Transport Operations (Road Use Management—Vehicle Registration) Amendment Regulation (No. 2) 2005 (Qld)

Queensland Transport Operations (Road Use Management—Vehicle Registration) Amendment Regulation (No. 2) 2005 Subordinate Legislation 2005 No. 215 made under the Transport Operations (Road Use Management) Act 1995 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Amendment of s 67 (Definitions for div 5) . . . . . . . . . . . . . . . . . . 2 5 Insertion of new ss 67A and 67B . . . . . . . . . . . . . . . . . . . . . . . . . 3 67A Meaning of history certificate . . . . . . . . . . . . . . . . . . . 3 67B Meaning of status certificate . . . . . . . . . . . . . . . . . . . 4 6 Replacement of s 68A (Release of vehicle related information on payment of a fee). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 68A Release of vehicle related information . . . . . . . . . . . . 6 68B Fee or amount payable to vehicle related information provider . . . . . . . . . . . . . . . . . . . . . . . . . . 7 7 Insertion of new pt 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Part 12 Expiry 85 Expiry of provisions about particular fees and this part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 8 Amendment of sch 3 (Other fees) . . . . . . . . . . . . . . . . . . . . . . . . 7 9 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 8

s1 2 s4 Transport Operations (Road Use No. 215, 2005 Management—Vehicle Registration) Amendment Regulation (No. 2) 2005 1 Short title This regulation may be cited as the Transport Operations (Road Use Management—Vehicle Registration) Amendment Regulation (No. 2) 2005 . 2 Commencement This regulation commences on 26 September 2005. 3 Regulation amended This regulation amends the Transport Operations (Road UseManagement—Vehicle Registration) Regulation 1999. 4 Amendment of s 67 (Definitions for div 5) (1) Section 67, definitions vehicle related information , vehicle related information provider and written-off vehicle information — omit . (2) Section 67— insert— ‘ give , in relation to information, includes allowing a person to obtain the information. history certificate see section 67A. interstate register means a register kept by another State under a corresponding law to this regulation. NEVDIS means the database known as the ‘National Exchange of Vehicle and Driver Information System’ that— (a) is operated under an arrangement among Queensland and other States; and (b) contains information about vehicles and drivers from registers kept by the States participating in the arrangement. status certificate see section 67B.

s5 3 s5 Transport Operations (Road Use No. 215, 2005 Management—Vehicle Registration) Amendment Regulation (No. 2) 2005 vehicle related information , about a vehicle, means information about the vehicle from the register, or from an interstate register that is available to the chief executive through NEVDIS, but does not include— (a) for a vehicle currently recorded in the register or interstate register as a written-off vehicle— (i) personal information about a current or previous registered operator of the vehicle; or (ii) information about a notifier that has given notifiable information for the vehicle; or (iii) information about the location of, or the severity of, damage to the vehicle; or (b) for a vehicle not currently recorded in the register or interstate register as a written-off vehicle, personal information about a current or previous registered operator of the vehicle. vehicle related information provider see section 68A(1).’. 5 Insertion of new ss 67A and 67B After section 67— insert— ‘67A Meaning of history certificate ‘(1) A history certificate is a certificate issued by the chief executive showing information stated in subsection (2) about a vehicle if— (a) the vehicle is or was manufactured on or after 1 January 1989; and (b) the vehicle is registered in Queensland, or was registered in Queensland and is not currently registered in any State. ‘(2) For subsection (1), the information is the following vehicle related information about the vehicle to the extent the information is included in the register—

s5 4 s5 Transport Operations (Road Use No. 215, 2005 Management—Vehicle Registration) Amendment Regulation (No. 2) 2005 (a) the day the vehicle was first registered and the day of any subsequent registration of the vehicle; (b) the day of each transfer of the vehicle’s registration, other than a transfer from a dealer to another dealer; (c) the vehicle’s engine number and odometer reading at the time of each registration of the vehicle and each transfer of the vehicle’s registration, other than a transfer from a dealer to another dealer; (d) each purpose the vehicle is or has been used for; (e) whether the vehicle is or was recorded as a written-off vehicle and, if so, the relevant day and whether the vehicle was a repairable write-off or statutory write-off; (f) the day of each cancellation of the vehicle’s registration; (g) a postcode indicating the usual place the vehicle is or was kept or the registered operator of the vehicle lives or lived, or a postcode otherwise associated with the vehicle; (h) the information that would be included in a status certificate for the vehicle if the status certificate were issued at the time of issuing the history certificate. ‘67B Meaning of status certificate ‘(1) A status certificate is a certificate issued by the chief executive showing information stated in subsection (2) about a vehicle if— (a) the vehicle is or was manufactured on or after 1 January 1989; and (b) the vehicle— (i) is registered in Queensland or another State; or (ii) was registered in Queensland or another State and is not currently registered in any State. ‘(2) For subsection (1), the information is the following vehicle related information to the extent the information is included in

s5 5 s5 Transport Operations (Road Use No. 215, 2005 Management—Vehicle Registration) Amendment Regulation (No. 2) 2005 the register or an interstate register available to the chief executive through NEVDIS— (a) the State in which the vehicle is or was registered; (b) the vehicle’s registration number; (c) the vehicle’s VIN, make, model, engine number, body shape, colour, year of manufacture, seating capacity and odometer reading most recently recorded in the register or interstate register; (d) the purpose the vehicle is used for; (e) whether the vehicle is fuelled or powered by, or fuelled or powered by a combination of, diesel, electric, gas, kerosene, petrol or steam; (f) the number of cylinders or rotors the vehicle has; (g) whether the vehicle is currently recorded in the register or interstate register as stolen and, if so, each of the following— (i) the day the vehicle was recorded as stolen; (ii) any reference number used by the Queensland Police Service, or the police service of another State, in relation to the theft of the vehicle that is recorded in the register or interstate register; (h) whether the vehicle is currently recorded in the register or interstate register as a written-off vehicle and, if so, each of the following— (i) whether the vehicle is a repairable write-off or statutory write-off; (ii) the day the vehicle was first recorded as a written-off vehicle; (iii) the State in which the vehicle is recorded as a written-off vehicle; (iv) information recorded in the register or interstate register about the cause of damage to the vehicle;

s6 6 s6 Transport Operations (Road Use No. 215, 2005 Management—Vehicle Registration) Amendment Regulation (No. 2) 2005 (i) any expiry day relevant to the vehicle’s registration or, if the vehicle’s registration has been cancelled, the fact the registration has been cancelled; (j) a postcode indicating the usual place the vehicle is kept or the registered operator of the vehicle lives, or a postcode otherwise associated with the vehicle.’. 6 Replacement of s 68A (Release of vehicle related information on payment of a fee) Section 68A— omit, insert— ‘68A Release of vehicle related information ‘(1) This section applies to the following (each of whom is a vehicle related information provider) — (a) the chief executive; (b) a person who has entered into an agreement with the chief executive that provides the person will give vehicle related information about a vehicle to other persons. ‘(2) A vehicle related information provider may give a person vehicle related information about a vehicle, including giving the person information by issuing a history certificate or status certificate and giving it to the person, if— (a) the person pays the vehicle related information provider the fee or amount provided for under section 68B; and (b) the information is given to the person only in the circumstances approved by the chief executive for giving the information. ‘(3) A person given information under subsection (2) must not use or disclose the information other than in accordance with any conditions approved by the chief executive for the use or disclosure of the information and advised to the person when, or before, the information is given. Maximum penalty for subsection (3)—20 penalty units.

s7 7 s8 Transport Operations (Road Use No. 215, 2005 Management—Vehicle Registration) Amendment Regulation (No. 2) 2005 ‘68B Fee or amount payable to vehicle related information provider ‘(1) This section provides for the fee or amount to be paid to a vehicle related information provider as stated in section 68A(2)(a). ‘(2) The fee or amount is— (a) if the vehicle related information provider is the chief executive and a fee for giving the information to the person is stated in schedule 3, part 2, the fee stated in the schedule; or (b) if the vehicle related information provider is the chief executive and paragraph (a) does not apply, a reasonable amount decided by the chief executive; or (c) if the vehicle related information provider is not the chief executive, a reasonable amount decided by the vehicle related information provider.’. 7 Insertion of new pt 12 After section 84— insert — ‘Part 12 Expiry ‘85 Expiry of provisions about particular fees and this part ‘Schedule 3, part 2, items 6 and 16, and this part, expire on 31 January 2006.’. 8 Amendment of sch 3 (Other fees) (1) Schedule 3, part 2, item 6, after ‘written-off vehicle’— insert— ‘(other than information provided in the form of a history certificate or status certificate)’.

s9 8 s9 Transport Operations (Road Use No. 215, 2005 Management—Vehicle Registration) Amendment Regulation (No. 2) 2005 (2) Schedule 3, part 2, item 16, after ‘written-off vehicle’— insert— ‘(other than a request by the provider for the information required for a history certificate or status certificate)’. (3) Schedule 3, part 2— insert— ‘18 Fee payable to the chief executive in relation to a history certificate— (a) if the chief executive provides information for the certificate to another vehicle related information provider . . . . . . . . . . . . . . . . . (b) if the chief executive provides the certificate to a person other than a vehicle related information provider . . . . . . . . . . . 19 Fee payable to the chief executive in relation to a status certificate— (a) if the chief executive provides information for the certificate to another vehicle related information provider . . . . . . . . . . . . . . . . . (b) if the chief executive provides the certificate to a person other than a vehicle related information provider . . . . . . . . . . . 12.70 17.70 7.20 12.70’. 9 Amendment of sch 4 (Dictionary) Schedule 4— insert— ‘ give , in relation to information, for part 8, division 5, see section 67. history certificate see section 67A. interstate register , for part 8, division 5, see section 67. NEVDIS , for part 8, division 5, see section 67. status certificate see section 67B.’.

9 Transport Operations (Road Use Management—Vehicle Registration) Amendment Regulation (No. 2) 2005 No. 215, 2005 ENDNOTES 1 Made by the Governor in Council on 1 September 2005. 2 Notified in the gazette on 2 September 2005. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Transport. © State of Queensland 2005