Part 4Approval of interlock providers#

112Applicant for approval#

A person is taken to be an applicant for an approval under this part to provide approved interlocks (an interlock approval) if—

(a) the person enters into a written agreement with the chief executive to act as a provider of approved interlocks; or
(b) the person is—
(i) an approved interlock provider; and

(ii) the person's interlock approval will expire within 6 weeks; and
(iii) the person has entered into a written agreement with the chief executive to act as a provider of approved interlocks after the expiry of the person's interlock approval.

(2)In this section—

approved interlock: means an interlock that is approved under the Transport Operations (Road Use Management—Driver Licensing) Regulation 2021, section 334.
interlock: see the Transport Operations (Road Use Management) Act 1995, section 91I.

113Refusing interlock approval—Act, s 17B(2)#

The chief executive may refuse to grant an interlock approval if the applicant for the approval, or a relevant person for the applicant, has been convicted of a dishonesty offence.

114Decision on application#

After considering a report from the commissioner about the criminal history of an applicant for an interlock approval, or of a relevant person for the applicant, the chief executive must decide to—

(a) grant the approval, with or without conditions the chief executive considers reasonable and relevant; or
(b) refuse to grant the approval.

115Granting interlock approval#

(1)If the chief executive decides to grant an interlock approval, the chief executive must give the applicant for the approval 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 dates for the approval;
(c) any imposed conditions for the approval.

(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 interlock approval, the chief executive must give the applicant an information notice for the decision with the approval notice.

116Notice of refusal to grant interlock approval#

If the chief executive decides to refuse to grant an interlock approval, the chief executive must give the applicant for the approval an information notice for the decision within 14 days after making the decision.

117Statutory conditions for interlock approval#

(1)An interlock approval is subject to the conditions stated in schedule 3.
(2)Subsection (1) does not limit section 114(a).

118Duration of interlock approval#

An interlock approval is for the term, not longer than 5 years, stated in the approval notice.

119Interlock approval not transferable#

An interlock approval can not be assigned or transferred.

120Immediate cancellation#

An interlock 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 wound up.

121False 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 other person to believe the first person—

(a) is an approved interlock provider; or
(b) may provide prescribed interlocks.

Maximum penalty—80 penalty units.

122False 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.

123Interlock approval is prescribed approval—Act, s 18(1)(c)(ii)#

An interlock approval is prescribed for section 18(1)(c)(ii) of the Act.