Part 3Registered service providers and approved inspection stations#

Division 1General provisions for part 3 approvals#

70Application of div 1#

This division applies to both of the following (each a part 3 approval)— (a) registration as a registered service provider; (b) an AIS approval.

71Application for grant or renewal of part 3 approvals#

(1) A person may apply to the chief executive for— (a) the grant of a part 3 approval; or (b) if the person is the holder of a part 3 approval—renewal of the approval.

(2) The application must be accompanied by the prescribed fee.

72Decision on application#

The chief executive must consider the application within 28 days after receiving all 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.

73Suitability for part 3 approvals generally#

(1)The chief executive may refuse to grant the application if—
(a)the applicant, or a relevant person for the applicant, has been—
(i)convicted of a disqualifying offence; or
(ii)convicted of a road transport offence within 5 years immediately before the application was made; or
(b)the applicant, or if the applicant is a corporation, an executive officer of the applicant, has been charged with a disqualifying offence and the charge has not been finally disposed of; 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)Also, if the application is for renewal of a part 3 approval, the chief executive may refuse to grant the application if the approval was granted—
(a)in error; or
(b)because of a document or representation—
(i)that is 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.

73ASuitability for registration as registered service provider#

(1)This section applies if the application is for the grant or renewal of a registration as a registered service provider.
(2)The chief executive may grant the application only if satisfied the applicant is able to comply with the business rules for providing Q-Ride training.

73BSuitability for AIS approval—applicant requiring nominee#

(1)Subsection (2) applies if—
(a)the application is for the grant of an AIS approval; and
(b)section 99 would apply to the holder of the approval if the application were granted.
(2)The chief executive may grant the application only if satisfied the applicant will have a nominee when the application is granted.
(3)Subsection (4) applies if—
(a)the application is for the renewal of an AIS approval; and
(b)section 99 applies to the holder of the approval.
(4)The chief executive may refuse to grant the application if satisfied—
(a)the applicant no longer has a nominee; or
(b)the nominee for the applicant has failed to successfully complete a training course approved for a nominee under section 106A within the completion period for the training course.

73CSuitability for AIS approval—other individual applicants#

(1)This section applies if—
(a)the application is made by an individual for the grant or renewal of an AIS approval; and
(b)section 73B does not apply in relation to the application.
(2)The chief executive may grant an application for the grant of an AIS approval only if satisfied the applicant has successfully completed each training course approved for an applicant for the grant of an AIS approval under section 106A.
(3)The chief executive may refuse to grant an application for renewal of an AIS approval if satisfied the applicant has failed to successfully complete a training course approved for a holder of an AIS approval under section 106A within the completion period for the training course.

74Notice of granting application#

(1)If the chief executive decides to grant the application, the chief executive must give the applicant written notice of the decision (an approval notice) within 14 days after making the decision.
(2)If the chief executive decides to impose a condition on the part 3 approval, the chief executive must give the applicant an information notice for the decision with the approval notice.
(3)If the application is for grant or renewal of a registration as a registered service provider, the approval notice must state, for section 26(1)(c) of the Act, that the registered service provider’s place of business is required to be open to inspection by an authorised officer when the place is open for the conduct of business or otherwise open for entry.

75Notice of refusal to grant application#

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.

76Statutory conditions for part 3 approval#

(1)From the grant of an application for the grant or renewal of a part 3 approval, the approval is subject to the conditions, in force when the application was granted, mentioned in—
(a)schedule 2, part 1; and
(b)for registration as a registered service provider—schedule 2, part 2; and
(c)for an AIS approval—schedule 2, part 3.
(2)A registered service provider must not contravene the condition mentioned in schedule 2, section 2. Maximum penalty—40 penalty units.
(3)Subsection (1) does not limit section 72(a).

77Duration of part 3 approval#

A part 3 approval is granted or renewed for the term, not longer than 5 years, stated in the approval notice given to the applicant under section 74(1).

78Producing approval notice#

The holder of a part 3 approval must produce the approval notice, or a copy of the approval notice, for the approval for inspection at the request of a person seeking—

(a)if the part 3 approval is an AIS approval—to obtain an inspection certificate; or
(b)if the part 3 approval is registration as a registered service provider—Q-Ride training.

Maximum penalty—30 penalty units.

79Immediate cancellation#

A part 3 approval is immediately cancelled on the happening of either of the following events—

(a) if the holder of the approval is an individual—the individual dies or becomes an insolvent under administration;
(b) if the holder is a body corporate—the corporation is wound up.

80Voluntary surrender of pt 3 approval#

(1)A holder of a part 3 approval may surrender the approval by written notice given to the chief executive.
(2)The surrender takes effect—
(a)on the day the notice is given; or
(b)if a later day is stated in the notice, on the later day.

81Return of documents and things#

(1)A responsible person for a part 3 approval must return to the chief executive all relevant items in the person’s possession within 14 days after—
(a)the approval is surrendered under section 80; or
(b)a business carried on under the approval ceases to operate.

(2)Subsections (3) and (4) apply if—
(a)a part 3 approval is cancelled; or
(b)the chief executive refuses to renew a part 3 approval; or
(c)a part 3 approval expires and the holder has not applied for the approval to be renewed.
(3)The chief executive may, by written notice to a responsible person for the approval, require the person to, within a stated period of at least 14 days, return to the chief executive all relevant items in the person’s possession.
(4)The responsible person must not contravene the requirement unless the person has a reasonable excuse.

(5)In this section—

inspection report: see the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021, section 86(2)(a).
relevant item: means—
(a): in relation to a part 3 approval that is an AIS approval—
(i): a document that is, under the Business Rules for Approved Inspection Stations, required to kept by the proprietor of the AIS; and
(ii): unused inspection certificates and safety labels; and
(iii): unused inspection reports; or
(b): in relation to a part 3 approval that is registration as a registered service provider—unused competency declaration forms issued by the chief executive to the registered service provider.
responsible person: means—
(a): in relation to a part 3 approval that is an AIS approval—the person who is, or on the cancellation or expiry of the approval ceases to be, the proprietor of the AIS; or
(b): in relation to a part 3 approval that is registration as a registered service provider—the person who is, or on the cancellation or expiry of the approval ceases to be, the registered service provider; or
(c): if a person mentioned in paragraph (a) or (b) is a deceased individual—the person’s personal representative; or
(d): if a person mentioned in paragraph (a) or (b) is a corporation that is being wound up—the liquidator of the corporation appointed under the Corporations Act.

82Part 3 approval not transferable#

A part 3 approval can not be assigned or transferred.

83Part 3 approval is prescribed approval—Act, s 18(1)(c)(ii)#

A part 3 approval is prescribed for section 18(1)(c)(ii) of the Act.

Division 2Particular provisions for registered service providers#

Subdivision 1Records#

84Making eligible person record#

A registered service provider must—

(a) when starting to provide Q-Ride training to an eligible person, make a written record (an eligible person record) of the eligible person; and
(b) include in the record the following information as soon as possible after the information becomes available to the provider—
(i) the eligible person’s name and address;
(ii) the eligible person’s driver licence number, licence type, class and expiry date;
(iii) the documents or information the eligible person produced to the provider to verify that the eligible person is an eligible person to receive the Q-Ride training;
(iv) the date the provider started to provide the training;
(v) the date a competency recommendation notice for the eligible person was received;
(vi) if the provider completes a competency declaration for the eligible person—the serial number of the competency declaration and the date on which the competency declaration was completed.

85Keeping of training records#

(1)A person who is, or has been, a registered service provider must—
(a)keep training records, for an eligible person to whom the provider has provided Q-Ride training, for at least 2 years from—
(i)if the provider has completed a competency declaration for the eligible person—the date on which the competency declaration was completed; or
(ii)otherwise—the date the record was made or given to the provider; and
(b)keep the training records at—
(i)a secure storage place at the provider’s place of business; or
(ii)for a person who is no longer a registered service provider—a secure storage place stated by the person in a signed notice to the chief executive; and
(c)if asked, make the training records available for inspection by the chief executive.

(2)In this section— training records, for an eligible person, means the following—

(a) the eligible person record for the eligible person;
(b) the eligible person’s Q-Ride training record given to the provider;
(c) the competency recommendation notice for the eligible person given to the provider;
(d) for a competency declaration completed for, and given to, an eligible person using a competency declaration form issued by the chief executive—a copy of the competency declaration.

Subdivision 2Competency declarations#

86Requirement to complete competency declaration#

(1)This section applies if—
(a)an eligible person has completed Q-Ride training provided to the eligible person by a registered service provider; and
(b)either of the following applies—
(i)a rider trainer who is an employee of the provider gives the provider a competency recommendation notice for the eligible person;
(ii)the provider is also a rider trainer and assesses the eligible person as having attained the competencies required under the Q-Ride training curriculum.
(2)The provider must promptly complete a competency declaration for the eligible person.
(3)A competency declaration is completed for an eligible person—

Maximum penalty—40 penalty units.

(a)using a competency declaration form issued by the chief executive if—
(i)the form is properly completed; and
(ii)the form is signed by the provider, if the provider is an individual, or a nominated person for the provider; and
(iii)the form is given to the eligible person; or
(b)using a form that is part of an online system provided by the chief executive if—
(a)the form is properly completed by the provider, if the provider is an individual, or a nominated person for the provider; and
(b)the online system records the competency declaration as completed.

(4)The competency declaration is valid for 1 year from the day the provider completes it.

87Restriction on completing competency declaration#

A registered service provider who provides Q-Ride training to an eligible person must not complete a competency declaration for the eligible person in a way the provider knows is false or misleading in a material particular.

Maximum penalty—80 penalty units.

(a) the eligible person has not attained the competencies to ride, or learn to ride, the class of motorbike; or

(b) no assessment of the eligible person’s competence to ride, or learn to ride, the class of motorbike has been made; or
(c) the assessment of the eligible person’s competence to ride, or learn to ride, the class of motorbike did not comply with the Q-Ride training curriculum; or
(d) the declaration is for a class of motorbike other than that for which the training has been given.

Subdivision 3Provision of Q-Ride training#

90Ratio of eligible persons to rider trainers giving Q-Ride training#

A registered service provider must not allow an employee of the provider who is a rider trainer to give Q-Ride training if the provider knows, or reasonably ought to know, that by giving the training the trainer would commit an offence against section 39.

Maximum penalty—40 penalty units.

91False statements#

A person (the first person) who is not a registered service provider must not state, either orally or in writing, anything to another person that is likely to induce the other person to believe the first person—

(a) is a registered service provider; or
(b) may provide Q-Ride training; or
(c) may complete a competency declaration for a person.

Maximum penalty—80 penalty units.

92False advertising#

A person who is not a registered service provider must not publish, or cause to be published, an advertisement stating or implying the person—

(a) is a registered service provider; or
(b) may provide Q-Ride training; or
(c) may complete a competency declaration for a person.

Maximum penalty—80 penalty units.

93Chief executive may make rules for providing Q-Ride training#

(1)The chief executive may make rules (business rules for providing Q-Ride training) for the provision of Q-Ride training by a registered service provider.
(2)The business rules for providing Q-Ride training must provide for the content, quality and assessment processes of a curriculum for Q-Ride training (the Q-Ride training curriculum) that must be given by a registered service provider.
(3)The business rules for providing Q-Ride training may also provide for any other matter the chief executive considers appropriate, including, for example, the following—
(a)particular matters relating to the operation of a registered service provider’s business;
(b)the procedures and practices a registered service provider must comply with in giving the training.
(4)The chief executive must publish the business rules for providing Q-Ride training on the department’s website.

97Particular approval notices prescribed—Act, s 26(1)(c)#

An approval notice given to a registered service provider is prescribed for section 26(1)(c) of the Act.

98Reasonable excuse#

(1)It is not a reasonable excuse for a registered service provider not to comply with a condition mentioned in schedule 2, section 8(4) that complying with the condition might tend to incriminate the registered service provider.
(2)However, if the registered service provider is an individual, the following is not admissible in evidence against the person in a civil or criminal proceeding, apart from a proceeding for an offence against section 52 or 53 of the Act—
(a)a notice mentioned in schedule 2, section 8(4); or
(b)information directly or indirectly derived from the notice.

Division 3Particular provisions for approved inspection stations#

Subdivision 1Nominees#

99Requirement for nominee#

The holder of an AIS approval must 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 the holder of another AIS approval; or
(e) will not be present at the fixed AIS to supervise work on a daily basis.

100Application for approval as nominee#

(1)An individual may apply to the chief executive for approval of the individual as the nominee for the holder of an AIS approval.

(2)The application must be—
(a)endorsed by the holder of the AIS approval; and
(b)accompanied by the prescribed fee.

101Decision on application#

(1)The chief executive must consider the application within 28 days 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)An approval as a nominee is prescribed for the Act, section 18(1)(c)(ii).

102Suitability for approval as nominee#

(1)The chief executive may grant the application only if satisfied the applicant—
(a)is an adult; and
(b)is an appropriate person to be a nominee; and
(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; and
(d)has successfully completed each training course approved for an applicant for approval as a nominee under section 106A.

(2)Without limiting subsection (1), the chief executive may refuse to grant the application if the applicant has been—
(a)convicted of a road transport offence within 5 years immediately before the application was made; or
(b)convicted of a disqualifying offence.

103Notice of decision#

(1)If the chief executive decides to grant the application, the chief executive must give the applicant written notice of the decision within 14 days after making the decision.
(2)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 within 14 days after making the decision.
(3)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.

104Ending of approval as nominee#

(1)A person’s approval as a nominee ends if the person stops holding the position mentioned in section 102(1)(c).
(2)Subsection (3) 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.
(3)The AIS approval is suspended until another person is approved as the nominee for the holder of the approval.

105Meaning of nominee—Act, s 17C(6), definition nominee#

For section 17C(6) of the Act, definition nominee, nominee, for an AIS approval, means a person approved as a nominee under section 101.

105ATraining requirement for nominee—Act, s 18#

(1)This section applies to a nominee whether the person’s application for approval as a nominee was granted before the commencement or is granted after the commencement.
(2)The nominee must successfully complete each training course approved for a nominee under section 106A within the completion period for the training course.
(3)For section 18(1)(s) of the Act, the nominee contravening subsection (2) is prescribed as a ground for suspending or cancelling the person’s approval as a nominee.

106Nominee required to notify chief executive of particular events#

A nominee 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 a road transport offence.

Maximum penalty—30 penalty units.

Subdivision 2Other provisions#

106AApproved training course for AIS activities#

(1)This section applies in relation to the following activities (AIS activities) for an AIS approval or an approval as a nominee—
(a)operating an AIS;
(b)inspecting particular types of vehicles at an AIS.

The chief executive may approve a training course for carrying out the AIS activities if the chief executive considers a person who successfully completes the training course will have, or continue to have, the skills and knowledge necessary to carry out the activities.

The chief executive may approve a training course under subsection (2) for completion by any 1 or more of the following—

(a) an applicant for the grant of an AIS approval;
(b) an applicant for the grant of an approval as a nominee;
(c) the holder of an AIS approval;
(d) a nominee.

The chief executive may approve a registered training organisation to conduct a training course approved under subsection (2).

The chief executive must notify the following on the department’s website—

(a) each training course approved under subsection (2);
(b) the class of person for which the training course is approved under subsection (3);
(c) for a training course approved for completion by the holder of an AIS approval or a nominee—the period (the completion period), of at least 3 months after the day the training course is notified, in which an AIS approval holder or nominee is required to successfully complete the training course;
(d) if a registered training organisation is approved to conduct a training course under subsection (4)—
(i) the name of the training organisation; and
(ii) each training course the training organisation is approved to conduct;
(e) if paragraph (d) does not apply in relation to a training course—information about where the training course may be undertaken.

107Chief executive may make rules for operation of AIS#

The chief executive may make rules (the Business Rules for Approved Inspection Stations) for the operation of an AIS.

The Business Rules for Approved Inspection Stations may provide for any matter the chief executive considers appropriate.

The chief executive must publish the Business Rules for Approved Inspection Stations on the department’s website.

108Keeping and maintaining equipment at AIS#

The proprietor of an AIS must—

(a) keep at the AIS the required equipment for the AIS approval; and
(b) ensure the equipment is maintained so it efficiently performs the function for which it is designed.

Maximum penalty—30 penalty units.

If the proprietor is not the holder of the AIS approval, the holder must give the proprietor a copy of the Business Rules for Approved Inspection Stations before vehicles are inspected at the AIS.

In this section—

required equipment: for an AIS approval, means equipment stated in the Business Rules for Approved Inspection Stations as being necessary for inspecting vehicles of the type that may be inspected under the AIS approval.

109Inspections permitted at an AIS#

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.

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.

The proprietor must—

(a) ensure each approved examiner employed at the AIS has a sound knowledge of an approved examiner’s function under the Act; and
(b) supervise each approved examiner employed at the AIS; and
(c) ensure the approved examiner discharges the examiner’s function under the Act.

Maximum penalty—30 penalty units.

The proprietor must not charge an amount for an inspection for the issue of an inspection certificate more than the prescribed fee for the inspection.

Maximum penalty—30 penalty units.

110Notification of change#

If any of the following events happen, the proprietor of an AIS must give the chief executive written notice of the event within 14 days after the event happens—

(a) an approved examiner starts or finishes working at the proprietor’s business;
(b) there is a change of the name or location of the business;
(c) there is a change of ownership of the business;
(d) the proprietor stops carrying on the business.

Maximum penalty—30 penalty units.

111Notification if certificate destroyed, lost or stolen#

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.

If a person makes an oral notification under subsection (1), the person must confirm the notification in writing within 14 days after the event happens.

Maximum penalty—30 penalty units.