Division 4Accreditation documents for accredited persons#

56Form of accreditation document#

(1)An accreditation document for an accredited person may be in the form of— (a) a smartcard accreditation document that includes information about 1 or more other transport authorities held by the person; or (b) an interim transport authority.
(2)Subsection (1) does not limit the form of an accreditation document.
(3)In this section—

transport authority: see the Transport Planning and Coordination Act 1994, section 36G(3).

57Content of accreditation document#

(1)An accredited person’s accreditation document may— (a) indicate, by way of a code, expression or otherwise— (i) the person is an accredited person; and (ii) whether the accreditation is subject to an imposed condition; and (b) contain information about— (i) the accreditation; and (ii) the person’s personal particulars.
(2)A code or expression mentioned in subsection (1) may be— (a) stated on an accreditation document; or (b) stored electronically on a smartcard accreditation document.
(3)Subsection (1) does not limit the information that an accreditation document may contain.

58Expressions on smartcard accreditation documents#

(1)The expression ‘driver trainer’ on a smartcard accreditation document indicates the accredited person is a driver trainer.
(2)The expression ‘driver and rider trainer’ on a smartcard accreditation document indicates the accredited person is both a driver trainer and a rider trainer.
(3)The expression ‘pilot vehicle driver’ on a smartcard accreditation document indicates the accredited person is a pilot vehicle driver.
(4)The expression ‘escort vehicle driver’ on a smartcard accreditation document indicates the accredited person is an escort vehicle driver.
(5)The expression ‘traffic controller’ on a smartcard accreditation document indicates the accredited person is a traffic controller.
(6)The expression ‘authority no.’, followed by a number, on a smartcard accreditation document indicates the accreditation number given to the accredited person.

59Codes on accreditation documents#

(1)The following codes may be used on an accreditation document— (a) ‘N’ stated on an accreditation document to indicate that— (i) the accreditation is not subject to an imposed condition; or (ii) the accreditation is subject to an imposed condition, but the accredited person need not carry a document evidencing the condition while performing the person’s function; (b) ‘Y’ stated on an accreditation document to indicate the accreditation is subject to an imposed condition and the accredited person must carry a document evidencing the condition while performing the person’s function;

‘TEXT’ stored on a smartcard accreditation document to indicate the accreditation is subject to an imposed condition.

(2)A code mentioned in the Transport Operations (Road Use Management—Driver Licensing) Regulation 2021, schedule 1, column 1 may also be used on a smartcard accreditation document for a driver trainer to indicate the class of motor vehicle for which the driver trainer is authorised to give pre-licence driver training.

60Application by accredited person for replacement accreditation document#

(1)This section applies if—
(a)information stated on an accreditation document is incorrect; or
(b)an accredited person becomes aware, or reasonably suspects, an accreditation document has been damaged, lost or stolen; or
(c)an accredited person is at risk from a data breach relating to an accreditation document for the person.

(2)The accredited person may apply to the chief executive for a replacement accreditation document.

(3)An application under this section, other than an exempt application, must be accompanied by the prescribed fee.
(4)After receiving an application for which subsection (1)(a) or (b) applies, the chief executive must, subject to section 147D(4) and (5), give the accredited person a replacement accreditation document if the chief executive is satisfied—

(a)the information on the accreditation document is incorrect; or
(b)the accreditation document has been damaged, lost or stolen.

(5)After receiving an application for which subsection (1)(c) applies, the chief executive must give the accredited person a replacement accreditation document.
(6)The chief executive may waive payment of the fee mentioned in subsection (3) if—
(a)the application is for the replacement of an accreditation document; and
(b)the chief executive is satisfied the accreditation document was lost or damaged because of a natural disaster.

(7)Also, the chief executive may waive payment of the fee mentioned in subsection (3) if the application is for the replacement of a smartcard accreditation document that was—
(a)damaged or lost as a result of a person, other than the accredited person, committing an indictable offence that is a crime or misdemeanour; or
(b)stolen.

In this section—

at risk: see the Privacy Act 1988 (Cwlth), section 6(1).
data breach: means an eligible data breach under the Privacy Act 1988 (Cwlth) that is notified as required under that Act.
exempt application: means an application for the replacement of a smartcard accreditation document that was not received by the accredited person because it has been lost or stolen.

61Upgrading to smartcard accreditation document#

(1)This section applies if—

(a)an accredited person’s accreditation document is not a smartcard accreditation document; and
(b)the chief executive issues, for the type of accreditation held by the accredited person, accreditation documents in the form of smartcard accreditation documents.

(2)The accredited person may apply to the chief executive to replace the person’s accreditation document with a smartcard accreditation document.

(3)The application must be accompanied by the prescribed fee.
(4)Subject to section 147D(4) and (5), the chief executive may replace the accreditation document with a smartcard accreditation document for the unexpired period of the accreditation.

62Chief executive may require smartcard accreditation document to be replaced#

(1)This section applies if—
(a)information stated on a smartcard accreditation document is incorrect and the chief executive reasonably believes the error was caused by the chief executive; or
(b)the chief executive has amended the person’s accreditation under section 19 of the Act and the person’s smartcard accreditation document requires amendment or replacement.

(2)The chief executive may, by written notice, require the accredited person to return the person’s smartcard accreditation document to the chief executive within a stated period and in a stated way.
(3)If subsection (1)(a) applies, the notice must state the information that is incorrect and the correct information.

(4)The accredited person must comply with the notice, unless the person has a reasonable excuse.

Maximum penalty—20 penalty units.

(5)After receiving the smartcard accreditation document, the chief executive must give the accredited person a replacement smartcard accreditation document.

63Notifying chief executive if accreditation document damaged, lost or stolen#

(1)This section applies if an accredited person becomes aware, or reasonably suspects, the person’s accreditation document has been damaged, lost or stolen.
(2)The accredited person must give the chief executive written notice of the damage, loss or theft as soon as practicable after becoming aware of, or suspecting, the damage, loss or theft.

Maximum penalty—20 penalty units.

(3)For subsection (2), the notice is sufficiently given if an application for a replacement accreditation document is made under section 60.

64Change of name, address or postal address#

(1)This section applies if an accredited person changes—
(a)the person’s name or address; or
(b)if there is a current postal address for the person—the postal address.

(2)The accredited person must, within 14 days after the change, give the chief executive—
(a)for a change of name—written notice of the change; or
(b)for any other change—notice of the change.

Maximum penalty—20 penalty units.

(3)If the chief executive is satisfied the information given by the accredited person is correct, the chief executive must—

(a) for a change of name—give the person a replacement accreditation document that records the change of name; or (b) for a change of address— (i) give the person a replacement accreditation document that records the change of address; or (ii) give the person a change of address label.

(4) If a change of address label is damaged, lost or stolen, the accredited person must promptly ask the chief executive for a replacement label. Maximum penalty—20 penalty units.

(5) On receipt of a change of address label or a replacement label, the accredited person must promptly attach the label to the back of the accreditation document in the space provided for a change of address label. Maximum penalty—20 penalty units.

65Notifiable events under other Acts#

(1) This section applies if an accredited person, other than an approved examiner or an approved person— (a) has an obligation under the Act to notify the chief executive of a notifiable event; and (b) has an obligation under a prescribed smartcard Act to notify the chief executive, or the general manager under the Maritime Safety Queensland Act 2002, of the same notifiable event; and (c) complies with the obligation under the prescribed smartcard Act.

(2) The obligation under the Act to notify the chief executive of the notifiable event is taken to have been satisfied if any time allowed to make the notification under the Act has not expired.

(3) In this section—

notifiable event: notifiable event, for an accredited person, means any of the following— (a) a change of the person's name; (b) a change of the person's address; (c) if there is a current postal address for the person—a change of the postal address; (d) the damage, loss or theft of an accreditation document.
prescribed smartcard Act: prescribed smartcard Act means any of the following Acts— (a) the Photo Identification Card Act 2008; (b) the Tow Truck Act 2023; (c) the Transport Operations (Marine Safety) Act 1994; (d) the Transport Operations (Passenger Transport) Act 1994.

66Possessing another person's accreditation document#

(1) A person must not possess another person's accreditation document unless the person has a reasonable excuse. Maximum penalty—40 penalty units.

(2) A person must not give the person's accreditation document to another person if the person knows, or ought reasonably to know, the other person intends to use the document to deceive someone. Maximum penalty—40 penalty units.

(3) For subsection (2), it is irrelevant whether the person intended to be deceived is known or unknown, or exists or does not exist.

67Document purporting to be accreditation document#

(1) A person must not possess a document that resembles an accreditation document and is calculated to deceive someone. Maximum penalty—40 penalty units.

(2) A person must not give another person a document that resembles an accreditation document and is calculated to deceive someone. Maximum penalty—40 penalty units.

(3) For subsections (1) and (2), it is irrelevant whether the person intended to be deceived is known or unknown, or exists or does not exist.

68Damaging accreditation document#

A person must not wilfully damage an accreditation document. Maximum penalty—20 penalty units.

69Chief executive may direct superseded accreditation document to be destroyed#

(1) The chief executive may direct a person to destroy the person's superseded accreditation document.

(2) The person must comply with the direction. Maximum penalty—20 penalty units.

(3) In this section—

smartcard transport authority: smartcard transport authority see the Transport Planning and Coordination Act 1994, section 36G(1).
superseded accreditation document: superseded accreditation document includes a superseded smartcard transport authority.