69Proprietor’s authorities

#### 69 Proprietor’s authorities 69 Proprietor’s authorities (cf 2007 reg cl 59) > > (1) A person may be authorised in writing to use premises for the purpose of conducting inspections and tests of registrable vehicles by authorised examiners if Transport for NSW is satisfied that— > > > > > (a) the premises and the equipment on the premises are suitable for that use, and > > > > > (b) the person is competent to carry out the responsibilities associated with using the premises for that purpose, and > > > > > (c) the person, and each person specified in the application for the proprietor’s authority as being a person who will be involved in the use of the premises for that purpose, are of suitable character. > > > (2) However, Transport for NSW must not issue a proprietor’s authority to any person unless the person has undertaken, and has passed, a course of instruction for proprietors that is approved by Transport for NSW and conducted by an organisation approved by Transport for NSW. > > > (3) A proprietor’s authority may be subjected at any time to any conditions that Transport for NSW may consider appropriate in relation to the person or class of persons concerned. > > > (4) A person must not use premises for the purposes of conducting an inspection or test referred to in subclause (1) unless the person is the holder of a proprietor’s authority in force in respect of the premises. > > > > Maximum penalty—20 penalty units. > > > (5) A person is not guilty of an offence under subclause (4) if the premises being used for the purposes of conducting an inspection or test are used in accordance with an authority issued under clause 68(3). > > > (6) A person who uses premises for the purposes of conducting an inspection or test referred to in subclause (1) must not permit an inspection report to be issued from those premises in relation to any such inspection or test if the person knows, or ought reasonably to suspect, that the report is false or misleading in a material particular. > > > > Maximum penalty—20 penalty units. > > > (7) (Repealed) > > > (8) A proprietor’s authority— > > > > > (a) applies to the inspection of registrable vehicles generally or to the class or classes of registrable vehicles specified in the authority, and > > > > > (b) remains in force until it is surrendered, suspended or cancelled by Transport for NSW, and > > > > > (b1) is to be issued in the way and in the form approved by Transport for NSW, and > > > > > (c) is subject to any condition imposed under this Subdivision. > > > (9) A proprietor’s authority, or a duplicate of such an authority, must not be issued unless— > > > > > (a) the applicant for the authority or duplicate has paid to Transport for NSW the applicable fee for the issue of the authority, or > > > > > (b) Transport for NSW has exempted the applicant from payment of that fee. > > > (10) Transport for NSW may exempt any person or class of persons from the requirement under subclause (2) to have undertaken, or to have passed, a course of instruction for proprietors. > > **cl 69:** Am 2022 (759), Sch 1\[4\]–\[6\].