Queensland Consolidated Acts

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TRANSPORT OPERATIONS (PASSENGER TRANSPORT) ACT 1994 - SECT 148

Inquiries about person’s suitability to hold accreditation or authorisation

148 Inquiries about person’s suitability to hold accreditation or authorisation

(1) The chief executive may make inquiries about a person to help in deciding whether—
(a) the person is a suitable person to hold, or continue to hold, operator accreditation, driver authorisation or booking entity authorisation; or
(b) the person or another person of whom the person is a partner is a suitable person to hold, or continue to hold, operator accreditation or booking entity authorisation; or
(c) a corporation of which the person is an executive officer is a suitable person to hold, or continue to hold, operator accreditation or booking entity authorisation; or
(d) another person is a suitable person to hold, or continue to hold, booking entity authorisation if, under a regulation, the person’s criminal history is relevant to the decision.
(2) Without limiting subsection (1) , the chief executive may ask the commissioner of the police service for a written report about a person’s criminal history or whether the person is or has been subject to a relevant order for an offence mentioned in schedule 1A , part 1 .
(3) For subsection (2) , the chief executive’s request may include the following information—
(a) the person’s name and any other name the chief executive believes the person may use or may have used;
(b) the person’s gender and date and place of birth;
(c) details of the person’s driver licence under the Transport Operations (Road Use Management) Act 1995 ;
(d) details of the person’s operator accreditation, driver authorisation, booking entity authorisation or application for operator accreditation, driver authorisation or booking entity authorisation.
(4) If asked by the chief executive, the commissioner of the police service must give the chief executive a written report about the person’s criminal history.
(5) Subsection (4) applies to the criminal history in the commissioner’s possession or to which the commissioner has access.
(6) If the police commissioner gives the chief executive information under subsection (2) about a person who is or has been subject to a relevant order for an offence mentioned in schedule 1A , part 1 , the information must include the following information about the person—
(a) that the person is or has been subject to a relevant order for an offence mentioned in schedule 1A , part 1 ;
(b) if the person is or has been subject to a relevant order that is a disqualification order under the Working with Children (Risk Management and Screening) Act 2000 —the duration and details of the disqualification order;
(c) if the person is or has been subject to an offender prohibition order—
(i) a brief description of the conduct that gave rise to the order; and
(ii) the duration and details of the order, including whether it is or was a temporary offender prohibition order or a final offender prohibition order.



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