Chapter 6Miscellaneous#

Part 1Court orders#

Division 1Preliminary#

163FDefinitions for pt 1#

In this part— convicts, a person, includes finds a person guilty, and accepts a plea of guilty from a person, whether or not a conviction is recorded.

dangerous goods vehicle offence means an offence against a transport Act in relation to a dangerous goods vehicle.

road compensation order see section 164AB(1).

transport Act, other than in section 164, does not include the Queensland Road Rules.

Division 2#

Court orders for payment#

164Court orders for payment#

(1)If—
(a)a court convicts a person of an offence against a transport Act; and
(b)the person owes fees in relation to the offence;
the court may, in addition to or instead of imposing a penalty, order the person to pay an amount of not more than double the amount of the fees.
(2)If—
(a)a court convicts a person of an offence against a transport Act; and
(b)in committing the offence, the person caused damage to road transport infrastructure, including, for example, accelerated wear of road pavements or structures through overloading;
the court may, in addition to imposing a penalty, order the person to pay an amount of not more than the cost of the damage.
(3)Subsection (2) does not apply in relation to a dangerous goods vehicle offence.

Division 3#

Road compensation order#

164AADefinition for div 3#

In this division—

responsible entity: responsible entity means— (a) in relation to a State-controlled road under the Transport Infrastructure Act 1994—the chief executive; or (b) in relation to a road under the control of a local government—the local government.

164ABRoad compensation order#

(1)If a court convicts a person of a dangerous goods vehicle offence, the court may make an order (road compensation order) requiring the offender to pay to the responsible entity an amount by way of compensation for damage caused to any road infrastructure as a consequence of the commission of the offence.
(2)The road compensation order may be made on application by the prosecutor and is in addition to any other penalty imposed for the offence.
(3)The court may make the road compensation order if satisfied on the balance of probabilities that the commission of the offence caused or contributed to the damage.
(4)The road compensation order may be made when the court convicts the person of the dangerous goods vehicle offence or at any time afterwards, but not later than the period within which a prosecution for the offence could have been started.

164ACAssessment of compensation#

(1)In making the road compensation order, the court may assess the amount of compensation, or any other matter relevant to the assessment.
(2)In assessing the amount of compensation, the court may take into account the matters it considers relevant, including all or any of the following—
(a)any evidence adduced in connection with the prosecution of the offence;
(b)any evidence not adduced in connection with the prosecution of the offence but adduced in connection with the making of the proposed order;
(c)any certificate of the responsible entity stating that the responsible entity maintains the relevant road;
(d)any other certificate of the responsible entity, including, for example, a certificate—
(i)estimating the monetary value of all or any part of the road infrastructure or of the damage to it; or
(ii)estimating the cost of remedying the damage; or
(iii)estimating the extent of the offender’s contribution to the damage.

164ADCopy of certificate to be given to defendant#

(1)If the responsible entity proposes to use a certificate mentioned in section 164AC(2) in proceedings, the responsible entity must give a copy of the certificate to the defendant at least 28 business days before the day fixed for the hearing of the matter.
(2)The certificate can not be used in the proceedings unless a copy of the certificate has been given to the defendant under subsection (1).
(3)If the defendant intends to challenge a statement in the certificate, the defendant must give the responsible entity notice in writing of the intention to challenge (the notice of intention to challenge), stating the matters in the certificate that are intended to be challenged.
(4)The defendant must give the notice of intention to challenge to the responsible entity at least 14 business days before the day fixed for the hearing.
(5)If the defendant intends to challenge the accuracy of any measurement, analysis or reading in the certificate, the notice of intention to challenge must state—
(a)the reason why the defendant alleges the measurement, analysis or reading is inaccurate; and
(b)the measurement, analysis or reading the defendant considers to be correct.
(6)The defendant can not challenge any matter in the certificate if the defendant has not complied with subsections (3) to (5), unless the court gives leave to do so in the interests of justice.

164AELimits on amount of compensation#

(1)If, in making the road compensation order, the court is satisfied that—
(a)the commission of the dangerous goods vehicle offence contributed to the damage the subject of the order; but
(b)other factors not connected with the commission of the offence also contributed to the damage;
the court must limit the amount of the compensation payable by the offender to the amount the court assesses as being the offender’s contribution to the damage.
(2)The maximum amount of compensation can not exceed the monetary limit to the court’s jurisdiction in civil proceedings.
(3)The court may not include in the road compensation order any amount for— personal injury or death; or

personal injury or death; or loss of income, whether sustained by the State or any other entity; or damage to any property, including a vehicle, that is not part of the road infrastructure.

164AFCosts#

The court has the same power to award costs in relation to the proceedings for the road compensation order as it has under the Uniform Civil Procedure Rules 1999 in relation to civil proceedings, and those rules apply with any necessary changes to the proceedings for the road compensation order.

164AGEnforcement of compensation order and costs#

The road compensation order, and any award of costs, are enforceable as if they were a judgment of the court in civil proceedings.

164AHRelationship with orders or awards of other courts and tribunals#

(1)A road compensation order may not be made if another court or tribunal has awarded compensatory damages or compensation in civil proceedings in relation to the damage the subject of the order based on the same or similar facts.
(2)If a court purports to make a road compensation order in the circumstances mentioned in subsection (1)—
(a)the order is void to the extent it covers the same matters as those covered by the other award; and
(b)any payment made under the order to the extent to which it is void must be repaid by the responsible entity.
(3)The making of a road compensation order does not prevent another court or tribunal from afterwards awarding damages or compensation in civil proceedings in relation to the damage the subject of the order based on the same or similar facts, but the court or tribunal must take the order into account when awarding damages or compensation.
(4)Nothing in this division affects or limits any liability to pay compensation under the Transport Infrastructure Act 1994, section 48 other than as provided by this section.

Division 4Commercial benefits penalty order#

164ACommercial benefits penalty order#

(1)If a court convicts a person of an offence against a transport Act in relation to a prescribed dangerous goods vehicle or the transport of dangerous goods, the court may, on application by the prosecutor, and in addition to imposing any other penalty for the offence, make a commercial benefits penalty order under this section.
(2)The commercial benefits penalty order may require the person to pay, as a fine, an amount not exceeding 3 times the amount estimated by the court to be the gross commercial benefit—
(a)received or receivable, by the person or by an associate of the person, from the commission of the offence; and
(b)for a journey that was interrupted or not commenced because of action taken by an authorised officer in connection with the commission of the offence—that would have been received or receivable, by the person or by an associate of the person, from the commission of the offence had the journey been completed.
(3)In estimating the gross commercial benefit, the court may take into account—
(a)benefits of any kind, whether or not monetary; and
(b)any other matters it considers relevant, including, for example—
(i)the value of any goods involved in the offence; and
(ii)the distance over which the goods were, or were to be, carried.
(4)However, in estimating the gross commercial benefit, the court must disregard any costs, expenses or liabilities incurred by the person or by an associate of the person.
(5)Nothing in this section prevents the court from ordering payment of an amount that is—
(a)less than 3 times the estimated gross commercial benefit; or
(b)less than the estimated gross commercial benefit.
(6)For this section, a person is an associate of another if—
(a)one is a spouse, parent, brother, sister or child of the other; or
(b)they are members of the same household; or
(c)they are partners; or
(d)they are both trustees or beneficiaries of the same trust, or one is a trustee and the other is a beneficiary of the same trust; or
(e)one is a body corporate and the other is a director or member of the governing body of the body corporate; or
(f)one is a body corporate (other than a public company whose shares are listed on a stock exchange) and the other is a shareholder in the body corporate; or
(g)they are related bodies corporate within the meaning of the Corporations Act; or
(h)a chain of relationships can be traced between them under any one or more of the above paragraphs.
(7)In this section—

beneficiary: of a trust, includes an object of a discretionary trust.
body corporate: includes—
(a): the State, another State or the Commonwealth; and
(b): an entity other than an individual.
transport Act: does not include the Queensland Road Rules.

Division 5Orders and directions for disclosure of personal information#

164BRestriction on orders and directions requiring disclosure of personal information#

(1)This section applies in relation to a proceeding in a court or tribunal that involves recovery of a private car park fee in relation to the parking of a vehicle on private car park land.
(2)The court or tribunal may not, for the purpose of ascertaining personal information about the current or a previous registered operator of the vehicle, make an order or give a direction requiring a person to disclose personal information about the operator to the court, the tribunal or another person.
(3)In this section—

personal information: about the current or a previous registered operator of a vehicle, means—
(a): the operator’s name, address, email address, postal address or telephone number; or
(b): any other information about the operator if the operator’s identity is apparent, or can reasonably be ascertained, from the information.
private car park fee: means an amount claimed under, or in relation to, a contract, arrangement or understanding relating to the parking of a vehicle on private car park land; but

Examples for paragraph (a)— a fee payable for parking a vehicle a penalty for not complying with terms and conditions of entry for parking a vehicle compensation or damages claimed in relation to failure to pay a fee for parking a vehicle

(b)does not include an amount claimed under, or in relation to, a contract that is in writing and signed by the parties to the contract.

private car park land—

(a)means land, or a road over land, if the occupier of the land—
(i)may lawfully exclude other persons from the land; and
(ii)allows another person to park a vehicle on the land under a contract, arrangement or understanding; but
(b)does not include land—
(i)controlled by the Commonwealth; or
(ii)controlled by the State; or
(iii)controlled by a local government; or
(iv)over which the chief executive or a local government may, for chapter 5, part 6, exercise control under an arrangement mentioned in section 104(2).

Part 2Other provisions#

165Special provision for serving documents#

(1)A document about a vehicle may be given to the vehicle’s owner or registered operator under a transport Act by securely fixing the document to a part of the vehicle in a way that a driver of the vehicle is likely to notice the document.

(2)This section does not affect—
(a)the operation of another law that permits service of a document other than as provided in this section; or
(b)the power of a court or tribunal to authorise service of a document other than as provided in this section.

166Official traffic sign approvals#

(1)The chief executive may approve the design of, and a method, standard or procedure about, an official traffic sign.
(2)The approved design, method, standard or procedure must be contained in the MUTCD or an approved notice.
(3)The MUTCD or approval notice must be available for purchase or inspection by the public at the department’s head office or the other offices of the department that the chief executive directs.

167Protection from liability#

(1)In this section—

official: means—

(a)the Minister; and
(b)the chief executive; and
(c)the commissioner; and
(d)an authorised officer; and
(e)an accredited person; and
(ea)a relevant emergency service officer; and
(f)a person acting under the direction or authorisation of an authorised officer or a relevant emergency service officer; and
(g)an employee of the department of the police service; and
(h)a health care professional under section 80 acting under that section; and
(i)the chief executive officer, or an officer or employee, of a local government.

(2)An official is not civilly liable for an act done, or omission made, honestly and without negligence under a transport Act.
(3)If subsection (2) prevents civil liability attaching to an official, the liability attaches instead to—
(a)for a person mentioned in subsection (1)(a) to (h)—the State; or
(b)for a person mentioned in subsection (1)(i)—the local government.

168Effect of failure to comply with ch 2#

(1)It is Parliament’s intention that chapter 2 be complied with.
(2)However—
(a)chapter 2 is directory only and does not create rights or impose legally enforceable obligations on the State, Minister, chief executive or anyone else; and
(b)failure to comply with chapter 2 does not affect the validity of anything done or not done under this Act.
(3)In addition, a decision made, or appearing to be made, under chapter 2—
(a)is final and conclusive; and
(b)can not be challenged, appealed against, reviewed, quashed, set aside, or called in question in another way, under the Judicial Review Act 1991 (whether by the Supreme Court, another court, a tribunal or another entity); and
(c)is not subject to a writ or order of the Supreme Court, another court, a tribunal or another entity on any ground.
(4)In this section—

decision: includes—

(a)conduct engaged in to make a decision; and
(b)conduct related to making a decision; and
(c)failure to make a decision.

168BGiving evidence about dangerous goods matter to external public authority#

(1)The chief executive or the commissioner (the official) may give any prescribed evidence to an external public authority if the official—
(a)considers giving the evidence to the external public authority is appropriate for law enforcement purposes; and
(b)has consulted with the external public authority about giving the evidence.
(2)Subsection (1) does not apply if the official or external public authority would otherwise be required to maintain confidentiality about the evidence under an Act.
(3)In this section—

prescribed evidence: means anything seized under chapter 3, part 3, division 3, or any information obtained under this Act about a contravention of this Act or a corresponding law in relation to a dangerous goods matter.

168CChief executive may give information to corresponding authority#

(1)The chief executive may give information to a corresponding authority about—
(a)any action taken in relation to a dangerous goods matter by the chief executive under a transport Act; or
(b)any information in relation to a dangerous goods matter obtained under this Act, including any information contained in any document, device or other thing inspected or seized under this Act.

Subsection (1) does not apply if the chief executive or corresponding authority would otherwise be required to maintain confidentiality about the information under an Act.

In this section—

transport Act: transport Act does not include the Queensland Road Rules.

168DContracting out in relation to prescribed dangerous goods vehicles etc. prohibited#

A contract or agreement relating to a prescribed dangerous goods vehicle or the transport of dangerous goods is void to the extent to which it—

(a) is contrary to this Act; or
(b) purports to exclude, limit or otherwise change the effect of a provision of this Act.

169Approval of forms#

The chief executive may approve forms for use under this Act.

170Nomination of responsible operator#

If a registered operator has previously claimed the registered operator was not the driver and has failed to notify the name and address of the driver of a vehicle that was involved in a camera-detected offence, the chief executive may give written notice requesting the registered operator to nominate 1 responsible operator for each vehicle registered in the registered operator’s name whether jointly or otherwise.

If the registered operator wants to nominate the responsible operator, the registered operator must give written notice containing the prescribed particulars to the chief executive within 28 days of receipt of the notice from the chief executive.

If a person does not nominate a responsible operator within 28 days, or nominates a person who is ineligible to be a responsible operator, the chief executive may nominate an existing registered operator as the responsible operator.

A responsible operator must be—

(a) an individual who is—
(i) 17 years or more; and
(ii) the holder of a licence issued under a law of a State to drive a vehicle on a road; or
(b) a corporation that is—
(i) a company registered under the Corporations Act; or
(ii) incorporated by or under an Act; or
(iii) incorporated for a public purpose by an Act of this or another State or the Commonwealth; or
(c) this or another State or the Commonwealth.

Except for a nomination by the chief executive, the nomination must be accompanied by the written consent of the responsible operator.

If a licence is not required for the normal operation of the type of vehicle being registered and it is not designed to be towed, the responsible operator does not have to be the holder of a licence for the vehicle.

A person must not nominate a person as a responsible operator knowing that—

(a) the nominated person is ineligible to be a responsible operator; or
(b) any particulars about the nominated person are inaccurate.

Maximum penalty—40 penalty units.

A person who has been requested to nominate a responsible operator—

(a) may subsequently apply for, renew or transfer the registration of a vehicle only if a responsible operator has been nominated for the vehicle; and
(b) must ensure there is a responsible operator during the registration of the vehicle.

If for any reason there ceases to be a responsible operator for a vehicle, the chief executive may nominate a responsible operator.

171Regulation-making power#

The Governor in Council may make regulations under this Act.

A regulation may be made prescribing offences for a contravention of a regulation and fixing a maximum penalty of not more than 80 penalty units for a contravention.

A regulation may—

(a) prescribe fees payable for a transport Act, other than the Tow Truck Act 2023, and the effect of nonpayment; or
(b) allow the chief executive to refund fees completely or partly or provide concessions; or
(c) prescribe circumstances in which roads may be closed; or
(d) prescribe offences for misuse of roads; or
(e) require the collection, keeping or production of records; or
(f) establish requirements for the certification of instruments (within the meaning of section 123S); or
(g) prescribe rules about the use by the following, under the Transport Infrastructure Act 1994, of busway land—
(i) buses operating on a busway established on the busway land;
(ii) persons having the permission of the chief executive to be on the busway land; or
(h) prescribe rules about the use by the following, under the Transport Infrastructure Act 1994, of light rail land—
(i) light rail vehicles operating on a light rail established on the light rail land;
(ii) persons having the permission of the chief executive or a light rail manager for the light rail to be on the light rail land; or
(i) exempt a person or vehicle from a provision of this Act.

A regulation may enact provisions for the State that are the same as, or substantially similar to, model legislation or road transport legislation within the meaning of the National Transport Commission Act 2003 (Cwlth).

For the provisions mentioned in subsection (4), a regulation may—

(a) confer powers on the chief executive, the commissioner, an authorised officer or an accredited person; or
(b) make transitional provisions.

Source: TORUM Act 1995 · pages 437–453 Open PDF at this page Search this document