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Transport and Other Legislation Amendment Bill 2014
Transport and Other Legislation
Amendment Bill 2014
Explanatory Notes
For
Amendments To Be Moved During
Consideration In Detail By The Honourable
Scott Emerson MP, Minister for Transport
and Main Roads
Short title
Transport and Other Legislation Amendment Bill 2014
Objectives of the Amendments
The objective of the amendments to be moved during consideration in detail is to
amend the G20 (Safety and Security) Act 2013 (the Act) to make a number of
clarifying amendments to schedule 1 of the Act.
The Act provides for special police powers and arrangements to allow for the 2014
G20 meetings and events to be held safely in Cairns and Brisbane. The Act provides
for three different types of G20 security areas being restricted areas, declared areas
and motorcade areas. The Act also allows additional security areas to be declared by
regulation or by written order of the Commissioner of Police.
It has recently been identified that the Act could be interpreted to only allow an area
in Brisbane or Cairns to be declared as an additional security area. The amendment
confirms the original intent of the Act and removes any doubt about additional
security areas outside of Brisbane and Cairns being able to be declared.
Also, the amendment will clarify that the Act will apply to any additional declared or
restricted areas for the dates stated in the regulation or order declaring the area.
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Transport and Other Legislation Amendment Bill 2014
Achievement of policy objectives
The objective is achieved by amending schedule 1 of the Act.
Amendments are made to parts 1 and 2 in schedule 1 of the Act to clarify that an
additional declared or restricted area can be declared in Cairns for a period, other than
a period ending on 22 September 2014, and in Brisbane for a period, other than a
period ending on 17 November 2014.
An amendment is also made to insert a new part 3 into schedule 1 of the Act to clarify
that the Act allows additional security areas outside of Brisbane and Cairns to be
declared by regulation or written order of the Commissioner of Police for the periods
stated in the regulation or order.
Alternative ways of achieving the policy objectives
There is no alternative way to achieve the policy objective.
Estimated cost for government implementation
Increased costs may be incurred if additional security areas are required to be declared.
There is an agreement in place between the Commonwealth and the State about the
costs of providing security for the G20 events. Any variation to this agreement as a
result of the need to declare additional security areas will be dealt with under that
agreement.
Consistency with fundamental legislative principles
The proposed amendments are clarifying in nature and consistent with fundamental
legislative principles.
Consultation
Consultation has been undertaken with the Department of the Premier and Cabinet,
the Queensland Police Service and the Office of the Queensland Parliamentary
Counsel.
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Transport and Other Legislation Amendment Bill 2014
Notes on provisions
Amendment 1 inserts a new part 2A into the Bill which includes new clauses 4A and
4B.
Clause 4A provides that new part 2A amends the G20 (Safety and Security) Act 2013
(the Act).
Clause 4B makes a number of clarifying amendments to schedule 1 of the Act as
outlined below.
Sub-clauses 4B(1) to (3) make a clarifying amendment to schedule 1, part 1 of the Act.
It clarifies that the date that the Act applies to an additional declared or restricted area
in Cairns is for the period stated in the regulation or order declaring the area. This
amendment ensures that an additional declared or restricted area can be declared in
Cairns for a period, other than a period ending on 22 September 2014. For example,
an additional declared or restricted area may only be required to be declared for a
limited period of time.
Sub-clauses 4B(4) to (6) make a clarifying amendment to schedule 1, part 2 of the Act.
It clarifies that the date that the Act applies to an additional declared or restricted area
in Brisbane is for the period stated in the regulation or order declaring the area. This
amendment ensures that an additional declared or restricted area can be declared in
Brisbane for a period, other than a period ending on 17 November 2014. For example,
an additional declared or restricted area may only be required to be declared for a
limited period of time.
Sub-clause 4B(7) is a clarifying amendment to insert a new part 3 into schedule 1 of
the Act. This part specifies that the Act applies to an area, other than an area in
Brisbane or Cairns, that is declared to be an additional declared or restricted area for
the dates stated in the regulation or order.
The amendment is made to clarify that additional declared or restricted areas, outside
of Brisbane or Cairns, may be declared by regulation or by written order of the
Commissioner of Police. The amendment is required to ensure section 8 of the Act
applies the Act to additional declared or restricted areas outside of Brisbane or Cairns.
Amendment 2 amends the long title of the Bill to include the G20 (Safety and Security)
Act 2013.
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