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Transport Operations (Translink Transit Authority) Bill 2008
Transport Operations (TransLink Transit
Authority) Bill 2008
Explanatory Notes
General Outline
The primary purpose of the Bill is to deliver in south east Queensland the
best possible mass transit services at a reasonable cost to Government and
community by bringing responsibility for public transport under one
organisation and providing:
� a wider and improved range of all TransLink mass transit
services with enhanced scheduling and integration, through
increased overall control of the network;
� a single point of contact for customer service issues, including
the provision of service information and complaints handling;
� a seamless introduction of new technology to improve TransLink
mass transit services such as real time passenger information and
widespread use of go card smartcard technology across the
region;
� the single branding of all TransLink mass transit services in the
region to create greater clarity of the State Government's role as
the major funding provider and decision maker for the public
transport system;
� improved governance of the TransLink mass transit network with
local government, consumer and independent expert
representation;
� the delivery of mass transit services as a part of the Congestion
Management Plan;
� the delivery of, planning for, and purchasing of integrated public
transport services;
� the network planning for public transport and the management
and maintenance of public transport infrastructure such as bus
stops and on-road bus facilities;
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Transport Operations (Translink Transit Authority) Bill 2008
� the delivery and management of critical transport infrastructure;
� a service contract framework that ensures value for taxpayers
funds by providing performance based incentives to operators
that promote integrated public transport services, on time
running, customer service, and minimising fare evasion;
� the development of integrated ticketing such as enhancing fare
products, and information to passengers;
� high quality customer service through improved customer
relations management such as the establishment of a "one stop
shop";
� integrated scheduling across public transport services;
� the expansion of revenue sources by exploring commercial
opportunities such as selling advertising rights on public
transport system facilities and third party applications for go
cards.
Short Title
The short title of the Bill is the Transport Operations (TransLink Transit
Authority) Act 2008.
Policy Objectives of the Legislation
Population growth, land development and congestion issues are significant
and exponential challenges for the State particularly in the south east
Queensland region where it is recognised for its unique environment and
lifestyle and strong economic performance. The effect of these factors
results in an accelerated growth rate. It is estimated that Queensland will
need to accommodate an extra one million residents in the next 20 years
with the south east Queensland region expected to bear the majority of this
growth. The impact of this on the transport system alone will be significant.
On 9 October 2007, Government announced the creation of one new
Authority to manage all public transport services in south east Queensland.
The announcement mentioned that the Authority would bring
responsibility for public transport under one organisation, make it simpler
and easier for customers by offering a "one stop shop" for scheduling,
customer needs and complaints, and that it would be more accountable to
the needs of customers and have greater control over service delivery.
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Transport Operations (Translink Transit Authority) Bill 2008
These things will be delivered through the enactment of the Transport
Operations (TransLink Transit Authority) Bill 2008, which includes:
� the establishment of the TransLink Transit Authority (the
Authority) to provide in south east Queensland: an improved
wider range of mass transit services with enhanced scheduling
and integration across all TransLink services; a single point of
contact for customer service issues; the seamless introduction of
new technology to improve TransLink mass transit services such
as real time passenger information and widespread use of go card
smartcard; the single branding of all TransLink services to create
greater clarity and recognition of the State Government's role as
the major funding provider and decision maker for the public
transport system; and improved governance of the TransLink
mass transit system with local government, consumer and
independent expert representation.
� the establishment of a board of management consisting of 7
members to oversee, manage and report on the strategic
direction, mass transit network planning and the performance of
the mass transit system against its role, functions, responsibilities
and objectives; and
� amendments to the Transport Operations (Passenger Transport)
Act 1994, and relevant amendments to the Public Service Act
1996, Transport Infrastructure Act 1994, Transport Operations
(Road Use Management) Act 1995, and the Transport Planning
and Coordination Act 1994.
Reasons for the Bill
Legislation is required to establish the Authority to adopt the existing
responsibilities of TransLink, and embrace new responsibilities to better
manage, and deliver improved mass transit services in south east
Queensland.
Amendments to the Public Service Act 1996 are required to:
� enable the TransLink Transit Authority Employing Office to
operate as a public service office and to enable the chief
executive officer of the Authority to perform the role of head of
office.
Amendments to the Transport Infrastructure Act 1994 are required to:
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Transport Operations (Translink Transit Authority) Bill 2008
� make minor wording changes to section 6 to ensure the
requirement for transport infrastructure strategies to be consistent
with and give effect to any integrated regional transport plan in
force for the area applies to the TransLink area, and to section 20
to ensure that any network plans of the Authority are taken into
account in the preparation of any transport Government Owned
Corporation corporate plans or statements of corporate intent.
Amendments to the Transport Operations (Passenger Transport) Act 1994
are required to:
� ensure that local government and privately owned infrastructure
is always able to be used for public transport services even in
circumstances of redevelopment or changes to ownership or
leasing arrangements by defining certain infrastructure as
"essential public transport infrastructure", and provide for the
application of penalties if necessary;
� enable the making of subordinate legislation to declare particular
infrastructure and provide conditions under which compensation
can be made;
� facilitate the extension of TransLink services into developing
urban areas on the fringes of the TransLink area and the
provision of TransLink services to growing, stand-alone
population centres elsewhere in south east Queensland;
� clarify and reinforce the existing statutory market entry
restriction for urban bus services;
� provide the ability for Government to negotiate financial
arrangements with contracted operators that do not create
inadvertent Goods and Services Tax liabilities;
� remove the requirement for mid term review of service contracts
if the contract is for a term less than 2 years;
� delete provisions made obsolete upon the creation of the
TransLink Transit Authority or as a consequence of the
preceding amendments;
� make minor wording changes to chapter 6 that are also
consequential upon the preceding amendments.
Amendments to the Transport Operations (Road Use Management) Act
1995 are required to:
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Transport Operations (Translink Transit Authority) Bill 2008
� make minor wording changes to section 8 (contents of strategies)
to ensure the requirement for road use management strategies to
be consistent with and give effect to any integrated regional
transport plan in force for the area applies to the TransLink area.
Amendments to the Transport Planning and Coordination Act 1994 are
required to:
� remove provisions and definitions pertaining to the defunct South
East Queensland Transit Authority, and long distance scheduled
passenger services, and insert a new section 22 to make clear that
the previous functions of the South East Queensland Transit
Authority to coordinate strategic planning, the operation of
integrated transport systems, and integrated regional transport
planning are functions performed by the chief executive of
Queensland Transport; and
� Remove references to the chief executive of the South East
Queensland Transit Authority that is now a defunct entity.
Achieving the Objectives
In order to achieve the policy objectives, this Bill creates the appropriate
structure and governance arrangements for a statutory body corporate, and
provides the powers necessary for the Authority to achieve its functions
and responsibilities of:
� delivering, planning and purchasing integrated mass transit
services;
� improving and expanding mass transit services;
� mass transit network planning;
� managing and maintaining public transport infrastructure such as
bus stops and on road bus facilities;
� delivering and managing mass transit infrastructure;
� managing transport service contracts to ensure value for
taxpayers funds through performance based incentives that
promote integrated mass transit services, on time running,
customer service, and minimising fare evasion;
� managing integrated ticketing including development of fare
products;
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Transport Operations (Translink Transit Authority) Bill 2008
� providing information to passengers;
� delivering high quality customer service through improved
customer relations management, that is, a "one stop shop";
� ensuring integrated scheduling occurs across mass transit
services;
� improving the governance of mass transit services with local
government, consumer and independent expert representation;
� managing the introduction of new technology in the mass transit
network area; and
� exploring commercial opportunities for non-traditional revenue
sources, for example, the sale of advertising rights on public
transport facilities and third party applications for new ticketing
technology.
Administrative Costs
The creation of the Authority as a new legal entity will lead to additional
functions and activities that will increase administrative costs. Some of
these costs may not be able to be recouped, for example, new functions
taken up from operators that need to be enhanced such as customer
management and scheduling.
Additional costs are associated with meeting requirements under the
Financial Administration and Audit Act 1977 and the Statutory Bodies
Financial Arrangements Act 1982 and include the preparation of annual
reports, managing risk and compliance requirements and internal audit
costs. Some of these costs will be met by reprioritising within the
Authority.
There are four key operational deliverables associated with the objectives
and responsibilities of the Authority which are:
� A single integrated customer relationship management system.
This includes a call centre operational 24 hours a day, 7 days a
week that provides an option for the public to deal directly with a
person rather than an automated system;
� A single point of accountability for marketing, media and
branding;
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Transport Operations (Translink Transit Authority) Bill 2008
� Integrated timetabling and scheduling, including the skills,
resources and information technology systems to provide
strategic scheduling for mass transit services; and
� A revised contract regime that aligns current transport service
contract performance measures with the Authority's
accountabilities and provides incentives to operators and
business partners to optimise system efficiencies, and incentives
to ensure revenue is collected on behalf of the Authority.
In addition to corporate costs, the additional operational deliverables
mentioned above also increase the cost of operating the TransLink system.
This includes the expansion of the scope and function of the existing call
centre and the procurement of a common scheduling platform across all
operators. In addition, it is anticipated that there will be capital costs
associated with enhancements to information systems for integrated
scheduling and customer relationship systems.
It is expected, however, that over five years, any additional costs will be
outweighed by benefits associated with integrated scheduling and
additional non-fare revenue from exploitation of commercial opportunities.
It is also possible that additional fare revenue could be used to offset some
costs. Some relatively minor savings are also expected to be made from
reductions in duplication, particularly call centre reductions in QR Limited.
A new fare strategy is being developed for Government consideration for
the 2008-2009 financial year. Any additional funding requirements for the
Authority in the future (such as the expansion of existing services or the
introduction of new services or initiatives) will also be subject to
Government consideration.
Fundamental Legislative Principles
Some of the proposed provisions may infringe some fundamental
legislative principles. A full analysis and justification of all identified
breaches is detailed below.
Transport Operations (TransLink Transit Authority) Act 2008
Does the legislation have sufficient regard to the rights and liberties of
individuals - Legislative Standards Act 1992 section 4(3)
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Transport Operations (Translink Transit Authority) Bill 2008
What is the TransLink area
Clause 7 states that the TransLink area is defined as the service contract
areas or routes mentioned in schedule 1 and another service contract area
or route in the SEQ area as prescribed under a regulation. The definition
of a TransLink area has been transferred from the Transport Operations
(Passenger Transport) Act 1994 to this Act. Its adoption will provide
consistency for operators involved with providing services in the TransLink
area and will not impact on the general public.
The following justifications are provided
Allowing a regulation to change the definition of the TransLink area
contained in the Act may be viewed as a breach of fundamental legislative
principles. The definition of TransLink area in the Transport Operations
(TransLink Transit Authority) Act 2008 has merely been transferred from
Transport Operations (Passenger Transport) Act 1994 and does not
represent a change in policy. The ability to extend the TransLink area by
regulation is limited to the specified areas within south east Queensland
and is subject to stringent criteria.
Coordination of mass transit services to and from special events
Part 7 includes an offence provision whereby TransLink's approval is
required prior to a person entering into or performing a contract or
arrangement for the provision of mass transit services to and from special
events. Part 7 also makes it clear that any contract or arrangement made or
entered into for the provision of mass transit services to and from special
events without TransLink's approval has no effect. However, for existing
contracts or arrangements, clause 57 allows a 12 month transitional period
from the date of commencement of the section.
The following justifications are provided
The 12 month transitional period is designed to minimise the impact on any
person currently relying on existing contracts or arrangements for the
provision of mass transit services to and from special events. As there is
only one known contract that would be impacted by these clauses, the
timeframe should allow sufficient time for operators or the event organiser
with the existing contract to approach TransLink to seek approval.
Importantly, the application of Part 7 is limited to larger events (at least
5000 participants or spectators) and where the provision of services will
impact on TransLink in some way. In its role as "one-stop-shop" it is
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Transport Operations (Translink Transit Authority) Bill 2008
important that TransLink have the ability to manage and control the
provision of mass transit services to and from special events.
Novation of particular operational contracts to TransLink
Clause 58 of the Bill 'Novation of particular operational contracts to
TransLink' applies to contracts to be carried over to the Authority to which
the State is a party (including manifestations of the State such as the
Transport Operations (Passenger Transport) Act 1994 department, and the
former unincorporated body known as Translink) before commencement of
this section and provides that, despite any provision in the contract, the
Authority is a party to the contract instead of the State and assumes the
rights and liabilities of the State. All references in a contract to the State
are taken to be references to the Authority, and all changes are taken to
have been made. These provisions make clear that the novation of
contracts to the Authority does not discharge or affect the contract or its
performance, nor does it fulfil any condition allowing for termination or
release from the contract, or a liability under it. This clause clarifies that in
this section, the term contracts includes a deed or other instrument under
which a guarantee, indemnity or other form of surety that is given. In
addition, the term contracts in relation to the performance of a function of
the Authority includes a guarantee, indemnity or other form of surety that
is given for the performance of the function.
The following justification is provided
The provision does not adversely impact on the interests of any other party.
The novation of operational contracts from the State to the Authority is
merely a name change and none of the conditions or obligations, or
liabilities under the contracts will change beyond name substitution. As a
number of State contracts relevant to the Authority's functions will be
novated to the Authority (as a State entity) by a regulation, the use of the
regulation will allow all relevant contracts to be identified and there will be
no adverse impacts for the parties.
Transport Operations (Passenger Transport) Act 1994
Does the legislation have sufficient regard to the rights and liberties of
individuals - Legislative Standards Act 1992 section 4(3)
Declaration of essential public transport infrastructure
Clause 70 inserts a new chapter 5A `Essential public transport
infrastructure'. The purpose of this chapter is to ensure existing public
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Transport Operations (Translink Transit Authority) Bill 2008
transport infrastructure retains its use in the event of the property being
redeveloped or sold.
Section 36A allows a regulation to declare infrastructure to be "essential
public transport infrastructure" if the Minister considers it to be essential to
the continuity of public transport services. Under section 36B, if a piece of
infrastructure is considered to be essential, the chief executive may issue a
direction to the owner that (a) states the conditions which public transport
operators may use it and/or (b) prevents the owner from making any
changes that restricts its use. A maximum penalty of 1665 penalty units for
non-compliance with an "essential public transport infrastructure"
direction has been set under section 36D. While section 36F provides for
the owner to be compensated for costs incurred by complying with the
direction, it does not compensate for (a) loss of income or profit by having
to retain the infrastructure use, or (b) diminished property value because of
the direction.
It can be argued that the above provisions breach the following four
fundamental legislative principles - (1) whether regulation-making power
is appropriate for declaring essential infrastructure, (2) the effect of a
direction on the commercial rights of the owner, (3) the size of the penalty,
and (4) the limited compensation rights.
The following justification is provided
It is submitted that the provisions are critical to ensure that local
government and privately owned infrastructure is always able to be fully
used for public transport services even in circumstances of redevelopment
or changes to ownership or leasing arrangements. The public transport
network relies heavily on the existing infrastructure and any changes would
severely disrupt the public transport system and damage the reputation of
public transport services.
It should be noted that the essential infrastructure provisions only apply to
infrastructure that is already used for public transport purposes. For
example, under the current situation, if the owner of the Bulimba ferry
terminal (which is privately owned) was to sell the land to a developer, the
Government could not prevent the developer from removing the ferry
terminal. This new chapter will allow the Government to declare the ferry
terminal as "essential public transport infrastructure" and issue a direction
that it must retain its current use. This would not prevent the new owner
from developing the land, it would just require the owner to ensure the
ferry terminal, and access to it, is part of the new development. Other
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Transport Operations (Translink Transit Authority) Bill 2008
examples of "essential public transport infrastructure" include the Queen
Street Bus station (currently leased to the Brisbane City Council) and bus
interchanges at major shopping centres.
While the subordinate regulation is being used to declare essential
infrastructure, it is the Minister who must approve the declaration. In
approving the declaration, the infrastructure must meet specific defined
criteria. Further, any direction given in relation to the infrastructure must
only be made after the owner has been given the chance to make
representations on the direction and an agreement with the State cannot be
reached. In addition to this, the owner of the infrastructure can appeal the
declaration in the District Court.
Due to the increasing reliance on public transport to address traffic
congestion, it is critical to maintain the current public transport network
and build upon it. To deter infrastructure owners from disregarding a
direction and restricting or limiting the use of the infrastructure, a
significant penalty has been assigned. The same penalty applies under the
Urban Land Development Authority Act 2007 to a person who (a) carries
out a UDA assessable development in an urban development area without a
UDA development approval, or (b) contravenes a UDA development
approval. A smaller repetitive daily penalty was originally sought,
however, the Office of the Queensland Parliamentary Counsel advised
repetitive penalties are no longer used in drafting.
As a declaration will not prevent the development of an infrastructure site,
full compensation has not been established. If an owner is unhappy with
their property being declared as essential infrastructure (and any associated
loss of value/income), they can appeal the declaration. If a large amount of
compensation was required, the State would consider the acquisition of the
land under Acquisition of Land Act 1967.
On the whole, the essential infrastructure provision is a key measure to
ensure an integrated and reliable public transport system that will continue
to attract new patronage.
Consultation
Consultation with government agencies and departments has been selective
due to timeframes. Key agencies and departments consulted include:
Office of the Premier; Department of the Premier and Cabinet; Department
of Employment and Industrial Relations; Queensland Treasury;
Department of Infrastructure and Planning; Queensland Office of
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Transport Operations (Translink Transit Authority) Bill 2008
Regulatory Efficiency; Department of Communities; Crown Law;
Department of Main Roads; Office of the Queensland Parliamentary
Counsel; Department of Justice and Attorney-General; and the Queensland
Police Service.
Local Government
In relation to targeted local government consultation, the Chief Executive
Officer of Brisbane City Council was consulted on 27 March 2008 in
regard to the proposed function and scope of the Authority, and its
relationship with Councils transport planning, policy and public transport
operations activities. Discussions have also been about service contracts
and bus purchasing, and the new customer relationship management
systems and functions as well as new integrated scheduling arrangements
for the Authority.
Operators
These new arrangements will require further consultation with operators.
Operators will have views about these initiatives which may result in
delays and require wider Government resolution. For example, the
Government may need to provide directives to QR Limited to achieve the
desired outcomes with respect to improving customer services and a single
point of accountability. Government may also need to consider linking the
customer interface objectives with broader capital funding negotiations
with Brisbane Transport, for example, its request to the State for assistance
with bus fleet renewal funding.
On April 1 2008, the Chief Executive Officer of QR Limited and relevant
QR Limited senior management were briefed on the proposed functions
and scope of the authority and its relationship with QR Limited passenger
services functions.
Operators have been kept informed about progress on the Authority
through the TransLink Advisory Board, bus operators' forum and the QR
Limited quarterly contract meeting.
Unions
Consultation with unions has been ongoing in regard to the broader QR
Limited reform agenda. A facilitated workshop was held on 30 November
2007 with representatives of the transport industry, unions and senior
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Transport Operations (Translink Transit Authority) Bill 2008
officers of Queensland Transport, Department of Employment and
Industrial Relations and QR Limited. A number of threshold issues were
identified including the scope of the new Authority around operational and
system maintenance issues, on-going rail structural reforms, the service
purchasing model of the new Authority and proposed arrangements for
future discussions, ensuring the protection of existing staff employment
conditions and establishing a forum for operators, unions and the Authority
to work together to deliver improved and integrated transport services.
On 4 February 2008 a letter was sent to the unions responding to some of
the issues raised at the consultation workshop. Further consultation with
the unions occurred on 10 April 2008 to brief them on the draft legislation.
Unions involved in consultation regarding the Authority include:
Queensland Public Sector Union; Australian Federated Union of
Locomotive Employees; Rail, Tram and Bus Union; Transport Workers
Union; and the Australian Services Union (which includes ferries).
Staff
Transport staff have been informed about progress on the Authority
through the TransLink Advisory Board, bus operators' forum and the QR
Limited quarterly contract meeting. A consultation committee has been
established to work through issues impacting on employees of the new
Authority. The committee includes unions representing staff and potential
staff of the Authority.
Public
Consultation with the public has been conducted via the establishment of a
feedback forum for the new Authority, and online consultation commenced
in March 2008 through the ConsultQld website.
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Transport Operations (Translink Transit Authority) Bill 2008
Notes on Clauses
Part 1 Preliminary
Division 1 Introduction
Clause 1 sets out the short title of the Act as the Transport Operations
(TransLink Transit Authority) Act 2008.
Clause 2 provides for commencement of the Act on proclamation.
Clause 3 `Purposes of Act and their achievement' provides that the main
purpose of the Act is to deliver (in the TransLink area) the best possible
mass transit services at a reasonable cost to the community and
Government, while keeping Government regulation to a minimum. Other
purposes of the Act are consistent with the objectives of the Transport
Planning and Coordination Act 1994 to:
� enable the effective operational planning and efficient
management of mass transit services (for the TransLink area) in a
way that is responsive; offers attractive alternatives to private
transport; addresses the challenges of future growth; provides a
high level of accountability; and
� provide a reasonable level of community access and mobility in
support of the Government's social justice objectives; and
� provide a framework for coordinating the provision of services
under service contracts to form a comprehensive, integrated and
efficient masstransit network; and
� help the Government achieve its congestion management
priorities relating to transport.
Clause 4 provides that the Act binds all persons and the State and to the
extent the legislative power of the Parliament permits, the Commonwealth
and the other States, and provides that nothing in the Act will make the
State liable to be prosecuted for an offence.
Clause 5 `Relationship with Transport Operations (Passenger Transport)
Act 1994' provides that the Act does not limit or affect the chief executive's
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Transport Operations (Translink Transit Authority) Bill 2008
functions or powers or the rights and obligations of drivers and operators,
and passengers using public passenger services under the Transport
Operations (Passenger Transport) Act 1994.
Division 2 Interpretation
Clause 6 defines particular words used in the Act.
Clause 7 provides the definition of the TransLink area. The definition of
TransLink area has merely been transferred from the Transport Operations
(Passenger Transport) Act 1994 and does not represent a change in policy.
The TransLink area is the contract areas or routes mentioned in schedule 1
of the Act, and another service contract area or route in the south east
Queensland area prescribed under a regulation. The ability to extend the
TransLink area by regulation is limited to specified areas within south east
Queensland and is subject to stringent criteria.
The definition clarifies that for this section, the terms:
SEQ area means the combined local government areas under the Local
Government Act 1993 in force immediately before 15 March 2008 and
include:
� the cities of Brisbane, Caloundra, Gold Coast, Ipswich, Logan,
Redcliffe and Toowoomba;
� the shires of Beaudesert, Boonah, Caboolture, Esk, Gatton,
Kilcoy, Laidley, Maroochy, Noosa, Pine Rivers and Redland; and
Service contract area or route refers to the definition in schedule 3 of the
Transport Operations (Passenger Transport) Act 1994 which means an
area or route for which a service contract is required under section 42 or 66
of the Transport Operations (Passenger Transport) Act 1994 to provide
particular public passenger services.
Clause 8 defines the term "mass transit network" as a centrally planned and
coordinated system of mass transit services and related infrastructure,
technology and facilities for example ticketing, fares, and customer
information facilities, and bus stops and stations. The purpose of including
examples of infrastructure is to make it clear the types of infrastructure that
form a part of the network.
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Transport Operations (Translink Transit Authority) Bill 2008
Part 2 Establishment and status of
TransLink
Clause 9 establishes the TransLink Transit Authority.
Clause 10 states that the legal status of the Authority is a body corporate
which has board members provided for under Part 4 of the Act, has
perpetual succession and can sue or be sued in its corporate name.
Clause 11 `TransLink represents the State'. The TransLink Transit
Authority represents the State, and has the status, privileges and
immunities of the State.
Clause 12 provides exclusion in relation to the whole of the Corporations
legislation. A general declaration under section 13A of the Statutory
Bodies Financial Arrangements Act 1982 would provide partial exclusion.
Full exclusion is considered necessary for a number of reasons including
that the complex nature and wide scope of the Authority makes it
unchartered territory in legislative terms, and raises the legal uncertainty in
identifying where Corporations legislation actually applies and to which
extent post commencement. Cross border issues complicate the matter
further, that is, the Authority may operate services and/or conduct business
in the border area extending into New South Wales. Intrastate operations
would possibly require Australian Securities and Investment Commission
registration if the Authority were to be subject to Corporations legislation.
Corporate reporting responsibilities of the Authority, particularly in regard
to board responsibility and financial matters, provided for under this Act
are considered sufficient to protect the interests of the State and public.
Clause 13 ensures that the Authority is a statutory body under the
Financial Administration and Audit Act 1977, and the Statutory Bodies
Financial Arrangements Act 1982, and refers to part 2B of the Statutory
Bodies Financial Arrangements Act 1982 with regard to how the
Authority's powers are effected. Part 2B of the Statutory Bodies Financial
Arrangements Act 1982 includes provisions about the exercising of powers,
general banking powers, borrowing and investment powers, relationships to
other parts of the Act and other Acts, acting as trustees or otherwise
holding property, the application of future laws to statutory bodies,
excluded matters for Corporations legislation and conditions precedent to
financial arrangements.
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Transport Operations (Translink Transit Authority) Bill 2008
Part 3 Functions and powers of
TransLink
Clause 14 provides that the Authority's main function is to give effect to
the purposes of the Act and perform particular duties in the TransLink area,
including:
� operational planning for the mass transit network;
� planning, purchasing and delivering integrated mass transit
services, including, for example, by coordinating the scheduling
of mass transit service modes. To achieve maximum efficiency in
the scheduling of mass transit services will require greater
control and the use of a common scheduling system. TransLink
will therefore build integrated scheduling capability for the mass
transit network for connectivity of transport services and
improved service delivery across the transit system;
� managing and maintaining infrastructure for the services,
including, for example, bus stops and on-road bus facilities;
� delivering and managing infrastructure that is critical for the
services;
� improving and expanding the range of mass transit services;
� establishing a single point of contact for customer service issues,
including, for example, the provision of service information and
complaints handling;
� managing the introduction of new technology to improve mass
transit services; for example real time passenger information and
the widespread use of new ticketing technology;
� improving the governance of mass transit services, with local
government, consumer and independent expert representations;
� managing service contracts and other contracts to ensure value
for taxpayers through performance-based incentives that promote
integrated mass transit services, on-time running, customer
service and minimising fare evasion;
� managing integrated ticketing, including, for example, by
developing fare products;
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Transport Operations (Translink Transit Authority) Bill 2008
� providing information to passengers;
� carrying out commercial activities related to mass transit services
to obtain revenue for the performance of its other functions.
Examples of commercial activities that TransLink may carry out
include the sale of advertising rights on TransLink facilities and
commercial arrangements for the application of new ticketing
technology;
� making recommendations to the Minister about fare strategies
and service levels;
� giving the Minister and other relevant officers such as the chief
executive information to help the development of plans and
strategies under other Acts relating to transport; and
� implementing Government policies for, or in association with,
other governmental agencies.
Further, this clause reinforces the Authority's complaints management role
for all customer service issues by making clear that once the Authority has
established a point of contact for customer service issues, no other operator
of any relevant mass transit service (provided for under an agreement
entered into by the Authority) can establish or continue with any similar
point of contact for the service.
This clause clarifies the terms "commercial activities" in this section to
mean commercial activities that are not within the ordinary functions of the
State; and commercial activities of a competitive nature, and the term
"relevant mass transit services" in this section to mean a mass transit
service provided for under an agreement entered into by the Authority in its
own right or as a delegate.
Clause 15 `General powers' provides the Authority with the powers
necessary or convenient to perform its functions, and enables the Authority
to acquire, hold, dispose of, and deal with, property; appoint agents and
attorneys; and engage consultants. Subject to sections 16 [Service
contracts] and 17(5) [Work performance arrangements], the Authority also
has the power to enter into contracts, joint ventures and other commercial
arrangements. For example, the Authority may choose to enter into
contracts to aid the fruition of commercial initiatives such as allowing
intellectual property held by the Authority (for example go card smartcard)
to be used for commercial gain. This could include expanding go card
smartcard capability to incorporate other purposes like banking as well as
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Transport Operations (Translink Transit Authority) Bill 2008
ticketing purposes. Other examples include entering into contracts for
promotional and marketing arrangements like advertising on transport
infrastructure and fleets, or in collaboration with locating outlets such as
newsagencies that connect with public transport infrastructure like train
stations.
Further, the Authority may do anything necessary or convenient (in the
performance of its functions) under this or another Act. In carrying out its
functions, the Authority may act alone or in conjunction with public sector
units, local governments, agencies or instrumentalities of the
Commonwealth and other entities. Under the Acts Interpretation Act 1954
`entity' includes `person or unincorporated body', by including the term
`other entities' this allows the Authority to enter into commercial activities
or arrangements with private sector organisations. The exercise of the
Authority's powers is subject to Ministerial direction.
Clause 16 prevents the Authority from entering (in its own right) into a
contract that is in the nature of a service contract, but provides that the
chief executive of the Authority can enter into service contracts, perform
functions or exercise powers for service contracts as the delegate of the
chief executive of the Transport Operations (Passenger Transport) Act
1994. It should be noted that as a delegate of the chief executive, this
provides the Authority with the power to enter and manage service
contracts in the TransLink area.
Clause 17 enables the Authority to engage services (through the employing
office) of staff it considers appropriate to perform its functions under a
work performance arrangement (a relevant arrangement). Matters that may
be provided for in a relevant arrangement include appointment,
authorisation of powers, and payment. The intent of this provision is to
make clear that a person performing work for the Authority under a
relevant arrangement is not an employee of the Authority and is an
employee of the TransLink Transit Authority Employing Office and public
servant under the Public Service Act 1996. This approach is consistent with
Division 7 section 34 of the Forestry Plantations Queensland Act 2006 and
does not limit the Authority's ability to engage consultants and contractors.
However, the Authority does not have power to employ a person directly if
that person performs work for the Authority under a relevant arrangement.
Clause 18 clarifies that the exercise of TransLink's powers is subject to
Ministerial directions.
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Transport Operations (Translink Transit Authority) Bill 2008
Part 4 TransLink's board
Division 1 Board membership
Clause 19 provides for the compilation of the board and is to consist of 7
persons (each a member of the board) made up of the chairperson, 4 other
members, and the chief executive officer of a local government whose area
includes the TransLink area and which substantially funds passenger
transport services in the area (these members are `appointed members')
and 1 non appointed member, the chief executive of the department in
which the Transport Operations (Passenger Transport) Act 1994 is
administered.
Clause 20 provides that appointed members are to be appointed by the
Governor in Council on a full-time or part-time basis, and clarifies that
appointed members are appointed under this Act and not the Public Service
Act 1996.
Clause 21 allows for appointment as an appointed member only if the
person meets specific criteria including that the person has extensive
knowledge of and experience in 1 or more of the following categories:
� the representation of the interests of customers of public
transport services;
� the representation of the interests of employees in the public
transport sector;
� transport coordination and operational planning;
� mass transit network planning;
� law, economics or accounting;
� social policy;
� customer relations;
� commercial and marketing development;
� has other knowledge and experience the Minister considers
appropriate.
An example of when the latter category may apply is the development of a
new transport system or service in a tourist area. The Minister may
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Transport Operations (Translink Transit Authority) Bill 2008
consider that the knowledge and experience in the area of tourism might be
beneficial to the membership of the board. This clause provides the
Minister with the flexibility to ensure competent representation across
evolving and emerging issues.
Clause 22 provides that subject to section 23 [Terms and conditions of
appointment], an appointed member holds office for the term stated in the
member's instrument of appointment, and the stated term must not be
longer than 5 years. This does not limit the application of the Acts
Interpretation Act 1954, section 25 which provides for the termination of a
person appointed to office without reason.
Clause 23 provides that an appointed member is paid the remuneration and
allowances decided by the Governor in Council, and holds office on the
terms and conditions decided by the Governor in Council.
Clause 24 provides that an appointed member may resign by signed notice
given to the Minister.
Clause 25 allows a board member who is a chief executive officer of a
local government to delegate their functions to an appropriately qualified
employee of the local government. However, the delegation can not be
given to a person who would otherwise be disqualified from being a
member (for example, if the person was an elected counsellor) or if they or
a close relative had a direct or indirect pecuniary interest that would be in
conflict with the proper performance in their role as member. Further, the
delegation cannot be given to an employee of the local government whose
local government functions would relate to TransLink's functions. In
particular, if the local government is an operator providing public
passenger services through service contracts managed by TransLink,
persons working in the area relating to the negotiation, entering,
management or operational performance of the contract or related
activities, and any person who has responsibility relating to these types of
functions would not be able to be delegated the board member's functions.
This clause aims to allow the chief executive officer the necessary
flexibility to ensure an appropriate person is able to fulfil their role on the
board, but ensures there are no conflicts of interest between the employees'
duties for the local government and their role on the TransLink board.
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Transport Operations (Translink Transit Authority) Bill 2008
Division 2 Meetings and other business of board
Clause 26 provides that a regulation may provide for how the board must
conduct its business, including its meetings, however, the Authority may
conduct its business, including its meetings, in the way it considers
appropriate.
Clause 27 enables the chairperson to decide the times and places of board
meetings, and places a requirement on the chairperson to call a meeting if
requested to do so (in writing) by at least two members. As well, this
clause sets a minimum requirement for meetings to be called at least once
in each quarter.
Clause 28 specifies that a quorum for a board meeting is more than half of
the number of members.
Clause 29 provides that the chairperson is to preside at all board meetings
at which the chairperson is present, and if not able to be present, must
choose the presiding member and advise the chief executive of the
department in which the Transport Operations (Passenger Transport) Act
1994 is administered. Otherwise, the presiding member is chosen by the
members present.
Clause 30 provides that the board may hold meetings, or allow members to
take part in its meetings, by using any technology allowing reasonably
contemporaneous and continuous communication between persons taking
part in the meeting. A person who takes part in a board meeting is taken to
be present at the meeting, and a decision at a board meeting must be a
majority decision of the members present. If there is an equality of votes
cast on a particular matter the chairperson makes the casting vote.
Clause 31 provides that a decision of the board that is made other than at a
board meeting, may be made only with the written agreement of a majority
of the members.
Clause 32 provides that the board must keep minutes of its meetings, and a
record of any decision made under clause 31 [Decisions outside meetings].
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Transport Operations (Translink Transit Authority) Bill 2008
Division 3 Miscellaneous provisions
Clause 33 provides protection for members from civil liability for an act
done, or omission made, honestly and without negligence under this Act or
a direction or a requirement under this Act. Instead, the civil liability
attaches to the State.
Part 5 Staffing
Division 1 Chief executive officer of TransLink
Clause 34 `Chief executive officer' provides for the appointment of the
chief executive officer of the Authority by the Governor in Council, and
requires the remuneration, allowances, and other terms and conditions
decided by the Governor in Council to be included in the instrument of
appointment. Only persons that are not disqualified persons can be
appointed as the chief executive officer. The chief executive officer is not a
public servant and must report to the board about the Authority's
operations.
Clause 35 `Acting chief executive officer' provides for the appointment of
an 'acting' chief executive officer by the Minister in certain circumstances
including where no chief executive officer has been appointed; or the office
is vacant; or the appointed chief executive officer is absent, or unwell. The
appointment ends if the Governor in Council appoints a chief executive
officer and the term of that appointment starts, or the Minister gives notice
that the chief executive officer has resumed duties.
Division 2 Employing office
Clause 36 establishes the TransLink Transit Authority Employing Office
as a separate entity to the Authority.
Clause 37 provides that the main function of the employing office is to
enter into work performance arrangements with the Authority under which
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Transport Operations (Translink Transit Authority) Bill 2008
employees of the employing office are to perform work for the Authority;
and employ, for the State, staff to perform work for TransLink under the
work performance arrangement.
Clause 38 clarifies that the employing office can employ staff and that the
staff are employed under the Public Service Act 1996. The intent of these
provisions is to adequately protect those who work for the employing office
from the scope of the Workplace Relations Act 1996.
Part 6 Directions, reporting and
information
Clause 39 `Ministerial directions or guidelines to TransLink' expands
existing Ministerial powers to enable the Minister to give the Authority
written directions and guidelines about the performance of its functions. A
Ministerial direction may prohibit the Authority from acquiring assets of a
particular type. The Authority will have the capacity to own minor assets
like ticketing machines and go card smartcard intellectual property and
may need to own bus stops, fleets and depots. The State will own major
assets such as busways and corridors. These provisions allow the Minister
to differentiate minor from major assets that the Authority seeks to own.
Clause 40 `Infrastructure project reporting' places a requirement on the
Authority to provide (at stated intervals and on written request) to the
Minister or a public service officer of a department or a stated person in a
stated Government entity, reports about infrastructure projects.
Clause 41 `Ministerial access to information' places a requirement on the
Authority to prepare, approve and provide to the Minister (when requested)
or a stated public service officer of a department or a stated person in a
stated Government entity, information or documents in the Authority's
possession. This provision enables the Minister to make reasonable
requests for relevant information that may assist with monitoring the
performance and activities of the Authority.
Clause 42 `TransLink network plan' places a requirement on the Authority
to provide to the Minister (at least once every four years) an approved
written network plan about funded improvements in mass transit services
and infrastructure for the TransLink area. The network plan can not be
implemented unless it has been approved by the Minister. In relation to
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Transport Operations (Translink Transit Authority) Bill 2008
major infrastructure enhancements emerging from the network plan,
Queensland Transport, (as sponsor), will continue to be responsible for
confirming transport mode, concept design and impact management
process and will lead the process to business case (with the Authority's
input) to secure funding for the project.
The Authority will have a formal role in the planning process through the
network plan and impact assessment process as the senior user
representative. This approach requires that, Queensland Transport as the
owner, and the Authority as the senior user, have a suitable governance
model in place to ensure the needs of customers are reflected in outcome
specifications and design requirements. This flow of planning is a logical
progression from broad to specific and ensures whole-of-government
outcomes are considered throughout the development of the project. This
arrangement is not dissimilar to that which exists between Queensland
Transport and QR Limited in regard to business case and funding
submissions for the South East Queensland Infrastructure Plan and
Program rail projects, and similar governance arrangements may need to be
established for the overall south east Queensland public transport
infrastructure program when the Authority commences.
Clause 43 `Fare strategies' places a requirement on the Authority to
provide to the Minister for approval a fare strategy for each 5 year period
(from commencement of the Authority), or for a shorter period if directed
by the Minister about recommendations to fares for mass transit services
under service contracts for the TransLink area. The fare strategy will
include cost indexation and will deal with a range of other matters
including options for the delivery of off-peak go card pricing, different
products as well as examining options relating to zone changes and
premium pricing. A fare strategy can not be implemented unless it has
been approved by the Minister. Once approved, the fare strategy could
facilitate regular approvals of fare increases by the Minister. The fare
strategy will be developed with state policy settings embedded, for
example concessional fares.
Clause 44 `System performance reports' places a requirement on the
Authority to provide to the Minister (at quarterly intervals or more
frequently) for approval a report about the performance of its functions in
addressing mass transit service issues including customer complaints
management reporting; patronage reporting; service faults and
rectification; safety; contractual issues and revenue and expenditure
reporting.
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Transport Operations (Translink Transit Authority) Bill 2008
Clause 45 `Annual report' places a requirement on the Authority to provide
to the Minister (as soon as practicable after the end of each financial year
but within 2 months) an approved report about the performance of its
functions. The report must include details about its performance in
comparison to expectations under the network plan, and include copies of
any Ministerial directions issued by the Minister. The Minister must table
the report in the Legislative Assembly within 14 sitting days. These
provisions do not limit or affect the Authority's obligations for reporting
under the Financial Administration and Audit Act 1977.
Clause 46 `Provisions for making plan or recommendation to Minister'
applies if the Authority proposes to make a network plan (or other plan or
recommendation) to the Minister and provides that the plan or
recommendation must (as far as practicable) be consistent with existing
strategies, plans and programs relating to the TransLink area, contractual
liabilities of the State of which the board is aware, and must be responsive
to customer needs, provide value for money, promote efficiency and
include performance indicators (if it is a plan).
Part 7 Special events
Clause 47 `Declaration of special events' allows TransLink to declare an
event within the TransLink area as a "special event" in limited
circumstances including where there are expected to be at least 5000
participants or spectators at the event and either there would be significant
road closures or bus stop relocations required to manage the provision of
mass transit services, or the provision of the mass transit services is likely
to rely on an increased use of vehicles or facilities funded or managed by
TransLink. TransLink will publish the declaration on its website or in a
newspaper circulating in the TransLink area. This clause, and the
following clauses relating to special events, ensure TransLink is able to
monitor and control how the provision of mass transit services to and from
special events will impact on TransLink. This includes whether TransLink
funded vehicles and facilities will be used and whether there will be
consequences for other TransLink services through road closures or bus
stop relocations.
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Transport Operations (Translink Transit Authority) Bill 2008
Clause 48 `Coordination power for mass transit services to special events'
clearly states that TransLink has a coordination role in the provision of
mass transit services to and from special events.
Clause 49 `TransLink approval required for special event services' creates
an offence for a person to enter into or perform a contract or arrangement
for the provision of mass transit services to or from a special event in the
TransLink area without TransLink's written approval. The maximum
penalty is 200 penalty units. To support this provision, the clause also
indicates that a contract or arrangement made or entered into without
TransLink's written approval has no effect to the extent of the
contravention. Importantly, clause 57 allows a transitional period of 12
months for existing contracts and arrangements to allow operators or event
organisers to seek approval from TransLink.
Clause 50 `Special event approvals' allows TransLink to issue written
approvals about the provision of mass transit services for special events on
its own initiative and in relation to specific types of mass transit services or
special events or for a type of mass transit service or special event. These
approvals may be published on the website or in a newspaper circulating
within the TransLink area. This clause allows TransLink to anticipate
events and types of mass transit services that are not of particular concern
in that they do not have significant negative implications for TransLink's
ability to coordinate and provide its services. In addition, a prior approval
of an event means operators and event organisers are not inconvenienced by
needing to seek approval.
This clause also allows TransLink to impose conditions on an approval, and
can include (that before the special event approval applies) a requirement to
pay TransLink a contribution to TransLink's costs of coordinating the
relevant mass transit services. This clause is designed to address situations
where TransLink funded and branded vehicles and facilities, such as
ticketing facilities, are being used without notification to TransLink,
involvement from TransLink or compensation for TransLink for their
contribution to the provision of services for the event. In addition, the
clause aims to give TransLink the ability to issue conditions to protect the
Authority's reputation and to ensure other services under their mandate are
not compromised.
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Transport Operations (Translink Transit Authority) Bill 2008
Part 8 Miscellaneous provisions
Clause 51 `Request for information from prospective appointees' applies if
a person is being considered for appointment as an appointed member or
the chief executive officer, and provides that the Minister may request a
written statement from the person about whether they are a disqualified
person, and if they (or a close relative) have any direct or indirect pecuniary
interests that would conflict with their performance if appointed. These
provisions set a maximum penalty for giving a false or misleading
statement to the Minister of 100 penalty units.
Clause 52 `Criminal history report about appointee or prospective
appointee' applies to a member, chief executive officer, or a person who is
being considered for appointment as a member or chief executive officer,
and provides that the Minister may ask the commissioner of the police
service for a report about a person's criminal history. If the Minister is
asking for a criminal history report for a person who is being considered
for appointment as a member or chief executive officer, consent must first
be obtained from the person, otherwise no consent is required. The usual
safeguard of destruction of the report applies. The need for such reports to
extend to all offences is justified by the legitimate need for the board to
maintain public confidence. A key function of the board includes being
accountable for the performance of the Authority which will be under
intense scrutiny from within the Government and the public. For example,
it would not be appropriate for a member of the board to be convicted of a
minor offence such as public transport fare evasion as this could erode
public confidence in these offices.
Clause 53 `Disclosure of disqualification by appointees' applies to a
person who is an appointed member or the chief executive officer, and
provides that the person must (as soon as practicable) notify the Minister if
the person becomes a disqualified person. This provision sets a maximum
penalty for non compliance of 100 penalty units.
Clause 54 `Disclosure of conflicts of interests by appointees' applies if a
member or the chief executive officer has a close relative that has a direct
or indirect pecuniary interest that conflicts (or may conflict) with the
performance of their functions, and provides that they must (as soon as
practicable) disclose the information to the board or the Minister and sets a
maximum penalty for non compliance of 100 penalty units. Further, if the
matter is being or about to be considered by the board, the member must
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Transport Operations (Translink Transit Authority) Bill 2008
not partake in the consideration of the matter. The penalty for non
compliance is also 100 penalty units.
Clause 55 `Delegations by TransLink' allows the Authority to delegate its
functions or powers to a member, the chief executive officer, or an
appropriately qualified person, except in relation to requirements to
approve a document to be given to the Minister under clauses 42
(TransLink network plan), 43 (Fare strategies), 44 (System performance
reports), and 45 (Annual report). A member other than an appointed
member (that is the chief executive of the department in which the
Transport Operations (Passenger Transport) Act 1994 is administered may
delegate a members functions to an appropriately qualified public service
officer.
Clause 56 `Regulation making power' enables the Governor in Council to
make regulations under this Act.
Part 9 Transitional provisions
Clause 57 minimises the impact on existing contracts and enables existing
contracts that are in place prior to commencement of section 49 to continue
for 12 months from the commencement of this provision.
Currently, promoters of special events contract with operators to deliver
mass transit services for large events at facilities like the Gabba and
Suncorp Stadium for payment of fee. Clause 49 provides the Authority
with power to coordinate the provision of mass transit services to and from
special events and effectively prevents a person from entering into or
performing under a contract or arrangement to provide mass transit
services for special events without written approval from the Authority.
Clause 58 `Novation of particular operational contracts to TransLink'
applies to contracts to be carried over to the Authority to which the State is
a party (including manifestations of the State such as the TOPTA Act
department, and the former unincorporated body known as Translink)
before commencement of this section, and provides that, despite any
provision in the contract, the Authority is a party to the contract instead of
the State and assumes the rights and liabilities of the State. All references
in a contract to the State are taken to be references to the Authority, and all
changes are taken to have been made. These provisions make clear that the
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Transport Operations (Translink Transit Authority) Bill 2008
novation of contracts to the Authority does not discharge or affect the
contract or its performance, nor does it fulfil any condition allowing for
termination or release from the contract, or a liability under it. This clause
clarifies that in this section, the term contracts includes a deed or other
instrument under which a guarantee, indemnity or other form of surety that
is given. In addition, the term contracts in relation to the performance of a
function of TransLink includes a guarantee, indemnity or other form of
surety that is given for the performance of the function. The provision does
not adversely impact on the interests of any other party. The novation of
operational contracts from the State to the Authority is merely a name
change and none of the conditions or obligations or liabilities under the
contracts will change beyond name substitution.
Clause 59 `Existing service contracts not affected' makes clear that the
enactment of this Act does not, of itself, alter or in any way affect a service
contract.
Clause 60 `Transfer of particular State assets and liabilities to TransLink'
enables the Minister to prepare a register of assets and liabilities of the
State that are to be transferred to the Authority. The register has effect
upon approval under a regulation. Upon approval the assets and liabilities
become assets and liabilities of the Authority. Nobody's interests are
adversely affected by the transfer of liabilities. The Authority will have
sufficient funds and assets to honour any financial obligations or liabilities
that are brought about through the transfer of liabilities.
Clause 61 `Registration of transferred assets' applies to the registrar of
titles (meaning a public official or authority responsible for registering title
to land, or dealings affecting land) or another person responsible for
keeping a register for an asset that becomes an asset of the Authority under
section 60(3)(a), and places a requirement on the registrar or person to
record a transfer of an asset to the Authority, if asked to, and on payment of
a fee.
Clause 62 `References to former body known as Translink' clarifies that a
reference in a document to the former body known as 'Translink' that
formed part of the department in which the Transport Operations
(Passenger Transport) Act 1994 is administered, is taken to be a reference
to TransLink (the Authority).
Clause 63 `Existing industrial instruments that bind employing office'
provides that (on commencement of this section) the employing office is
taken to be bound by the industrial instruments under the Industrial
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Transport Operations (Translink Transit Authority) Bill 2008
Relations Act 1999 that apply to public service employees whose
employment is carried out in the Transport Operations (Passenger
Transport) Act 1994. These provisions protect employees of the employing
office from the scope of the Workplace Relations Act 1996.
Part 10 Amendment of Public Service
Act 1996
Clause 64 amends the Public Service Act 1996.
Clause 65 inserts a new item 12 in schedule 1 to enable the TransLink
Transit Authority Employing Office to operate as a public service office
under this Act and to enable the chief executive officer of the Authority to
perform the role of head of office.
Part 11 Amendment of Transport
Infrastructure Act 1994
Clause 66 amends the Transport Infrastructure Act 1994.
Clause 67 `Amendment of s 6 (Contents of transport infrastructure
strategies)' amends section 6(4). This section provides for transport
infrastructure strategies for the South East Queensland Transit Authority
area (under the Transport Planning and Coordination Act 1994) to be
consistent with and give effect to any integrated regional transport plan in
force for the area. While the South East Queensland Transit Authority is
now a defunct entity (dissolved and discontinued by Government decision
in 1996), the requirement still needs to apply to transport infrastructure
strategies for the TransLink area. The amendment omits the term South
East Queensland Transit Authority area, and inserts `TransLink area' to
ensure the requirement applies.
Clause 68 `Amendment of s 20 (Transport GOCs)' makes minor wording
changes to ensure that in preparing a corporate plan or a statement of
corporate intent, QR Limited and each port authority must take into
account the transport infrastructure strategies and any network plans of the
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Transport Operations (Translink Transit Authority) Bill 2008
TransLink Transit Authority under the Transport Operations (TransLink
Transit Authority) Act 2008.
Part 12 Amendment of Transport
Operations (Passenger
Transport) Act 1994
Clause 69 `Amendment of Transport Operations (Passenger Transport)
Act 1994' amends the Transport Operations (Passenger Transport) Act
1994.
Clause 70 inserts a new chapter 5A (Essential public transport
infrastructure). This new chapter provides for infrastructure, critical to the
transport network and the continuity of public transport services, to be
deemed essential infrastructure. This chapter will ensure public transport
infrastructure that is already part of the transport network (or is identified
by the Minister as needing to be part of the transport network) but is not
owned by the Queensland Government (such as bus interchanges -
including access to the interchange, depots, transit centres and the Bulimba
ferry terminal) retains its infrastructure function.
Section 36A (Declaration of essential public transport infrastructure)
allows certain infrastructure to be "essential public transport
infrastructure". It states that essential public transport infrastructure can
only be declared by the Minister and must be part of the State's transport
network and essential to the continuity of public passenger services. It also
requires essential public transport infrastructure to be declared in the
subordinate regulation, and that any declaration must identify the
infrastructure and the relevant passenger transport service.
Section 36B (Chief executive's power to give direction about use of
essential public transport infrastructure) provides the basis on which the
chief executive can give a direction in relation to a piece of essential public
transport infrastructure.
Section 36C (Persons bound by essential infrastructure direction) defines
who the essential infrastructure declarations will apply to, while section
36D (Failure to comply with essential infrastructure direction) sets a
maximum penalty for non-compliance at 1665 penalty units ($124,875).
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Transport Operations (Translink Transit Authority) Bill 2008
Section 36E (Record of essential infrastructure direction in land registry)
requires the chief executive to give the registrar a copy of the essential
infrastructure direction. The registrar must keep a record of the direction in
a way that a search of any register kept by the registrar will show that the
direction has been given. Further, if the direction is amended or repealed,
the chief executive must notify the registrar of the change.
Section 36F (Compensation) provides for the owner of the essential
infrastructure to be compensated for costs incurred by complying with the
direction. Compensation would not be given for (a) loss of income or
profit for any use of the infrastructure other than that required to be allowed
under the direction, and (b) diminution in the value of the infrastructure or
land related to the infrastructure because of the direction. If the chief
executive and owner cannot agree on the amount of compensation, the Bill
allows for an arbitrator to be appointed.
Section 36G (Chief executive's power to decide matters about rail safety
unaffected) clarifies section 139 of the Transport Infrastructure Act 1994
still applies, despite any existence of an essential infrastructure direction.
Section 139 allows the chief executive access to privately owned rail
infrastructure for the purpose of assessing safety issues involved in other
parties using the infrastructure.
Clause 71 amends section 39 to remove a reference to long distance
passenger services which has been made redundant as a consequence of the
amendment to the definition of a scheduled passenger service (clause 100
refers).
Clause 72 inserts a requirement for the chief executive to consider
submissions from existing operators before making a declaration under
section 42. Under this provision, the chief executive must give existing
operators written notice of the proposal, provide them with a reasonable
opportunity to make submissions and consider any submissions received.
Clause 73 inserts section 42B (Amendment of service contract area or
route). This section provides the ability to amend an existing service
contract area or route if the chief executive is satisfied the amendment is
necessary (a) to extend the service into developing areas, (b) because of
changed traffic conditions, (c) for public safety or (d) to improve the
service in the public interest. It also requires the chief executive to give
existing operators written notice of the proposal, provide them with a
reasonable opportunity to make submissions and consider any submissions
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Transport Operations (Translink Transit Authority) Bill 2008
received. These provisions will apply to service contract areas or routes
both within the TransLink area and outside the TransLink area.
Clause 74 extends the discretion currently available to the chief executive
to allow non-contracted operators to provide services under a written
agreement within a TransLink service contract area to any service contract
area. It also limits the chief executive's extended discretion under
subsection 43(1) to take account of the exclusive rights held by service
contract holders outside the TransLink area.
Clause 75 exempts service contracts with a term of less than two years
from the requirement for a midterm review. This exemption previously
only applied to emergency service contracts.
Clause 76 omits section 54 which has been made redundant by the
amended definition of a scheduled passenger service (clause 100 refers).
Clause 77 amends the heading to chapter 6, part 2, division 2 to reflect a
generic amendment throughout this division that replaces scheduled
passenger service and public passenger service with the new term general
route service. This change has been made to take into account the changes
to these terms in schedule 3 (Definitions). Refer to clause 100.
Clause 78 replaces the term scheduled passenger service with the term
general route services, other than TransLink service contracts in
accordance with the revised definitions (refer to clause 95).
Clause 79 replaces the terms scheduled passenger service and public
passenger service with the term general route service in accordance with
the revised definitions (refer to clause 95).
Clause 80 replaces the term scheduled passenger service with the term
general route service in accordance with the revised definitions (refer to
clause 100).
Clause 81 replaces the term scheduled passenger service with the term
general route service in accordance with the revised definitions (refer to
clause 100) and for clarity, the term holder with the term operator.
Clause 82 makes a minor change to section 59 to reflect the amendment to
section 60 (as per clause 83).
Clause 83 replaces the current section 60 with a new section 60 (Service
contract for amended service contract area or route). This section allows
the chief executive to amend a service contract to take into account any
changes (made under section 42B) to the relevant service contract area or
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Transport Operations (Translink Transit Authority) Bill 2008
route. To make such changes, the chief executive must give existing
operators written notice of the proposal, provide them with a reasonable
opportunity to make submissions and consider any submissions received.
Clause 84 makes minor word changes to clarify the terminology being
used.
Clause 85 omits the reference to a prescribed school service contract in
section 62. This reference has been made redundant as a consequence of
amendments to the definition of a scheduled passenger service (clause 100
refers).
Clause 86 makes a minor word change to the heading to chapter 6, part 2,
division 2AA to reflect a generic amendment throughout this division by
replacing Translink with TransLink.
Clause 87 omits the purpose of Division 2AA. The purpose has been made
redundant by the establishment of the TransLink Transit Authority under
the Transport Operations (TransLink Transit Authority) Act 2008.
Clause 88 amends the heading of section 62AAC by replacing the term
Translink with TransLink. It also amends subsection 62AAC(1) to align the
section with the function of the TransLink Transit Authority under the
Transport Operations (TransLink Transit Authority) Act 2008. While
subsection 62AAC(2) is amended to replace the term scheduled passenger
service with general route service.
Clause 89 inserts section 62AACA (Entering into a TransLink service
contract) that applies the provisions of the existing section 62AAG to
service contract areas or routes newly declared in the TransLink area under
section 42. This clause provides the same process for entering into both
TransLink and non-TransLink contracts.
Clause 90 makes minor word changes to replace the terms Translink with
TransLink and scheduled passenger service with general route service.
Clause 91 makes minor word changes to replace the terms Translink with
TransLink and scheduled passenger service with general route service.
Clause 92 makes a minor word change to replace the term Translink with
TransLink.
Clause 93 replaces the existing section 62AAG with a new section 62AAG
(Service contract for amended service contract area or route). The new
section 62AAG mirrors the provisions of the old section but in respect of
service contract areas and routes amended under the new section 42A. This
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Transport Operations (Translink Transit Authority) Bill 2008
clause provides the same process for entering into both TransLink and
non-TransLink contracts.
Clause 94 amends section 62AAH to take account of new section
62AACA.
Clause 95 makes a minor word change to replace the term Translink with
TransLink.
Clause 96 omits section 62AB in its entirety. This section relates to
contracts made using the transitional provisions that enabled the initial
Translink contracts to be put in place. As the provisions only related to
contracts made before 6pm on 25 June 2004, this section is now obsolete.
Clause 97 makes minor amendments to section 62AD to omit references to
the transitional provisions omitted in clause 96.
Clause 98 makes minor amendments to section 62AE to omit references to
section 62AB (refer to clause 96).
Clause 99 makes minor amendments to section 62AE to omit references to
section 62AB (refer to clause 96).
Clause 100 omits chapter 13, part 1A, division 2 in its entirety. This part
contains transitional provisions that enabled the initial Translink contracts
to be put in place. As the provisions only related to contracts made before
6pm on 25 June 2004, this section is now obsolete.
Clause 101 inserts part 5 in chapter 13 and provides a transitional
arrangement to allow a service contract made under a declaration to
provide a scheduled passenger service or a long distance scheduled
passenger service prior to the commencement of the Transport Operations
(TransLink Transit Authority) Act 2008 (the Act) to apply after the Act
commences. Such service contracts will be a service contract to provide a
general route service.
Clause 102 amends schedule 2 (Reviewable decisions) to allow decisions
about essential infrastructure (made pursuant to new section 36B) to be
reviewed in a District Court.
Clause 103 removes schedule 2A (Particular service contracts in SEQ
area). This schedule has been moved to the Transport Operations
(TransLink Transit Authority) Act 2008.
Clause 104 amends schedule 3 to clarify and give better effect to the
statutory market entry restriction that applies to urban bus services and
which is essential to protecting the revenue stream of the TransLink Transit
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Transport Operations (Translink Transit Authority) Bill 2008
Authority. In particular, the definition of a scheduled passenger service is
amended to remove loopholes in the existing definition. It is replaced with
the definition of a general route service to more effectively define the
sub-category of scheduled passenger services to which the market entry
restriction is intended to apply. In addition to "a scheduled passenger
service available to the public for general purposes", the definition of a
general route service includes a `subscription service` which is a scheduled
passenger service available to any person if the person pays a subscription
or a membership fee that is paid principally for the service. Other new
definitions have been inserted to make clear the nature and scope of these
two important definitional changes. Certain existing definitions, which
have been made redundant as a consequence, are also omitted.
Part 13 Amendment of Transport
Operations (Road Use
Management) Act 1995
Clause 105 amends the Transport Operations (Road Use Management) Act
1995 in part 13.
Clause 106 `Amendment of s 8 (Contents of strategies)' amends section
8(4). This section provides for road use management strategies for the
South East Queensland Transit Authority area (under the Transport
Planning and Coordination Act 1994) to be consistent with and give effect
to any integrated regional transport plan in force for the area. While the
South East Queensland Transit Authority is now a defunct entity (dissolved
and discontinued by Government decision in 1996), the requirement still
needs to apply to road use management strategies for the TransLink area.
The amendment omits the term South East Queensland Transit Authority
area, and inserts 'TransLink area' to ensure the requirement applies.
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Transport Operations (Translink Transit Authority) Bill 2008
Part 14 Amendment of Transport
Planning and Coordination Act
1994
Clause 107 amends the Transport Planning and Coordination Act 1994 in
part 14.
Clause 108 `Amendment of s 3 (Definitions) makes minor wording
changes, and amends section 3 to remove definitions pertaining to the
defunct South East Queensland Transit Authority and the South East
Queensland Transit Authority area, and long distance scheduled passenger
services.
Clause 109 removes section 6(b) which requires transport coordination
plans not to be inconsistent with any integrated regional transport plan for
the South East Queensland Transit Authority area. Integrated regional
transport planning is a function undertaken by the chief executive in which
the Transport Operations (Passenger Transport) Act 1994 is administered.
Clause 110 removes section 8C(3)(b) which enabled the chief executive to
identify a route used for a long distance scheduled passenger service to
which a code for Infrastructure Development Assessment Schemes applies.
Clause 111 removes Part 3 which are defunct provisions pertaining to the
South East Queensland Transit Authority that are no longer utilised. The
South East Queensland Transit Authority was established in 1995 and
dissolved by Government decision and discontinued in 1996. This
Authority is a defunct entity and nobody's interests are affected by its
formal dissolution.
Clause 112 amends Part 4 to insert a new section 22 to provide for the
chief executive's coordination and strategic planning functions. The
insertion of this clause is to make clear that these functions (previously a
responsibility of the South East Queensland Transit Authority) to
coordinate strategic planning, the operation of integrated transport systems,
and integrated regional transport planning are functions performed by the
chief executive of Queensland Transport.
Clause 113 amends section 37(1) to remove references to the chief
executive of the South East Queensland Transit Authority which is a
defunct entity.
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Transport Operations (Translink Transit Authority) Bill 2008
Schedule 1 Service contract areas or routes for
the TransLink area
Schedule 1 provides the service contract areas or routes for the TransLink
area (7(1)(a)):
� Arana Hills, Albany Creek and Dayboro-Petrie service contract
area/route;
� Bribie Island and Bribie Island-Caboolture service contract
area/route;
� Brisbane service contract area/route;
� Burbank/McKenzie service contract area/route;
� Caboolture service contract area/route;
� Camira/Springfield and Wacol Railway Station to Inala Plaza via
Carole Park, Ellengrove, Forest Lake and Doolandalla service contract
area/route;
� Cleveland/Redland Bay service contract area/route;
� Deception Bay/Narangba service contract area/route;
� Gold Coast service contract area;
� Gold Coast-Coomera service contract area;
� Ipswich/Goodna service contract area;
� Logan service contract area;
� Park Ridge and Beaudesert-Brisbane service contract area/route;
� Ormeau-Beenleigh service contract route;
� Redcliffe, Kallangur, Petrie and Redcliffe-Brisbane service contract
area/route;
� Samford Valley-Ferny Grove service contract route Strathpine and
Murrumba Downs service contract area/route;
� Sunshine Coast service contract area; and
� Sunshine Coast service contract area no. 2'.
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Transport Operations (Translink Transit Authority) Bill 2008
Schedule 2 Dictionary
The Dictionary defines the following terms in the Act:
appointed member holds the definition described in section 19;
appropriately qualified, in relation to a delegated function or power,
includes having the qualifications, experience or standing to perform the
function or exercise the power. Example of standing is a person's
classification level in the public service;
board means the board of TransLink;
chairperson means the chairperson of TransLink;
chief executive officer means the TransLink's chief executive officer,
appointed under section 34;
close relative, of a person, means the person's spouse; or parent or
grandparent; or brother or sister; or child or grandchild;
conviction includes a finding of guilt or the acceptance of a plea of guilty
by a court, whether or not a conviction is recorded;
disqualified person means--
(a) a party to a contract as follows (a relevant contract--
(i) a service contact relating to the TransLink area;
(ii) a contract with TransLink relating to a public transport system; or
(b) a person who, under the Corporations Act, is a related entity of a body
corporate that is a party to a relevant contract; or
(c) an employee of a party to a relevant contract, unless the party is a Local
Government. Excluding local government employees from this
disqualification criteria, allows the chief executive officer of a local
government that also has contracts with TransLink, to delegate their board
member functions to an employee. However, clause 25 ensures the
employees' functions for the local government would not relate to any of
TransLink's functions; or
(d) a member of the Legislative Assembly, or of a Parliament of the
Commonwealth or another State; or
(e) a councillor of a local government; or
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Transport Operations (Translink Transit Authority) Bill 2008
(f) a person who has been convicted of an indictable offence; or
(g) a person who is or has been an insolvent under administration under the
Corporations Act, section 9; or
(h) a person who is disqualified from managing corporations under the
Corporations Act, part 2D.6;
employing office means the TransLink Transit Authority Employing
Office established under section 36;
general route service see TOPTA, schedule 3;
government entity see the Public Service Act 1996, section 21;
mass transit network see section 8;
mass transit services means general route services for the carriage of large
numbers of passengers;
member see section 19;
Ministerial direction see section 39;
network plan means a network plan given to the Minister under section
42;
notice means a notice in writing;
service contract see TOPTA, section 38;
special event means an event the subject of a declaration under section 47;
TOPTA means the Transport Operations (Passenger Transport) Act 1994.
TOPTA department means the department in which TOPTA is
administered;
TOPTA chief executive means the chief executive of the TOPTA
department;
TransLink means the TransLink Transit Authority, established under
section 9;
TransLink area see section 7; and
work performance arrangement means an arrangement under which an
employee of a Government entity performs work for another Government
entity.
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� State of Queensland 2008