TOW TRUCK ACT 1973 - SECT 4C Who is an appropriate person

TOW TRUCK ACT 1973 - SECT 4C

4C Who is an appropriate person

(1) Without limiting what the chief executive may take into account when deciding whether a person is an appropriate person to hold or continue to hold a licence or certificate under this Act, regard must be had to the following—

(a) the person’s criminal history and, if the person is a corporation, the criminal history of each of its executive officers;

(b) the person’s traffic history;

(c) the person’s conduct while performing activities under a licence or certificate;

(d) whether the person has been charged with or convicted of—

(i) an offence against this Act; or

(ii) a disqualifying offence;

(e) whether the person has held a licence or certificate that has been cancelled and, if so, why it was cancelled;

(f) whether the person holds a licence or certificate that has been or is suspended and, if so, why it was suspended;

(g) whether the person is capable of satisfactorily performing the activities authorised under a licence or certificate, including because of any known medical condition or physical or mental incapacity;

(h) whether the person is subject to a domestic violence order, an interstate order or registered New Zealand order as defined in the Domestic and Family Violence Protection Act 2012 ;

(i) whether the person has been charged with or convicted of having committed an offence in another State or another country that, if committed in Queensland, would be an offence against the Weapons Act 1990 ;

(j) whether the person has been charged with or convicted of having committed an offence in another State or another country that, if committed in Queensland, would be an offence against the Drugs Misuse Act 1986 ;

(k) whether the person is, or has been, the subject of a control order or registered corresponding control order.

(2) The chief executive may not take into account criminal intelligence given by the police commissioner to the chief executive under section 36B when deciding whether a person is an appropriate person to hold or continue to hold a licence or certificate under this Act.

(3) In this section—


"certificate" means—

(a) an assistant’s certificate; or

(b) a driver’s certificate.

"traffic history" , of a person, see the Transport Operations (Road Use Management) Act 1995 , schedule 4 .