56 Applicable vehicle standards
The applicable vehicle standards for a registrable vehicle are the requirements specified in Schedule 4 that apply to the vehicle.
57 Registrable vehicles to comply with vehicle standards specified in Schedule 4
(1) A person must not use a registrable vehicle on a road or road related area unless:(a) the vehicle complies with the applicable vehicle standards for the vehicle, and(b) the vehicle and its parts and equipment are suitable for safe use and are in a thoroughly serviceable condition.Maximum penalty: 20 penalty units.
(2) Without limiting the liability of any other person under subclause (1), a registered operator (other than a registered operator using a vehicle in contravention of that subclause) of a registrable vehicle that is used in contravention of subclause (1) is also guilty of an offence under that subclause.(3) A person is not guilty of an offence under subclause (1) if:(a) the vehicle concerned is used on a road or road related area in accordance with a condition imposed on its use, given expressly or by necessary implication, by a police officer or the Authority under section 26 of the Act, or(b) the vehicle:(i) fails to comply with the dimension limits prescribed by Division 2 of Part 4 of Schedule 4, and(ii) is exempted from the dimension limits by the operation of clause 90, or(c) the vehicle is conditionally registered under this Regulation despite a failure to comply with an applicable vehicle standard for the vehicle and is used on a road or road related area in accordance with the conditions of registration, or(d) the vehicle concerned is used on a road or road related area in accordance with the conditions of an unregistered vehicle permit.(4) If any person employed by a registered operator of a registrable vehicle to drive the vehicle becomes aware that the vehicle is not in a safe and thoroughly serviceable condition to be used on a road or road related area, the person must:(a) prepare, as soon as is practicable, in duplicate, a report on a form supplied to the person for that purpose by the registered operator that includes the prescribed particulars, and(b) retain a copy of the report and, as soon as is practicable:(i) leave the other copy of the report with the registered operator, or(ii) if it is not practicable for the registered operator personally to take delivery of the report—leave the report for the operator with a person, or at a place, appointed by the operator for the purpose.Maximum penalty (subclause (4)): 20 penalty units.
(5) A registered operator of any registrable vehicle who employs any person to drive the vehicle must:(a) provide the driver with forms for the purposes of subclause (4) and appoint a person with whom or a place at which, any report referred to in that subclause may be left for the operator when it is not practicable for the registered operator to take delivery of it, and(b) retain a copy of any report left with or for the registered operator under subclause (4) for a period of 6 months from the date of the report, and(c) produce the report (or cause it to be produced) for inspection if requested to do so by a police officer or the Authority.Maximum penalty (subclause (5)): 20 penalty units.
(6) Nothing in subclause (4) or (5) affects the liability of any person under subclause (1) or (2).(7) In this clause:prescribed particulars, in relation to a report referred to in subclause (4), means:
(a) the date of the report, and(b) the registration number of the vehicle, and(c) a statement specifying which parts or equipment of the vehicle need, in the person’s opinion, to be repaired, replaced or adjusted to put the vehicle in a safe and thoroughly serviceable condition.registrable vehicle includes a road train and any component vehicle of a road train and a B-double.
Part 2 Standards and certifications
58 Compliance with vehicle standards
(1) The Authority may accept as evidence that a registrable vehicle complies with the applicable vehicle standards for the vehicle:(a) an identification plate relating to the vehicle, or(b) a certificate to that effect issued by the manufacturer of the vehicle, or(c) the fact that the vehicle and the registered operator of the vehicle are the subject of an accreditation under a Maintenance Management Accreditation Scheme under Part 6 of Chapter 5, or(d) the fact that the vehicle and the registered operator of the vehicle are the subject of an accreditation under a Non-national Maintenance Scheme approved by the Authority, or(e) the fact that the vehicle and the registered operator of the vehicle are the subject of an accreditation under the Hire Trailer Maintenance Management Accreditation Scheme under Part 7 of Chapter 5.(2) In the absence of evidence mentioned in subclause (1), the Authority may, on inspecting the registrable vehicle, issue a certificate to the effect that the vehicle complies with the applicable vehicle standards for the vehicle.
59 Non-complying and non-standard vehicles
A registrable vehicle that does not comply with the vehicle standards may be conditionally registered if the vehicle has:(a) an operations plate installed on it in accordance with clause 60, or(b) a certificate of approved operations issued in accordance with clause 60, or(c) an identification plate relating to the vehicle.
60 Installation of operations plates and the modification of vehicles
(1) The Authority may authorise a person to install an operations plate on, or issue a certificate of approved operations for, a registrable vehicle that has been manufactured or modified in such a way that the vehicle does not comply with the applicable vehicle standards for the vehicle.(2) An operations plate installed on, or a certificate of approved operations issued for, a registrable vehicle must indicate:(a) any deficiencies in the vehicle’s operating characteristics, and(b) any conditions that should be applied to the vehicle’s registration.(3) A person who modifies, or adds components to, a registrable vehicle must ensure that:(a) if the vehicle complied with the applicable vehicle standards for the vehicle immediately before the modification or addition—the vehicle continues to comply with those standards, and(b) the modification or addition is certified by an authorised person as complying with the National Code of Practice for Heavy Vehicle Modifications (1993) published by the Federal Office of Road Safety as Vehicle Standards Bulletin No 6 or specification published by the Authority or is otherwise acceptable to the Authority.Maximum penalty (subclause (3)): 20 penalty units.
Division 1 When vehicles may be inspected
(1) The Authority or a police officer may require a person to present a registrable vehicle for inspection by the Authority or an authorised examiner at a time and place specified in a notice in writing served on the person if:(a) the person has control over the vehicle, or(b) the vehicle is registered and the person is a registered operator of the vehicle.(2) A person on whom a notice under subclause (1) has been served may, not later than 24 hours before the time specified in the notice, request the Authority or police officer to change the time or place of inspection.(3) The Authority or police officer must consider any request made under subclause (2) and must, if it is reasonable to do so, notify the person of any change in the time or place of inspection.(4) A person must comply with:(a) any notice served on the person under subclause (1), or(b) any notification given to the person under subclause (3).Maximum penalty (subclause (4)): 20 penalty units.
(5) The Authority may require the registered operator of a registrable vehicle that is inspected pursuant to this clause to pay the applicable scheduled fee for the inspection.(6) Subclause (5) does not apply to any of the following vehicles if the inspection is carried out solely for the purpose of determining whether the vehicle’s exhaust emission levels comply with this Regulation:(a) a motor lorry with a GVM of 4.5 tonnes or more,(b) an articulated motor lorry,(c) a prime mover,(d) a tow truck,(e) a trailer,(f) a bus or other vehicle equipped to seat more than 8 adult persons,(g) a taxi-cab.
(1) Unless otherwise determined by the Authority, a registrable vehicle must be inspected by the Authority or by an authorised examiner:(a) except as provided by paragraph (b), at least once every year, or(b) in the case of a public passenger vehicle, at least twice every year.(2) In the case of a vehicle to be inspected by the Authority:(a) the fees to accompany an application for the registration or renewal of registration of the vehicle must include:(i) except as provided by subparagraph (ii), the applicable scheduled fee for one inspection of the vehicle, or(ii) in the case of a public passenger vehicle, the applicable scheduled fees for 2 inspections of the vehicle, and(b) the date, time and place for an inspection of the vehicle is to be as agreed between the Authority and the registered operator of the vehicle, and(c) unless otherwise determined by the Authority, if the vehicle is not presented for an inspection in accordance with such an agreement:(i) the inspection fee for that inspection is forfeited to the Authority, and(ii) if the vehicle is subsequently presented for inspection, a further inspection fee must be paid to the Authority before the vehicle is inspected.(3) An agreement referred to in subclause (2) (b) may be varied at the request of the registered operator of the vehicle so long as the request is made not later than 24 hours before the time currently agreed.
Division 2 Authorised examiners and inspection stations
(1) The Authority may authorise in writing any person who, in its opinion, is suitably qualified and of suitable character:(a) to conduct inspections and tests of registrable vehicles at authorised inspection stations for the purposes of determining whether or not the vehicles are suitable for safe use or comply with the requirements of the Act and this Regulation, and(b) to issue inspection reports relating to those inspections.(1A) An examiner’s authority may be issued unconditionally or subject to such conditions as the Authority may consider appropriate in relation to the person or class of persons concerned.(1B) A condition of the kind referred to in subclause (1A) may be imposed when an examiner’s authority is issued, or at any time after it is issued, and may from time to time be amended or revoked.(2) An examiner’s authority:(a) applies to the inspection of registrable vehicles generally or to the class or classes of registrable vehicles specified in the authority, and(b) remains in force until it is surrendered, suspended or cancelled, and(c) is to be issued in the manner and in the form approved by the Authority, and(d) is subject to any condition imposed by or under this clause or clause 65.(3) An examiner’s authority, or a duplicate of such an authority, must not be issued unless:(a) the applicant for the authority or duplicate has paid to the Authority the applicable scheduled fee for the issue of the authority, or(b) the Authority has exempted the applicant from payment of that fee.(4) The charge that may be made for the issue of an inspection report referred to in subclause (1) must not be more than the maximum charge for the time being specified by the Authority.(5) A person must not:(a) conduct an inspection or test of a registrable vehicle for the purpose of determining whether or not the vehicle is suitable for safe use or complies with the Act or this Regulation unless the person is the holder of an examiner’s authority, or(b) issue an inspection report relating to such an inspection unless the person is the holder of an examiner’s authority.Maximum penalty (subclause (5)): 20 penalty units.
(6) A person must not issue an inspection report if the person knows, or ought reasonably to suspect, that the report is false or misleading in a material particular.Maximum penalty (subclause (6)): 20 penalty units.
(1) A person may be authorised in writing to use premises for the purpose of conducting inspections and tests of registrable vehicles by authorised examiners if the Authority is satisfied that:(a) the premises and the equipment on the premises are suitable for that use, and(b) the person is competent to carry out the responsibilities associated with using the premises for that purpose, and(c) the person, and each person specified in the application for the proprietor’s authority as being a person who will be involved in the use of the premises for that purpose, are of suitable character.(1A) A proprietor’s authority may be issued unconditionally or subject to such conditions as the Authority may consider appropriate in relation to the person or class of persons concerned.(1B) A condition of the kind referred to in subclause (1A) may be imposed when a proprietor’s authority is issued, or at any time after it is issued, and may from time to time be amended or revoked.(2) A person must not use premises for the purposes of conducting an inspection or test referred to in subclause (1) unless the person is the holder of a proprietor’s authority in force in respect of the premises.Maximum penalty (subclause (2)): 20 penalty units.
(2A) A person who uses premises for the purposes of conducting an inspection or test referred to in subclause (1) must not permit an inspection report to be issued from those premises in relation to any such inspection or test if the person knows, or ought reasonably to suspect, that the report is false or misleading in a material particular.Maximum penalty (subclause (2A)): 20 penalty units.
(3) A proprietor’s authority includes a licence under the Motor Vehicle Repairs Act 1980.(4) A proprietor’s authority:(a) applies to the inspection of registrable vehicles generally or to the class or classes of registrable vehicles specified in the authority, and(b) remains in force until it is surrendered, suspended or cancelled, and(c) is (except in the case of a proprietor’s authority that is a licence under the Motor Vehicle Repairs Act 1980) to be granted, issued or refused (as the case requires) by the Authority, and if granted or issued, to be in the manner and form approved by the Authority, and(d) is subject to any condition imposed by or under this clause or clause 65.(5) A proprietor’s authority (other than a proprietor’s authority that is a licence under the Motor Vehicle Repairs Act 1980), or a duplicate of such an authority, must not be issued unless:(a) the applicant for the authority or duplicate has paid to the Authority the applicable scheduled fee for the issue of the authority, or(b) the Authority has exempted the applicant from payment of that fee.
65 Authority may issue rules for the purposes of this Division
(1) The Authority may issue rules, not inconsistent with the Act or this Regulation, relating to all or any of the following:(a) the inspection and testing of registrable vehicles to determine whether they are suitable for safe use or comply with the Act or this Regulation,(b) the issue of inspection reports,(c) the use of authorised inspection stations,(d) the furnishing of information as to persons involved in:(i) the conduct of inspections and tests of registrable vehicles at authorised inspection stations, or(ii) the use of authorised inspection stations for the purposes of conducting such inspections and tests.(2) The Authority may, from time to time, alter any rules so issued.(3) It is a condition of an examiner’s authority or proprietor’s authority that the holder of the authority comply with any rule in force under this clause that is issued to the person.(4) If:(a) a person, not being an authorised examiner or an authorised proprietor, requests a copy of any such rules, or(b) an authorised examiner, or an authorised proprietor, to whom a copy of those rules has been issued requests a further copy,the Authority must issue such a copy or further copy on payment of the applicable gazetted fee. However, the Authority may issue a copy without fee in a particular case.
66 Books of inspection reports
On payment of the applicable gazetted fee, the Authority may issue a book of inspection reports to the holder of a proprietor’s authority.
67 Suspension or cancellation of examiner’s authorities and proprietor’s authorities
(1) Subject to this clause and clause 68, the Authority may suspend or cancel an examiner’s authority or a proprietor’s authority if:(a) the holder has failed to comply with a condition to which the authority is subject, or(b) the Authority is, for any reason, of the opinion that the holder is not a fit and proper person to continue to hold the authority.(1A) Without limiting subclause (1) (b):(a) the Authority may form the opinion that the holder of an examiner’s authority is not a fit and proper person to continue to hold the authority if it is satisfied that any person involved in the conduct of inspections and tests of registrable vehicles pursuant to the authority is not of suitable character, and(b) the Authority may form the opinion that the holder of a proprietor’s authority is not a fit and proper person to continue to hold the authority if it is satisfied that any person involved in the use of an authorised inspection station pursuant to the authority is not of suitable character.(2) The Authority cannot suspend or cancel an examiner’s authority or a proprietor’s authority unless:(a) the Authority by notice in writing requests the person concerned to show cause why the authority should not be suspended or cancelled on the grounds specified in the notice, and(b) that person replies to the notice or fails to reply within 21 days from the date the notice was issued.(3) Subclause (2) does not apply to the suspension of an examiner’s authority or a proprietor’s authority if the Authority has reason to suspect that the holder of the authority wilfully failed to comply with any rule referred to in clause 65 and is likely to commit further breaches of those rules.(4) The holder of an examiner’s authority must not breach a condition of the authority.Maximum penalty (subclause (4)): 20 penalty units.
(1) The Authority is to appoint a committee of review to which the Authority may refer for consideration and report to the Authority any case where consideration is being given to the refusal, suspension or cancellation of an examiner’s authority or a proprietor’s authority.(2) The committee of review is to include:(a) a representative of the Authority, who is to be the chairperson of the committee, and(b) representatives of such organisations associated with trading in or servicing of registrable vehicles as the Authority considers appropriate.(3) The committee of review may determine its own procedure for dealing with cases referred to it by the Authority for consideration and report.(4) The committee of review must take into consideration any reply to a notice referred to in clause 67 (2) that is received by the Authority before the Authority refers the matter to which the notice relates to the committee.(5) The committee of review is to report to the Authority on any matter referred to it for consideration and must state in the report any recommendation that it wishes to make.(6) If members of the committee of review do not agree on the nature of a recommendation to be so stated, the committee must record the disagreement in its report and may state in the report more than one recommendation.(7) In determining any matter referred to in clause 67, the Authority is to have regard to the report of the committee of review but is not bound to follow any recommendation contained in the report.
69 Notification of decisions by Authority
(1) If an application for the issue of an examiner’s authority or a proprietor’s authority is refused, or if an examiner’s authority or proprietor’s authority is suspended or cancelled, the Authority must notify the applicant or holder of the authority in writing of the refusal, suspension or cancellation and of the grounds for it.(2) (Repealed)(3) Subject to subclauses (4) and (6), the decision of the Authority to suspend or cancel an authority has effect on and from the date that is 21 days after the date on which the holder is notified.(4) Despite subclause (3), if the Authority has reason to suspect that the holder of an authority has wilfully failed to comply with any rule in force under clause 65 and is likely to commit further breaches of those rules, the decision of the Authority to suspend or cancel the authority may be expressed, in the instrument by which the holder is notified of the decision, to be effective on and from the date on which the holder is notified, and the decision has effect accordingly.(5) The date on which a holder is notified under this clause is:(a) if the notice is sent by mail—the date when the notice would be delivered in the ordinary course of post, or(b) if the notice is delivered to the holder personally—the date when it is so delivered.(6) Subject to subclause (4), if the holder of an authority appeals under Division 2 of Part 3 of the Road Transport (General) Regulation 2005 against a decision in respect of the suspension or cancellation of an authority, the decision has effect:(a) only if the court hearing the appeal confirms the decision or the appeal is withdrawn, and(b) subject to any variation of the decision made by that court, and(c) on the date on which that court confirms the decision, or on such later date (if any) as that court orders, or, if the appeal is withdrawn, on the date on which it is withdrawn.(7) If the decision to suspend or cancel an authority has effect, the holder must immediately deliver to the Authority any forms issued by the Authority in connection with the authority together with the authority itself.(8) (Repealed)
Part 4 Component identification numbers
In this Part:component identification number, when used in relation to a part of a registrable vehicle, means the number and any accompanying letters or symbols stamped on or otherwise affixed to that part as a means of identifying the part (but does not include any casting number or any number used as a means of identifying a class of parts for manufacturing purposes).
vehicle part of a registrable vehicle means:
(a) the engine of the vehicle, or(b) the engine block of the vehicle, or(c) in relation to a motor vehicle other than a motor bike—the chassis, chassis sub-frame or body of the vehicle, or(d) in relation to a motor bike—the frame or the crankcase of the motor bike.
73 Allotment of component identification numbers
(1) The Authority may allot an engine number for a vehicle part of a registrable vehicle if:(a) there is no component identification number on the vehicle part of the vehicle or the component identification number of any such part appears to have been altered, defaced, removed or obliterated, and(b) the Authority is satisfied that such a number is necessary for the purpose of identifying the vehicle part.(2) The Authority may, by notice in writing, require the registered operator of any such vehicle to have the number it has allotted to the vehicle part concerned stamped on the part in such a position as the Authority may specify in the notice.
74 Altering component identification numbers of vehicle parts without authority
(1) A person (other than a manufacturer) must not, without the written authority of the Authority and except in accordance with this Part, stamp or affix (or cause or permit any other person to stamp or affix) any component identification number on or to a vehicle part or a registrable vehicle.Maximum penalty: 20 penalty units.
(2) A person must not alter, deface, remove or obliterate any component identification number stamped on or otherwise affixed to a vehicle part of a registrable vehicle otherwise than in accordance with this Part.Maximum penalty: 20 penalty units.
(3) A person must not possess a vehicle part of a registrable vehicle knowing that the component identification number stamped on or otherwise affixed to the part has been altered, defaced, removed or obliterated otherwise than in accordance with this Part.Maximum penalty: 20 penalty units.
75 Change or replacement of vehicle part
Any person who changes or replaces a vehicle part of a registrable vehicle must:(a) notify the Authority of such change or replacement within 14 days of the change or replacement, and(b) specify the following in the notification:(i) the date of the change or replacement,(ii) the registration number, if any, of the vehicle,(iii) the name and address of each registered operator of the vehicle,(iv) the make and component identification number of the vehicle part removed from the vehicle,(v) the make and component identification number of the vehicle part substituted for the original vehicle part,(vi) the name and address of the person from whom the substituted vehicle part was obtained, and(c) retain a copy of the notification in the person’s possession for a period of 6 months, and(d) produce a copy of any such notification for inspection if requested to do so by any police officer or the Authority.Maximum penalty: 20 penalty units.
Note. Section 266 of the Road Transport (General) Act 2005 empowers police officers to enter premises carrying out vehicle repairs for the purpose of tracing stolen motor vehicles and motor vehicle parts.
76 Interference with component identification number
The registered operator of a vehicle part may, if authorised in writing by the Authority, alter, deface, remove or obliterate any component identification number stamped on or otherwise affixed to the part.
77 Issue of defect notices and formal warnings
(1) A vehicle defect notice may be stated to be:(a) a major vehicle defect notice, if, in the reasonable opinion of the person issuing the notice, the further use of the registrable vehicle in road transport after the time specified in the notice would constitute an imminent and serious safety risk, or(b) a minor vehicle defect notice, if, in the reasonable opinion of the person issuing the notice, deficiencies in the registrable vehicle, if allowed to continue after the time specified in the notice, may constitute a safety risk.Note. Section 26 of the Act provides that a police officer or the Authority may issue a vehicle defect notice.Safety risk is defined in the Dictionary to mean danger to a person, to property or to the environment.
(2) A vehicle defect notice (whether a major or minor vehicle defect notice) must state:(a) the registrable vehicle’s registration details including the registration number, unregistered vehicle permit number (if practicable and applicable), expiry date and jurisdiction of registration, and(b) the name of the driver of the registrable vehicle or, if the driver is not present when the notice is issued, the term “registered operator”, and(c) to the extent practicable, the registrable vehicle’s identification details including its VIN, or if there is no VIN, the chassis number or engine number, its make and type, and(d) the type of inspection conducted, and(e) the details of the registrable vehicle’s defects and whether the notice is a major defect notice or a minor vehicle defect notice, and(f) the time and date after which the registrable vehicle is not to be used on a road or road related area, and(g) the means by which the registrable vehicle must be moved to another location following issue of the vehicle defect notice, and(h) the repair requirement, including the date by which repairs must be completed if the vehicle is to be used on a road or road related area, and(i) whether a penalty notice was also served in relation to the defect at that time, and(j) the name, official number or other identification of the person who issued the notice.(3) A person who issues a vehicle defect notice, must:(a) in the case of a registrable vehicle the driver of which is present—give the notice to the driver, and(b) in the case of a registrable vehicle that is unattended—cause the vehicle defect notice to be affixed to the vehicle, and(c) in the case of a major defect notice—cause a defective vehicle label to be affixed to the registrable vehicle.(4) A driver of a registrable vehicle (other than a registered operator of the vehicle) who is given a vehicle defect notice in accordance with subclause (3) must cause the notice to be sent to a registered operator of the vehicle.(5) A defective vehicle label must state:(a) the registrable vehicle’s registration number, and(b) the time and date after which the registrable vehicle is not to be used on a road or road related area, and(c) the means by which the registrable vehicle must be moved to another location following issue of the vehicle defect notice to which the label relates, and(d) the name, official number or other identification of the person who issued the notice, and(e) the date of issue of the label, and(f) the serial number of the defect notice to which the label relates.(6) If a person who is entitled to issue a vehicle defect notice considers that deficiencies in a registrable vehicle do not constitute a safety risk but should be remedied, the person may:(a) in the case of a registrable vehicle where the driver is present—give the driver a formal written warning, and(b) in the case of a registrable vehicle that is unattended—cause the formal written warning to be affixed to the vehicle.(7) A driver of a registrable vehicle who is given a formal written warning in accordance with subclause (6) must cause the warning to be sent to a registered operator of the vehicle.
78 Recording, clearance and withdrawal of vehicle defect notices
(1) If a vehicle defect notice is issued under the Act, the Authority must record in the Register in relation to the vehicle:(a) the serial number of the notice, and(b) the date (if any) shown on the notice for the clearance of the vehicle unless that date is later than the date of any recorded certificate of inspection.(2) The Authority may conduct or require to be conducted an inspection for the purposes of considering whether the defects described in a vehicle defect notice have been rectified and that the registrable vehicle does not have any other defects.(3) A vehicle defect notice may be cleared by the Authority or an authorised person.(4) For the purposes of this Regulation, a vehicle defect notice is cleared when:(a) the Authority receives evidence, in a form approved by the Authority, that the registrable vehicle is no longer defective, and(b) in the case of a major defect notice—the Authority causes the defective vehicle label to be defaced or removed from the registrable vehicle.(5) A person must not deface or remove a defective vehicle label unless authorised to do so by the Authority.Maximum penalty (subclause (5)): 20 penalty units.
(6) On the vehicle defect notice being cleared, the Authority must make a record in the Register to the effect that the notice has been cleared.(7) A person who issues a vehicle defect notice may withdraw that notice at any time and must cause:(a) notice of the withdrawal to be sent to the person to whom the notice was issued, and(b) a record to be made in the Register to the effect that the vehicle defect notice has been withdrawn.
Part 6 Maintenance Management Accreditation Scheme
78A Application for accreditation
(1) A registered operator of a heavy vehicle may apply to the Authority to be accredited under a Maintenance Management Accreditation Scheme.(2) An application for accreditation must be in a form approved by the Authority and be accompanied by the applicable scheduled fee.
78B Accreditation under Scheme
(1) The Authority may accredit a registered operator under a Maintenance Management Accreditation Scheme in relation to one or more nominated heavy vehicles, if the Authority is satisfied that:(a) the operator is of suitable character and is competent to carry out the operator’s responsibilities under the Scheme, and(b) the nominated vehicles comply with the requirements of the Scheme.(2) An accreditation may be issued conditionally or unconditionally, as the Authority considers appropriate, in relation to the Scheme.(3) The Authority may refuse to accredit a registered operator if the Authority is not satisfied that the registered operator, or the relevant nominated vehicles, meet the requirements of the Scheme.(4) An accreditation has a duration of either 2 or 3 years, as may be specified in the instrument of accreditation.
If the Authority accredits a registered operator under a Maintenance Management Accreditation Scheme, every nominated vehicle under that accreditation must be affixed with an accreditation label in the form and manner specified by the Authority.
78D Variation, suspension and cancellation of accreditation
(1) Subject to this clause, the Authority may vary, suspend or cancel a registered operator’s accreditation under a Maintenance Management Accreditation Scheme, if:(a) the Authority is, for any reason, of the opinion that the operator is not a fit and proper person to continue to be accredited, or(b) the registered operator has failed to comply with a condition of the accreditation, or(c) a nominated vehicle of the registered operator does not comply with any requirement of the Scheme, or(d) a review of the operator’s activities reveals non-compliance with any requirement of the Scheme.(2) Before varying, suspending or cancelling a registered operator’s accreditation under a Maintenance Management Accreditation Scheme on the ground referred to in subclause (1) (a), the Authority must give the operator notice in writing that advises the registered operator of:(a) the proposed decision and the reasons for it, and(b) the date that the proposed decision will take effect, and(c) the registered operator’s right to a review of the decision by one or more officers of the Authority appointed for the purpose (an internal review), and(d) the registered operator’s right, after an internal review is finalised, to appeal against the decision to a Local Court.(3) Before varying, suspending or cancelling a registered operator’s accreditation under a Maintenance Management Accreditation Scheme on a ground referred to in subclause (1) (b), (c) or (d), the Authority must give the operator notice in writing that advises the registered operator of:(a) the proposed decision and the reasons for it, and(b) the action to be taken by the operator to avoid the variation, suspension or cancellation and the date by which such action must be taken, and(c) the matters referred to in subclause (2) (c) and (d).(4) The notice referred to in subclause (3) must also advise the registered operator that if the action referred to in subclause (3) (b) is not taken by the date specified in the notice for that purpose, the variation, suspension or cancellation will then take effect.(5) A variation, suspension or cancellation takes effect:(a) in the case of a variation, suspension or cancellation on the ground referred to in subclause (1) (a)—on the date specified in the notice referred to in subclause (2), and(b) in the case of a variation, suspension or cancellation on a ground referred to in subclause (1) (b), (c) or (d)—if the action required to be taken to avoid the variation, suspension or cancellation has not been taken within the period specified in the notice referred to in subclause (3), at the end of that period.(6) However:(a) an application for an internal review of a decision to vary, suspend or cancel an accreditation that is duly lodged in accordance with clause 78E operates as a stay of the decision pending the determination of the review, and(b) a notice of appeal against a decision to cancel an accreditation that is duly lodged in accordance with clause 28 of the Road Transport (General) Regulation 2005 operates as a stay of the decision pending the determination of the appeal.
78E Internal review of variation, suspension or cancellation of accreditation
(1) Any registered operator aggrieved by a decision of the Authority to vary, suspend or cancel the registered operator’s accreditation under a Maintenance Management Accreditation Scheme may apply for an internal review of the decision under this clause (an internal review).(2) An application for an internal review is:(a) to be in writing in the form approved by the Authority, and(b) to specify an address in Australia to which a notice under subclause (7) may be sent, and(c) to be lodged with the Authority within 28 days after the registered operator was given the notice under clause 78D of the decision to vary, suspend or cancel the operator’s accreditation, and(d) to comply with such other requirements as may be set out in the approved form in respect of the making of applications for internal reviews.(3) An application for an internal review is to be dealt with by an officer or a panel of two or more officers of the Authority (other than the officer who made the original decision) who are directed to do so by the Authority (the internal review officer or panel).(4) In reviewing a decision, the internal review officer or panel is to consider any relevant material submitted by the registered operator.(5) Following the internal review of the decision, the internal review officer or panel may:(a) confirm the decision, or(b) vary the decision, or(c) set aside the decision and make an alternative decision.(6) In exercising a function under this clause, an internal review officer or panel is taken to have the functions of the officer who made the decision being reviewed.(7) As soon as practicable (and in any event within 28 days) after the completion of an internal review of a decision, the Authority must notify the registered operator in writing of:(a) the outcome of the internal review, and(b) the reasons for the decision in the internal review, and(c) the right of the registered operator to appeal against the decision to the Local Court.(8) If the Authority does not notify the registered operator of the outcome of the review within 28 days after the application for the internal review has been lodged (or such other period as the Authority and registered operator have agreed on), the decision being reviewed is taken to be confirmed.(9) An internal review is taken to be finalised if:(a) the registered operator is notified of the outcome of the review under subclause (7), or(b) the decision being reviewed is taken to be confirmed under subclause (8).(10) A person is not entitled to a review under this clause of any decision previously reviewed under this clause.
Part 7 Hire Trailer Maintenance Management Accreditation Scheme
The Authority is to establish a scheme for the accreditation of registered operators of hire trailers that are heavy vehicles.
78G Application for accreditation
(1) A registered operator of a hire trailer that is a heavy vehicle may apply to the Authority to be accredited under the Hire Trailer Maintenance Management Accreditation Scheme.(2) An application for accreditation must be in a form approved by the Authority and be accompanied by the applicable scheduled fee.
78H Accreditation under Scheme
(1) The Authority may accredit a registered operator under the Hire Trailer Maintenance Management Accreditation Scheme in relation to one or more nominated vehicles, if the Authority is satisfied that:(a) the operator is of suitable character and is competent to carry out the operator’s responsibilities under the Scheme, and(b) the nominated vehicles comply with the requirements of the Scheme.(2) An accreditation may be issued conditionally or unconditionally, as the Authority considers appropriate, in relation to the Scheme.(3) The Authority may refuse to accredit a registered operator if the Authority is not satisfied that the registered operator, or the relevant nominated vehicles, meet the requirements of the Scheme.(4) An accreditation has a duration of either 2 or 3 years, as may be specified in the instrument of accreditation.
If the Authority accredits a registered operator under the Hire Trailer Maintenance Management Accreditation Scheme, every nominated vehicle under that accreditation must be affixed with an accreditation label in the form and manner specified by the Authority.
78J Variation, suspension and cancellation of accreditation
(1) Subject to this clause, the Authority may vary, suspend or cancel a registered operator’s accreditation under the Hire Trailer Maintenance Management Accreditation Scheme, if:(a) the Authority is, for any reason, of the opinion that the operator is not a fit and proper person to continue to be accredited, or(b) the registered operator has failed to comply with a condition of the accreditation, or(c) a nominated vehicle of the registered operator does not comply with any requirement of the Scheme, or(d) a review of the operator’s activities reveals non-compliance with any requirement of the Scheme.(2) Before varying, suspending or cancelling a registered operator’s accreditation under the Hire Trailer Maintenance Management Accreditation Scheme on the ground referred to in subclause (1) (a), the Authority must give the registered operator notice in writing that advises the registered operator of:(a) the proposed decision and the reasons for it, and(b) the date that the proposed decision will take effect, and(c) the registered operator’s right to a review of the decision by one or more officers of the Authority appointed for the purpose (an internal review), and(d) the registered operator’s right, after an internal review is finalised, to appeal against the decision to a Local Court.(3) Before varying, suspending or cancelling a registered operator’s accreditation under the Hire Trailer Maintenance Management Accreditation Scheme on a ground referred to in subclause (1) (b), (c) or (d), the Authority must give the registered operator notice in writing that advises the registered operator of:(a) the proposed decision and the reasons for it, and(b) the action to be taken by the operator to avoid the variation, suspension or cancellation and the date by which such action must be taken, and(c) the matters referred to in subclause (2) (c) and (d).(4) The notice referred to in subclause (3) must also advise the registered operator that if the action referred to in subclause (3) (b) is not taken by the date specified in the notice for that purpose, the variation, suspension or cancellation will then take effect.(5) A variation, suspension or cancellation takes effect:(a) in the case of a variation, suspension or cancellation on the ground referred to in subclause (1) (a)—on the date specified in the notice referred to in subclause (2), and(b) in the case of a variation, suspension or cancellation on a ground referred to in subclause (1) (b), (c) or (d)—if the action required to be taken to avoid the variation, suspension or cancellation has not been taken within the period specified in the notice referred to in subclause (3), at the end of that period.(6) However:(a) an application for an internal review of a decision to vary, suspend or cancel an accreditation that is duly lodged in accordance with clause 78K operates as a stay of the decision pending the determination of the review, and(b) a notice of appeal against a decision to cancel an accreditation that is duly lodged in accordance with clause 28 of the Road Transport (General) Regulation 2005 operates as a stay of the decision pending the determination of the appeal.
78K Internal review of variation, suspension or cancellation of accreditation
(1) Any registered operator aggrieved by a decision of the Authority to vary, suspend or cancel the registered operator’s accreditation under the Hire Trailer Maintenance Management Accreditation Scheme may apply for an internal review of the decision under this clause (an internal review).(2) An application for an internal review is:(a) to be in writing in the form approved by the Authority, and(b) to specify an address in Australia to which a notice under subclause (7) may be sent, and(c) to be lodged with the Authority within 28 days after the registered operator was given the notice under clause 78J of the decision to vary, suspend or cancel the operator’s accreditation, and(d) to comply with such other requirements as may be set out in the approved form in respect of the making of applications for internal reviews.(3) An application for an internal review is to be dealt with by an officer or a panel of two or more officers of the Authority (other than the officer who made the original decision) who are directed to do so by the Authority (the internal review officer or panel).(4) In reviewing a decision, the internal review officer or panel is to consider any relevant material submitted by the registered operator.(5) Following the internal review of the decision, the internal review officer or panel may:(a) confirm the decision, or(b) vary the decision, or(c) set aside the decision and make an alternative decision.(6) In exercising a function under this clause, an internal review officer or panel is taken to have the functions of the officer who made the decision being reviewed.(7) As soon as practicable (and in any event within 28 days) after the completion of an internal review of a decision, the Authority must notify the registered operator in writing of:(a) the outcome of the internal review, and(b) the reasons for the decision in the internal review, and(c) the right of the registered operator to appeal against the decision to the Local Court.(8) If the Authority does not notify the registered operator of the outcome of the review within 28 days after the application for the internal review has been lodged (or such other period as the Authority and registered operator have agreed on), the decision being reviewed is taken to be confirmed.(9) An internal review is taken to be finalised if:(a) the registered operator is notified of the outcome of the review under subclause (7), or(b) the decision being reviewed is taken to be confirmed under subclause (8).(10) A person is not entitled to a review under this clause of any decision previously reviewed under this clause.