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Queensland
MOTOR VEHICLES SAFETY
AMENDMENT BILL 1993
Queensland
MOTOR VEHICLES SAFETY
AMENDMENT BILL 1993
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3 Amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Replacement of long title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
5 Amendment of s.6 (Meaning of terms) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
6 Replacement of ss.715 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
7 Appointment of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
8 Role of police officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
9 Accredited officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
10 Identity cards for inspectors and accredited officers . . . . . . . . . . . . . 9
11 Proof of authority by inspectors and accredited officers . . . . . . . . . . 10
12 Delegation by chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
13 Reports to be made . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
14 Inspection of reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
15 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
15A Inspectors and accredited officers to give notice of damage . . . . . . 11
15B Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
PART 2A--POWERS OF INSPECTORS
Division 1--General powers of inspectors
15C Application of Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
7 Insertion of new Divisions 2 and 3 of Part 2A . . . . . . . . . . . . . . . . . . . . . . . . 12
Division 2--Power to stop vehicles at checkpoint or otherwise
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Motor Vehicles Safety Amendment
18A Approval of random inspection program . . . . . . . . . . . . . . . . . . . . . . 13
18B Power to stop motor vehicles at checkpoints . . . . . . . . . . . . . . . . . . 13
18C Power to stop motor vehicles other than at checkpoints . . . . . . . . . 13
18D Way in which driver is to be required to stop . . . . . . . . . . . . . . . . . . 14
18E Failure to obey requirement to stop . . . . . . . . . . . . . . . . . . . . . . . . . . 14
18F Police officer may arrest if certain requirements disobeyed . . . . . . 14
Division 3--Powers after vehicle is stopped
18G Application of Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
18H General powers after vehicle is stopped . . . . . . . . . . . . . . . . . . . . . . 15
18I Failure to give assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
18J Failure to produce document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
18K Power to require name and address for specified cause . . . . . . . . . . 17
18L Failure to provide name and address . . . . . . . . . . . . . . . . . . . . . . . . . 17
18M Police officer may arrest for failure to provide identification . . . . . 18
18N Power to require answers to questions for limited purposes . . . . . . . 18
18O Failure to answer question . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
8 Replacement of ss.23 and 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
23 Certain motor vehicles require certificate of inspection . . . . . . . . . 19
24 Certificate of inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
9 Replacement of ss.3842 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
PART 5AA--APPROVALS UNDER INSPECTION SCHEME
Division 1--Matters relevant to all applications for approval
38 Application of Part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
38A Requirements for applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
38B More than 1 approval may be granted . . . . . . . . . . . . . . . . . . . . . . . . 22
38C Form of approvals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Division 2--Applicant must be a fit and proper person
38D Approval only if applicant is a fit and proper person . . . . . . . . . . . . 22
38E Determining whether applicant is a fit and proper person . . . . . . . . 22
38F Reports needed before approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Division 3--Approval of premises
38G Application of Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
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Motor Vehicles Safety Amendment
38H Who may apply for approval? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
38I Nomination of individuals to be nominees . . . . . . . . . . . . . . . . . . . . 24
38J Role of nominee etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
38K Approval of premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
38L Notice of approval of premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Division 4--Approval of approved examiners
39 Who may apply? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
39A Approval of examiners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Division 5--Variation, cancellation and suspension of approvals
40 Variation of approval on application . . . . . . . . . . . . . . . . . . . . . . . . . 26
40A Variation of approvals without application . . . . . . . . . . . . . . . . . . . . 27
40B Procedure for effecting variations . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
41 Cancellation and suspension of approvals--grounds . . . . . . . . . . . . 27
41A Cancellation and suspension of approvals--procedures . . . . . . . . . . 28
41B Surrender of approvals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Division 6--Appeals
42 Appeals concerning decisions of chief executive . . . . . . . . . . . . . . . 30
10 Insertion of new s.50A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
50A Chief executive may approve forms . . . . . . . . . . . . . . . . . . . . . . . . . . 30
11 Amendment of s.51 (Regulations) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 32
CONSEQUENTIAL AND STATUTE LAW AMENDMENTS
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 47
AMENDMENT OF REFERENCES FROM
`DIRECTORGENERAL' TO `CHIEF EXECUTIVE' ETC.
1993
A BILL
FOR
An Act to amend the Motor Vehicles Safety Act 1980
6
Motor Vehicles Safety Amendment
The Parliament of Queensland enacts-- 1
title 2
Short
Clause1. This Act may be cited as the Motor Vehicles Safety Amendment Act 3
1993. 4
5
Commencement
Clause2. This Act commences on a day to be fixed by proclamation. 6
Act 7
Amended
The Motor Vehicles Safety Act 1980 is amended as set out in this 8
Clause3.
Act. 9
of long title 10
Replacement
Clause4. Long title-- 11
omit, insert-- 12
`An Act to provide for matters in relation to the safety of motor 13
vehicles, and for related purposes'. 14
of s.6 (Meaning of terms) 15
Amendment
Section 6 (definitions "accredited officer", "approved 16
Clause5.(1)
examiner", "approved inspection station", "authorized officer", 17
"certificate of roadworthiness", "Director-General", "inspector" and 18
"Minister")-- 19
omit. 20
(2) Section 6-- 21
insert-- 22
` "accredited officer" means a person holding office as an accredited 23
officer because of an appointment under section 9; 24
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Motor Vehicles Safety Amendment
"address" means current place of residence; 1
"approved examiner" means-- 2
(a) a Part 4 examiner; or 3
(b) a Part 5 examiner; 4
"approved form" means a form approved by the chief executive under 5
section 50A; 6
"approved inspection station" or "AIS" means-- 7
(a) a Part 4 approved inspection station; or 8
(b) a Part 5 approved inspection station; 9
"authorised officer" means a person holding office as an authorised 10
officer because of an appointment under section 31D; 11
"category A vehicle" means a motor vehicle prescribed by regulation as a 12
category A vehicle; 13
"category B vehicle" means a motor vehicle prescribed by regulation as a 14
category B vehicle; 15
"certificate of roadworthiness" means a certificate, in the approved form, 16
given-- 17
(a) by a Part 5 examiner at a Part 5 AIS: or 18
(b) by the chief executive; 19
in relation to the roadworthiness of a motor vehicle; 20
"chief executive" means the chief executive of the department; 21
"driver" of a motor vehicle includes the person in command or control of 22
the vehicle (or who appears to be in command or control of it); 23
"holder of an approval" means-- 24
(a) in the case of an approval of premises--the proprietor of the 25
premises; or 26
(b) in any other case--the person to whom the approval relates; 27
"inspector" means a person holding office as an inspector because of an 28
appointment under section 7 or because of section 8; 29
"identity card" means-- 30
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Motor Vehicles Safety Amendment
(a) in relation to an inspector, or accredited officer, who is not a 1
police officer--an identity card issued to the inspector or 2
accredited officer under section 10; or 3
(b) in relation to an inspector, or accredited officer, who is a police 4
officer--an identity card that identifies the person as a police 5
officer and was issued to the person by the Commissioner of the 6
Police Service; 7
"motor vehicle safety and performance requirements" means the 8
requirements of the State Transport Act 1960, the Traffic Act 1949 and 9
the Transport Infrastructure (Roads) Act 1991 relating to the 10
construction, equipment and performance of motor vehicles; 11
"Part 4 approved inspection station" or "Part 4 AIS" means a place 12
that is approved under this Act for inspection of motor vehicles for the 13
purposes of Part 4; 14
"Part 4 examiner" means a person who is approved as a Part 4 examiner 15
under section 39A; 16
"Part 5 approved inspection station" or "Part 5 AIS" means a place 17
that is approved under this Act for the inspection of second-hand 18
motor vehicles for the purposes of Part 5; 19
"Part 5 examiner" means a person who is approved as a Part 5 examiner 20
under section 39A; 21
"registration law" means-- 22
(a) the Transport Infrastructure (Roads) Act 1991 or a 23
corresponding Act of another State or a Territory; or 24
(b) an Act of a State or Territory for which an Act mentioned in 25
paragraph (a) was substituted;'. 26
of ss.715 27
Replacement
Sections 7 to 15-- 28
Clause6.
omit, insert-- 29
of inspectors 30
`Appointment
`7.(1) The chief executive may appoint an officer or employee of the 31
department as an inspector. 32
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Motor Vehicles Safety Amendment
`(2) The chief executive may appoint a person to be an inspector only 1
if-- 2
(a) in the chief executive's opinion, the person has the necessary 3
expertise or experience to be an inspector; or 4
(b) the person has satisfactorily completed a course of training 5
approved by the chief executive. 6
`(3) An inspector whose appointment is limited in its application may 7
exercise a power under this Act only if the exercise of the power is 8
permitted by the appointment. 9
of police officers 10
`Role
`8. A police officer is, without further appointment, an inspector. 11
officers 12
`Accredited
`9.(1) The chief executive may appoint an officer or employee of a unit 13
of the public sector as an accredited officer. 14
`(2) The chief executive may appoint a person to be an accredited officer 15
only if-- 16
(a) in the chief executive's opinion, the person has the necessary 17
expertise or experience to be an accredited officer; or 18
(b) the person has satisfactorily completed a course of training 19
approved by the chief executive. 20
`(3) An accredited officer whose appointment is limited in its application 21
may exercise a power under this Act only if the exercise of the power is 22
permitted by the appointment. 23
cards for inspectors and accredited officers 24
`Identity
`10.(1) The chief executive must issue an identity card to each inspector 25
and accredited officer (other than a police officer). 26
`(2) The identity card must-- 27
(a) contain a photograph of the inspector or accredited officer; and 28
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Motor Vehicles Safety Amendment
(b) be in the approved form; and 1
(c) be signed by the inspector or accredited officer. 2
`(3) A person (other than a police officer) who ceases to be an inspector 3
or accredited officer must return the person's identity card to the chief 4
executive as soon as practicable after ceasing to be an inspector or accredited 5
officer. 6
Maximum penalty--10 penalty units. 7
`(4) Subsection (3) does not apply to a person if the person has a 8
reasonable excuse for not complying with it. 9
of authority by inspectors and accredited officers 10
`Proof
`11.(1) This section applies to-- 11
(a) an inspector (other than a police officer) who is not wearing a 12
uniform approved by the chief executive; and 13
(b) an accredited officer (other than a police officer) who is not 14
wearing a uniform approved by the chief executive; and 15
(c) a police officer who is not wearing a police uniform. 16
`(2) An inspector or accredited officer may exercise a power in relation to 17
a person only if the inspector or officer first produces his or her identity 18
card for inspection by the person. 19
`(3) If, for any reason, it is not practicable to comply with subsection (2) 20
before exercising the power, the inspector or accredited officer must comply 21
with the subsection at the first reasonable opportunity. 22
by chief executive 23
`Delegation
`12. The chief executive may delegate the chief executive's powers under 24
this Act to an officer of the public service employed in the department. 25
to be made 26
`Reports
`13.(1) An accredited officer who makes an inspection or examination 27
for the purposes of Part 4 must provide the chief executive with a written 28
report about the inspection or examination. 29
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Motor Vehicles Safety Amendment
`(2) A copy of the report must be kept in a way approved by the chief 1
executive. 2
of reports 3
`Inspection
`14. A person who pays the fee prescribed by regulation and satisfies the 4
chief executive that-- 5
(a) the person is the owner, or prospective buyer, of a motor vehicle 6
that has been the subject of a report under section 13; or 7
(b) the solicitor of a person mentioned in paragraph (a); 8
is entitled to be given a copy of the report. 9
from liability 10
`Protection
`15.(1) An inspector or accredited officer does not incur civil liability for 11
an act or omission done honestly and without negligence under, or for the 12
purposes of, this Act. 13
`(2) A liability that, apart from subsection (1), would attach to the 14
inspector or officer attaches instead to the State. 15
and accredited officers to give notice of damage 16
`Inspectors
`15A.(1) An inspector or accredited officer who, in the exercise of a 17
power under Part 2A, damages anything must immediately give written 18
notice of the particulars of the damage. 19
`(2) The notice must be given to the person who appears to the inspector 20
or officer to be the owner of the thing. 21
`(3) If, for any reason, it is not practicable to comply with subsection (2), 22
the inspector or officer must-- 23
(a) leave the notice on the thing that is damaged; and 24
(b) ensure that it is left-- 25
(i) in a reasonably secure way; and 26
(ii) in a conspicuous position. 27
12
Motor Vehicles Safety Amendment
1
`Compensation
`15B.(1) A person may claim compensation from the State if the person 2
incurs any loss or expense-- 3
(a) because of the exercise or purported exercise of a power under 4
Part 2A; or 5
(b) in complying with a requirement made of the person under 6
Part 2A. 7
`(2) A payment for compensation may be claimed and ordered-- 8
(a) in a proceeding brought in a court of competent jurisdiction for 9
the recovery of compensation; or 10
(b) during a proceeding for an offence against this Act brought 11
against the person against whom the claim is made. 12
`(3) A court may order the payment of compensation for the loss or 13
expense only if it is just to make the order in the circumstances of the 14
particular case. 15
`(4) This section does not apply to the exercise of a power (including the 16
making of a requirement) to which section 18B(3)(a) applies. 17
PART 2A--POWERS OF INSPECTORS 18
`
1--General powers of inspectors 19
`Division
of Division 20
`Application
`15C. The powers conferred by this Division are in addition to powers 21
conferred by any other Division.'. 22
of new Divisions 2 and 3 of Part 2A 23
Insertion
Clause7. After section 18-- 24
13
Motor Vehicles Safety Amendment
insert-- 1
2--Power to stop vehicles at checkpoint or otherwise 2
`Division
of random inspection program 3
`Approval
`18A.(1) The chief executive may approve a program under which 4
inspectors may set up checkpoints to inspect motor vehicles to ensure the 5
compliance of the vehicles with applicable motor vehicle safety and 6
performance requirements. 7
`(2) A checkpoint may be on a road or elsewhere. 8
to stop motor vehicles at checkpoints 9
`Power
`18B.(1) This section applies if an inspector has set up a checkpoint. 10
`(2) An inspector at the checkpoint may require the driver of a motor 11
vehicle to stop the vehicle at the checkpoint. 12
`(3) The inspector may require the driver to stop the vehicle only if-- 13
(a) the vehicle is a type of vehicle that the inspector is stopping at the 14
checkpoint by reference to objective criteria that are part of a 15
program approved under section 18A; or 16
(b) the inspector suspects on reasonable grounds that the vehicle does 17
not comply in every respect with applicable motor vehicle safety 18
and performance requirements. 19
to stop motor vehicles other than at checkpoints 20
`Power
`18C.(1) An inspector may require the driver of a motor vehicle to stop 21
the vehicle other than at a checkpoint. 22
`(2) The inspector may require the driver to stop the vehicle only if the 23
inspector suspects on reasonable grounds that the vehicle does not comply 24
in every respect with applicable motor vehicle safety and performance 25
requirements. 26
14
Motor Vehicles Safety Amendment
in which driver is to be required to stop 1
`Way
`18D. An inspector may require the driver of a motor vehicle to stop the 2
vehicle by indicating the requirement to the driver in a way prescribed by 3
regulation. 4
to obey requirement to stop 5
`Failure
`18E.(1) The driver of a motor vehicle must not, without reasonable 6
excuse, fail to comply with a requirement to stop the vehicle made under-- 7
(a) section 18B (Power to stop motor vehicles at checkpoints); or 8
(b) section 18C (Power to stop motor vehicles other than at 9
checkpoints). 10
Maximum penalty--20 penalty units. 11
`(2) It is a reasonable excuse if-- 12
(a) to obey the requirement immediately would have endangered the 13
person or another person; and 14
(b) the person stops the vehicle as soon as it is practicable to stop it. 15
officer may arrest if certain requirements disobeyed 16
`Police
`18F.(1) This section applies if a police officer-- 17
(a) finds a person committing an offence against section 18E; or 18
(b) finds a person who the officer believes on reasonable grounds has 19
committed an offence against section 18E. 20
`(2) The police officer may arrest the person if the officer believes on 21
reasonable grounds that proceedings by way of complaint and summons 22
against the person would be ineffective. 23
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Motor Vehicles Safety Amendment
3--Powers after vehicle is stopped 1
`Division
of Division 2
`Application
`18G. The powers under this Division may be exercised only after a 3
motor vehicle is stopped under section 18B or 18C. 4
powers after vehicle is stopped 5
`General
`18H.(1) After the motor vehicle is stopped, an inspector may examine 6
or inspect it with any reasonable assistance. 7
`(2) For the purposes of the examination or inspection, an inspector 8
may-- 9
(a) unlock, unfasten or open a closed door on, or a component of, the 10
vehicle or remove a removable cover on it; and 11
(b) enter the vehicle; and 12
(c) inspect a thing (other than a document or personal possession) in 13
or on the vehicle that the inspector believes, on reasonable 14
grounds, may relate to the vehicle's use or condition; and 15
(d) move the vehicle. 16
`(3) The inspector may require the driver of the vehicle to give the 17
reasonable assistance that is necessary to enable the examination or 18
inspection to be carried out. 19
`(4) Without limiting subsection (3), the inspector may require the driver 20
of the vehicle to give reasonable assistance-- 21
(a) by moving the vehicle to a reasonable place specified by the 22
inspector (but the place must not be more than 1 km from where 23
the vehicle was stopped); and 24
(b) by remaining in control of the vehicle at the place for a reasonable 25
period. 26
`(5) If the inspector believes, on reasonable grounds, that-- 27
(a) a document in or on the vehicle may relate to the use or condition 28
of the vehicle; and 29
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Motor Vehicles Safety Amendment
(b) it is necessary for the inspector to inspect the document in order 1
to decide whether the Act is being complied with; 2
the inspector may require the driver of the vehicle to produce the document 3
to the inspector for inspection. 4
to give assistance 5
`Failure
`18I.(1) A person who is required under section 18H (General powers 6
after vehicle is stopped) to give reasonable assistance to an inspector must 7
comply with the requirement. 8
Maximum penalty--20 penalty units. 9
`(2) Subsection (1) does not apply if a person has a reasonable excuse for 10
not complying with the requirement. 11
`(3) If the assistance that is required to be given by the person is to 12
answer a question, it is a reasonable excuse to fail to answer the question if 13
complying with the requirement might tend to incriminate the person. 14
to produce document 15
`Failure
`18J.(1) A person who is required under section 18H(5) (General 16
powers after vehicle is stopped) to produce a document to an inspector for 17
inspection must comply with the requirement. 18
Maximum penalty--20 penalty units. 19
`(2) Subsection (1) does not apply if a person has a reasonable excuse for 20
not complying with the requirement. 21
`(3) It is a reasonable excuse for the person to fail to produce the 22
document if complying with the requirement to produce might tend to 23
incriminate the person. 24
`(4) If-- 25
(a) an inspector requires a person to produce a document under 26
section 18H(5) on the basis of a reasonable belief about a 27
document; and 28
(b) the document does not in fact relate to the use or condition of the 29
vehicle; 30
17
Motor Vehicles Safety Amendment
the person does not commit an offence against this section by failing to 1
comply with the requirement. 2
to require name and address for specified cause 3
`Power
`18K.(1) This section applies if an inspector-- 4
(a) finds a person committing an offence against this Act; or 5
(b) finds a person who the inspector has reasonable grounds for 6
suspecting has committed an offence against this Act. 7
`(2) The inspector may-- 8
(a) require the person to state the person's name and address; and 9
(b) if the inspector believes on reasonable grounds that the name or 10
address given by the person is false--require evidence of its 11
correctness. 12
`(3) If the inspector makes a requirement under subsection (2), the 13
inspector must warn the person that it is an offence against this Act to fail to 14
comply with the requirement without reasonable cause. 15
to provide name and address 16
`Failure
`18L.(1) A person who is required under section 18K to state the 17
person's name or address must not, without reasonable excuse, fail to 18
comply with the requirement. 19
Maximum penalty--10 penalty units. 20
`(2) A person who is required under section 18K to give evidence of the 21
correctness of a name or address must not without reasonable excuse, fail to 22
give the evidence. 23
Maximum penalty--10 penalty units. 24
`(3) If-- 25
(a) an inspector makes a requirement of a person under section 18K 26
on a suspicion of the person having committed an offence; and 27
(b) the person is not proved to have committed the offence; 28
the person does not commit an offence against this section by failing to 29
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Motor Vehicles Safety Amendment
comply with the requirement. 1
`(4) A person must not state a false name or address, or give false 2
evidence of a name or address, to an inspector. 3
Maximum penalty--20 penalty units. 4
officer may arrest for failure to provide identification 5
`Police
`18M. A police officer may arrest a person if the officer believes on 6
reasonable grounds that-- 7
(a) the person has committed an offence against section 18L; and 8
(b) proceedings by way of complaint and summons against the 9
person would be ineffective. 10
to require answers to questions for limited purposes 11
`Power
`18N.(1) If an inspector believes on reasonable grounds that a person 12
may be able to provide information relevant to the enforcement of this Act, 13
the inspector may require the person to answer a question in relation to any 14
of the following matters-- 15
(a) the history of the ownership of the motor vehicle; 16
(b) if the vehicle does not comply in every respect with the applicable 17
motor vehicle safety and performance requirements-- 18
(i) any certificate of roadworthiness issued in relation to the 19
vehicle; and 20
(ii) any modifications to the vehicle. 21
`(2) If the inspector makes a requirement under subsection (1), the 22
inspector must warn the person that it is an offence against this Act to fail to 23
comply with the requirement without reasonable excuse. 24
to answer question 25
`Failure
`18O.(1) A person who is required under section 18N to answer a 26
question must not, without reasonable excuse-- 27
(a) fail to comply with the requirement; or 28
19
Motor Vehicles Safety Amendment
(b) give false or misleading information to an inspector (whether or 1
not the person is required to give the information). 2
Maximum penalty--20 penalty units. 3
`(2) It is a reasonable excuse for a person to fail to answer a question if 4
answering the question might tend to incriminate the person. 5
`(3) If-- 6
(a) an inspector requires a person to answer a question under section 7
18N on the basis of a reasonable belief about information; and 8
(b) the information is not in fact relevant to the enforcement of this 9
Act; 10
the person does not commit an offence against this section by failing to 11
comply with the requirement.'. 12
of ss.23 and 24 13
Replacement
Sections 23 and 24-- 14
Clause8.
omit, insert-- 15
motor vehicles require certificate of inspection 16
`Certain
`23.(1) An owner of a category A vehicle must not use the vehicle, or 17
permit it to be used, unless a certificate of inspection is in force for the 18
vehicle. 19
Maximum penalty--15 penalty units. 20
`(2) This section applies to a new motor vehicle during the first year after 21
it is first registered only if a regulation provides that this section applies to 22
the vehicle. 23
of inspection 24
`Certificate
`24.(1) A certificate of inspection is obtained from-- 25
(a) an accredited officer; or 26
(b) a Part 4 AIS. 27
`(2) A certificate of inspection from a Part 4 AIS must be signed by-- 28
20
Motor Vehicles Safety Amendment
(a) the Part 4 examiner who examined the vehicle; and 1
(b) the proprietor or nominee of the Part 4 AIS. 2
`(3) An accredited officer or Part 4 examiner must not sign a certificate 3
of inspection unless the person is satisfied that the motor vehicle-- 4
(a) is in good repair; and 5
(b) has no defect that would affect its safe use on the road. 6
Maximum penalty--10 penalty units. 7
`(4) A certificate of inspection must be in the approved form. 8
`(5) A certificate remains in force for 1 year unless a regulation provides 9
that another period applies to the vehicle. 10
`(6) However, a motor vehicle's certificate of inspection ceases to be in 11
force if the vehicle's registration under the Transport Infrastructure 12
(Roads) Act 1991 is cancelled. 13
`(7) The proprietor or nominee of a Part 4 AIS must not sign a certificate 14
of inspection unless the proprietor or nominee is satisfied that the motor 15
vehicle-- 16
(a) is a type of vehicle that the Part 4 AIS may inspect under its 17
approval; and 18
(b) was inspected at the premises specified in the approval of the 19
Part 4 AIS; and 20
(c) was inspected by a Part 4 examiner. 21
Maximum penalty--10 penalty units.'. 22
of ss.3842 23
Replacement
Sections 38 to 42-- 24
Clause9.
21
Motor Vehicles Safety Amendment
omit, insert-- 1
`PART 5AA--APPROVALS UNDER INSPECTION 2
SCHEME 3
`Division 1--Matters relevant to all applications for approval 4
of Part 5
`Application
`38. This Part applies to the following approvals-- 6
(a) an approval of a Part 4 AIS; 7
(b) an approval of a Part 5 AIS; 8
(c) an approval of an individual as a Part 4 examiner; 9
(d) an approval of an individual as a Part 5 examiner; 10
(e) an approval of an individual as a nominee. 11
for applications 12
`Requirements
`38A.(1) An application for an approval under Part 4 or 5 must-- 13
(a) be made to the chief executive; and 14
(b) be on an approved form; and 15
(c) specify, or be accompanied by, the particulars required by the 16
approved form; and 17
(d) be accompanied by the application fee prescribed by regulation. 18
`(2) An application must be in relation to-- 19
(a) all motor vehicles; or 20
(b) a class of motor vehicles. 21
Examples of paragraph (b)-- 22
1. Vehicles owned or operated by the applicant as a fleet. 23
2. Vehicles of a particular make or size. 24
22
Motor Vehicles Safety Amendment
than 1 approval may be granted 1
`More
`38B. A person may apply for, and be granted, more than 1 approval, 2
whether of the same kind or different kinds. 3
of approvals 4
`Form
`38C.(1) An approval must be in a form approved by the chief executive. 5
`(2) An approval is subject to any conditions that are-- 6
(a) specified in the approval; or 7
(b) prescribed by regulation. 8
`(3) Without limiting the generality of subsection (2), the conditions that 9
may be specified in the approval or prescribed by regulation include 10
conditions relating to-- 11
(a) the method of inspecting motor vehicles; and 12
(b) the equipment to be used in an inspection. 13
`(4) If a condition specified in the approval is inconsistent with a 14
condition specified in a regulation in relation to the approval, the condition 15
specified in the regulation prevails to the extent of the inconsistency. 16
2--Applicant must be a fit and proper person 17
`Division
only if applicant is a fit and proper person 18
`Approval
`38D.(1) The chief executive may grant an application under this Part 19
only if the chief executive is satisfied that the applicant is a fit and proper 20
person. 21
`(2) Subsection (1) is in addition to any other limitation on the chief 22
executive's power to grant an application. 23
whether applicant is a fit and proper person 24
`Determining
`38E.(1) In deciding whether a person is a fit and proper person, the 25
chief executive must have regard to-- 26
23
Motor Vehicles Safety Amendment
(a) whether the person demonstrates knowledge and understanding 1
of the obligations of an approved person of the relevant kind 2
under this Act; and 3
(b) whether the person is a person of good repute who does not have 4
a history of behaviour that would render the applicant unsuitable 5
to be approved. 6
Examples of behaviour that would render an applicant unsuitable-- 7
1. Involvement in car theft. 8
2. Receiving a stolen vehicle. 9
`(2) If the applicant is a body corporate, or the chief executive knows, or 10
suspects on reasonable grounds, that the applicant would hold an approval 11
on behalf of a partnership, the chief executive must discharge the 12
responsibility under subsection (1) by applying the subsection to-- 13
(a) each person in a position of authority or influence in relation to 14
the body corporate; or 15
(b) each person who is a member of the partnership; 16
as if each person were an applicant. 17
needed before approval 18
`Reports
`38F.(1) The chief executive may obtain-- 19
(a) a report from the Commissioner of Police about the criminal 20
history of-- 21
(i) an applicant for approval; and 22
(ii) each person to whom section 38E, 38I or 39A applies as if 23
the person were the applicant; and 24
(b) if the applicant or person holds or previously held in another State 25
or a Territory a relevant licence, permit, authority, interest or 26
position--a report from the appropriate authority in the State or 27
Territory. 28
`(2) Section 6 of the Criminal Law (Rehabilitation of Offenders) Act 29
1986 does not apply to a report under subsection (1)(a). 30
24
Motor Vehicles Safety Amendment
`Division 3--Approval of premises 1
of Division 2
`Application
`38G. This Division applies to an application for approval of premises as 3
a Part 4 AIS or Part 5 AIS. 4
may apply for approval? 5
`Who
`38H. An application must be made by the proprietor of the premises the 6
subject of the application. 7
of individuals to be nominees 8
`Nomination
`38I.(1) If the applicant-- 9
(a) is a body corporate or a member of a partnership; or 10
(b) is already approved under this Act for other premises; or 11
(c) will not be present at the premises to supervise work at the 12
premises on a daily basis; 13
the applicant must nominate, in the application, an adult individual to be the 14
nominee for the approval sought by the applicant. 15
`(2) Another applicant may nominate, in the application, an adult 16
individual to be the nominee for the approval sought by the applicant. 17
`(3) An application that nominates a person as a nominee of the applicant 18
must be accompanied by, or include, an application for approval of an adult 19
individual as a nominee. 20
`(4) The application for approval of a nominee may be granted only if the 21
chief executive is satisfied that the nominee is a fit and proper person. 22
`(5) If-- 23
(a) subsection (1) requires an applicant to nominate an individual to 24
be the nominee for an approval; and 25
(b) at any time after the approval is granted, the individual is the only 26
nominee and ceases to hold the position in which the person is 27
charged with responsibility for the conduct of the business for 28
25
Motor Vehicles Safety Amendment
which approval was granted; 1
the proprietor must nominate another individual to be the nominee for the 2
approval. 3
`(6) A person ceases to be the nominee for an approval if the person 4
ceases to hold the position in which the person is charged with 5
responsibility for the conduct of the business for which the approval was 6
granted. 7
of nominee etc. 8
`Role
`38J.(1) If an application for an adult individual to be the nominee in 9
relation to the approval of premises is granted, the individual becomes the 10
nominee for the approval. 11
`(2) In the conduct of business on the premises to which the approval 12
relates, the nominee-- 13
(a) is responsible for ensuring that the functions of the proprietor of 14
the premises are properly performed; and 15
(b) is subject to the obligations imposed by this Act on the proprietor; 16
and 17
(c) is liable as the proprietor for an offence against this Act, or for 18
failure to perform an obligation of the proprietor, in relation to the 19
premises. 20
`(3) The nominee's liability to be punished for a contravention of this Act 21
does not affect the liability of the proprietor to be punished for the 22
contravention. 23
of premises 24
`Approval
`38K. The chief executive may grant an application in relation to 25
premises only if the chief executive is satisfied that-- 26
(a) the premises are equipped and will be maintained in accordance 27
with the regulations; and 28
(b) the proprietor of the premises is a fit and proper person. 29
26
Motor Vehicles Safety Amendment
of approval of premises 1
`Notice
`38L. The proprietor of a Part 4 AIS or Part 5 AIS must exhibit the 2
approval at the premises as required by regulation. 3
Maximum penalty--5 penalty units. 4
`Division 4--Approval of approved examiners 5
may apply? 6
`Who
`39. An adult individual may apply for approval as a Part 4 examiner or a 7
Part 5 examiner. 8
of examiners 9
`Approval
`39A. The chief executive may approve of a person as an examiner of the 10
type specified in the application if the chief executive is satisfied-- 11
(a) that the person is a fit and proper person for approval as an 12
examiner of the specified type; or 13
(b) that the person has the qualifications prescribed by regulation for 14
an examiner of the specified type. 15
`Division 5--Variation, cancellation and suspension of approvals 16
of approval on application 17
`Variation
`40.(1) The holder of an approval may apply to the chief executive for a 18
variation of the approval. 19
`(2) The chief executive must determine the application by-- 20
(a) varying the approval in the way sought; or 21
(b) refusing to vary the approval. 22
`(3) The chief executive must vary the approval unless the chief executive 23
is satisfied on reasonable grounds that the variation is not desirable for the 24
effective administration of this Act. 25
27
Motor Vehicles Safety Amendment
of approvals without application 1
`Variation
`40A.(1) If the chief executive believes on reasonable grounds that it may 2
be desirable for the effective administration of this Act to vary a condition 3
of an approval, the chief executive may give the holder of the approval a 4
notice under this section. 5
`(2) The notice must-- 6
(a) be in writing; and 7
(b) specify the administration matter involved; and 8
(c) outline the facts and circumstances that form the basis for the 9
belief; and 10
(d) invite the holder to show cause within a specified period (not less 11
than 14 days) why the approval should not be varied in the way 12
specified in the notice. 13
`(3) After the end of the specified period, the chief executive must-- 14
(a) consider any representations properly made by the holder; and 15
(b) if the chief executive is satisfied on reasonable grounds that the 16
variation is desirable for the effective administration of this 17
Act--vary the approval. 18
for effecting variations 19
`Procedure
`40B. For the purpose of effecting the variation of an approval, the chief 20
executive must-- 21
(a) by written notice, request the holder to send the approval to the 22
chief executive within the period (not less than 7 days) specified 23
in the notice; and 24
(b) after varying the approval in the appropriate way--return it to the 25
holder. 26
and suspension of approvals--grounds 27
`Cancellation
`41. Each of the following is a ground for the cancellation or suspension 28
of an approval-- 29
28
Motor Vehicles Safety Amendment
(a) that the holder of the approval has contravened a provision of this 1
Act, a regulation or the approval concerning the examination of 2
motor vehicles (whether or not the holder has been prosecuted for 3
the contravention); 4
(b) that the AIS does not comply with a provision of this Act, a 5
regulation or the approval concerning the equipment to be used 6
for examining motor vehicles; 7
(c) that the holder of the approval has been convicted of an offence 8
against this Act; 9
(d) that the holder of the approval is no longer a fit and proper person 10
because of behaviour that has rendered that person unsuitable, for 11
example, involvement in car theft or receiving a stolen vehicle; 12
(e) that the holder of an approval has failed to respond to a request 13
under section 40B(a); 14
(f) that the approval was obtained by fraud or misrepresentation. 15
and suspension of approvals--procedures 16
`Cancellation
`41A.(1) If the chief executive believes on reasonable grounds that a 17
ground for the cancellation or suspension of an approval exists, the chief 18
executive must give the holder of the approval a notice under this section. 19
`(2) The notice must-- 20
(a) be in writing; and 21
(b) specify the grounds for cancellation or suspension; and 22
(c) specify the administration matter involved; and 23
(d) outline the facts and circumstances that form the basis for the 24
chief executive's beliefs mentioned in subsection (1); and 25
(e) invite the holder to show cause within a specified period (not less 26
than 14 days) why the approval should not be cancelled or 27
suspended. 28
`(3) After the specified period, the chief executive must-- 29
(a) consider any representations properly made by the person; and 30
(b) if the chief executive is satisfied on reasonable grounds that a 31
29
Motor Vehicles Safety Amendment
ground for cancellation or suspension of an approval exists--take 1
the appropriate action and serve the holder of the approval with 2
notice of the decision to cancel or suspend. 3
`(4) The appropriate action is-- 4
(a) if the notice was a notice of intention to cancel the approval-- 5
(i) cancel the approval; or 6
(ii) suspend the approval for a period that the chief executive 7
considers is appropriate; or 8
(b) if the notice was a notice of intention to suspend the approval for 9
a specified period--suspend the approval for-- 10
(i) the period; or 11
(ii) a shorter period that the chief executive considers 12
appropriate. 13
`(5) A cancellation or suspension of an approval takes effect-- 14
(a) on the day on which notice mentioned in subsection (3) is given 15
to the holder; or 16
(b) if a later day is specified on the notice--on the later day. 17
of approvals 18
`Surrender
`41B.(1) The holder of an approval may surrender the approval by 19
written notice given to the chief executive. 20
`(2) The approval must accompany the notice. 21
`(3) A surrender of an approval takes effect-- 22
(a) on the day on which the notice is given; or 23
(b) if a later day is specified in the notice--on the later day. 24
30
Motor Vehicles Safety Amendment
`Division 6--Appeals 1
concerning decisions of chief executive 2
`Appeals
`42. A person who is aggrieved by any of the following decisions of the 3
chief executive under this Part may appeal to the Tribunal-- 4
(a) a decision that an applicant is not a fit and proper person; 5
(b) a decision not to approve premises as a Part 4 AIS or Part 5 AIS; 6
(c) a decision not to approve a person as a Part 4 examiner or Part 5 7
examiner; 8
(d) a decision to refuse to vary an approval sought by the holder of 9
the approval; 10
(e) a decision to vary an approval under section 40A(3)(b); 11
(f) a decision to cancel or suspend an approval under section 12
41A(3)(b).'. 13
of new s.50A 14
Insertion
Clause10. After section 50-- 15
insert-- 16
executive may approve forms 17
`Chief
`50A.(1) The chief executive may, by Gazette notice, approve a form for 18
use under this Act. 19
`(2) If the chief executive approves a form for a purpose, the form must 20
be used for that purpose.'. 21
of s.51 (Regulations) 22
Amendment
Section 51(2)-- 23
Clause11.
omit, insert-- 24
`(2) The regulation may prescribe-- 25
(a) offences against this Act as offences in relation to which a notice 26
may be given or posted to an offender or affixed to a motor 27
31
Motor Vehicles Safety Amendment
vehicle advising that a specified penalty may be paid for the 1
offence within a specified period without involving court 2
proceedings; and 3
(b) amounts (not more than 10 penalty units) that are payable by way 4
of penalties in relation to offences mentioned in paragraph (a); 5
and 6
(c) the particulars to be contained in the notice; and 7
(d) the way the notice may be given to a person or affixed to a 8
vehicle. 9
`(3) A regulation made for the purposes of subsection (2) may prescribe 10
that a notice may also advise that an amount (determined by the chief 11
executive) not more than double the amount of any fee payable for any 12
purpose under this Act may be paid within the period mentioned in 13
subsection (2)(a), without involving court proceedings. 14
`(4) A notice mentioned in subsection (2) may be given in relation to a 15
matter in addition to another notice given under this Act in relation to the 16
matter.'. 17
32
Motor Vehicles Safety Amendment
CHEDULE 1 1
ˇS
ONSEQUENTIAL AND STATUTE LAW 2
C
AMENDMENTS 3
section 3 4
1. Section 4-- 5
omit. 6
2. Section 5(1)-- 7
omit, insert-- 8
`5.(1) Subject to subsection (3) and section 30, this Act applies to the 9
inspection of all motor vehicles.'. 10
3. Section 5(3)-- 11
omit, insert-- 12
`(3) This Act applies to a motor vehicle associated with, or engaged in or 13
about, a mine to which an Act prescribed by regulation applies only if the 14
vehicle is used above ground or in a place where open-cut mining is carried 15
on.'. 16
4. Section 6 (definition "owner", paragraph (b))-- 17
omit, insert-- 18
`(b) in respect of a motor vehicle registered under a registration 19
law--every person registered as the owner; and'. 20
5. Section 16(1) and (2)-- 21
omit `or accredited officer'. 22
33
Motor Vehicles Safety Amendment
SCHEDULE 1 (continued)
6. Section 16(2)-- 1
omit `, accredited officer'. 2
7. Section 17(1)-- 3
omit `or accredited officer'. 4
8. Section 17(1)-- 5
omit `, accredited officer'. 6
9. After subsection 17(1)-- 7
insert-- 8
`Maximum penalty--20 penalty units.'. 9
10. Section 17(2)-- 10
omit `or accredited officer'. 11
11. Section 17(2)-- 12
omit `, accredited officer'. 13
12. After subsection 17(2)-- 14
insert-- 15
`Maximum penalty--20 penalty units.'. 16
13. After subsection 18(1)-- 17
insert-- 18
`Maximum penalty--20 penalty units.'. 19
34
Motor Vehicles Safety Amendment
SCHEDULE 1 (continued)
14. Section 19(b)-- 1
omit, insert-- 2
`(b) complies in every respect with applicable motor vehicle safety and 3
performance requirements.'. 4
15. Section 20(1)(b)-- 5
omit, insert-- 6
`(b) does not comply in every respect with applicable motor vehicle 7
safety and performance requirements;'. 8
16. Section 20(1)(e)-- 9
omit, insert-- 10
`(e) to produce and surrender to the inspector or officer any part of the 11
vehicle, or anything attached to the vehicle, that appears to the 12
inspector or officer to be faulty, defective or dangerous or that 13
does not comply with applicable motor vehicle safety and 14
performance requirements.'. 15
17. After section 20(2)-- 16
insert-- 17
`Maximum penalty--15 penalty units.'. 18
18. After section 20(3)-- 19
insert-- 20
`Maximum penalty--15 penalty units.'. 21
19. Section 21(1)-- 22
omit, insert-- 23
35
Motor Vehicles Safety Amendment
SCHEDULE 1 (continued)
`21.(1) The chief executive or an inspector or accredited officer may, by 1
written notice given to the owner of a motor vehicle (whether or not it is a 2
vehicle to which this Act applies), require the owner to produce the vehicle 3
for inspection on a day, and at a time and place, specified in the notice.'. 4
20. After section 21(2)-- 5
insert-- 6
`Maximum penalty--15 penalty units.'. 7
21. After section 22(1)-- 8
insert-- 9
`Maximum penalty--15 penalty units.'. 10
22. After section 22(2)-- 11
insert-- 12
`Maximum penalty--15 penalty units.'. 13
23. Section 22(3)-- 14
omit `prescribed form', insert `approved form'. 15
24. After section 22(4)-- 16
insert-- 17
`Maximum penalty--15 penalty units.'. 18
25. Section 24A(1)(b)-- 19
omit, insert-- 20
`(b) does not comply in every respect with applicable motor vehicle 21
safety and performance requirements;'. 22
36
Motor Vehicles Safety Amendment
SCHEDULE 1 (continued)
26. Section 25(b)-- 1
omit, insert-- 2
`(b) complies in every respect with applicable motor vehicle safety 3
and performance requirements.'. 4
27. After section 25-- 5
insert-- 6
`Maximum penalty--15 penalty units.'. 7
28. After section 26-- 8
insert-- 9
`Maximum penalty--20 penalty units.'. 10
29. Section 28(1)-- 11
omit, insert-- 12
`28.(1) The owner of a category A motor vehicle must give to the chief 13
executive, with an application for renewal of the vehicle's certificate of 14
registration under the Transport Infrastructure (Roads) Act 1991, a current 15
certificate of inspection or exemption that relates to the vehicle.'. 16
30. Section 29-- 17
omit, insert-- 18
`Procedure where certificate not given 19
`29.(1) If an application for registration of a category A motor vehicle is 20
not accompanied by a current certificate of inspection or exemption, the 21
chief executive may issue a certificate of registration and registration label 22
for not longer than 2 months from the expiry date of the previous certificate 23
of registration. 24
`(2) If a current certificate of inspection or exemption is not received by 25
37
Motor Vehicles Safety Amendment
SCHEDULE 1 (continued)
the chief executive by the expiry of the period for which the certificate of 1
registration has or had been issued under subsection (1), the chief executive 2
may cancel the certificate of registration and registration label. 3
`(3) A certificate of inspection or exemption is not current if the expiry 4
date shown on the certificate is before the expiry date of the certificate of 5
registration and registration label issued under subsection (1). 6
`(4) The chief executive may require payment of the prescribed 7
inspection fee for a category A motor vehicle at the time application is made 8
for renewal of the certificate of registration.'. 9
31. Section 30(1)-- 10
omit, insert-- 11
`30.(1) If it appears to the Governor in Council that-- 12
(a) because of circumstances affecting a particular area of the State, it 13
is unnecessary or undesirable that sections 23, 28 and 29 should 14
apply within the area to a particular class of motor vehicles while 15
the vehicles are used solely within the area; or 16
(b) for any other reason, it is unnecessary or undesirable that 17
sections 23, 28 and 29 should apply to a class of motor vehicles; 18
the Governor in Council may, by regulation, exempt the motor vehicles 19
from the application of the sections. 20
`(1A) In a proceeding, it must be presumed that sections 23, 28 and 29 21
apply throughout the State until the contrary is proved.'. 22
32. Section 30(4)-- 23
omit, insert-- 24
`(4) A motor vehicle's certificate of exemption ceases to be in force if the 25
vehicle's registration under the Transport Infrastructure (Roads) Act 1991 26
is cancelled.'. 27
38
Motor Vehicles Safety Amendment
SCHEDULE 1 (continued)
33. Section 31B(a)-- 1
omit, insert-- 2
`(a) a commercial motor vehicle if the alterations or modifications are 3
or have been carried out before the first registration of the vehicle 4
under a registration law; and'. 5
34. Section 31C(1)(e)-- 6
omit `prescribed form', insert `approved form'. 7
35. After section 31C(1), (2), (3) and (4)-- 8
insert-- 9
`Maximum penalty--15 penalty units.'. 10
36. Section 32(1)(a) and (b)-- 11
omit, insert-- 12
`(a) category A vehicles; 13
(b) category B vehicles.'. 14
37. Section 32(2)-- 15
omit, insert-- 16
`(2) A person must not dispose of a second-hand category A vehicle 17
unless-- 18
(a) the person has properly obtained a certificate of roadworthiness 19
for the vehicle; or 20
(b) a certificate of inspection under section 24 is in force for the 21
vehicle. 22
Maximum penalty--20 penalty units. 23
`(2A) A person must not dispose of a second-hand category B vehicle 24
39
Motor Vehicles Safety Amendment
SCHEDULE 1 (continued)
unless the person has properly obtained a certificate of roadworthiness for 1
the vehicle. 2
Maximum penalty--20 penalty units.'. 3
38. Section 32(3)(b)-- 4
omit `Main Roads Act 19201983', 5
insert `Transport Infrastructure (Roads) Act 1991'. 6
39. After section 32(3)-- 7
insert-- 8
`Maximum penalty--20 penalty units.'. 9
40. Section 32A-- 10
omit `Commissioner of Main Roads', insert `chief executive'. 11
41. Section 32A-- 12
omit `prescribed'. 13
42. Section 32A-- 14
omit `duly', insert `properly'. 15
43. Section 33-- 16
omit, insert-- 17
`Refusal to issue certificates of registration for second-hand vehicles 18
`33.(1) The chief executive may refuse to issue a certificate of registration 19
for a second-hand motor vehicle if the application for the certificate is not 20
accompanied by the original copy of a certificate of roadworthiness or 21
inspection in force for the vehicle. 22
40
Motor Vehicles Safety Amendment
SCHEDULE 1 (continued)
`(2) Subsection (1) does not apply to an application made by a licensed 1
motor dealer for the issue of a certificate of registration in the name of the 2
dealer for a motor vehicle that is to be disposed of by the dealer by sale. 3
`(3) If the vehicle is disposed of by sale by the dealer after the issue of 4
the certificate of registration, section 32 applies to the disposal.'. 5
44. Section 34(1)-- 6
omit `duly', insert `properly'. 7
45. After section 34(1)-- 8
insert-- 9
`Maximum penalty--10 penalty units.'. 10
46. Section 35-- 11
omit `duly', insert `properly'. 12
47. Section 37(1)(b)-- 13
omit `Main Roads Act 19201983', 14
insert `Transport Infrastructure (Roads) Act 1991'. 15
48. Section 37(2)-- 16
omit, insert-- 17
`(2) If it appears to the Governor in Council that, because of 18
circumstances affecting a particular area of the State, it is unnecessary or 19
undesirable that section 32, 33 or 34 should apply within the area, the 20
Governor in Council may, by regulation, exclude the area from the 21
application of the section and, while the regulation is in force, the section 22
does not apply to the disposal of a motor vehicle within the area. 23
41
Motor Vehicles Safety Amendment
SCHEDULE 1 (continued)
`(3) In a proceeding, it must be presumed that sections 32, 33 and 34 1
apply throughout the State until the contrary is proved.'. 2
49. Section 42A-- 3
omit `prescribed form', insert `approved form'. 4
50. Section 42C(1)-- 5
omit `$1 000', insert `20 penalty units'. 6
51. After section 42C(3)-- 7
insert-- 8
`Maximum penalty--20 penalty units.'. 9
52. Section 42D(2)-- 10
omit `$1 000', insert `20 penalty units'. 11
53. Section 42D(2)-- 12
omit `$25', insert `1 penalty unit'. 13
54. Section 42F(2)(a)-- 14
omit `Order in Council', insert `Governor in Council'. 15
55. Section 42F(2)(a)(ii)-- 16
omit, insert-- 17
`(ii) 1 must be an officer of the department;'. 18
42
Motor Vehicles Safety Amendment
SCHEDULE 1 (continued)
56. Section 42F(3)-- 1
omit `Order in Council appointing', insert `appointment of'. 2
57. Section 42F(4)-- 3
omit `Order in Council', insert `instrument'. 4
58. Section 42I-- 5
omit. 6
59. Section 42M-- 7
omit, insert-- 8
`Secretary to Tribunal 9
`42M. The secretary of the Tribunal is to be an officer of the 10
department.'. 11
60. After section 43-- 12
insert-- 13
`Maximum penalty--20 penalty units.'. 14
61. Section 44(1)-- 15
omit. 16
62. Section 46(g)-- 17
omit `Main Roads Act 19201990', 18
insert `Transport Infrastructure (Roads) Act 1991'. 19
43
Motor Vehicles Safety Amendment
SCHEDULE 1 (continued)
63. Section 46(g)-- 1
omit `Commissioner of Main Roads', insert `chief executive'. 2
64. Section 46(l) and (m)-- 3
omit `Commissioner of Main Roads within the meaning of the Main 4
Roads Act 19201983', 5
insert `chief executive'. 6
65. Section 47(2)-- 7
omit `$25', insert `1 penalty unit'. 8
66. Section 50-- 9
omit, insert-- 10
`Recovery of fees 11
`50. A summary proceeding under the Justices Act 1886 to recover an 12
unpaid fee under this Act may be started and determined-- 13
(a) within any division of the metropolitan district appointed under 14
the Justices Act 1886 for the purposes of Magistrates Courts; or 15
(b) with the Magistrates Courts district in which, or within 35 km of 16
the boundaries of which, the inspection or other service for which 17
the fee is payable was made or provided.'. 18
67. Section 51(1)(a)-- 19
omit, insert-- 20
`51.(1) The Governor in Council may make regulations for the purposes 21
of this Act. 22
`(2) A regulation may make provision with respect to--'. 23
44
Motor Vehicles Safety Amendment
SCHEDULE 1 (continued)
68. Section 51(1)(b)-- 1
renumber as section 51(2)(a). 2
69. Section 51(1)(c)-- 3
omit. 4
70. Section 51(1)(d) to (j)-- 5
renumber as section 51(2)(b) to (h) respectively. 6
71. Section 51(1)(h)-- 7
omit `$1 000', insert `20 penalty units'. 8
72. Section 51(1)(h)-- 9
omit `$25', insert `1 penalty unit'. 10
73. Section 51(1)(k)-- 11
omit. 12
74. Section 51(1)(l) to (n)-- 13
renumber as section 51(2)(i) to (k) respectively. 14
75. Section 51(2)-- 15
omit. 16
76. Section 52-- 17
omit. 18
45
Motor Vehicles Safety Amendment
SCHEDULE 1 (continued)
77. After Part 6-- 1
insert-- 2
`PART 7--SAVINGS AND TRANSITIONAL 3
PROVISIONS 4
`Reference to Chief Inspector of Motor Vehicle etc. 5
`52. In any Act, a reference to the Chief Inspector of Motor Vehicles is a 6
reference to the chief executive. 7
`Existing instruments 8
`53.(1) A regulation in force immediately before the commencement of 9
this section continues to have effect after the commencement. 10
`(2) An order in council in force under this Act immediately before the 11
commencement of this section continues to have effect after the 12
commencement, and may be repealed or amended, as if it were a regulation. 13
`(3) A person who was an approved examiner immediately before the 14
commencement of this section is taken to be approved under the Act after 15
the commencement as-- 16
(a) a Part 4 examiner for motor vehicles not in excess of 8 t; and 17
(b) a Part 5 examiner in relation to all Category B vehicles except 18
caravans and motor cycles. 19
`(4) A place that was an approved inspection station immediately before 20
the commencement of this section is taken to be approved under the Act 21
after the commencement as-- 22
(a) a Part 4 AIS for motor vehicles not in excess of 8 t; and 23
(b) a Part 5 AIS in relation to all Category B vehicles except caravans 24
and motor cycles. 25
`(5) A report under section 14 of the Act immediately before the 26
commencement of this section is taken to be made under section 13 of the 27
Act after the commencement.'. 28
46
Motor Vehicles Safety Amendment
SCHEDULE 1 (continued)
78. Schedules 1, 2 and 3-- 1
omit. 2
47
Motor Vehicles Safety Amendment
CHEDULE 2 1
ˇS
MENDMENT OF REFERENCES FROM 2
A
`DIRECTORGENERAL' TO `CHIEF EXECUTIVE' 3
ETC. 4
section 3 5
1. Sections 16, 17, 20(5), 22(1), (3), (4), (5), (6) and (7), 26, 27, 30(2) 6
and (3), 31B, 31C(1)(c), (4) and (5), 31D(2) and (3), 31E(2), (3) and 7
(5), 34(2)(b), 42A, 42B, 42C, 42D, 42E, 42N(1), 42O(1), 42P(1) and (4), 8
42Q, 42R(3), 44(2), 46, 48 and 51(1)(b)-- 9
omit `Director-General', insert `chief executive'. 10
2. Section 22(4)(a)(i), 42N(1) and 42Q-- 11
omit `Director-General's', insert `chief executive's'. 12
13
© State of Queensland 1993
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