offender education program granted under section 91HA. 19 Procedure for amending, suspending or cancelling approvals (1) If the chief executive considers a ground exists to amend, suspend or cancel an approval, (the proposed action), the chief executive must give the holder written notice— (a) stating the proposed action; and (b) stating the ground for the proposed action; and (c) outlining the facts and circumstances forming the basis for the ground; and (d) if the proposed action is to amend the approval (including a condition of the approval)—stating the proposed amendment; and (e) if the proposed action is to suspend the approval—stating the proposed suspension period; and (f) inviting the holder to show (within a stated time of at least 28 days) why the proposed action should not be taken. (2) If, after considering all written representations made within the stated time, the chief executive still considers a ground exists to take the proposed action, the chief executive may— (a) if the proposed action was to amend the approval—amend the approval; or (b) if the proposed action was to suspend the approval—suspend the approval for no longer than the period stated in the notice; or (c) if the proposed action was to cancel the approval— (i) amend the approval; or (ii) suspend the approval for a period, including on the condition that— (A) if the grounds for taking action under this section are capable of being remedied by the holder, the holder remedy the grounds to the chief executive's reasonable satisfaction within a reasonable time before the suspension period ends; and (B) if the holder fails to remedy the grounds in accordance with subparagraph (A), the chief executive may cancel the approval under section 19A; or (iii) cancel the approval. (3) The chief executive must give the holder a written notice about the decision (subsection (3) notice). (4) The decision takes effect on the later of the following— (a) the day the subsection (3) notice is given to the holder; (b) the day stated in the subsection (3) notice. (5) However, despite subsection (1), if the chief executive considers it necessary in the public interest, the chief executive may, by written notice (immediate suspension notice) given to the holder, immediately suspend the approval until the earliest of the following— (a) the chief executive, after complying with subsections (1) and (2), gives the holder a subsection (3) notice; (b) the end of 56 days after the day the immediate suspension notice is given to the holder. (6) A subsection (3) notice, or an immediate suspension notice, must state— (a) the reasons for the decision for which the notice is given; and (b) the prescribed review information for the decision. (7) If a subsection (3) notice is given about a decision to suspend an approval on the condition mentioned in subsection (2)(c)(ii), the subsection (3) notice must also state that the approval may be cancelled under section 19A if the holder fails to comply with the condition. (8) Subsections (1) to (7) do not apply— (a) if the chief executive proposes to amend the approval only— (i) for a formal or clerical reason; or (ii) in another way that does not adversely affect the holder's interests; or (b) if the holder asks the chief executive to amend or cancel the approval and the chief executive proposes to give effect to the request. (9) The chief executive may amend or cancel an approval under subsection (8) by written notice given to the holder. 19A Cancelling suspended approval for failing to take remedial action (1) This section applies if the chief executive— (a) suspends an approval on the condition mentioned in section 19(2)(c)(ii); and (b) reasonably believes the holder has failed to comply with the condition. (2) The chief executive may by written notice given to the holder cancel the approval. (3) The notice must state— (a) the reasons for the decision to cancel the approval; and (b) the prescribed review information for the decision. (4) The cancellation takes effect on the later of the following— (a) the day the notice is given to the holder; (b) the day stated in the notice. 19B [Repealed] 19C Automatic suspension of particular licences under dangerous goods regulation (1) If the driver licence of the holder of a dangerous goods driver licence is no longer in force under this Act or a corresponding law, the dangerous goods driver licence is suspended. (2) If a dangerous goods vehicle is no longer registered under this Act or a corresponding law, the dangerous goods vehicle licence is suspended. (3) Section 19 does not apply to a suspension under this section. (4) In this section— dangerous goods driver licence means a licence, as prescribed under a dangerous goods regulation, to drive a dangerous goods vehicle. dangerous goods vehicle licence means a licence, as prescribed under a dangerous goods regulation, of a dangerous goods vehicle. driver licence does not include a dangerous goods driver licence. Part 1B Cancelling vehicle registration for offensive advertisements Division 1 Preliminary 19D Definitions for part In this part— advertising code means— (a) the document called the 'AANA Code of Ethics' published by the Australian Association of National Advertisers ACN 003 179 673, as in force from time to time; or (b) another document that— (i) states a code of ethics, or sets standards, for advertising; and (ii) is prescribed by regulation to be an advertising code. advertising code breach notice see section 19E(1)(b). advertising standards entity means the entity, prescribed by regulation, that manages the process for resolving complaints about advertising as part of the self-regulation of advertising. registration cancellation notice see section 19F(1). Division 2 Cancelling vehicle registration 19E Application of division (1) This division applies if— (a) the community panel determines that an advertisement on a registered vehicle breaches the advertising code; and (b) the advertising standards entity gives the chief executive a written notice (an advertising code breach notice) stating— (i) the details of the determination; and (ii) that the determination is final. (2) For subsection (1)(b)(ii), the determination is final if the period for asking for a review of the determination has ended and— (a) any of the following applies to each request for a review of the determination— (i) the request was not accepted because it did not meet the grounds on which a determination may be reviewed; (ii) the determination was confirmed; (iii) the review resulted in a determination that an advertisement on the vehicle breaches the advertising code; or (b) no request for a review of the determination was made. (3) In subsection (1)(a), a reference to a determination by the community panel includes a reference to a determination made by another entity as a result of a review of a determination of the community panel. (4) In this section— community panel means the entity, prescribed by regulation, that— (a) is appointed by the Advertising Standards entity; and (b) has the function of considering complaints about advertising made by members of the public to determine whether the advertising breaches the advertising code. 19F Registration cancellation notice (1) The chief executive may give the registered operator of the vehicle a written notice (a registration cancellation notice) stating that— (a) the advertising standards entity has given an advertising code breach notice for the vehicle to the chief executive; and (b) the vehicle's registration will be cancelled on a stated day unless the advertising standards entity withdraws its advertising code breach notice before that day. (2) The day stated in the registration cancellation notice must be at least 14 days after the notice is given to the registered operator. (3) The chief executive may, by written notice given to the registered operator, state a later day on which the vehicle's registration will be cancelled. 19G Advertising standards entity withdraws advertising code breach notice (1) This section applies if— (a) the chief executive gives a registration cancellation notice to the registered operator of the vehicle; and (b) the advertising standards entity gives a written notice to the chief executive, before the chief executive cancels the vehicle's registration under section 19H, withdrawing its advertising code breach notice. (2) The chief executive must— (a) take no further action under this division to cancel the registration of the vehicle; and (b) give a written notice to the registered operator of the vehicle stating that— (i) the advertising code breach notice has been withdrawn; and (ii) no further action will be taken to cancel the registration of the vehicle. 19H Cancellation of registration (1) The chief executive may cancel the vehicle's registration, on or after the cancellation day, if the advertising standards entity has not given the chief executive a written notice withdrawing the advertising code breach notice for the vehicle. (2) The chief executive must give the registered operator of the vehicle written notice of the cancellation. (3) If the chief executive decides not to cancel the vehicle's registration, the chief executive must give written notice that no further action will be taken to cancel the registration of the vehicle to the registered operator. (4) In this section— cancellation day means the day stated in a registration cancellation notice given under section 19F(1), or a later day stated in a notice given under section 19F(3), as the day on which the vehicle's registration will be cancelled. 19I Requirement to return number plates (1) The notice of the cancellation of the vehicle's registration under section 19H(2) must require the registered operator to return to the chief executive the number plates issued for the vehicle, within 14 days after the notice is given. (2) The registered operator must comply with the requirement under subsection (1). Maximum penalty—20 penalty units. (3) However, if a number plate has been lost, stolen or destroyed, the registered operator does not contravene subsection (2) if the registered operator, by written notice, gives details of the loss, theft or destruction to the chief executive within the period mentioned in subsection (1). Division 3 Matters after vehicle registration is cancelled 19J Application of division This division applies if— (a) the chief executive— (i) gives a registration cancellation notice for a vehicle to the registered operator; and (ii) does not give the registered operator a notice that no further action will be taken to cancel the vehicle's registration under section 19G(2)(b) or 19H(3); and (b) after the registration cancellation notice is given, the registration of the vehicle is cancelled, whether under section 19H or otherwise. 19K No refund of registration fee The registered operator of the vehicle is not entitled to a refund of the registration fee, or part of the fee, paid for the vehicle because of the cancellation. 19L Applying for registration after registration cancelled (1) An application made under a regulation for the registration of the vehicle must be accompanied by a statutory declaration by the applicant stating that the advertisement the subject of the registration cancellation notice has been removed from the vehicle. (2) The chief executive must refuse to accept the application for registration unless it is accompanied by the statutory declaration. Division 4 General 19M No transfer of registration The chief executive must not record a transfer of the registration of a vehicle if— (a) a registration cancellation notice for the vehicle has been given to the registered operator; and (b) the chief executive has not given the registered operator a notice that no further action will be taken to cancel the vehicle's registration under section 19G(2)(b) or 19H(3). 19N Limitation of review (1) This section applies to each of the following decisions of the chief executive— (a) a decision to give a registration cancellation notice under section 19F(1); (b) a decision to cancel, or not to cancel, the registration of a vehicle under section 19H. (2) The Judicial Review Act 1991, part 4 does not apply to the decision. (3) Subject to subsection (4), the decision— (a) is final and conclusive; and (b) can not be challenged, appealed against, reviewed, quashed, set aside or called in question in any other way, under the Judicial Review Act 1991 or otherwise (whether by the Supreme Court, another court, a tribunal or another entity); and (c) is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground. (4) The Judicial Review Act 1991, part 5 applies to the decision to the extent the decision is affected by jurisdictional error. (5) In this section— decision includes a decision or conduct leading up to or forming part of the process of making a decision. 19O Notices given by electronic communication The chief executive may give a notice to the registered operator of a vehicle under this part by electronic communication to an electronic address of the registered operator if the operator— (a) gave the address to the chief executive for the purpose of communicating with the registered operator (whether or not it was given for use under this part); and (b) has not asked the chief executive (orally or in writing) to discontinue use of the address. Examples of an electronic address— an email address or mobile phone number Part 2 Authorised officers and accredited persons 20 Appointment of authorised officers (1) Every police officer is an authorised officer. (2) The chief executive may appoint any of the following persons to be an authorised officer— (a) officers and employees of the public service; (aa) an employee of the National Heavy Vehicle Regulator; (b) other persons prescribed under a regulation. (3) The chief executive may appoint a person as an authorised officer only if satisfied the person has the necessary expertise to be an authorised officer. (4) A provision of part 3 that corresponds to a provision of the Police Powers and Responsibilities Act 2000 does not apply to an authorised officer who is a police officer. 21 Appointment of accredited persons (1) The chief executive may appoint a person to be an accredited person to perform functions prescribed under a regulation only if satisfied the person has the necessary expertise to be an accredited person to perform the functions. (2) A regulation may provide for accreditation documents for accredited persons. 22 Powers (1) An authorised officer or accredited person— (a) has the powers given under this or another Act; and (b) is subject to the directions of the chief executive or commissioner in exercising the powers. (2) The powers may be limited— (a) under a regulation; or (b) under a condition of appointment; or (c) by written notice given by the chief executive or commissioner to the authorised officer or accredited person. 23 Appointment conditions (1) An authorised officer or accredited person holds office on the conditions stated in the instrument of appointment. (2) An authorised officer or accredited person— (a) if the appointment provides for a term of appointment—ceases holding office at the end of the term; and (b) if the conditions of appointment provide—ceases holding office on ceasing to hold another office stated in the appointment conditions (the main office); and (c) may resign by signed notice given to the chief executive or commissioner. (3) However, an authorised officer or accredited person may not resign from the office under this Act (the secondary office) if a term of employment to the main office requires the officer or person to hold the secondary office. 24 Identity cards (1) This section does not apply to an authorised officer who is a police officer. (2) The chief executive must give each authorised officer an identity card. (3) The identity card must— (a) contain a recent photo of the person; and (b) be signed by the person; and (c) identify the person as an authorised officer; and (d) state an expiry date. (4) A person who stops being an authorised officer must return the person's identity card to the chief executive as soon as practicable (but within 21 days) after the person stops being an authorised officer, unless the person has a reasonable excuse. Maximum penalty—20 penalty units. (5) This section does not prevent the giving of a single identity card to a person for this and other Acts. 25 Production or display of identity cards (1) This section does not apply to a police officer. (2) An authorised officer may exercise a power in relation to a person only if— (a) the officer first produces the officer's identity card for the other person's inspection; or (b) the officer has the officer's identity card displayed so it is clearly visible to the person. (3) However, if for any reason it is not practicable to comply with subsection (2) before exercising the power, the officer must produce the identity card as soon as it is practicable. Part 3 Powers of authorised officers and other persons Division 1 Powers for places 26 Entry to places (1) An authorised officer may enter a place if— (a) its occupier consents to the entry; or (b) the entry is authorised by a warrant; or (c) it is mentioned in a licence or other document prescribed under a regulation as a place of business, or another place, required to be open to inspection and the entry is made when the place is— (i) open for the conduct of business or otherwise open for entry; or (ii) required under the licence or document to be open for inspection; or (d) for a place other than in a dwelling house— (i) the officer reasonably believes— (A) a vehicle is for sale in the place; and (B) the place is open for entry to anyone interested in purchasing the vehicle; and (ii) the entry is made between sunrise and sunset; or (e) the officer reasonably believes a dangerous situation exists in the place and it is necessary for the officer to enter it to take action under section 161N to prevent the danger. (2) An authorised officer, without the occupier's consent or a warrant, may— (a) enter a public place when the place is open to the public; or (b) enter the land around premises to ask its occupier for consent to enter the premises. 26A Further power to enter place of business in relation to prescribed dangerous goods vehicle (1) Without limiting section 26 but subject to section 26B, an authorised officer may enter a place of business of a person involved in the transport of dangerous goods at any time during the usual business hours of the business— (a) without the occupier's consent or a warrant; and (b) whether or not the place is actually being used at that time for carrying on the business; if the authorised officer has— (c) the suspicion mentioned in subsection (2); or (d) the belief and suspicion mentioned in subsection (3). (2) For subsection (1)(c), the authorised officer must reasonably suspect that there may be at the place— (a) a document relating to the transport of dangerous goods or a prescribed dangerous goods vehicle, that is required to be kept under a transport Act or alternative compliance scheme; or (b) a device relating to the transport of dangerous goods or a prescribed dangerous goods vehicle, that is required to be installed, used or maintained under a transport Act or alternative compliance scheme. (3) For subsection (1)(d), the authorised officer— (a) must reasonably believe that there may be at the place evidence of an offence, relating to the transport of dangerous goods or a prescribed dangerous goods vehicle, against a transport Act; and (b) must reasonably suspect the evidence may be concealed or destroyed unless the place is immediately entered and searched. (4) This section does not authorise an authorised officer, without the occupier's consent or a warrant, to enter— (a) a place that is apparently unattended, unless the officer reasonably believes the place is attended; or (b) a place, or any part of a place, used predominantly for residential purposes. (5) For subsection (4)(b), a place or part of a place is not used predominantly for residential purposes if it is used merely for temporary or casual sleeping or other accommodation for drivers of vehicles. (6) The authorised officer may open unlocked doors and other unlocked panels and things at the place for gaining entry to the place under subsection (1). (7) This section does not authorise an authorised officer to use force for exercising a power under this section. (8) In this section— place of business, of a person involved in the transport of dangerous goods, means a place— (a) at or from which the person carries on a business; or (b) that is occupied by the person in connection with a business carried on by the person. transport Act does not include the Queensland Road Rules. 26B Further power to enter particular places if incident involving death, injury or damage (1) Without limiting section 26, an authorised officer, without the occupier's consent or a warrant, may enter a place at any time if the officer reasonably believes— (a) an incident involving the death of, or injury to, a person or damage to property involves or may have involved any of the following— (i) a prescribed dangerous goods vehicle; (ii) the transport of dangerous goods; and (b) the incident may have involved an offence against a transport Act; and (c) there is a connection between the place and the prescribed dangerous goods vehicle or the transport of dangerous goods; and (d) there may be at the place evidence of the offence mentioned in paragraph (b) that may be concealed or destroyed unless the place is immediately entered and searched. (2) However, if the authorised officer is not a police officer, the authorised officer may enter the place only if the entry is authorised by a police officer of at least the rank of inspector. (3) For subsection (1), there is a connection between a place and a prescribed dangerous goods vehicle if— (a) the place is the vehicle's garage address; or (b) the vehicle is, or within the past 72 hours has been, located at the place; or (c) the place is, or may be, otherwise directly or indirectly connected with the vehicle or any part of its equipment or load. (3A) For subsection (1), there is a connection between a place and the transport of dangerous goods if— (a) dangerous goods were transported to or from the place within the period of 72 hours before the proposed entry to the place; or (b) the place is, or may be, otherwise directly or indirectly connected with the dangerous goods. (4) Section 26A(4) to (7) applies to the entry to a place by an authorised officer under this section. (5) In this section— transport Act does not include the Queensland Road Rules. 27 Consent to entry (1) This section applies if an authorised officer intends to ask an occupier of a place to consent to the officer or another officer entering the place. (2) Before asking for the consent, the officer must inform the occupier— (a) of the purpose of the entry; and (b) that the occupier is not required to consent. (3) If the consent is given, the officer may ask the occupier to sign an acknowledgement of the consent. (4) The acknowledgement must state— (a) the purpose of the entry, including the powers intended to be exercised to achieve the purpose of the entry; and (b) that the following have been explained to the occupier— (i) the purpose of the entry, including the powers intended to be exercised to achieve the purpose of the entry; (ii) that the occupier is not required to consent; and (c) that the occupier gives the authorised officer or another authorised officer consent to enter the place and exercise the powers; and (d) the time and day the consent was given; and (e) any conditions of the consent. (5) If the occupier signs an acknowledgement of consent, the officer must immediately give a copy to the occupier. (6) Subsection (7) applies to a court if— (a) a question arises, in a proceeding in or before the court, whether the occupier of a place consented to an authorised officer entering the place under this Act; and (b) an acknowledgement under this section is not produced in evidence for the entry; and (c) it is not proved that the occupier consented to the entry. (7) The court may presume that the occupier did not consent. 28 Warrants to enter (1) An authorised officer may apply to a magistrate for a warrant to enter a place. (2) The application must be sworn and state the grounds on which the warrant is sought. (3) The magistrate may refuse to consider the application until the officer gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. Example— The magistrate may require additional information supporting the application to be given by statutory declaration. (4) The magistrate may issue a warrant if satisfied there are reasonable grounds for suspecting— (a) there is a particular thing or activity (the evidence) that may provide evidence of an offence against a transport Act; and (b) the evidence is, or may be within the next 7 days, at the place. (4A) The magistrate may also issue a warrant if the magistrate is satisfied that— (a) either of the following apply in relation to a particular place— (i) a vehicle that has been or may have been involved in a dangerous situation is or has been located at the place; or (ii) the place is or may be otherwise connected, directly or indirectly, with a vehicle that has been or may have been involved in a dangerous situation; and (b) there is evidence at the place (including for paragraph (a)(i), the vehicle itself) that is relevant to the exercise of powers under this Act relating to dangerous situations. (5) The warrant must state— (a) that an authorised officer may, with necessary and reasonable help and force, enter the place and exercise the officer's powers under this Act; and (b) the offence for which the warrant is sought; and (c) the evidence that may be seized under the warrant; and (d) the hours when the place may be entered; and (e) the date, within 7 days after the warrant's issue, the warrant ends. (6) In this section— transport Act does not include the Tow Truck Act 2023. 29 Warrants—applications made other than in person (1) An authorised officer may apply for a warrant by phone, fax, radio or another form of communication if the officer considers it necessary because of— (a) urgent circumstances; or (b) other special circumstances, including, for example, the officer's remote location. (2) Before applying for the warrant, the officer must prepare an application stating the grounds on which the warrant is sought. (3) The officer may apply for the warrant before the application is sworn. (4) After issuing the warrant, the magistrate must immediately fax a copy to the officer if it is reasonably practicable to fax a copy. (5) If it is not reasonably practicable to fax a copy to the officer— (a) the magistrate must— (i) tell the officer what the terms of the warrant are; and (ii) tell the officer the date and time the warrant was issued; and (b) the officer must complete a form of warrant (warrant form) and write on it— (i) the magistrate's name; and (ii) the date and time the magistrate issued the warrant; and (iii) the warrant's terms. (6) The facsimile warrant, or the warrant form properly completed by the officer, authorises the entry and the exercise of the other powers stated in the warrant issued by the magistrate. (7) The officer must, at the first reasonable opportunity, send the magistrate— (a) the sworn application; and (b) if the officer completed a warrant form—the completed warrant form. (8) On receiving the documents, the magistrate must attach them to the warrant. (9) Subsection (10) applies to a court if— (a) a question arises, in a proceeding in or before the court, whether a power exercised by an authorised officer was not authorised by a warrant issued under this section; and (b) the warrant is not produced in evidence. (10) The court must presume that the exercise of the power was not authorised by a warrant issued under this section, unless the contrary is proved. 29A Post-entry approval (1) As soon as reasonably practicable after exercising evidence preservation powers, an authorised officer must apply in writing to a magistrate for an order approving the exercise of the powers (post-entry approval order). (2) The application must be sworn and state the grounds on which it is sought. (3) The authorised officer need not appear at the consideration of the application, unless the magistrate otherwise requires. (4) The magistrate may refuse to consider the application until the authorised officer gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. Example— The magistrate may require additional information supporting the application to be given by statutory declaration. 29B Making of post-entry approval order A magistrate may make a post-entry approval order only if satisfied— (a) in the circumstances existing before the exercise of the evidence preservation powers for which the order is sought— (i) the authorised officer, before exercising the powers, had the required suspicion or belief for exercising them; and (ii) there was a reasonable likelihood that the evidence for which the powers were exercised would be concealed or destroyed; or (b) having regard to the nature of the evidence found during the exercise of the powers, it is in the public interest to make the order. 29C Appeal (1) Within 28 days after a magistrate refuses to make a post-entry approval order (the appeal period), the chief executive may appeal against the magistrate's order to the Supreme Court. (2) If the chief executive appeals, the chief executive must retain any seized thing until the appeal is decided. (3) If the chief executive does not appeal, the chief executive must, immediately the appeal period ends, return any seized thing to the person from whom it was seized. (4) In this section— seized thing means a thing seized by an authorised officer in the exercise of the evidence preservation powers for which the post-entry approval order was sought. 30 General powers after entering places (1) This section applies to an authorised officer if— (a) the authorised officer enters a place under section 26(1); or (b) the authorised officer is also an authorised officer under the Heavy Vehicle National Law (Queensland) and enters a place under that Law. (2) The officer may, for monitoring or enforcing compliance with this Act— (a) search any part of the place; or (b) inspect, measure, weigh, test, photograph or film the place or anything in the place; or (c) take samples of anything in the place; or (d) copy, or take an extract from, a document in the place; or (e) take the persons, equipment and materials the officer reasonably requires for exercising a power under this Act into the place; or (f) require a person in the place to give the officer reasonable help to exercise the powers mentioned in paragraphs (a) to (e). Examples of requirements under paragraph (f)— • a requirement to operate equipment or facilities • a requirement to give access, free of charge, to photocopying equipment (3) A person must comply with a requirement under subsection (2)(f), unless the person has a reasonable excuse. Maximum penalty—60 penalty units. (4) A requirement under subsection (2)(f) does not include— (a) a requirement to produce a document or give information; or (b) a requirement to help the authorised officer find and gain access to a document or information. Note— See sections 49, 49A and 50AB for powers about requiring or directing a person to produce a document, provide information or help an authorised officer find and gain access to a document or information. (5) Subsection (6) applies for the exercise of a power under subsection (2) by an authorised officer, in relation to a heavy vehicle, the transport of dangerous goods or a prescribed dangerous goods vehicle to decide if anything found at the place may be seized under division 3. (6) The authorised officer may move the thing to another place if— (a) it is not practicable to exercise the power in relation to the thing at the place where it is found; or (b) the occupier of the place where it is found consents in writing. (7) If the power to enter arose only because an occupier of the place consented to the entry under this Act or under the Heavy Vehicle National Law (Queensland), the authorised officer's powers under subsection (2) are subject to any conditions of the consent and end if the consent is withdrawn. (8) If the power to enter arose only because the entry was authorised under a warrant obtained under this Act or under the Heavy Vehicle National Law (Queensland), the authorised officer's powers under subsection (2) are subject to the terms of the warrant. 30A Further powers after entering place under s 26A or 26B (1) This section applies to an authorised officer who enters a place under section 26A or 26B. (2) If the authorised officer enters the place because the authorised officer has the suspicion mentioned in section 26A(2), the authorised officer may do either or both of the following— (a) inspect— (i) a document that is required to be kept under a transport Act or an alternative compliance scheme; or (ii) a device that is required to be installed, used or maintained under a transport Act or an alternative compliance scheme; (b) copy, or take an extract from, any or all of the following that are at the place— (i) a document mentioned in paragraph (a)(i); (ii) a readout or other data obtained from a device mentioned in paragraph (a)(ii). (3) Subsection (4) applies if the authorised officer enters the place to obtain evidence of an offence against a transport Act because— (a) the authorised officer has the belief and suspicion mentioned in section 26A(3) in relation to the evidence; or (b) the authorised officer has the belief mentioned in section 26B(1) in relation to the evidence. (4) The authorised officer may, for obtaining evidence of an offence against a transport Act, do any or all of the following— (a) search any part of the place; (b) inspect anything in the place, including, for example, dangerous goods or packaging at the place; (c) copy, or take an extract from, any or all of the following in the place— (i) a document mentioned in subsection (2)(a)(i); (ii) transport documentation; (iii) a document, or a readout or other data obtained from anything, that the authorised officer reasonably believes provides, or on further inspection may provide, evidence of the offence. (5) For exercising a power under subsection (2)(b) or (4)(c), the authorised officer may use photocopying equipment in the place free of charge. (6) Also, for exercising a power under subsection (2) or (4), the authorised officer may— (a) take the persons, equipment and materials the authorised officer reasonably requires for exercising the power into the place; or (b) if the exercising of the power is because of a suspicion mentioned in section 26A(2) or a belief and suspicion mentioned in section 26A(3)—require a person involved in the transport of dangerous goods in relation to which the power is to be exercised to give the authorised officer reasonable help to exercise the power, whether or not the person is in or at the place. (7) A person must comply with a requirement made under subsection (6)(b), unless the person has a reasonable excuse. Maximum penalty—60 penalty units. (8) A requirement under subsection (6)(b) does not include— (a) a requirement to produce a document or give information; or (b) a requirement to help the authorised officer find and gain access to a document or information. Note— See sections 49, 49A and 50AB for powers about requiring or directing a person to produce a document, provide information or help an authorised officer find and gain access to a document or information. (9) Subsection (10) applies for the exercise of a power by an authorised officer under subsection (4) to decide if anything found at the place may be seized under division 3. (10) The authorised officer may move the thing to another place if— (a) it is not practicable to exercise the power in relation to the thing at the place where it is found; or (b) the occupier of the place where it is found consents in writing. (11) In this section— transport Act does not include the Queensland Road Rules. 30B Using equipment for exercising power (1) This section applies for the exercise of a power under section 30 or 30A in relation to a thing found in a place entered under this Act. (2) An authorised officer, or a person helping the authorised officer, may operate available equipment if the authorised officer or person reasonably believes— (a) the available equipment is suitable for exercising the power; and (b) the power can be exercised without damaging the available equipment or the thing. (3) In this section— available equipment, for exercising a power in relation to a thing— (a) means equipment that is— (i) in or at the place in which the thing is found; or (ii) taken onto the place under section 30(2)(e) or 30