Queensland Consolidated Regulations

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TRANSPORT OPERATIONS (ROAD USE MANAGEMENT--MASS, DIMENSIONS AND LOADING) REGULATION 2005 - SECT 55U

55U IAP service providers' obligations relating to reporting tampering

(1) For subsections (2) and (3), an IAP service provider does not know or suspect an approved intelligent transport system has been tampered with only because the IAP service provider has--

(a) accessed a report made by an approved intelligent transport system, including a report contained in a noncompliance report, of the electronic detection of apparent tampering with the system; or
(b) analysed information generated by an approved intelligent transport system.

(2) An IAP service provider commits an offence if the IAP service provider--

(a) either--
(i) knows that an approved intelligent transport system fitted to an IAP vehicle has been tampered with; or
(ii) has reasonable grounds to suspect that an approved intelligent transport system fitted to an IAP vehicle has been tampered with; and
(b) does not report the tampering or suspected tampering, in a way complying with subsection (4), to the chief executive immediately.

Maximum penalty--60 penalty units.

(3) An IAP service provider commits an offence if the IAP service provider--

(a) either--
(i) knows that an approved intelligent transport system, other than an approved intelligent transport system fitted to an IAP vehicle, has been tampered with; or
(ii) has reasonable grounds to suspect that an approved intelligent transport system, other than an approved intelligent transport system fitted to an IAP vehicle, has been tampered with; and
(b) does not report the tampering or suspected tampering, in a way complying with subsection (4), to TCA immediately.

Maximum penalty--60 penalty units.

(4) A report under subsection (2)(b) or (3)(b) must be in the form approved for the purpose by TCA, if any.

(5) TCA must make a form approved under subsection (4) available on the IAP website.

(6) If an IAP service provider knows, or has reasonable grounds to suspect, that an approved intelligent transport system has been tampered with, the IAP service provider must not disclose to any person other than the chief executive or TCA any of the following information--

(a) that the IAP service provider has that knowledge or suspicion;
(b) any information from which the person to whom the disclosure is made could reasonably infer that the IAP service provider has that knowledge or suspicion;

unless the disclosure is authorised under another law.

Maximum penalty--60 penalty units.

(7) If an IAP service provider has made a report to the chief executive or TCA under subsection (2) or (3) of apparent tampering or suspicion of tampering, the IAP service provider must not disclose to any person other than the chief executive or TCA any of the following information--

(a) that the report has been made;
(b) any information from which the person to whom the disclosure is made could reasonably infer that the IAP service provider has made the report;

unless the disclosure is authorised under another law.

Maximum penalty for subsection (7)--60 penalty units.



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