4Definitions

4 Definitions

(1) In this Act:

approved intelligent transport system means an intelligent transport system approved for the purposes of the IAP by TCA.

Note: Intelligent transport system is defined in the [Act corresponding to the Road Transport Reform (Compliance and Enforcement) Act 2003].

IAP is the acronym for Intelligent Access Program.

IAP agreement means an agreement between the operator of a vehicle and an IAP service provider under which the IAP service provider agrees to provide IAP monitoring services to the operator.

IAP audit—see section 34.

IAP auditor means a person approved as an IAP auditor by TCA.

IAP condition—see section 7.

IAP information means information that has been generated or collected for any purpose relating to the IAP.

IAP service provider means a person that is certified as an IAP service provider by TCA.

IAP vehicle means a vehicle that is subject to an IAP condition, is equipped for monitoring under the IAP, and is covered by an IAP agreement.

intelligent access map means the spatial data set, issued by TCA from time to time, that defines the national public road system.

Note: The intelligent access map may not include some private roads.

Intelligent Access Program—see section 3.

law‑enforcement purposes means the purposes of investigating or prosecuting an offence (whether summary or indictable) against:

(a) a road law; or
(b) \[the law corresponding to the Australian Road Rules\]; or
(c) a law relating to the transport by road of dangerous goods; or
(d) a law prescribed for the purposes of this paragraph.

malfunction of an approved intelligent transport system—see subsection (4).

non‑compliance report—see subsection (2).

participating operator means an operator of a vehicle or vehicles that has entered into an IAP agreement, and operates at least 1 IAP vehicle.

personal information means information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.

tampering with an approved intelligent transport system—see section 44.

TCA means Transport Certification Australia Ltd ACN 113 379 936.

(2) A non‑compliance report: (a) is a report, generated by an approved intelligent transport system, of a contravention by an IAP vehicle of an IAP condition; and (b) may include information, about apparent tampering with that system, electronically generated by the system itself. (3) A reference in a provision of this Act to an approved form is a reference to the form approved by the Authority for the purposes of the provision. (4) An approved intelligent transport system malfunctions if: (a) it ceases to work at all, or works only intermittently; or (b) it does not perform 1 or more functions required under the IAP, or performs any such function only intermittently; or (c) it performs such a function in such a way that the results of its doing so are inaccurate or unreliable (including intermittently inaccurate or unreliable). (5) An expression used in this Act that is also used (whether or not defined) in the [Act corresponding to the Road Transport Reform (Compliance and Enforcement) Act 2003] has, unless the contrary intention appears, the same meaning in this Act as in that Act.

Note: The following significant terms are defined in the [Act corresponding to the Road Transport Reform (Compliance and Enforcement) Act 2003]: