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TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 17C

Chief executive may obtain information from commissioner

17C Chief executive may obtain information from commissioner

(1) This section applies if a regulation made under section 17B authorises the chief executive to grant or renew an approval.
(2) The chief executive may ask the commissioner for a written report about the criminal history of any of the following persons—
(a) the applicant for or holder of the approval;
(b) a relevant person for the applicant for or holder of the approval.
(3) For subsection (2) (b) , a person is a
"relevant person" for the applicant for or holder of an approval—
(a) if the applicant or holder is a corporation and the person is an executive officer of the corporation; or
(b) if the approval is an AIS approval and the person is a person who, under a regulation—
(i) has been nominated by the applicant or holder to be a nominee for the applicant or holder; and
(ii) has agreed to the nomination; or
(c) if the approval is an approval as a registered service provider and the person is a person who, under a regulation—
(i) has been nominated by the applicant or holder to sign declarations for the applicant or holder about another person’s competency for riding a motorbike; and
(ii) has agreed to the nomination.
(4) 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;
(d) details of the person’s application or approval.
(5) If requested, the commissioner must give the chief executive a written report about the criminal history of a person mentioned in subsection (2)
(a) that is in the commissioner’s possession; or
(b) to which the commissioner ordinarily has access through arrangements with the police service of the Commonwealth or another State.
(6) In this section—

"AIS approval" means an approval granted under a regulation that authorises its holder to operate a station (whether fixed or mobile) at which—
(a) vehicles may be inspected for compliance with vehicle standards under a regulation made under section 148 ; or
(b) heavy vehicles may be inspected for compliance with heavy vehicle standards under the national regulations (HVNL).

"nominee" , for an AIS approval, has the meaning given by a regulation made under section 148 .

"registered service provider" means a person registered under a regulation to provide training to, and assess the competency of, persons learning how to ride a motorbike or particular class of motorbike.



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