From: Mary Weaver Sent: Wednesday, 21 June 2017 10:41 AM To: Infrastructure, Planning and Natural Resources Committee <IPNRC@parliament.qld.gov.au> Cc: Subject: Infrastructure, Planning and Natural Resources Committee -- Questions taken at the departmental briefing on the Transport and Other Legislation Amendment Bill 2017 Attached are the responses to questions taken at the departmental briefing on the Transport and Other Legislation Amendment Bill 2017. Please note, for questions 1 and 3, there are also attachments included. In addition, we would like to provide some additional information to the Committee regarding the numbers of proof of age cards issued by the Department. This was raised during the Committee hearing. Number of Proof of Age Cards The Committee enquired as to the number of Adult Proof of Age Cards that have been issued. Department of Transport and Main Roads records show that in total there have been over 710,000 18+ Cards and Adult Proof of Age Cards issued in Queensland. The Department started issuing Adult Proof of Age Cards in 2010. As at 15 June 2017 there are 207,942 active Adult Proof of Age Cards. Thank you for opportunity to provide this additional information. If the Committee requires any further information, please let me know. Regards A/CLLO and Director, Executive Services Governance Branch | Department of Transport and Main Roads ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
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Question on Notice
Infrastructure, Planning and Natural Resources Committee 14 June 2017
Transport and Other Legislation Amendment Bill 2017
Asked on 14 June 2017
The Infrastructure, Planning and Natural Resources Committee asked the Department of Transport and Main Roads ― QUESTION: In regard to the definition of infectious substances, please provide a copy of UN division 6.2 as referred to in clause 58 of the Bill. ANSWER: Clauses 58 and 79 of the Transport and Other Legislation Amendment Bill 2017 make a minor amendment to legislation governing the transportation of infectious substances. The amendment removes any technical argument that an exemption available for the transport of small quantities of dangerous goods could also be available for the transport of infectious substances. The amendment is not expected to have any impact on operators within the industry as they are already complying with the desired requirements. Infectious substances are referred to in clauses 58 and 79 of the Bill. They are identified by reference to UN division 6.2 which is the United Nations classification for infectious substances. Division 6.2 from the Recommendations on the Transport of Dangerous Goods—Model Regulations (the UN Model Regulations) produced by the United Nations Subcommittee of Experts on the Transport of Dangerous Goods is attached. The definition of infectious substances in the attachment provides that infectious substances are substances which are known or are reasonably expected to contain pathogens. Pathogens are defined as micro-organisms (including bacteria, viruses, rickettsiae, parasites, fungi) and other agents such as prions, which can cause disease in humans or animals. This definition and the classification of infectious substances in the attachment are replicated in the Australian Code for the Transport of Dangerous Goods by Road & Rail (Section 2.6.3 through to 2.6.3.6.2). This code must be complied with by all those involved in the transportation of dangerous goods by road or rail in Australia.
Question on Notice
Infrastructure, Planning and Natural Resources Committee 14 June 2017
Transport and Other Legislation Amendment Bill 2017
Asked on 14 June 2017
The Infrastructure, Planning and Natural Resources Committee asked the Department of Transport and Main Roads ― QUESTION: Please provide details of any consultation undertaken on the Bill’s amendments, including any consultation undertaken by the National Transport Commission on the transport of dangerous goods ANSWER: Photo Identification Cards (various clauses) The amendments will allow a photo identification card to be issued for those aged 15 and over. It is an additional optional form of identification which is virtually an extension of the existing adult proof of age card and not a totally new product. Adult proof of age cards and 18+ cards will continue to be recognised as evidence of identity documents in the community. As there are no negative impacts expected as a result of these changes, and as uptake of the card is entirely voluntary, no public consultation has been undertaken up to this point. Consultation has been undertaken with the Office of Regulatory Policy (ORP), the Office of Liquor and Gaming Regulation (OLGR) and the Office of Fair Trading (OFT) within the Department of Justice and Attorney-General. ORP advised that OLGR and OFT may partner with the Department of Transport and Main Roads in getting the information out to stakeholders, such as liquor licensees and the security provider industry. OFT advised it has no issues with the changes because its operations will not be impacted. OLGR advised that it supports the changes and that the lead-in time will allow for communication of the changes to industry. It intends to work with the Department of Transport and Main Roads on implementation. The Queensland Police Service was also consulted and raised no concerns in relation to the proposed changes. Further, consultation will take place with other government agencies, including the Department of Health, as part of the implementation phase. Prior to the commencement of the changes, information will be provided to industry groups, including the Queensland Hotels Association and Australian Retailers Association. Public engagement and notification will also be undertaken during the implementation phase to advise the general public of the changes.
Amendments to dangerous goods legislation in clauses 58 and 79. Legislation governing the transportation of dangerous goods by road and rail in Queensland is based on nationally-developed model legislation for adoption by state jurisdictions. The amendments in clauses 58 and 79 are based on a nationally-agreed amendment to the model legislation. Public consultation was conducted by the National Transport Commission (NTC) during the preparation of the equivalent amendment to the national model legislation. This was done through the publication on the NTC’s website as part of a package of amendments to the national model legislation. This publication sought public submissions between 6 August 2013 and 2 September 2013. The NTC document Explanation of Transport of Dangerous Goods Laws Amendment Package No. 2 September 2013 (available at www.ntc.gov.au) did not record any public submissions being received in relation to the amendment that is being adopted in clauses 58 and 79. The amendment clarifies that infectious substances are not intended to be captured by the exemption relating to the carriage of small quantities of dangerous goods. As this is simply an amendment to clarify existing requirements and reflect operational practice, industry will not be impacted by the amendment. This is because the rules for the transportation of infectious substances are already well understood across industry and there is no evidence of non-compliance with those rules. Given the consultation undertaken by the NTC, no Queensland-specific public consultation was undertaken. Amendment to the Transport Security (Counter-Terrorism) Act 2008 in clause 97 In addition, external consultation was not considered necessary for the proposed amendment to section 61 of the Transport Security (Counter-Terrorism) Act 2008 (the Act) as the Department of Transport and Main Roads procured PricewaterhouseCoopers Australia (PwC) to conduct a review of the Act in 2013, and prepare a report to be tabled in Parliament. The purpose of the 2013 PwC review of the Act was to assess the implementation of the Act, and the effectiveness and efficiency with which it achieves its objectives, namely to reduce the risks arising out of terrorist acts against Security-Identified Surface Transport Operations (SISTOs). As part of the regulatory review process, PwC conducted targeted consultation with relevant surface transport operators, industry bodies and representatives from federal and Queensland Government agencies. Consultation was used to inform the assessment of the benefits and costs associated with the operation of the Act. The PwC report recommended that the Act be further reviewed in five years’ time to ensure it continues to achieve its objectives in the most efficient way. The remaining amendments in the Bill No public consultation was undertaken for the remaining amendments as there are no adverse impacts on the public. This is because the remaining amendments are:
- clarifications of existing legislative provisions; - administrative or technical in nature; - consequential on other pieces of legislation; or - removing redundant provisions.
Question on Notice
Infrastructure, Planning and Natural Resources Committee 14 June 2017
Transport and Other Legislation Amendment Bill 2017
Asked on 14 June 2017
The Infrastructure, Planning and Natural Resources Committee asked the Department of Transport and Main Roads ― QUESTION: Please provide background information on the relationship between federal and state legislation in regard to the transportation of dangerous goods. ANSWER: Clauses 58 and 79 of the Transport and Other Legislation Amendment Bill 2017 make a minor amendment to legislation governing the transportation of infectious substances. The amendment removes any technical argument that an exemption available for the transport of small quantities of dangerous goods could also be available for the transport of infectious substances. The amendment is not expected to have any impact on operators within the industry as they are already complying with the desired requirements. The transportation of dangerous goods goes across different modes of transport including road, rail, air and sea. It is only the transportation of dangerous goods by road and rail which is governed by state legislation. The other modes of transport are governed by federal legislation. The United Nations Economic Council’s Committee of Experts on the Transport of Dangerous Goods has developed the UN Recommendations on the Transport of Dangerous Goods (UN Model Regulations). The UN Model Regulations define the various classes, list the principal dangerous goods and specify the testing, packing, labelling, placarding and transport documentation requirements. Regulation of the transportation of dangerous goods in Australia by road, rail, air and sea draws upon the UN Model Regulations. The amendments contained in clauses 58 and 79 of the Bill are based on amendments to nationally-developed model legislation for the transportation of dangerous goods by road and rail. The National Transport Commission document, Explanation of Transport of Dangerous Goods Laws Amendment Package No. 2 2013, provides an outline of the amendments in that package. The ‘Forward’ to that document is attached. As stated in the attachment, the nationally-developed model legislation on which Queensland dangerous goods legislation is based, is in turn ‘heavily based’ on the UN Model Regulations. As indicated above, these UN Model Regulations cover the transportation of dangerous goods generally, including by road, rail, air and sea. As also stated in the attachment, during the development of the national amendments, representatives from organisations responsible for regulating dangerous goods transport by air and sea were also involved.
The Department of Transport and Main Roads therefore has confidence that the development of the rules relating to the transport of dangerous goods by road and rail in Queensland has been done in an integrated manner. Specifically, the development has taken into account intermodal transport considerations.