Transport Operations (Road Use Management—Accreditation and Other Provisions) Amendment Regulation (No. 1) 2010 (Qld)

Queensland Transport Operations (Road Use Management—Accreditation and Other Provisions) Amendment Regulation (No. 1) 2010 Subordinate Legislation 2010 No. 190 made under the Transport Operations (Road Use Management) Act 1995 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Insertion of new pt 4A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Part 4A Approved inspection stations Division 1 Approved inspection stations 100A AIS approvals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 100B Nominees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 100C Nominee required to notify chief executive of particular events . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 100D Exhibiting AIS approval . . . . . . . . . . . . . . . . . . . . . . . 5 100E Keeping and maintaining equipment at AIS . . . . . . . . 6 100F Inspections permitted at an AIS . . . . . . . . . . . . . . . . . 6 Division 2 Applying for AIS approval 100G Applying for AIS approval . . . . . . . . . . . . . . . . . . . . . . 7 100H Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . 7 100I Statutory conditions . . . . . . . . . . . . . . . . . . . . . . . . . . 8

Transport Operations (Road Use Management—Accreditation and Other Provisions) Amendment Regulation (No. 1) 2010 Contents 100J Discretionary conditions . . . . . . . . . . . . . . . . . . . . . . . 8 100K Granting of approval . . . . . . . . . . . . . . . . . . . . . . . . . . 8 100L Refusing to grant approval or granting on conditions . 8 100M Review of decisions . . . . . . . . . . . . . . . . . . . . . . . . . . 8 100N Refund of particular fees for AIS approval or approval as nominee . . . . . . . . . . . . . . . . . . . . . . . . . 9 Division 3 General 100O Notification of change. . . . . . . . . . . . . . . . . . . . . . . . . 9 100P Notification if certificate destroyed, lost or stolen . . . . 10 100Q Returning unused forms . . . . . . . . . . . . . . . . . . . . . . . 10 100R Document keeping . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 100S Prescribed approvals—Act, ss 17B and 18(1)(c)(ii) . . 11 100T Meaning of nominee for Act, s 17C . . . . . . . . . . . . . . 12 5 Amendment of s 114 (Waiver of particular fees) . . . . . . . . . . . . . 12 6 Insertion of new pt 7, div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Division 4 Transitional provisions for Transport Operations (Road Use Management—Accreditation and Other Provisions) Amendment Regulation (No. 1) 2010 125 Definitions for div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 126 Existing AIS approvals . . . . . . . . . . . . . . . . . . . . . . . . 13 127 Application for AIS approval . . . . . . . . . . . . . . . . . . . . 13 128 Existing nominees for holders of AIS approvals . . . . . 14 129 Application for approval of nominee . . . . . . . . . . . . . . 14 130 References to repealed vehicle standards and safety regulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 7 Insertion of new sch 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 8 Amendment of sch 8 (Fees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 9 Amendment of sch 9 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 16 Page 2 2010 SL No. 190

Transport Operations (Road Use Management—Accreditation and Other Provisions) Amendment Regulation (No. 1) 2010 [s 1] 1 Short title This regulation may be cited as the Transport Operations (Road Use Management—Accreditation and Other Provisions) Amendment Regulation (No. 1) 2010 . 2 Commencement This regulation commences on 1 September 2010. 3 Regulation amended This regulation amends the Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2005. 4 Insertion of new pt 4A After section 100— insert— ‘Part 4A Approved inspection stations ‘Division 1 Approved inspection stations ‘100A AIS approvals ‘(1) The chief executive may grant an approval (an AIS approval ) for a person— (a) to operate— (i) particular premises as a fixed AIS; or (ii) particular premises as a fixed AIS and a vehicle as a mobile AIS; and (b) to inspect particular types of vehicles at the AIS. Editor’s note — See division 2 (Applying for AIS approval). 2010 SL No. 190 Page 3

Transport Operations (Road Use Management—Accreditation and Other Provisions) Amendment Regulation (No. 1) 2010 [s 4] ‘(2) The chief executive may grant an AIS approval only if satisfied the applicant— (a) is a suitable person to operate an AIS; and (b) has, at the proposed AIS, the equipment— (i) that the chief executive reasonably considers necessary for inspecting vehicles of the type that may be inspected under the AIS approval; and (ii) mentioned in the applicant’s application for the AIS approval; and (c) if the applicant is a person mentioned in section 100B(1)(a) to (e)—has a nominee. ‘100B Nominees ‘(1) The holder of an AIS approval is required to have a nominee, if the holder— (a) is a corporation; or (b) is a partnership; or (c) holds an AIS approval for other premises and has not appointed a nominee for the other premises; or (d) is a nominee for another AIS; or (e) will not be present at the fixed AIS to supervise work on a daily basis. ‘(2) An individual may apply to the chief executive for approval of the individual as the nominee for the holder of an AIS approval. ‘(3) The application must be— (a) in the approved form; and (b) endorsed by the holder of the AIS approval. ‘(4) The chief executive may approve a person as a nominee only if satisfied the person— (a) is an adult; and (b) is an appropriate person to be a nominee; and Page 4 2010 SL No. 190

Transport Operations (Road Use Management—Accreditation and Other Provisions) Amendment Regulation (No. 1) 2010 [s 4] (c) holds a position in which the person is charged with responsibility for the conduct of the holder’s business at the fixed AIS for which the holder has an AIS approval. ‘(5) A person’s approval as a nominee ends if the person stops holding the position mentioned in subsection (4)(c). ‘(6) Subsection (6) applies if— (a) the holder of an AIS approval is required to have a nominee; and (b) the approval of the nominee for the holder ends. ‘(7) The AIS approval is suspended until another person is approved under this section to be the nominee. ‘100C Nominee required to notify chief executive of particular events ‘A nominee approved under section 100B must give the chief executive signed notice of either of the following events within 14 days after the event happens— (a) the nominee is convicted of a disqualifying offence; (b) the nominee is convicted of an offence against the Act or a corresponding law. Maximum penalty—30 penalty units. ‘100D Exhibiting AIS approval ‘(1) The holder of an AIS approval must ensure— (a) the approval is exhibited at the fixed AIS to which the approval relates in a place that— (i) is open to the public; and (ii) allows the approval to be read easily by a member of the public at the place; and (b) a copy of the approval is carried in any mobile AIS to which the approval relates. Maximum penalty—30 penalty units. 2010 SL No. 190 Page 5

Transport Operations (Road Use Management—Accreditation and Other Provisions) Amendment Regulation (No. 1) 2010 [s 4] ‘(2) The holder must produce the AIS approval or copy of the approval for inspection at the request of any person seeking to obtain an inspection certificate. Maximum penalty—30 penalty units. ‘100E Keeping and maintaining equipment at AIS ‘The proprietor of an AIS must— (a) keep at the AIS the equipment mentioned in the application for the AIS approval to operate the AIS; and (b) ensure the equipment is maintained so that it efficiently performs the function for which it is designed. Maximum penalty—30 penalty units. ‘100F Inspections permitted at an AIS ‘(1) The proprietor of an AIS must ensure— (a) an approved examiner is available to inspect vehicles at the AIS during its ordinary business hours, unless the proprietor has a reasonable excuse; and (b) the approved examiner is accredited to inspect vehicles of the type for which the AIS is approved. Maximum penalty—30 penalty units. ‘(2) An approved examiner must not— (a) inspect a vehicle at an AIS unless the vehicle is of a type for which the AIS is approved; or (b) inspect a vehicle unless the examiner is accredited to inspect that type of vehicle; or (c) inspect a vehicle at a place that is not an AIS, other than in accordance with an AIS approval that includes approval to operate a mobile AIS. Maximum penalty—30 penalty units. ‘(3) The proprietor must— Page 6 2010 SL No. 190

Transport Operations (Road Use Management—Accreditation and Other Provisions) Amendment Regulation (No. 1) 2010 [s 4] (a) ensure each approved examiner employed at the AIS has a sound knowledge of an approved examiner’s functions under the Act; and (b) supervise each approved examiner employed at the AIS; and (c) ensure the approved examiner discharges the examiner’s functions under the Act. Maximum penalty—30 penalty units. ‘(4) The proprietor must not charge an amount for an inspection for the issue of a safety certificate greater than the prescribed fee for the inspection. Maximum penalty—30 penalty units. ‘Division 2 Applying for AIS approval ‘100G Applying for AIS approval ‘(1) An application for an AIS approval must be made to the chief executive in the approved form. ‘(2) The application must be— (a) supported by enough information to enable the chief executive to decide the application; and (b) accompanied by the appropriate fee. ‘100H Deciding application ‘The chief executive must consider an application for an AIS approval within 28 days after it is received and decide— (a) to grant the approval; or (b) to refuse to grant the approval. 2010 SL No. 190 Page 7

Transport Operations (Road Use Management—Accreditation and Other Provisions) Amendment Regulation (No. 1) 2010 [s 4] ‘100I Statutory conditions ‘(1) An AIS approval is subject to the conditions stated in schedule 5A. ‘(2) Subsection (1) does not limit the conditions that may be imposed under section 100J. ‘100J Discretionary conditions ‘The chief executive may impose reasonable and relevant conditions on an AIS approval. ‘100K Granting of approval ‘If the chief executive decides to grant the AIS approval, the chief executive must give the approval in the approved form to the applicant as soon as practicable after making the decision. ‘100L Refusing to grant approval or granting on conditions ‘(1) If the chief executive decides to refuse to grant the AIS approval, or to grant the approval on a condition mentioned in section 100J, the chief executive must give the applicant written notice of the decision as soon as practicable after making the decision. ‘(2) The notice must state— (a) the reasons for the decision; and (b) that the applicant may ask for the decision to be reviewed under section 100M. ‘100M Review of decisions ‘(1) Sections 65 and 65A of the Act apply to an approval decision as if a reference to an original decision in section 65 were a reference to the approval decision. ‘(2) In this section— approval decision means a decision of the chief executive— Page 8 2010 SL No. 190

Transport Operations (Road Use Management—Accreditation and Other Provisions) Amendment Regulation (No. 1) 2010 [s 4] (a) to refuse an approval; or (b) to grant an approval on a condition. ‘100N Refund of particular fees for AIS approval or approval as nominee ‘(1) This section applies if— (a) a person makes an application— (i) for an AIS approval; or (ii) for approval, under section 100B, as the nominee for an AIS approval holder; and (b) the chief executive does not ask the commissioner, under section 17C of the Act, for a written report about the person’s criminal history for the application. ‘(2) The following fees must be refunded to the applicant— (a) if subsection (1)(a)(i) applies and the applicant is 1 or more individuals—the additional application fee or fees paid for the application under schedule 8, item 7(a)(ii); (b) if subsection (1)(a)(i) applies and the applicant is a corporation—the additional application fee or fees paid under schedule 8, item 7(b)(ii) for the application; (c) if subsection (1)(a)(ii) applies—the application fee paid under schedule 8, item 9 for the application. ‘Division 3 General ‘100O Notification of change ‘If any of the following events happens, the proprietor of an AIS must give the chief executive written notice of the event within 7 days after the event happens— (a) an approved examiner starts or finishes working at the proprietor’s business; 2010 SL No. 190 Page 9

Transport Operations (Road Use Management—Accreditation and Other Provisions) Amendment Regulation (No. 1) 2010 [s 4] (b) there is a change of the name or location of the proprietor’s business; (c) there is a change of ownership of the proprietor’s business; (d) the proprietor stops carrying on business. Maximum penalty—30 penalty units. ‘100P Notification if certificate destroyed, lost or stolen ‘(1) A person must immediately notify the chief executive if an unused inspection certificate issued to the person is destroyed, lost or stolen. Maximum penalty—30 penalty units. ‘(2) The person must confirm the notification in writing within 7 days after the event happens. Maximum penalty—30 penalty units. ‘100Q Returning unused forms ‘If the proprietor of an AIS stops carrying on business, the proprietor must return the following things to the chief executive within 7 days after the proprietor stops carrying on the business— (a) any unused inspection certificates and safety labels; (b) any unused inspection reports. Maximum penalty—30 penalty units. ‘100R Document keeping ‘(1) The proprietor of an AIS must keep the following documents for the following periods— (a) a copy of an inspection report for 2 years after the report was given; (b) a copy of an inspection certificate for 2 years after the certificate was given. Page 10 2010 SL No. 190

Transport Operations (Road Use Management—Accreditation and Other Provisions) Amendment Regulation (No. 1) 2010 [s 4] Maximum penalty—30 penalty units. ‘(2) The proprietor of an AIS must keep a cancelled inspection certificate for 2 years after the certificate was cancelled. Maximum penalty—30 penalty units. ‘(3) A proprietor must keep a document mentioned in subsection (1) or (2) at the proprietor’s business premises during its ordinary business hours. ‘(4) However, if the proprietor of an AIS stops carrying on business, the proprietor must return to the chief executive a document that the proprietor has kept under subsection (1) or (2) within 7 days after the proprietor stops carrying on the business. Maximum penalty—30 penalty units. ‘100S Prescribed approvals—Act, ss 17B and 18(1)(c)(ii) ‘(1) The chief executive may refuse to grant or renew an approval under this part if the applicant or holder, or if the applicant or holder is a corporation, an executive officer of the applicant or holder, has been— (a) convicted of an offence against the Act or a corresponding law; or (b) convicted of a disqualifying offence; or (c) charged with a disqualifying offence and the charge has not been finally disposed of. ‘(2) Subsection (1) does not apply to an approval of a nominee under section 100B. ‘(3) The chief executive may refuse to grant an AIS approval if the individual proposed for approval, under section 100B, as the nominee of the applicant for the AIS approval has been— (a) convicted of an offence against the Act or a corresponding law; or (b) convicted of a disqualifying offence. 2010 SL No. 190 Page 11

Transport Operations (Road Use Management—Accreditation and Other Provisions) Amendment Regulation (No. 1) 2010 [s 5] ‘(4) The chief executive may refuse to renew an AIS approval if the nominee approved under section 100B for the holder of the AIS approval has been— (a) convicted of an offence against the Act or a corresponding law; or (b) convicted of a disqualifying offence. ‘(5) The chief executive may refuse to grant an approval under section 100B if the applicant has been— (a) convicted of an offence against the Act or a corresponding law; or (b) convicted of a disqualifying offence. ‘(6) An approval under this part is a prescribed approval for section 18(1)(c)(ii) of the Act. ‘100T Meaning of nominee for Act, s 17C ‘For section 17C of the Act, nominee , for an AIS approval, means a nominee approved under section 100B.’. 5 Amendment of s 114 (Waiver of particular fees) Section 114(a), ‘1(e) or 4’— omit, insert— ‘1(e), 4 or 9’. 6 Insertion of new pt 7, div 4 After section 124— insert— ‘Division 4 Transitional provisions for Transport Operations (Road Use Management—Accreditation and Other Provisions) Amendment Regulation (No. 1) 2010 Page 12 2010 SL No. 190

Transport Operations (Road Use Management—Accreditation and Other Provisions) Amendment Regulation (No. 1) 2010 [s 6] ‘125 Definitions for div 4 ‘In this division— commencement means the commencement of this section. repealed vehicle standards and safety regulation means the repealed TransportOperations(RoadUseManagement—VehicleStandardsandSafety)Regulation1999 . Note — The Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 1999 was repealed on 1 September 2010. ‘126 Existing AIS approvals ‘An AIS approval granted under the repealed vehicle standards and safety regulation and in force on the commencement is taken to be an AIS approval granted under this regulation and subject to the same conditions as applied to the approval under the repealed vehicle standards and safety regulation. ‘127 Application for AIS approval ‘(1) This section applies if— (a) an application for an AIS approval was made to the chief executive under the repealed vehicle standards and safety regulation; and (b) on the commencement, the application has not been decided. ‘(2) The chief executive must decide the application as if the repealed vehicle standards and safety regulation was still in force. ‘(3) If the chief executive grants the AIS approval, the approval is taken to be an AIS approval granted under this regulation. 2010 SL No. 190 Page 13

Transport Operations (Road Use Management—Accreditation and Other Provisions) Amendment Regulation (No. 1) 2010 [s 7] ‘128 Existing nominees for holders of AIS approvals ‘A person who, immediately before the commencement, was approved under the repealed vehicle standards and safety regulation as the nominee for the holder of an AIS approval is taken to be the approved nominee for the holder under this regulation. ‘129 Application for approval of nominee ‘(1) This section applies if— (a) an individual applied to the chief executive under the repealed vehicle standards and safety regulation for approval of the individual as the nominee for the holder of an AIS approval; and (b) on the commencement, the application has not been decided. ‘(2) The chief executive must decide the application as if the repealed vehicle standards and safety regulation was still in force. ‘(3) If the chief executive approves the individual to be the holder’s nominee, the individual is taken to be the approved nominee for the holder under section 100B. ‘130 References to repealed vehicle standards and safety regulation ‘A reference in an Act or other document to the repealed vehicle standards and safety regulation may, if the context permits, and to the extent the reference relates to matters that on the commencement are dealt with under part 4A of this regulation, be taken to be a reference to this regulation.’. 7 Insertion of new sch 5A After schedule 5— insert— Page 14 2010 SL No. 190

Transport Operations (Road Use Management—Accreditation and Other Provisions) Amendment Regulation (No. 1) 2010 [s 7] ‘Schedule 5A Statutory conditions of AIS approval section 100I ‘1 The holder of the AIS approval must comply with the vehicle inspection code of practice. ‘2 The proprietor of the AIS must not contravene the Act or permit or allow an approved examiner or other agent or employee of the proprietor to contravene the Act. ‘3 The proprietor of the AIS must ensure a copy of the vehicle inspection code of practice— (a) is kept in or at each AIS to which the approval relates; and (b) is available for— (i) use by an approved examiner for inspecting a vehicle; or (ii) inspection by any other person at the AIS. ‘4 The proprietor of the AIS must ensure that— (a) the proprietor or an approved examiner operating from the AIS is familiar with the contents of the vehicle inspection code of practice before undertaking an inspection for issuing an inspection certificate for a vehicle; and (b) in deciding whether or not a vehicle is defective, the proprietor or approved examiner has appropriate regard to the requirements of the vehicle inspection code of practice. ‘5 If the AIS is a mobile AIS, the proprietor must ensure that the AIS trading name and approval number is clearly and legibly displayed on the sides of the AIS. ‘6 The proprietor of the AIS must ensure that a partly complete inspection certificate is kept in a secure place except when the certificate is to be issued or is required by an authorised officer to be produced for inspection. 2010 SL No. 190 Page 15

Transport Operations (Road Use Management—Accreditation and Other Provisions) Amendment Regulation (No. 1) 2010 [s 8] ‘7 The holder must give the chief executive signed notice of any of the following events within 14 days after the event happens— (a) the holder or, if the holder is a corporation, an executive officer of the holder is— (i) convicted of a disqualifying offence; or (ii) charged with a disqualifying offence and the charge has not been finally disposed of; or (iii) convicted of an offence against the Act, or a corresponding law; (b) if the holder is a corporation—a new executive officer of the holder is appointed.’. 8 Amendment of sch 8 (Fees) Schedule 8— insert— ‘7 Application for AIS approval (s 100G)— (a) if the applicant is 1 or more individuals—the total of the following— (i) the fee payable under this subparagraph . . . . . (ii) additional application fee—for each individual (b) if the applicant is a corporation—the total of the following— (i) the fee payable under this subparagraph . . . . . (ii) additional application fee—for each executive officer of the corporation . . . . . . . . . . . . . . . . . 8 Annual renewal of AIS approval . . . . . . . . . . . . . . . . . . . 9 Application for approval as nominee for an AIS approval holder (s 100B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Issuing a replacement AIS approval . . . . . . . . . . . . . . . . 79.30 34.05 79.30 34.05 41.75 34.05 18.05’. 9 Amendment of sch 9 (Dictionary) Schedule 9— insert— Page 16 2010 SL No. 190

Transport Operations (Road Use Management—Accreditation and Other Provisions) Amendment Regulation (No. 1) 2010 [s 9] ‘ AIS means a fixed AIS or mobile AIS. AIS approval see section 100A. approved person means a person who holds an appointment under part 2 as an accredited person with the function of an approved person. fixed AIS means premises for which an AIS approval is current. inspection certificate see the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2010 , schedule 4. inspection report see the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2010 , schedule 4. mobile AIS means a vehicle for which an AIS approval is current. proprietor of an AIS means— (a) if the holder of the AIS approval to operate the AIS is required to have a nominee—the nominee; or (b) otherwise—the holder of the AIS approval to operate the AIS. safety certificate see the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2010 , schedule 4. vehicle inspection code of practice means the Code of Practice—Vehicle Inspection Guidelines. Editor’s note — This code of practice is available online at < 2010 SL No. 190 Page 17

Transport Operations (Road Use Management—Accreditation and Other Provisions) Amendment Regulation (No. 1) 2010 ENDNOTES 1 Made by the Governor in Council on 22 July 2010. 2 Notified in the gazette on 23 July 2010. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Transport and Main Roads. © State of Queensland 2010 Page 18 2010 SL No. 190