1Short titleThis regulation may be cited as the Transport Operations (Road Use Management—Accreditation and Other Provisions) (AIS approvals) Amendment Regulation 2024.2Regulation amendedThis regulation amends the Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2015.3Insertion of new s 7AAfter section 7—insert—7ASuitability for accreditation as approved examiner(1)This section applies in relation to an accreditation for performing the function of an approved examiner for a type of vehicle.(2)The chief executive may grant an application for appointment as an accredited person for the accreditation only if satisfied the applicant has the necessary expertise to perform the function under section 24(1). (3)The chief executive may refuse to grant an application for renewal of the accreditation if satisfied the applicant has failed to successfully complete a relevant AE training course for the type of vehicle within the completion period for the training course.4Amendment of s 9 (Statutory conditions on accreditation)(1)Section 9(1)—omit, insert—(1)This section applies if either of the following applications is granted—

(a)an application to be appointed as an accredited person for a type of accreditation;

(b)an application for renewal of an accreditation.

(1A)From the grant of the application, the accreditation is subject to the conditions stated for the accreditation in schedule 1 that were in force when the application was granted.(2)Section 9(1A) and (2)—renumber as section 9(2) and (3).5Insertion of new s 9AAfter section 9—insert—9ATraining requirement for holder of non-renewable AE accreditation—Act, s 18(1)This section applies in relation to a non-renewable AE accreditation, in effect immediately before the commencement, for performing the function of an approved examiner for a type of vehicle.(2)The holder of the non-renewable AE accreditation must successfully complete each relevant AE training course for the type of vehicle within the completion period for the training course.(3)For section 18(1)(s) of the Act, the holder of the non-renewable AE accreditation contravening subsection (2) is prescribed as a ground for suspending or cancelling the accreditation.(4)In this section—non-renewable AE accreditation means an accreditation mentioned in section 174.6Amendment of s 20 (Chief executive may approve assessments, experience and training courses)(1)Section 20—insert—(3A)Also, subsection (2) does not prevent the chief executive approving, for section 24(1), a training course for completion by an approved examiner if satisfied a person who successfully completes the training course will have the skills and knowledge to continue to perform the functions of an approved examiner.(2)Section 20(4)—insert—

(c)for a training course approved for completion by an approved examiner—the period (the completion period), of at least 3 months after the day the training course is notified, in which an approved examiner is required to successfully complete the training course.

(3)Section 20(3A) and (4)—renumber as section 20(4) and (5).7Amendment of s 22 (Chief executive may approve registered training organisations)Section 22(3)—omit.8Amendment of pt 3, div 1, hdg (Common provisions for part 3 approvals)Part 3, division 1, heading, ‘Common’—omit, insert—General9Amendment of s 73 (Suitability for part 3 approvals)(1)Section 73, heading, after ‘approvals’—insert—generally(2)Section 73(1)—omit.(3)Section 73(2), ‘Without limiting subsection (1), the’—omit, insert—The(4)Section 73(4), ‘Subsections (1), (2) and (3)’—omit, insert—Subsections (1) and (2)(5)Section 73(2) to (4)—renumber as section 73(1) to (3).10Insertion of new ss 73A–73CAfter section 73—insert—73ASuitability for registration as registered service provider(1)This section applies if the application is for the grant or renewal of a registration as a registered service provider.(2)The chief executive may grant the application only if satisfied the applicant is able to comply with the business rules for providing Q-Ride training.73BSuitability for AIS approval—applicant requiring nominee(1)Subsection (2) applies if—

(a)the application is for the grant of an AIS approval; and

(b)section 99 would apply to the holder of the approval if the application were granted.

(2)The chief executive may grant the application only if satisfied the applicant will have a nominee when the application is granted. (3)Subsection (4) applies if—

(a)the application is for the renewal of an AIS approval; and

(b)section 99 applies to the holder of the approval.

(4)The chief executive may refuse to grant the application if satisfied—

(a)the applicant no longer has a nominee; or

(b)the nominee for the applicant has failed to successfully complete a training course approved for a nominee under section 106A within the completion period for the training course.

73CSuitability for AIS approval—other individual applicants(1)This section applies if—

(a)the application is made by an individual for the grant or renewal of an AIS approval; and

(b)section 73B does not apply in relation to the application.

(2)The chief executive may grant an application for the grant of an AIS approval only if satisfied the applicant has successfully completed each training course approved for an applicant for the grant of an AIS approval under section 106A.(3)The chief executive may refuse to grant an application for renewal of an AIS approval if satisfied the applicant has failed to successfully complete a training course approved for a holder of an AIS approval under section 106A within the completion period for the training course.11Amendment of s 76 (Statutory conditions for part 3 approval)Section 76(1), from ‘A part 3 approval’ to ‘mentioned in’—omit, insert—From the grant of an application for the grant or renewal of a part 3 approval, the approval is subject to the conditions, in force when the application was granted, mentioned in12Amendment of s 102 (Suitability for approval as nominee)Section 102(1)—insert—

(d)has successfully completed each training course approved for an applicant for approval as a nominee under section 106A.

13Insertion of new s 105AAfter section 105—insert—105ATraining requirement for nominee—Act, s 18(1)This section applies to a nominee whether the person’s application for approval as a nominee was granted before the commencement or is granted after the commencement.(2)The nominee must successfully complete each training course approved for a nominee under section 106A within the completion period for the training course.(3)For section 18(1)(s) of the Act, the nominee contravening subsection (2) is prescribed as a ground for suspending or cancelling the person’s approval as a nominee.14Insertion of new s 106APart 3, division 3, subdivision 2—insert—106AApproved training course for AIS activities(1)This section applies in relation to the following activities (AIS activities) for an AIS approval or an approval as a nominee—

(a)operating an AIS;

(b)inspecting particular types of vehicles at an AIS.

(2)The chief executive may approve a training course for carrying out the AIS activities if the chief executive considers a person who successfully completes the training course will have, or continue to have, the skills and knowledge necessary to carry out the activities.(3)The chief executive may approve a training course under subsection (2) for completion by any 1 or more of the following—

(a)an applicant for the grant of an AIS approval;

(b)an applicant for the grant of an approval as a nominee;

(c)the holder of an AIS approval;

(d)a nominee.

(4)The chief executive may approve a registered training organisation to conduct a training course approved under subsection (2). (5)The chief executive must notify the following on the department’s website—

(a)each training course approved under subsection (2);

(b)the class of person for which the training course is approved under subsection (3);

(c)for a training course approved for completion by the holder of an AIS approval or a nominee—the period (the completion period), of at least 3 months after the day the training course is notified, in which an AIS approval holder or nominee is required to successfully complete the training course;

(d)if a registered training organisation is approved to conduct a training course under subsection (4)—

(i)the name of the training organisation; and

(ii)each training course the training organisation is approved to conduct;

(e)if paragraph (d) does not apply in relation to a training course—information about where the training course may be undertaken.

15Insertion of new ss 141 and 141AAfter section 140—insert—141Completing training course for another person(1)This section applies if a person (the responsible person) is required under this regulation to—

(a)successfully complete a training course, approved under section 20, relating to an existing or prospective accreditation as an approved examiner; or

(b)successfully complete a training course approved under section 106A relating to an existing or prospective AIS approval or approval as a nominee.

(2)A person, other than the responsible person, must not complete all or part of the training course for the responsible person.Maximum penalty—40 penalty units.141ADisclosure of information to registered training organisation(1)This section authorises the disclosure of information for section 143(2)(b)(i) of the Act.(2)Subsection (3) applies if—

(a)a person is required under this regulation to—

(i)successfully complete a training course, approved under section 20, relating to an existing or prospective accreditation as an approved examiner; or

(ii)successfully complete a training course, approved under section 106A, relating to an existing or prospective AIS approval or approval as a nominee; and

(b)the chief executive has approved a registered training organisation to conduct the training course under section 22 or 106A(4).

(3)The chief executive may disclose information about the person to the registered training organisation to the extent the disclosure of the information is necessary to enable the chief executive to monitor compliance with the requirement in the administration of the Act.16Amendment of s 154 (Existing accreditations)Section 154(2)—insert—Note—See, however, section 174 for the application of this subsection to an accreditation to which subsection (1)(a)(ii) applies.17Insertion of new pt 8, div 3Part 8—insert—Division 3Transitional provisions for Transport Operations (Road Use Management— Accreditation and Other Provisions) (AIS approvals) Amendment Regulation 2024174Continuation of non-renewable AE accreditation(1)This section applies to an accreditation as an approved examiner under the repealed Transport Operations (Road Use Management) Regulation 1995, part 4A that—

(a)was continued under the repealed Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2005, section 117; and

(b)under section 154(2), was taken to be an accreditation granted under part 2.

(2)Despite section 154(2), section 10 does not apply, and is taken never to have applied, to the accreditation.175Training requirement for holder of existing accreditation—Act, s 18(1)This section applies to the holder of an accreditation, in effect immediately before the commencement, for performing the function of an approved examiner for a type of vehicle.(2)However, this section does not apply in relation to an accreditation mentioned in section 174.(3)The holder of the accreditation must successfully complete any relevant AE training course for the type of vehicle within the completion period for the training course.(4)For section 18(1)(s) of the Act, the holder of the accreditation contravening subsection (3) is prescribed as a ground for suspending or cancelling the accreditation.(5)This section applies to the holder of the accreditation in relation to a requirement under subsection (3) until—

(a)if the chief executive gives the holder a notice under section 19(1) of the Act to suspend or cancel the accreditation on the ground the requirement has been contravened—

(i)if the holder applies for an internal or external review of the suspension or cancellation—the end of the day the review proceedings are finally dealt with;

(ii)otherwise—the end of the day the procedure under section 19 of the Act is finished; or

(b)if paragraph (a) does not apply—the first of the following happens—

(i)the accreditation is renewed;

(ii)the accreditation stops having effect.

176Training requirement for holder of existing AIS approval—Act, s 18(1)This section applies to the holder of an AIS approval that was in effect immediately before the commencement.(2)If the holder of the AIS approval is required to have a nominee under section 99, the holder must ensure the nominee successfully completes any training course approved for a nominee under section 106A within the completion period for the training course.(3)If the holder of the AIS approval is an individual who is not required to have a nominee under section 99, the holder must successfully complete any training course approved for a holder of an AIS approval under section 106A within the completion period for the training course. (4)For section 18(1)(s) of the Act, the holder of the AIS approval contravening subsection (2) or (3) is prescribed as a ground for suspending or cancelling the approval.(5)This section applies to the holder of the AIS approval in relation to a requirement under subsection (2) or (3) until—

(a)if the chief executive gives the holder a notice under section 19(1) of the Act to suspend or cancel the approval on the ground the requirement has been contravened—

(i)if the holder applies for an internal or external review of the suspension or cancellation—the end of the day the review proceedings are finally dealt with;

(ii)otherwise—the end of the day the procedure under section 19 of the Act is finished; or

(b)if paragraph (a) does not apply—the first of the following happens—

(i)the approval is renewed;

(ii)the approval stops having effect.

18Amendment of sch 1 (Statutory conditions for appointment as accredited person)(1)Schedule 1, part 2, heading—omit, insert—Part 2Approved examiners(2)Schedule 1, part 2, as amended by this regulation—insert—7ACompletion of relevant AE training course(1)This section applies to the holder of an accreditation, other than an accreditation mentioned in section 174, for performing the function of an approved examiner for a type of vehicle.(2)The holder of the accreditation must successfully complete any relevant AE training course for the type of vehicle within the completion period for the training course.(3)This section applies whether the relevant AE training course was notified under section 20(5) before or after the accreditation was last renewed.(3)Schedule 1, section 8, heading—omit, insert—8Other conditions(4)Schedule 1, after section 8, as amended by this regulation—insert—Part 3Other accredited persons19Amendment of sch 2 (Statutory conditions for part 3 approval)Schedule 2, part 3—insert—16Particular conditions for AIS approval holder requiring nominee(1)This section applies to a holder of an AIS approval that is required to have a nominee under section 99.(2)The holder of the AIS approval must—

(a)continue to have a nominee; and

(b)ensure the nominee continues to hold a position in which the person is charged with responsibility for the conduct of the holder’s business at the fixed AIS to which the AIS approval relates.

(3)The holder of the AIS approval must ensure the nominee for the holder successfully completes any training course approved for a nominee under section 106A within the completion period for the training course.(4)Subsection (3) applies whether the training course was notified under section 106A(5) before or after the AIS approval was last renewed.17Completion of training course for particular individual AIS approval holders(1)This section applies to a holder of an AIS approval who is an individual unless section 16 of this schedule applies to the holder.(2)The holder of the AIS approval must successfully complete any training course approved for a holder of an AIS approval under section 106A within the completion period for the training course.(3)This section applies whether the training course was notified under section 106A(5) before or after the AIS approval was last renewed.20Amendment of sch 7 (Dictionary)Schedule 7—insert—completion period—

(a)for a training course approved under section 20 for completion by an approved examiner—see section 20(5)(c); or

(b)for a training course approved under section 106A(3) for completion by the holder of an AIS approval or a nominee—see section 106A(5)(c).

registered training organisation see the National Vocational Education and Training Regulator Act 2011 (Cwlth), section 3.relevant AE training course, for a type of vehicle, means a training course—

(a)approved for completion by an approved examiner under section 20; and

(b)relating to the performance of safety inspections for the type of vehicle.