Part 1AApprovals#

17AMeaning of approval for pt 1A#

  1. (1)This section applies for part 1A.
  2. (2)An approval includes an accreditation, administrative determination, certificate, consent, exemption, licence, permit and registration given or granted by the chief executive under this Act.
  3. (3)However, an approval does not include the following—
  4. (a)an approval under section 166;
  5. (b)a Queensland driver licence;
  6. (c)an authorised scheme under chapter 5, part 7A;
  7. (d)the authorisation, under chapter 5, part 7A, of a person to perform a role under an authorised scheme;
  8. (e)an exemption under section 153.
  9. (4)Despite subsection (3)(b), an approval includes an interlock exemption.

17BGranting, renewing or refusing approval#

  1. (1)A regulation may provide for the granting or renewing of, or refusing to grant or renew, an approval, other than an approval for an alternative compliance scheme under section 15.
  2. (2)Without limiting subsection (1), a regulation may authorise the chief executive to refuse to grant or renew an approval prescribed under a regulation, other than a permit under section 111, if the applicant for or holder of an approval, or a relevant person for the applicant or holder within the meaning of section 17C(3), has been—
  3. (a)convicted of a disqualifying offence; or
  4. (b)charged with a disqualifying offence and the charge has not been finally disposed of.
  5. (3)In this section—
grant
includes issue or give.

17CChief executive may obtain information from commissioner#

  1. (1)This section applies if a regulation made under section 17B authorises the chief executive to grant or renew an approval.
  2. (2)The chief executive may ask the commissioner for a written report about the criminal history of any of the following persons—
  3. (a)the applicant for or holder of the approval;
  4. (b)a relevant person for the applicant for or holder of the approval.
  5. (3)For subsection (2)(b), a person is a relevant person for the applicant for or holder of an approval—
  6. (a)if the applicant or holder is a corporation and the person is an executive officer of the corporation; or
  7. (b)if the approval is an AIS approval and the person is a person who, under a regulation—
  8. (i)has been nominated by the applicant or holder to be a nominee for the applicant or holder; and
  9. (ii)has agreed to the nomination; or
  10. (c)if the approval is an approval as a registered service provider and the person is a person who, under a regulation—
  11. (i)has been nominated by the applicant or holder to sign declarations for the applicant or holder about another person’s competency for riding a motorbike; and
  12. (ii)has agreed to the nomination.
  13. (4)For subsection (2), the chief executive’s request may include the following information—
  14. (a)the person’s name and any other name the chief executive believes the person may use or may have used;
  15. (b)the person’s gender and date and place of birth;
  16. (c)details of the person’s driver licence;
  17. (d)details of the person’s application or approval.
  18. (5)If requested, the commissioner must give the chief executive a written report about the criminal history of a person mentioned in subsection (2)—
  19. (a)that is in the commissioner’s possession; or
  20. (b)to which the commissioner ordinarily has access through arrangements with the police service of the Commonwealth or another State.
  21. (6)In this section—
AIS approval
means an approval granted under a regulation that authorises its holder to operate a station (whether fixed or mobile) at which— (a) vehicles may be inspected for compliance with vehicle standards under a regulation made under section 148; or (b) heavy vehicles may be inspected for compliance with heavy vehicle standards under the national regulations (HVNL).
nominee
for an AIS approval, has the meaning given by a regulation made under section 148.
registered service provider
means a person registered under a regulation to provide training to, and assess the competency of, persons learning how to ride a motorbike or particular class of motorbike.

17DNotice of change in police information about a person#

  1. (1)This section applies if—
  2. (a)the commissioner reasonably suspects that a person is—
  3. (i)the holder of an approval; or
  4. (ii)a relevant person for the holder of an approval within the meaning of section 17C(3); and
  5. (b)the person’s criminal history changes.
  6. (2)The commissioner may notify the chief executive that the person’s criminal history has changed.
  7. (3)The commissioner’s notice to the chief executive must state the following—
  8. (a)the person’s name and any other name the commissioner believes the person may use or may have used;
  9. (b)the person’s gender and date and place of birth;
  10. (c)whether the change is—
  11. (i)a charge made against the person for an offence; or
  12. (ii)a conviction of the person;
  13. (d)details of the charge or conviction.

17EChief executive may enter into arrangement about giving and receiving information with commissioner#

  1. (1)This section applies only to the extent another provision of this Act allows the chief executive to give information to the commissioner or the commissioner to give information to the chief executive.
  2. (2)The chief executive and the commissioner may enter into a written arrangement by which the information is given or received.
  3. (3)Without limiting subsection (2), the arrangement may provide for the electronic transfer of information, including on a daily basis.
  4. (4)However, if information is to be electronically transferred and, under this Act, there is a limitation on who may access the information or the purposes for which the information may be used, the arrangement must provide for the limitation.

18Grounds for amending, suspending or cancelling approvals#

  1. (1)Each of the following is a ground for amending, suspending or cancelling an approval—
  2. (a)the approval was issued because of a document or representation that is—
  3. (i)false or misleading; or
  4. (ii)obtained or made in another improper way;
  5. (b)the holder of the approval has contravened a condition of the approval;
  6. (c)the holder of the approval, or any relevant person for the holder within the meaning of section 17C(3), has been convicted of—
  7. (i)an offence against—
  8. (A)this Act or a corresponding law; or
  9. (B)the Heavy Vehicle National Law or a law of another State that corresponds to a provision of the Heavy Vehicle National Law; or
  10. (ii)for the holder of an approval prescribed under a regulation, or a relevant person for the holder within the meaning of section 17C(3)—a disqualifying offence;
  11. (d)for the registration of a motor vehicle with a GVM of more than 4.5t—the vehicle has been used to commit an offence against—
  12. (i)this Act or a corresponding law; or
  13. (ii)the Heavy Vehicle National Law or a law of another State that corresponds to a provision of the Heavy Vehicle National Law;
  14. (e)for an approval of an alternative compliance scheme—
  15. (i)the scheme is not, or is no longer, an effective way of demonstrating the operator’s vehicles or drivers operating under it in Queensland achieve the relevant purpose prescribed under section 15(2); or
  16. (ii)for an interstate scheme—the approval under a corresponding law to this chapter is amended, suspended or cancelled;
  17. (f)for a permit under section 111(1)(a)—the holder is no longer a person with a disability within the meaning of that section;
  18. (g)for an approval that exempts a person from complying with a provision of this Act—
  19. (i)public safety has been endangered, or is likely to be endangered because of the approval; or
  20. (ii)transport infrastructure within the meaning of the Transport Infrastructure Act 1994 has been damaged, or is likely to be damaged because of the approval;
  21. (h)for any approval other than an approval mentioned in paragraph (g)—public safety has been endangered, or is likely to be endangered, because of the approval;
  22. (i)for an approval that is a dangerous goods driver licence—the person to whom the licence is granted no longer satisfies the criteria, however described, under the regulation that provides for the licence;
  23. (k)for an approval prescribed under a dangerous goods regulation as an approval for this paragraph—
  24. (i)a change in circumstances has happened after the approval was granted; and
  25. (ii)had the changed circumstances existed when the approval was granted, the approval would not have been granted under the regulation because of the requirements under the regulation applying to the grant;
  26. (l)for an approval prescribed under a dangerous goods regulation as an approval for this paragraph—the holder has contravened this Act or a corresponding law and the contravention makes the holder unsuitable to continue to hold the approval;
  27. (m)for an approval that is a dangerous goods driver licence—the holder is suffering from a medical condition or has a physical or mental incapacity, that makes the holder unsuitable to continue to hold the licence;
  28. (n)for an approval that is a dangerous goods vehicle licence—the vehicle does not comply with this Act;
  29. (o)for an approval that is a repeat offender education program exemption—
  30. (i)a change in circumstances has happened after the exemption was granted and, had the changed circumstances existed when the exemption was granted, it would not have been granted because of the requirements under section 91H(1) applying to the grant; or
  31. (ii)the holder of the approval has failed to comply with section 91HD;
  32. (p)for an approval that is an interlock exemption—a change in circumstances has happened after the exemption was granted and, had the changed circumstances existed when the exemption was granted, it would not have been granted because of the requirements under section 91Q(3) applying to the grant;
  33. (q)for an approval that is an interlock exemption—the holder of the approval has failed to comply with a restriction applying to the approval;
  34. (r)the chief executive considers it necessary in the public interest;
  35. (s)any other ground prescribed by regulation.
  1. (2)In this section—
change in circumstances
(a) for a person granted an interlock exemption because of circumstances mentioned in section 91Q(3)(a)—does not include the establishment of a prescribed interlock installer’s place of business near the person’s place of residence; or (b) for a person granted a repeat offender education program exemption because of circumstances mentioned in section 91H(2)(a)—does not include the establishment of a place where a repeat offender education program is provided near the person’s place of residence.
dangerous goods driver licence
means a licence, as prescribed under a dangerous goods regulation, to drive a dangerous goods vehicle.
dangerous goods vehicle licence
means a licence, as prescribed under a dangerous goods regulation, of a dangerous goods vehicle.
operator
see section 15(1).
repeat offender education program exemption
means an exemption from the requirement to complete a repeat offender education program granted under section 91HA.

19Procedure for amending, suspending or cancelling approvals#

  1. (1)If the chief executive considers a ground exists to amend, suspend or cancel an approval, (the proposed action), the chief executive must give the holder written notice—
  2. (a)stating the proposed action; and
  3. (b)stating the ground for the proposed action; and
  4. (c)outlining the facts and circumstances forming the basis for the ground; and (d) if the proposed action is to amend the approval (including a condition of the approval)—stating the proposed amendment; and

(d) if the proposed action is to amend the approval (including a condition of the approval)—stating the proposed amendment; and (e) if the proposed action is to suspend the approval—stating the proposed suspension period; and (f) inviting the holder to show (within a stated time of at least 28 days) why the proposed action should not be taken.

(2) If, after considering all written representations made within the stated time, the chief executive still considers a ground exists to take the proposed action, the chief executive may—

  • (a) if the proposed action was to amend the approval—amend the approval; or
  • (b) if the proposed action was to suspend the approval—suspend the approval for no longer than the period stated in the notice; or
  • (c) if the proposed action was to cancel the approval—
  • (i) amend the approval; or
  • (ii) suspend the approval for a period, including on the condition that—
  • (A) if the grounds for taking action under this section are capable of being remedied by the holder, the holder remedy the grounds to the chief executive’s reasonable satisfaction within a reasonable time before the suspension period ends; and
  • (B) if the holder fails to remedy the grounds in accordance with subparagraph (A), the chief executive may cancel the approval under section 19A; or
  • (iii) cancel the approval.

(3) The chief executive must give the holder a written notice about the decision (subsection (3) notice).

(4) The decision takes effect on the later of the following—

  • (a) the day the subsection (3) notice is given to the holder;
  • (b) the day stated in the subsection (3) notice.

(5) However, despite subsection (1), if the chief executive considers it necessary in the public interest, the chief executive may, by written notice (immediate suspension notice) given to the holder, immediately suspend the approval until the earliest of the following—

  • (a) the chief executive, after complying with subsections (1) and (2), gives the holder a subsection (3) notice;
  • (b) the end of 56 days after the day the immediate suspension notice is given to the holder.

(6) A subsection (3) notice, or an immediate suspension notice, must state—

  • (a) the reasons for the decision for which the notice is given; and
  • (b) the prescribed review information for the decision.

(7) If a subsection (3) notice is given about a decision to suspend an approval on the condition mentioned in subsection (2)(c)(ii), the subsection (3) notice must also state that the approval may be cancelled under section 19A if the holder fails to comply with the condition.

(8) Subsections (1) to (7) do not apply—

  • (a) if the chief executive proposes to amend the approval only—
  • (i) for a formal or clerical reason; or
  • (ii) in another way that does not adversely affect the holder’s interests; or
  • (b) if the holder asks the chief executive to amend or cancel the approval and the chief executive proposes to give effect to the request.

(9) The chief executive may amend or cancel an approval under subsection (8) by written notice given to the holder.

19ACancelling suspended approval for failing to take remedial action#

(1) This section applies if the chief executive—

  • (a) suspends an approval on the condition mentioned in section 19(2)(c)(ii); and
  • (b) reasonably believes the holder has failed to comply with the condition.

(2) The chief executive may by written notice given to the holder cancel the approval.

(3) The notice must state—

  • (a) the reasons for the decision to cancel the approval; and
  • (b) the prescribed review information for the decision.

(4) The cancellation takes effect on the later of the following—

  • (a) the day the notice is given to the holder;
  • (b) the day stated in the notice.

19CAutomatic suspension of particular licences under dangerous goods regulation#

(1) If the driver licence of the holder of a dangerous goods driver licence is no longer in force under this Act or a corresponding law, the dangerous goods driver licence is suspended.

(2) If a dangerous goods vehicle is no longer registered under this Act or a corresponding law, the dangerous goods vehicle licence is suspended.

(3) Section 19 does not apply to a suspension under this section.

(4) In this section—

dangerous goods driver licence
means a licence, as prescribed under a dangerous goods regulation, to drive a dangerous goods vehicle.
dangerous goods vehicle licence
means a licence, as prescribed under a dangerous goods regulation, of a dangerous goods vehicle.
driver licence
does not include a dangerous goods driver licence.
Source: TORUM Act 1995 · pages 33–44 Open PDF at this page Search this document