Part 23Transitional provisions for Transport Legislation (Road Safety and Other Matters) Amendment Act 2019#

Division 1Provisions for amendments commencing on assent#

233Proceedings not finally decided#

(1)This section applies if, immediately before the commencement, a proceeding had been started before QCAT for a review of a licensing decision, but QCAT had not made a decision.
(2)The proceeding may continue as if the amendment Act had not been enacted.

234Breath and saliva testing of persons who are not drivers#

(1)Section 80 applies to an offence against the Criminal Code, section 328A committed by a person who is not the driver of a vehicle only if the offence is committed after the commencement.
(2)In this section—

driver: driver, of a vehicle, means a person who drives or is in charge of the vehicle, or attempts to put the vehicle in motion, on a road or elsewhere.

235Evidentiary provisions about placard loads in tunnels#

(1)Section 84A(3)(c) and (5) applies to a proceeding for an offence against section 84A(1) only if the offence is committed after the commencement.
(2)Section 120(7) applies to a matter mentioned in section 120(7)(ca) for a proceeding for an offence against section 84A(1) only if the offence is committed after the commencement.

236Evidentiary provisions about speed limits#

Sections 120B and 120C apply to a proceeding for a prescribed offence only if the offence is committed after the commencement.

237Application of s 124AA#

Section 124AA applies to a proceeding for an offence against a transport Act only if the offence is committed after the commencement.

Division 2Provisions for amendments commencing by proclamation#

238Transitional provision for amendment to s 91I#

Section 91I, definition drink driving offence, as in force before the commencement, applies in relation to a person convicted of an offence against section 79(1F) involving a motor vehicle if the offence was committed before the commencement.

239Transitional provision for ch 5, pt 3B#

Chapter 5, part 3B, as in force before the commencement, applies in relation to a person whose interlock period started before the commencement.

240Evidentiary provisions#

The following sections apply to a proceeding for an offence under a transport Act only if the offence is committed after the commencement—

section 123A(j), (k), (l), (m) and (n)
section 123B(k), (l), (m) and (n)
section 123E(1)(a)(ii), (iii), (iv), (v) and (vi)
schedule 1, item 14(c) and (d)
schedule 1, item 15
schedule 1, item 25
schedule 1, item 26
schedule 1, item 30
schedule 1, item 32
schedule 1, item 33
schedule 1, item 34.

241Evidentiary provisions—continued application#

(1)The relevant evidentiary provisions continue to apply in relation to a proceeding for an offence under a transport Act if the offence was committed before the commencement.
(2)In this section—

amendment Act: amendment Act means the Transport Legislation (Road Safety and Other Matters) Amendment Act 2019.
former: former, in relation to a provision, means as in force immediately before the provision was repealed by the amendment Act.
relevant evidentiary provisions: relevant evidentiary provisions means the following former sections—

section 60(2)(t)(iii)
section 124(1)(gb), (gc) and (gd)(ii), (iii), (iv), (v) and (vi).