Division 1Appointment as accredited person—Act, s 21#
4Application for appointment or renewal#
- (1)A person may apply to the chief executive—
- (a)to be appointed as an accredited person for a type of accreditation; or
- (b)if the person is an accredited person—for renewal of the person’s accreditation.
- (2)For subsection (1), each of the following is a type of accreditation—
- (a)approved examiner;
- (b)approved person;
- (c)driver trainer for a class of motor vehicle;
- (d)rider trainer;
- (e)pilot vehicle driver;
- (f)escort vehicle driver;
- (g)traffic controller.
- (3)An application must be accompanied by the prescribed fee.
- (4)A fee payable under schedule 6, item 2(b)(ii), (c)(ii) or (d)(ii) or (3)(b) that relates to the renewal of an accreditation for a term is the fee in force on 1 July in the financial year in which the term starts.
5Decision on application#
- (1)The chief executive must consider the application after receiving all necessary information relevant to the application and, subject to section 147D(4) and (5)—
- (a)grant the application, with or without conditions the chief executive considers reasonable and relevant; or
- (b)refuse to grant the application.
- (2)Despite subsection (1), the chief executive may refuse to consider an application if the applicant holds an accreditation of the same type, whether under the name stated in the application or under another name.
6Only 1 accreditation of the same type to be held#
A person must not hold more than 1 accreditation of the same type at the same time. Maximum penalty—40 penalty units.
7Granting application#
- (1)If the chief executive grants an application for appointment as an accredited person—
- (a)the applicant is appointed as an accredited person for the type of accreditation applied for; and
- (b)the chief executive must give the applicant an accreditation document.
- (2)If the chief executive grants an application for renewal of an accreditation, the applicant’s accreditation is renewed.
- (3)Also, if the chief executive decides to impose a condition on the accreditation, the chief executive must give the applicant an information notice for the decision within 14 days after making the decision.
7ASuitability for accreditation as approved examiner#
- (1)This section applies in relation to an accreditation for performing the function of an approved examiner for a type of vehicle.
- (2)The chief executive may grant an application for appointment as an accredited person for the accreditation only if satisfied the applicant has the necessary expertise to perform the function under section 24(1).
- (3)The chief executive may refuse to grant an application for renewal of the accreditation if satisfied the applicant has failed to successfully complete a relevant AE training course for the type of vehicle within the completion period for the training course.
8Refusing application#
- (1)The chief executive may refuse to grant the application if—
- (a)the applicant has been—
- (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 a road transport offence, within 5 years immediately before the application was made; or
- (b)the applicant holds, or has held, an appointment as an accredited person that has been suspended or cancelled; or
- (c)the chief executive is satisfied public safety is likely to be endangered if the application is granted; or
- (d)the chief executive considers it necessary in the public interest.
- (2)If the application is for renewal of an accreditation, the chief executive may also refuse to grant the application if the accreditation was issued—
- (a)in error; or
- (b)because of a document or representation that is—
- (i)false or misleading; or
- (ii)obtained or made in another improper way.
- (3)Subsections (1) and (2) do not limit the grounds on which the chief executive may refuse to grant the application.
- (4)If the chief executive decides to refuse to grant the application, the chief executive must give the applicant an information notice for the decision within 14 days after making the decision.
9Statutory conditions on accreditation#
- (1)This section applies if either of the following applications is granted—
- (a)an application to be appointed as an accredited person for a type of accreditation;
- (b)an application for renewal of an accreditation.
- (2)From the grant of the application, the accreditation is subject to the conditions stated for the accreditation in schedule 1 that were in force when the application was granted.
- (3)This section does not limit section 5(1)(a).
9ATraining requirement for holder of non-renewable AE accreditation—Act, s 18#
- (1)This section applies in relation to a non-renewable AE accreditation, in effect immediately before the commencement, for performing the function of an approved examiner for a type of vehicle.
- (2)The holder of the non-renewable AE accreditation must successfully complete each relevant AE training course for the type of vehicle within the completion period for the training course.
- (3)For section 18(1)(s) of the Act, the holder of the non-renewable AE accreditation contravening subsection (2) is prescribed as a ground for suspending or cancelling the accreditation.
- (4)In this section—
- non-renewable AE accreditation
- means an accreditation mentioned in section 174.
10Duration of accreditation#
- (1)An accreditation, other than an accreditation as a rider trainer or escort vehicle driver, is granted for the term, of not longer than 5 years, stated in the accreditation document for the accreditation.
- (2)An accreditation as a rider trainer is granted for the term of the applicant’s unexpired accreditation as a driver trainer.
- (3)If a pilot vehicle driver is appointed as an escort vehicle driver, the term of the person’s accreditation as an escort vehicle driver is the term of the person’s unexpired accreditation as a pilot vehicle driver.
- (4)Despite subsections (1) to (3), any accreditation may be renewed for successive terms of not longer than 5 years.
Source: TORUM Accreditation Regulation 2015 · pages 13–18
Open PDF at this page
Search this document