Transport Operations (Road Use Management—Accreditation and Other Provisions) Amendment Regulation (No. 2) 2010 (Qld)

Queensland Transport Operations (Road Use Management—Accreditation and Other Provisions) Amendment Regulation (No. 2) 2010 Subordinate Legislation 2010 No. 247 made under the Transport Operations (Road Use Management) Act 1995 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Insertion of new pt 4B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Part 4B Approval of interlock providers 100U Who is an approved interlock provider . . . . . . . . . . . . 3 100V Applicant for approval . . . . . . . . . . . . . . . . . . . . . . . . . 3 100W Suitability for approval . . . . . . . . . . . . . . . . . . . . . . . . 4 100X Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . 4 100Y Granting approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 100Z Notice for the decision of refusal to grant approval . . 5 100ZA Statutory conditions of approval . . . . . . . . . . . . . . . . . 5 100ZB Duration of approval . . . . . . . . . . . . . . . . . . . . . . . . . . 5 100ZC Approval not transferable . . . . . . . . . . . . . . . . . . . . . . 5 100ZD Immediate cancellation. . . . . . . . . . . . . . . . . . . . . . . . 5 100ZE False statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 100ZF False advertising . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4 Insertion of new sch 5B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

Transport Operations (Road Use Management—Accreditation and Other Provisions) Amendment Regulation (No. 2) 2010 Contents Schedule 5B Statutory conditions of approval for interlock providers 5 Amendment of sch 7 (Reviewable decisions). . . . . . . . . . . . . . . . 6 Amendment of sch 9 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 7 7 Page 2 2010 SL No. 247

Transport Operations (Road Use Management—Accreditation and Other Provisions) Amendment Regulation (No. 2) 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. 2) 2010 . 2 Regulation amended This regulation amends the Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2005. 3 Insertion of new pt 4B After section 100T— insert— ‘Part 4B Approval of interlock providers ‘100U Who is an approved interlock provider ‘An approved interlock provider is a person who— (a) under a written agreement between the person and the chief executive, may provide approved interlocks; and (b) is approved under this part. ‘100V Applicant for approval ‘An entity is taken to be an applicant for an approval under this part to provide approved interlocks (an approval ) if— (a) the entity enters into a written agreement with the chief executive to act as a provider of approved interlocks; or (b) the entity is— (i) an approved interlock provider; and (ii) the entity’s approval will expire within 6 weeks; and 2010 SL No. 247 Page 3

Transport Operations (Road Use Management—Accreditation and Other Provisions) Amendment Regulation (No. 2) 2010 [s 3] (iii) the entity has a written agreement with the chief executive to act as a provider of approved interlocks after the expiry of the entity’s approval. ‘100W Suitability for approval ‘The chief executive may refuse to grant the approval if the applicant or, if the applicant is a corporation, an executive officer of the applicant has been convicted of a dishonesty offence. ‘100X Deciding application ‘(1) After considering a report from the commissioner about the criminal history of the applicant or of a relevant person for the applicant, the chief executive must decide— (a) to grant the approval; or (b) to refuse to grant the approval. ‘(2) The chief executive may grant the approval on conditions the chief executive considers reasonable and relevant. ‘(3) In this section— relevant person , for an applicant for an approval, has the meaning given by section 17C(3) of the Act. ‘100Y Granting approval ‘(1) If the chief executive decides to grant the approval, the chief executive must give the applicant a signed notice of the decision (an approval notice ) within 14 days after making the decision. ‘(2) The approval notice must state the following— (a) the applicant’s name and place of business; (b) the commencement and expiry date for the approval; (c) any conditions imposed by the chief executive on the approval. Page 4 2010 SL No. 247

Transport Operations (Road Use Management—Accreditation and Other Provisions) Amendment Regulation (No. 2) 2010 [s 3] ‘(3) The approval notice may also include any other information the chief executive considers appropriate. ‘(4) If the chief executive decides to impose a condition on the approval, the chief executive must give the applicant an information notice for the decision with the approval notice. ‘100Z Notice for the decision of refusal to grant approval ‘If the chief executive decides to refuse to grant the approval, the chief executive must give the applicant an information notice for the decision within 14 days after making the decision. ‘100ZA Statutory conditions of approval ‘(1) The conditions on which the approval is granted include the conditions stated in schedule 5B. ‘(2) Subsection (1) does not limit section 100X(2). ‘100ZB Duration of approval ‘The approval is for the term, not longer than 5 years, stated in the approval notice. ‘100ZC Approval not transferable ‘The approval can not be assigned or transferred. ‘100ZD Immediate cancellation ‘The approval is immediately cancelled on the happening of either of the following events— (a) if the approved interlock provider is an individual—the individual dies or becomes an insolvent under administration; (b) if the approved interlock provider is a corporation—the corporation is being wound up. 2010 SL No. 247 Page 5

Transport Operations (Road Use Management—Accreditation and Other Provisions) Amendment Regulation (No. 2) 2010 [s 4] ‘100ZE False statements ‘A person (the first person ) who is not an approved interlock provider must not state, either orally or in writing, anything to another person that is likely to induce the person to believe the first person— (a) is an approved interlock provider; or (b) may provide prescribed interlocks. Maximum penalty—80 penalty units. ‘100ZF False advertising ‘A person who is not an approved interlock provider must not publish, or cause to be published, an advertisement stating or implying the person— (a) is an approved interlock provider; or (b) may provide prescribed interlocks. Maximum penalty—80 penalty units.’. 4 Insertion of new sch 5B After schedule 5A— insert— ‘Schedule 5B Statutory conditions of approval for interlock providers section 100ZA ‘1 Compliance with written agreement ‘The approved interlock provider (the provider ) or, if the provider is a corporation, an executive officer of the provider must not breach a term of the written agreement between the Page 6 2010 SL No. 247

Transport Operations (Road Use Management—Accreditation and Other Provisions) Amendment Regulation (No. 2) 2010 [s 5] provider and the chief executive that is identified in the agreement as a material breach. ‘2 Notifiable events ‘The provider must give the chief executive signed notice of either of the following events within 14 days after the event happens— (a) the provider or, if the provider is a corporation, an executive officer of the provider has been convicted of a dishonesty offence; or (b) if the provider is a corporation—a new executive officer of the provider is appointed. ‘3 Dishonesty offence ‘The provider or, if the provider is a corporation, an executive officer of the provider must not commit a dishonesty offence.’. 5 Amendment of sch 7 (Reviewable decisions) Schedule 7— insert— ‘100X refusing to grant an approval or granting an approval on a condition imposed by the chief executive’. 6 Amendment of sch 9 (Dictionary) Schedule 9— insert— ‘ approval see section 100V. approval notice see section 100Y(1). approved interlock provider see section 100U. dishonesty offence means a disqualifying offence involving fraud or dishonesty.’. 2010 SL No. 247 Page 7

Transport Operations (Road Use Management—Accreditation and Other Provisions) Amendment Regulation (No. 2) 2010 ENDNOTES 1 Made by the Governor in Council on 9 September 2010. 2 Notified in the gazette on 10 September 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 8 2010 SL No. 247