New South Wales Consolidated Regulations

ROAD TRANSPORT (VEHICLE REGISTRATION) REGULATION 2007 - REG 59

59 Proprietor’s authorities

(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.

(2) However, the Authority must not issue a proprietor’s authority to any person unless the person has undertaken, and has passed, a course of instruction for proprietors that is approved by the Authority and conducted by an organisation approved by the Authority.

(3) A proprietor’s authority may be subjected at any time to such conditions as the Authority may consider appropriate in relation to the person or class of persons concerned.

(4) 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: 20 penalty units.

(4A) A person is not guilty of an offence under subclause (4) if the premises being used for the purposes of conducting an inspection or test are used in accordance with an authority issued under clause 58 (2A).

(5) 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: 20 penalty units.

(6) For the purposes of this Regulation, a licence in force under the Motor Vehicle Repairs Act 1980 is taken to be a proprietor’s authority issued in accordance with this clause.

(7) 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) except in the case of a proprietor’s authority that is a licence under the Motor Vehicle Repairs Act 1980 :

(i) remains in force until it is surrendered, suspended or cancelled by the Authority, and

(ii) is 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

(c) is subject to any condition imposed under this Subdivision.

(8) 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 fee for the issue of the authority, or

(b) the Authority has exempted the applicant from payment of that fee.

(9) The Authority may exempt any person or class of persons from the requirement under subclause (2) to have undertaken, or to have passed, a course of instruction for proprietors.