Transport Planning and Coordination Regulation 2017
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Transport Planning and Coordination Regulation 2017
Transport Planning and Coordination Regulation 2017
Part 1
Preliminary
1 Short title
This regulation may be cited as the
Transport Planning and Coordination Regulation 2017 .
2 Commencement
This regulation commences on 1 September 2017.
3 Dictionary
The dictionary in schedule 1 defines particular words used in this regulation.
Part 2
Smartcard transport authorities
4 Definitions for part
In this part—
smartcard transport authority
see section 36G(1) of the Act .
transport authority Act
means any of the following Acts— (a) the
Tow Truck Act 2023 ;
(b) the
Transport Operations (Passenger Transport) Act 1994 ;
(c) the
Transport Operations (Road Use Management) Act 1995 .
s 4 amd 2024 SL No. 134
s 149
5 Transport authority— Act , s 36G
For section 36G(3) of the Act , definition
transport authority , each of the following is prescribed— (a) a driver accreditation or an assistant accreditation under the
Tow Truck Act 2023 ;
(b) a driver authorisation under the
Transport Operations (Passenger Transport) Act 1994 ;
(c) an appointment under the
Transport Operations (Road Use Management) Act 1995
as an accredited person for accreditation of any of the following types— (i) driver trainer;
(ii) rider trainer;
(iii) pilot vehicle driver;
(iv) escort vehicle driver;
(v) traffic controller;
Note—
The appointments mentioned in this paragraph are made under the
Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2015 , part 2 .
(d) a dangerous goods driver licence under the
Transport Operations (Road Use Management—Dangerous Goods) Regulation 2018 .
s 5 amd 2018 SL No. 107 s 288; 2024 SL No. 134
s 150
6 Smartcard transport authorities
(1) A smartcard transport authority issued to a person by the chief executive may— (a) indicate by way of a code, expression or otherwise that the person holds 1 or more transport authorities; and
(b) include information about the person’s personal particulars.
(2) A smartcard transport authority is, in relation to a particular transport authority, subject to the transport authority Act under which the particular transport authority is issued or granted.
(3) A code or expression used on a smartcard transport authority in relation to a particular transport authority has the meaning given under the transport authority Act under which the particular authority is issued or granted.
7 Interim transport authorities
(1) This section applies if the chief executive intends to issue a smartcard transport authority to a person.
(2) The chief executive may issue an interim transport authority to the person.
(3) An interim transport authority may include the following information— (a) its date of issue;
(b) any information that may be included on a smartcard transport authority under section 6 ;
(c) information about anything authorised or required to be stated on it under a transport authority Act.
(4) Subsection (3) does not limit the information that may be included on an interim transport authority.
(5) An interim transport authority has effect as if it were a smartcard transport authority until the person receives the smartcard transport authority from the chief executive.
8 Replacement of smartcard transport authority
(1) This section applies if a person has been issued with a smartcard transport authority and, under a transport authority Act, any of the following happens— (a) the person is granted a transport authority;
(b) a transport authority held by the person is amended, suspended or cancelled;
(c) a period of suspension of a transport authority held by the person ends;
(d) the person is to be given a replacement document evidencing a transport authority held by the person.
(2) The chief executive may issue a replacement smartcard transport authority to the person.
(3) The replacement smartcard transport authority must evidence each transport authority held by the person.
Part 2A
Access to transport information databases
pt 2A hdg ins 2022 SL No. 3
s 27
amd 2023 SL No. 4
s 14
Division 1
Access relating to performing SPER functions
pt 2A div 1 hdg ins 2023 SL No. 4
s 15
9 Definitions for division
In this division—
authorised person
means an individual, or a member of a class of individuals, who—
(a) is— (i) a SPER official; or
(ii) a service contractor; or
(iii) employed or otherwise engaged by a service contractor that is not an individual; or
(iv) a service subcontractor; or
(v) employed or otherwise engaged by a service subcontractor that is not an individual; and
(b) is authorised in writing by the chief executive to directly access a transport information database.
service contractor
see the
State Penalties Enforcement Act 1999 , section 10A (1).
service subcontractor
see the
State Penalties Enforcement Act 1999 , section 10B (1).
SPER
means the State Penalties Enforcement Registry established under the
State Penalties Enforcement Act 1999 , part 2 .
SPER official
means—
(a) the registrar of SPER under the
State Penalties Enforcement Act 1999 , section 10 (1); or
(b) another member of the staff of SPER; or
(c) an enforcement officer under the
State Penalties Enforcement Act 1999 .
s 9 prev s 9 amd 2019 SL No. 29 s 22
om 2019 SL No. 51 s 26
pres s 9 ins 2022 SL No. 3
s 27
amd 2023 SL No. 4 s 16
10 Operation and application of division
(1) This division authorises the disclosure and use of particular information for each of the following provisions— (a) the
Heavy Vehicle National Law (Queensland) , section 727(1), definition
authorised use , paragraph (k);
(b) the
Photo Identification Card Act 2008 , section 46(2)(b)(i);
(c) the
Tow Truck Act 2023 , section 144 (3)(a)(ii);
(d) the
Transport Infrastructure Act 1994 , section 104 (2)(b)(i) or section 105ZN (2)(b)(i);
(e) the
Transport Operations (Marine Safety) Act 1994 , section 205AC (2)(b)(i);
(f) the
Transport Operations (Passenger Transport) Act 1994 , section 148C (2)(b)(i);
(g) the
Transport Operations (Road Use Management) Act 1995 , section 143 (2)(b)(i);
(h) the
Transport Planning and Coordination Act 1994 , section 36GA(2)(b)(i).
(2) This division applies to the extent the disclosure or use of the information is not already required or permitted under a transport Act or another law.
(3) This division is specified for the
Heavy Vehicle National Law (Queensland) , section 727(1), definition
relevant law .
s 10 prev s 10 amd 2018 SL No. 107 s 289; 2019 SL No. 29 s 23
om 2019 SL No. 51 s 26
pres s 10 ins 2022 SL No. 3
s 27
amd 2023 SL No. 4
s 17 ; 2024 SL No. 134 s 151
10A Disclosure and use of particular information
(1) The chief executive may disclose information in a transport information database to an authorised person to enable the person to use the information to perform a function under the
State Penalties Enforcement Act 1999 .
(2) The authorised person may use the information to perform a function under the
State Penalties Enforcement Act 1999 .
(3) Without limiting subsection (1), the chief executive may disclose the information to the authorised person by allowing the person to directly access the transport information database.
(4) The chief executive may disclose the information to the authorised person on the conditions the chief executive considers appropriate.
s 10A ins 2022 SL No. 3
s 27
10B Restriction on use of information
(1) This section applies to an authorised person to whom information is disclosed by the chief executive under section 10A .
(2) The authorised person must not use the information— (a) other than for performing a function under the
State Penalties Enforcement Act 1999 ; or
(b) in contravention of a condition imposed by the chief executive under section 10A (4).
Maximum penalty—20 penalty units.
s 10B ins 2022 SL No. 3
s 27
Division 2
Access to marine transport information databases
pt 2A div 2 hdg ins 2023 SL No. 4 s 18
10C Definitions for division
In this division—
authorised person , of a prescribed agency—
(a) means an individual, or a member of a class of individuals, employed or otherwise engaged by the prescribed agency; and
(b) for the Queensland Police Service—includes a police officer of the Queensland Police Service; and
(c) for the NSW Police Force—includes a police officer of the NSW Police Force.
marine transport information database
means—
(a) a transport information database kept for the
Transport Operations (Marine Safety) Act 1994 ; or
(b) a transport information database kept for the
Transport Infrastructure Act 1994
relating to— (i) the management of public marine facilities under chapter 15 , part 1 of that Act; or
(ii) the management of waterways under chapter 15 , part 2 of that Act.
prescribed agency
means any of the following—
(a) the Australian Maritime Safety Authority established under the
Australian Maritime Safety Authority Act 1990 (Cwlth) ;
(b) the department in which the
Environmental Protection Act 1994
is administered;
(c) the department in which the
Fisheries Act 1994
is administered;
(d) the Gold Coast Waterways Authority established under the
Gold Coast Waterways Authority Act 2012 ;
(e) the Great Barrier Reef Marine Park Authority established under the
Great Barrier Reef Marine Park Act 1975 (Cwlth) ;
(f) the Sunshine Coast Waterways Authority established under the
Sunshine Coast Waterways Authority Act 2026 ;
(g) Transport for New South Wales constituted under the
Transport Administration Act 1988 (NSW) ;
(h) the NSW Police Force;
(i) the Queensland Police Service.
s 10C ins 2023 SL No. 4 s 18; 2026 SL No. 81
s 80
10D Operation and application of division
(1) This division authorises the disclosure and use of particular information for— (a) the
Transport Operations (Marine Safety) Act 1994 , section 205AC (2)(b)(i); and
(b) the
Transport Infrastructure Act 1994 , sections 104 (2)(b)(i) and 105ZN (2)(b)(i).
(2) This division applies to the extent the disclosure or use of the information is not already required or permitted under the Acts mentioned in subsection (1) or another law.
s 10D ins 2023 SL No. 4 s 18
10E Disclosure and use of marine transport information database
(1) The chief executive may disclose information in a marine transport information database to an authorised person of a prescribed agency to enable the person to use the information for a purpose— (a) for which the agency is authorised to use the information under a law of the Commonwealth or a State; or
(b) consistent with the agency’s functions under a law of the Commonwealth or a State.
(2) Without limiting subsection (1), the chief executive may disclose the information to the authorised person by allowing the person to directly access the marine transport information database.
(3) The chief executive may disclose the information to the person on the conditions the chief executive considers appropriate.
s 10E ins 2023 SL No. 4 s 18
10F Restriction on use of information
(1) This section applies to an authorised person to whom information is disclosed by the chief executive under section 10E .
(2) The authorised person must not use the information— (a) other than for a purpose mentioned in section 10E (1); or
(b) in contravention of a condition imposed by the chief executive under section 10E (3).
Maximum penalty—20 penalty units.
s 10F ins 2023 SL No. 4 s 18
Part 3
General
11 Authorised officers— Act , s 28EG
For section 28EG (2) of the Act , definition
authorised officer , each of the following persons is prescribed— (a) if the smartcard identification authority is a smartcard accreditation under the
Tow Truck Act 2023 —an authorised officer under that Act;
(b) if the smartcard identification authority is a smartcard marine licence indicator under the
Transport Operations (Marine Safety) Act 1994 —a shipping inspector under that Act;
(c) if the smartcard identification authority is a smartcard driver authorisation under the
Transport Operations (Passenger Transport) Act 1994 —an authorised person under that Act;
(d) if the smartcard identification authority is a smartcard authority under the
Transport Operations (Road Use Management) Act 1995 —an authorised officer under that Act.
s 11 amd 2024 SL No. 134
s 152
11A Prescribed matters— Act , s 28EHA
(1) For section 28EHA(1)(b) of the Act , a prescribed matter is an application made under the
Transport Operations (Road Use Management—Driver Licensing) Regulation 2021
for a relevant Queensland driver licence if— (a) the applicant is a person to whom the following provisions of that regulation apply— (i) section 54 (2)(a);
(ii) section 62 (2)(a);
(iii) section 116 (2)(a);
(iv) section 120 (4);
(v) section 124 (2)(a);
(vi) section 166 (2);
(vii) section 170 (3);
(viii) section 172 (2); and
(b) the application is made before the applicant completes an online road rules test under that regulation.
(2) In this section—
relevant Queensland driver licence
means an open licence, provisional licence or probationary licence under the
Transport Operations (Road Use Management) Act 1995 .
s 11A ins 2018 SL No. 206 s 28
amd 2019 SL No. 239 s 13
sub 2021 SL No. 112
s 468
11AA
Standard for recognised country authority— Act , s 29AB
(1) For section 29AB of the Act , definition
recognised country authority , paragraph (b), ISO/IEC 18013-5 is prescribed.
(2) In this section—
ISO/IEC 18013-5
means the standard titled ‘ISO/IEC 18013-5 (Personal identification— ISO-compliant driving licence—part 5: mobile driving licence (mDL) application)’, as in force from time to time, published jointly by the International Organization for Standardization and the International Electrotechnical Commission.
s 11AA ins 2024 Act No. 2
s 79
11B Relevant Act— Act , s 29AB
For section 29AB of the Act , definition
relevant Act , each of the following Acts is prescribed to be a relevant Act— (a) the
Building Act 1975 ;
(b) the
Photo Identification Card Act 2008 ;
(c) the
Plumbing and Drainage Act 2018 ;
(d) the
Property Occupations Act 2014 ;
(e) the
Queensland Building and Construction Commission Act 1991 ;
(f) the
Tow Truck Act 2023 ;
(g) the
Transport Operations (Marine Safety) Act 1994 ;
(h) the
Transport Operations (Passenger Transport) Act 1994 ;
(i) the
Transport Operations (Road Use Management) Act 1995 .
s 11B ins 2021 SL No. 23
s 27
amd 2024 SL No. 225 s 19
11C Relevant authority— Act , s 29AB
For section 29AB of the Act , definition
relevant authority , paragraph (a), each of the following authorities is prescribed as a relevant authority— (a) a licence as a building certifier issued under the
Building Act 1975 , chapter 6 , part 3 ;
(b) a licence as a pool safety inspector issued under the
Building Act 1975 , chapter 8 , part 6 ;
(c) a photo identification card under the
Photo Identification Card Act 2008 ;
(d) a licence under the
Plumbing and Drainage Act 2018 ;
(e) a licence or registration certificate under the
Property Occupations Act 2014 ;
(f) a licence granted under the
Queensland Building and Construction Commission Act 1991 , section 34 ;
(g) a driver accreditation or assistant accreditation under the
Tow Truck Act 2023 ;
(h) a personal watercraft licence or recreational marine driver licence granted under the
Transport Operations (Marine Safety) Regulation 2016 , section 61 ;
(i) a driver authorisation under the
Transport Operations (Passenger Transport) Act 1994 ;
(j) an appointment as an accredited person granted under the
Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2015 , part 2 , for accreditation of any of the following types— (i) driver trainer;
(ii) rider trainer;
(iii) pilot vehicle driver;
(iv) escort vehicle driver;
(v) traffic controller;
(k) a Queensland driver licence under the
Transport Operations (Road Use Management) Act 1995 ;
(l) a dangerous goods driver licence under the
Transport Operations (Road Use Management—Dangerous Goods) Regulation 2018 .
s 11C ins 2021 SL No. 23
s 27
amd 2024 SL No. 225
s 20
12 Approved agency— Act , sch 1
(1) For schedule 1 of the Act , definition
approved agency , paragraph (b), ASIO is prescribed as an approved agency.
(2) In this section—
ASIO
means the Australian Security Intelligence Organisation established under the
Australian Security Intelligence Organisation Act 1979 (Cwlth) .
12A Prescribed authorisation Acts— Act , sch 1
For schedule 1 of the Act , definition
prescribed authorisation Act , each of the following Acts is prescribed— (a) the
Disability Services Act 2006 ;
(b) the
Photo Identification Card Act 2008 ;
(c) the
Tow Truck Act 2023 ;
(d) the
Transport Operations (Marine Safety) Act 1994 ;
(e) the
Transport Operations (Passenger Transport) Act 1994 ;
(f) the
Transport Operations (Road Use Management) Act 1995 ;
(g) the
Work Health and Safety Act 2011 ;
(h) the
Working with Children (Risk Management and Screening) Act 2000 .
s 12A ins 2019 SL No. 51 s 27
amd 2020 SL No. 131 s 11; 2021 SL No. 2
s 20 ; 2024 SL No. 134
s 153
12B Prescribed authorities— Act , sch 1
For schedule 1 of the Act , definition
prescribed authority , each of the following is prescribed— (a) an NDIS clearance or State clearance, or a clearance card for an NDIS clearance or State clearance, under the
Disability Services Act 2006 ;
(b) a photo identification card under the
Photo Identification Card Act 2008 ;
(c) a driver accreditation or an assistant accreditation, or an accreditation document for a driver accreditation or an assistant accreditation, under the
Tow Truck Act 2023 ;
(d) a marine licence, marine licence indicator or smartcard marine licence indicator under the
Transport Operations (Marine Safety) Act 1994 ;
(e) a driver authorisation or authorising document under the
Transport Operations (Passenger Transport) Act 1994 ;
(f) a Queensland driver licence under the
Transport Operations (Road Use Management) Act 1995 ;
(g) an appointment under the
Transport Operations (Road Use Management) Act 1995
as an accredited person, or an accreditation document mentioned in section 21 (2) of that Act, for accreditation of any of the following types— (i) driver trainer;
(ii) rider trainer;
(iii) pilot vehicle driver;
(iv) escort vehicle driver;
(v) traffic controller;
Note—
The appointments mentioned in this paragraph are made under the
Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2015 , part 2 .
(h) a dangerous goods driver licence or driver authorising document under the
Transport Operations (Road Use Management—Dangerous Goods) Regulation 2018 ;
(i) a high risk work licence, or a licence document for a high risk work licence, under the
Work Health and Safety Regulation 2011 ;
(j) a working with children authority, or a working with children card for a working with children authority, under the
Working with Children (Risk Management and Screening) Act 2000 .
s 12B ins 2019 SL No. 51 s 27
amd 2020 SL No. 131 s 12; 2021 SL No. 2 s 21; 2024 SL No. 134 s 154
13 Transport Acts— Act , sch 1
For schedule 1 of the Act , definition
transport Act , each of the following Acts is prescribed— (a) the
Photo Identification Card Act 2008 ;
(b) the
Air Navigation Act 1937 ;
(c) the
Century Zinc Project Act 1997 , sections 5 (2) to (7), 11, 12 , 13 and 21;
(d) the
Civil Aviation (Carriers’ Liability) Act 1964 ;
(e) the
Gold Coast Waterways Authority Act 2012 ;
(f) the
Heavy Vehicle National Law Act 2012 ;
(g) the
Maritime Safety Queensland Act 2002 ;
(h) the
Queensland Rail Transit Authority Act 2013 ;
(i) the
Rail Safety National Law (Queensland) Act 2017 ;
(j) the
State Transport Act 1938 ;
(k) the
State Transport (People Movers) Act 1989 ;
(l) the
Sunshine Coast Waterways Authority Act 2026 ;
(m) the
Thiess Peabody Mitsui Coal Pty. Ltd. Agreements Act 1965
(to the extent administered by a Minister administering the
Transport Infrastructure Act 1994 );
(n) the
Tow Truck Act 2023 ;
(o) the
Transport Infrastructure Act 1994 ;
(p) the
Transport Operations (Marine Pollution) Act 1995 ;
(q) the
Transport Operations (Marine Safety) Act 1994 ;
(r) the
Transport Operations (Passenger Transport) Act 1994 ;
(s) the
Transport Operations (Road Use Management) Act 1995 ;
(t) the
Transport Planning and Coordination Act 1994 ;
(u) the
Transport Security (Counter-Terrorism) Act 2008 ;
(v) the
Transport (South Bank Corporation Area Land) Act 1999 .
s 13 amd 2019 SL No. 29 s 24; 2024 SL No. 134
s 155 ; 2026 SL No. 81
s 81
Part 4
Transitional provisions
14 Definition for part
In this part—
repealed regulation
means the repealed Transport Planning and Coordination Regulation 2005 , as in force from time to time before the commencement.
15 References to repealed regulation
In an instrument, if the context permits, a reference to the repealed regulation may be taken to be a reference to this regulation.
16 Existing interim transport authorities
An interim transport authority issued under section 7 of the repealed regulation is taken to be an interim transport authority issued under section 7 of this regulation.
Schedule 1
Dictionary
section 3
authorised person —
(a) for part 2A , division 1 , see section 9 ; or
(b) for part 2A , division 2 , see section 10C .
sch 1 def
authorised person ins 2022 SL No. 3 s 28
sub 2023 SL No. 4
s 19 (1)–(2)
marine transport information database , for part 2A , division 2 , see section 10C .
sch 1 def
marine transport information database ins 2023 SL No. 4
s 19 (2)
NSW Police Force
means the NSW Police Force established under the
Police Act 1990 (NSW) .
sch 1 def
NSW Police Force ins 2023 SL No. 4 s 19(2)
prescribed agency , for part 2A , division 2 , see section 10C .
sch 1 def
prescribed agency ins 2023 SL No. 4
s 19 (2)
public marine facility
see the
Transport Infrastructure Act 1994 , schedule 6 .
sch 1 def
public marine facility ins 2023 SL No. 4
s 19 (2)
service contractor , for part 2A , division 1 , see section 9 .
sch 1 def
service contractor ins 2022 SL No. 3 s 28
amd 2023 SL No. 4
s 19 (3)
service subcontractor , for part 2A , division 1 , see section 9 .
sch 1 def
service subcontractor ins 2022 SL No. 3 s 28
amd 2023 SL No. 4
s 19 (3)
smartcard transport authority , for part 2 , see section 4 .
SPER , for part 2A , division 1 , see section 9 .
sch 1 def
SPER ins 2022 SL No. 3 s 28
amd 2023 SL No. 4
s 19 (3)
SPER official , for part 2A , division 1 , see section 9 .
sch 1 def
SPER official ins 2022 SL No. 3 s 28
amd 2023 SL No. 4
s 19 (3)
transport authority
see section 5 .
transport authority Act , for part 2 , see section 4 .
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