Part 7Miscellaneous#

135Transport Acts—Act, sch 4#

For schedule 4 of the Act, definition transport Act, paragraph (b), the Transport Infrastructure Act 1994, section 46 is prescribed.

136Approval of random inspection program#

(1)The chief executive may approve a program for stopping private vehicles for section 47 of the Act, only if the program—
(a)states that only an authorised officer who has successfully finished a particular course of training may exercise the powers of an authorised officer at a checkpoint; and
(b)requires an authorised officer to wear a uniform approved by the chief executive when the authorised officer is on duty at the checkpoint; and
(c)requires a police officer in uniform to be present at the checkpoint at night; and
(d)establishes particular objective criteria for the random selection of motor vehicles for stopping at checkpoints.

1Every fifth motor vehicle passing the checkpoint is to be checked.
2Every second motor vehicle passing the checkpoint that appears to the authorised officer to be older than 5 years is to be checked.

(2)The program may include other matters the chief executive considers appropriate.
(3)The exercise of a power under section 31(1)(a) of the Act is not invalid only because the authorised officer did not tell the driver the particular objective criterion used to select the driver's vehicle for stopping the vehicle at a checkpoint.
(4)A course of training mentioned in subsection (1) must educate authorised officers about the powers and duties of authorised officers under the Act and the appropriate way of exercising the powers and duties.

137Meaning of oversize vehicle—Act, sch 4, definition oversize vehicle#

(1)This section applies for the purposes of schedule 4 of the Act, definition oversize vehicle.
(2)An oversize vehicle is—
(a)an oversize heavy vehicle; or
(b)an oversize light vehicle.

138Way to require vehicles to stop or move in preparation for stopping—Act, ss 31(3) and 32(3) and (4)#

(1)For section 31(3) or 32(3) of the Act, an authorised officer may require the person in control of a motor vehicle to stop the vehicle or, for section 32(4) of the Act, to move the vehicle in preparation for stopping it—
(a)by signalling in a way stated in schedule 4; or
(b)by a sign displayed—
(i)by the authorised officer; or
(ii)on or in the vicinity of the road.

a sign indicating that trucks must stop at a weighbridge when it is open
a sign indicating that trucks must use left lane
a sign indicating that trucks must exit

(2)To help in attracting the attention of the person in control of the motor vehicle to the authorised officer's signal or sign, an authorised officer who is not a police officer may, on the officer's vehicle—
(a)display flashing magenta coloured lights; or
(b)operate a horn.

138AMotor vehicle used to provide public passenger service must not have passenger accessible controls#

(1)The driver of a motor vehicle fitted with passenger accessible controls must not use the vehicle to provide a public passenger service.

Maximum penalty—20 penalty units.

(2)In this section—

passenger accessible controls: for a motor vehicle, means accelerator, clutch or footbrake controls accessible for immediate use by a person other than the driver of the vehicle.
public passenger service: see the Transport Operations (Passenger Transport) Act 1994, schedule 3.

139Light or sign creating danger to traffic#

(1)This section applies if the chief executive or commissioner considers a light or sign in, on, or near a road, or attached to a building or other structure in the vicinity of a road, may create a danger to traffic.
(2)The chief executive or commissioner may give the owner of the light or sign a written notice requiring the owner, within the time stated in the notice, to—
(a)remove the light or sign; or
(b)modify the light or sign, in the way stated in the notice, so it does not create a danger to traffic.
(3)The owner must comply with the notice unless the owner has a reasonable excuse.

Maximum penalty—40 penalty units.

(4)If the owner does not comply with the notice, the chief executive or commissioner may—
(a)remove the light or sign; and
(b)recover the removal costs from the owner as a debt.

140Review of decisions#

(1)Sections 65 and 65A of the Act apply to a schedule 5 decision as if a reference to an original decision in section 65 of the Act were a reference to the schedule 5 decision.
(2)In this section—

schedule 5 decision: means a decision mentioned in schedule 5.

141Completing training course for another person#

(1)This section applies if a person (the responsible person) is required under this regulation to—
(a)successfully complete a training course, approved under section 20, relating to an existing or prospective accreditation as an approved examiner; or
(b)successfully complete a training course approved under section 106A relating to an existing or prospective AIS approval or approval as a nominee.
(2)A person, other than the responsible person, must not complete all or part of the training course for the responsible person.

Maximum penalty—40 penalty units.

141ADisclosure of information to registered training organisation#

(1)This section authorises the disclosure of information for section 143(2)(b)(i) of the Act.
(2)Subsection (3) applies if—

142Return of unused certificates, plates and labels by proprietor of modification business#

(1)If the proprietor of a modification business stops carrying on the business, the proprietor must return to the chief executive all unused certificates, plates or labels in the proprietor's possession within 14 days after the proprietor stops carrying on the business.

Maximum penalty—30 penalty units.

(2)In this section—

certificate: certificate means a document in a form intended for use as a certificate of modification for a vehicle.
plate or label: plate or label means a plate or label intended for use as a modification plate for a vehicle.

143Document keeping by proprietor of modification business#

(1)The proprietor of a modification business must keep a copy of a certificate of modification for a vehicle for 7 years after it is given to an owner.

Maximum penalty—30 penalty units.

(2)The proprietor of a modification business must keep a cancelled certificate of modification for a vehicle for 2 years after the certificate is cancelled.

Maximum penalty—30 penalty units.

(3)The proprietor of a modification business must keep a document mentioned in subsection (1) or (2) at the proprietor's business premises during its ordinary business hours.
(4)However, if the proprietor of a modification business stops carrying on the business, the proprietor must, within 14 days after the proprietor stops carrying on the business, return to the chief executive a document the proprietor is keeping under subsection (1) or (2) immediately before the proprietor stops carrying on the business.

Maximum penalty—30 penalty units.

144Fees#

Schedule 6 states fees payable for this regulation.

144ARounding of amounts expressed as numbers of fee units#

(1)This section applies for working out the amount of a fee expressed in this regulation as a number of fee units.
(2)For the purpose of the Acts Interpretation Act 1954, section 48C(3), the amount is to be rounded to the nearest multiple of 5 cents (rounding one-half upwards).

145Waiver of particular fees#

The chief executive may waive any of the following—

(a) an application fee payable under schedule 6, item 1, 6 or 9;
(b) an additional application fee payable under schedule 6;
(c) a fee payable under schedule 6, item 10 if the AIS approval being replaced was lost or damaged because of a natural disaster.

146Refund of particular fees—accredited persons and nominees#

(1)This section applies if—
(a)a person applies for—
(i)appointment as an accredited person, other than as a rider trainer; or
(ii)approval as a nominee; and
(b)the chief executive does not ask the commissioner, under section 17C of the Act, for a written report about the person's criminal history for the application.
(2)For an application for appointment as an approved person, the application fee paid under schedule 6, item 1 must be refunded to the applicant.
(3)For an application for approval as a nominee, the application fee paid under schedule 6, item 9 must be refunded to the applicant.

(4)For all other applications to which this section applies, the additional application fee paid under schedule 6, item 2 or 3 must be refunded to the applicant.

146ARefund of particular fees—part 3 approvals#

(1)This section applies if—
(a)a person applies for—
(i)the grant or renewal of a registration as a registered service provider; or
(ii)the grant of an AIS approval; and
(b)the chief executive does not ask the commissioner, under section 17C of the Act, for a written report about the criminal history of 1 of the following persons for the application (each a prescribed person)—
(i)if the applicant is 1 or more individuals—an applicant;
(ii)if the applicant is a corporation—an executive officer of the corporation.
(2)For an application for the grant or renewal of a registration as a registered service provider, the part of the application fee paid under schedule 6, item 6 for the prescribed person must be refunded to the applicant.
(3)For an application for the grant of an AIS approval, the part of the additional application fee paid under schedule 6, item 7 for the prescribed person must be refunded to the applicant.

147Refund of fees in relation to smartcard accreditation documents#

(1)This section applies if—
(a)the chief executive refuses to grant an application in relation to a smartcard accreditation document; or an applicant withdraws an application in relation to a smartcard accreditation document before the chief executive grants the application.

(2)The chief executive may refund the whole or part of a fee paid by the applicant in relation to the application.
(3)This section does not affect section 146.