QLDIn ForceAct
Transport Operations (Passenger Transport) Act 1994
sec.111BWhen person is suitable to be transit officer
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### sec.111B When person is suitable to be transit officer
This section provides for when a person may be considered to be suitable to be a transit officer.
A person is suitable to be a transit officer only if—
the person has not been convicted of—
a category A driver disqualification offence; or
a category B driver disqualification offence other than an offence against the Criminal Code , section 328A ; or
an indictable offence in Queensland not covered by subparagraph (i) or (ii) ; or
an offence outside Queensland that, if it had been committed in Queensland, would constitute an indictable offence not covered by subparagraph (i) or (ii) ; and
the person is of good character; and
the person’s state of physical and mental fitness will enable the person to perform the functions and exercise the powers of a transit officer.
In deciding whether a person is of good character, the chief executive may consider the following matters as indicating that the person may not be of good character—
in dealings in which the person has been involved, the person has—
shown dishonesty or lack of integrity; or
used harassing tactics;
the person associates with, or has associated with, a criminal in a way that indicates involvement in unlawful activity.
Subsection (3) does not limit the matters the chief executive may consider in deciding whether or not a person is of good character.
In this section—
conviction , for an offence mentioned in subsection (2) (a) (iii) or (iv) , does not include a spent conviction.
s 111B ins 2008 No. 67 s 218
amd 2023 No. 23 s 247 sch 1 s 4
(sec.111B-ssec.1) This section provides for when a person may be considered to be suitable to be a transit officer.
(sec.111B-ssec.2) A person is suitable to be a transit officer only if— the person has not been convicted of— a category A driver disqualification offence; or a category B driver disqualification offence other than an offence against the Criminal Code , section 328A ; or an indictable offence in Queensland not covered by subparagraph (i) or (ii) ; or an offence outside Queensland that, if it had been committed in Queensland, would constitute an indictable offence not covered by subparagraph (i) or (ii) ; and the person is of good character; and the person’s state of physical and mental fitness will enable the person to perform the functions and exercise the powers of a transit officer.
(sec.111B-ssec.3) In deciding whether a person is of good character, the chief executive may consider the following matters as indicating that the person may not be of good character— in dealings in which the person has been involved, the person has— shown dishonesty or lack of integrity; or used harassing tactics; the person associates with, or has associated with, a criminal in a way that indicates involvement in unlawful activity.
(sec.111B-ssec.4) Subsection (3) does not limit the matters the chief executive may consider in deciding whether or not a person is of good character.
(sec.111B-ssec.5) In this section— conviction , for an offence mentioned in subsection (2) (a) (iii) or (iv) , does not include a spent conviction.
- (a) the person has not been convicted of— (i) a category A driver disqualification offence; or (ii) a category B driver disqualification offence other than an offence against the Criminal Code , section 328A ; or (iii) an indictable offence in Queensland not covered by subparagraph (i) or (ii) ; or (iv) an offence outside Queensland that, if it had been committed in Queensland, would constitute an indictable offence not covered by subparagraph (i) or (ii) ; and
- (i) a category A driver disqualification offence; or
- (ii) a category B driver disqualification offence other than an offence against the Criminal Code , section 328A ; or
- (iii) an indictable offence in Queensland not covered by subparagraph (i) or (ii) ; or
- (iv) an offence outside Queensland that, if it had been committed in Queensland, would constitute an indictable offence not covered by subparagraph (i) or (ii) ; and
- (b) the person is of good character; and
- (c) the person’s state of physical and mental fitness will enable the person to perform the functions and exercise the powers of a transit officer.
- (i) a category A driver disqualification offence; or
- (ii) a category B driver disqualification offence other than an offence against the Criminal Code , section 328A ; or
- (iii) an indictable offence in Queensland not covered by subparagraph (i) or (ii) ; or
- (iv) an offence outside Queensland that, if it had been committed in Queensland, would constitute an indictable offence not covered by subparagraph (i) or (ii) ; and
- (a) in dealings in which the person has been involved, the person has— (i) shown dishonesty or lack of integrity; or (ii) used harassing tactics;
- (i) shown dishonesty or lack of integrity; or
- (ii) used harassing tactics;
- (b) the person associates with, or has associated with, a criminal in a way that indicates involvement in unlawful activity.
- (i) shown dishonesty or lack of integrity; or
- (ii) used harassing tactics;