sec.18Grounds for amending, suspending or cancelling approvals

### sec.18 Grounds for amending, suspending or cancelling approvals Each of the following is a ground for amending, suspending or cancelling an approval— the approval was issued because of a document or representation that is— false or misleading; or obtained or made in another improper way; the holder of the approval has contravened a condition of the approval; the holder of the approval, or any relevant person for the holder within the meaning of section 17C (3) , has been convicted of— an offence against— this Act or a corresponding law; or the Heavy Vehicle National Law or a law of another State that corresponds to a provision of the Heavy Vehicle National Law ; or for the holder of an approval prescribed under a regulation, or a relevant person for the holder within the meaning of section 17C (3) —a disqualifying offence; for the registration of a motor vehicle with a GVM of more than 4.5t—the vehicle has been used to commit an offence against— this Act or a corresponding law; or the Heavy Vehicle National Law or a law of another State that corresponds to a provision of the Heavy Vehicle National Law ; for an approval of an alternative compliance scheme— the scheme is not, or is no longer, an effective way of demonstrating the operator’s vehicles or drivers operating under it in Queensland achieve the relevant purpose prescribed under section 15 (2) ; or for an interstate scheme—the approval under a corresponding law to this chapter is amended, suspended or cancelled; for a permit under section 111 (1) (a) —the holder is no longer a person with a disability within the meaning of that section; for an approval that exempts a person from complying with a provision of this Act— public safety has been endangered, or is likely to be endangered because of the approval; or transport infrastructure within the meaning of the Transport Infrastructure Act 1994 has been damaged, or is likely to be damaged because of the approval; for any approval other than an approval mentioned in paragraph (g) —public safety has been endangered, or is likely to be endangered, because of the approval; for an approval that is a dangerous goods driver licence—the person to whom the licence is granted no longer satisfies the criteria, however described, under the regulation that provides for the licence; for an approval prescribed under a dangerous goods regulation as an approval for this paragraph— a change in circumstances has happened after the approval was granted; and had the changed circumstances existed when the approval was granted, the approval would not have been granted under the regulation because of the requirements under the regulation applying to the grant; for an approval prescribed under a dangerous goods regulation as an approval for this paragraph—the holder has contravened this Act or a corresponding law and the contravention makes the holder unsuitable to continue to hold the approval; for an approval that is a dangerous goods driver licence—the holder is suffering from a medical condition or has a physical or mental incapacity, that makes the holder unsuitable to continue to hold the licence; for an approval that is a dangerous goods vehicle licence—the vehicle does not comply with this Act; for an approval that is a repeat offender education program exemption— a change in circumstances has happened after the exemption was granted and, had the changed circumstances existed when the exemption was granted, it would not have been granted because of the requirements under section 91H (1) applying to the grant; or the holder of the approval has failed to comply with section 91HD ; for an approval that is an interlock exemption—a change in circumstances has happened after the exemption was granted and, had the changed circumstances existed when the exemption was granted, it would not have been granted because of the requirements under section 91Q (3) applying to the grant; for an approval that is an interlock exemption—the holder of the approval has failed to comply with a restriction applying to the approval; the chief executive considers it necessary in the public interest; any other ground prescribed by regulation. In this section— change in circumstances — for a person granted an interlock exemption because of circumstances mentioned in section 91Q (3) (a) —does not include the establishment of a prescribed interlock installer’s place of business near the person’s place of residence; or for a person granted a repeat offender education program exemption because of circumstances mentioned in section 91H (2) (a) —does not include the establishment of a place where a repeat offender education program is provided near the person’s place of residence. dangerous goods driver licence means a licence, as prescribed under a dangerous goods regulation, to drive a dangerous goods vehicle. dangerous goods vehicle licence means a licence, as prescribed under a dangerous goods regulation, of a dangerous goods vehicle. operator see section 15 (1) . repeat offender education program exemption means an exemption from the requirement to complete a repeat offender education program granted under section 91HA . s 18 sub 1997 No. 66 s 111 amd 1998 No. 33 s 21 ; 1999 No. 42 s 28 ; 2001 No. 79 s 92 ; 2002 No. 71 s 15 ; 2004 No. 40 s 11 ; 2007 No. 43 s 33 sch ; 2008 No. 31 s 46 ; 2008 No. 67 ss 41 , 157 , 296 ; 2010 No. 13 s 12 ; 2013 No. 26 s 41 ; 2020 No. 22 s 15 ; 2019 No. 25 s 74 (sec.18-ssec.1) Each of the following is a ground for amending, suspending or cancelling an approval— the approval was issued because of a document or representation that is— false or misleading; or obtained or made in another improper way; the holder of the approval has contravened a condition of the approval; the holder of the approval, or any relevant person for the holder within the meaning of section 17C (3) , has been convicted of— an offence against— this Act or a corresponding law; or the Heavy Vehicle National Law or a law of another State that corresponds to a provision of the Heavy Vehicle National Law ; or for the holder of an approval prescribed under a regulation, or a relevant person for the holder within the meaning of section 17C (3) —a disqualifying offence; for the registration of a motor vehicle with a GVM of more than 4.5t—the vehicle has been used to commit an offence against— this Act or a corresponding law; or the Heavy Vehicle National Law or a law of another State that corresponds to a provision of the Heavy Vehicle National Law ; for an approval of an alternative compliance scheme— the scheme is not, or is no longer, an effective way of demonstrating the operator’s vehicles or drivers operating under it in Queensland achieve the relevant purpose prescribed under section 15 (2) ; or for an interstate scheme—the approval under a corresponding law to this chapter is amended, suspended or cancelled; for a permit under section 111 (1) (a) —the holder is no longer a person with a disability within the meaning of that section; for an approval that exempts a person from complying with a provision of this Act— public safety has been endangered, or is likely to be endangered because of the approval; or transport infrastructure within the meaning of the Transport Infrastructure Act 1994 has been damaged, or is likely to be damaged because of the approval; for any approval other than an approval mentioned in paragraph (g) —public safety has been endangered, or is likely to be endangered, because of the approval; for an approval that is a dangerous goods driver licence—the person to whom the licence is granted no longer satisfies the criteria, however described, under the regulation that provides for the licence; for an approval prescribed under a dangerous goods regulation as an approval for this paragraph— a change in circumstances has happened after the approval was granted; and had the changed circumstances existed when the approval was granted, the approval would not have been granted under the regulation because of the requirements under the regulation applying to the grant; for an approval prescribed under a dangerous goods regulation as an approval for this paragraph—the holder has contravened this Act or a corresponding law and the contravention makes the holder unsuitable to continue to hold the approval; for an approval that is a dangerous goods driver licence—the holder is suffering from a medical condition or has a physical or mental incapacity, that makes the holder unsuitable to continue to hold the licence; for an approval that is a dangerous goods vehicle licence—the vehicle does not comply with this Act; for an approval that is a repeat offender education program exemption— a change in circumstances has happened after the exemption was granted and, had the changed circumstances existed when the exemption was granted, it would not have been granted because of the requirements under section 91H (1) applying to the grant; or the holder of the approval has failed to comply with section 91HD ; for an approval that is an interlock exemption—a change in circumstances has happened after the exemption was granted and, had the changed circumstances existed when the exemption was granted, it would not have been granted because of the requirements under section 91Q (3) applying to the grant; for an approval that is an interlock exemption—the holder of the approval has failed to comply with a restriction applying to the approval; the chief executive considers it necessary in the public interest; any other ground prescribed by regulation. (sec.18-ssec.2) In this section— change in circumstances — for a person granted an interlock exemption because of circumstances mentioned in section 91Q (3) (a) —does not include the establishment of a prescribed interlock installer’s place of business near the person’s place of residence; or for a person granted a repeat offender education program exemption because of circumstances mentioned in section 91H (2) (a) —does not include the establishment of a place where a repeat offender education program is provided near the person’s place of residence. dangerous goods driver licence means a licence, as prescribed under a dangerous goods regulation, to drive a dangerous goods vehicle. dangerous goods vehicle licence means a licence, as prescribed under a dangerous goods regulation, of a dangerous goods vehicle. operator see section 15 (1) . repeat offender education program exemption means an exemption from the requirement to complete a repeat offender education program granted under section 91HA . - (a) the approval was issued because of a document or representation that is— (i) false or misleading; or (ii) obtained or made in another improper way; - (i) false or misleading; or - (ii) obtained or made in another improper way; - (b) the holder of the approval has contravened a condition of the approval; - (c) the holder of the approval, or any relevant person for the holder within the meaning of section 17C (3) , has been convicted of— (i) an offence against— (A) this Act or a corresponding law; or (B) the Heavy Vehicle National Law or a law of another State that corresponds to a provision of the Heavy Vehicle National Law ; or (ii) for the holder of an approval prescribed under a regulation, or a relevant person for the holder within the meaning of section 17C (3) —a disqualifying offence; - (i) an offence against— (A) this Act or a corresponding law; or (B) the Heavy Vehicle National Law or a law of another State that corresponds to a provision of the Heavy Vehicle National Law ; or - (A) this Act or a corresponding law; or - (B) the Heavy Vehicle National Law or a law of another State that corresponds to a provision of the Heavy Vehicle National Law ; or - (ii) for the holder of an approval prescribed under a regulation, or a relevant person for the holder within the meaning of section 17C (3) —a disqualifying offence; - (d) for the registration of a motor vehicle with a GVM of more than 4.5t—the vehicle has been used to commit an offence against— (i) this Act or a corresponding law; or (ii) the Heavy Vehicle National Law or a law of another State that corresponds to a provision of the Heavy Vehicle National Law ; - (i) this Act or a corresponding law; or - (ii) the Heavy Vehicle National Law or a law of another State that corresponds to a provision of the Heavy Vehicle National Law ; - (e) for an approval of an alternative compliance scheme— (i) the scheme is not, or is no longer, an effective way of demonstrating the operator’s vehicles or drivers operating under it in Queensland achieve the relevant purpose prescribed under section 15 (2) ; or (ii) for an interstate scheme—the approval under a corresponding law to this chapter is amended, suspended or cancelled; - (i) the scheme is not, or is no longer, an effective way of demonstrating the operator’s vehicles or drivers operating under it in Queensland achieve the relevant purpose prescribed under section 15 (2) ; or - (ii) for an interstate scheme—the approval under a corresponding law to this chapter is amended, suspended or cancelled; - (f) for a permit under section 111 (1) (a) —the holder is no longer a person with a disability within the meaning of that section; - (g) for an approval that exempts a person from complying with a provision of this Act— (i) public safety has been endangered, or is likely to be endangered because of the approval; or (ii) transport infrastructure within the meaning of the Transport Infrastructure Act 1994 has been damaged, or is likely to be damaged because of the approval; - (i) public safety has been endangered, or is likely to be endangered because of the approval; or - (ii) transport infrastructure within the meaning of the Transport Infrastructure Act 1994 has been damaged, or is likely to be damaged because of the approval; - (h) for any approval other than an approval mentioned in paragraph (g) —public safety has been endangered, or is likely to be endangered, because of the approval; - (i) for an approval that is a dangerous goods driver licence—the person to whom the licence is granted no longer satisfies the criteria, however described, under the regulation that provides for the licence; - (k) for an approval prescribed under a dangerous goods regulation as an approval for this paragraph— (i) a change in circumstances has happened after the approval was granted; and (ii) had the changed circumstances existed when the approval was granted, the approval would not have been granted under the regulation because of the requirements under the regulation applying to the grant; - (i) a change in circumstances has happened after the approval was granted; and - (ii) had the changed circumstances existed when the approval was granted, the approval would not have been granted under the regulation because of the requirements under the regulation applying to the grant; - (l) for an approval prescribed under a dangerous goods regulation as an approval for this paragraph—the holder has contravened this Act or a corresponding law and the contravention makes the holder unsuitable to continue to hold the approval; - (m) for an approval that is a dangerous goods driver licence—the holder is suffering from a medical condition or has a physical or mental incapacity, that makes the holder unsuitable to continue to hold the licence; - (n) for an approval that is a dangerous goods vehicle licence—the vehicle does not comply with this Act; - (o) for an approval that is a repeat offender education program exemption— (i) a change in circumstances has happened after the exemption was granted and, had the changed circumstances existed when the exemption was granted, it would not have been granted because of the requirements under section 91H (1) applying to the grant; or (ii) the holder of the approval has failed to comply with section 91HD ; - (i) a change in circumstances has happened after the exemption was granted and, had the changed circumstances existed when the exemption was granted, it would not have been granted because of the requirements under section 91H (1) applying to the grant; or - (ii) the holder of the approval has failed to comply with section 91HD ; - (p) for an approval that is an interlock exemption—a change in circumstances has happened after the exemption was granted and, had the changed circumstances existed when the exemption was granted, it would not have been granted because of the requirements under section 91Q (3) applying to the grant; - (q) for an approval that is an interlock exemption—the holder of the approval has failed to comply with a restriction applying to the approval; - (r) the chief executive considers it necessary in the public interest; - (s) any other ground prescribed by regulation. - (i) false or misleading; or - (ii) obtained or made in another improper way; - (i) an offence against— (A) this Act or a corresponding law; or (B) the Heavy Vehicle National Law or a law of another State that corresponds to a provision of the Heavy Vehicle National Law ; or - (A) this Act or a corresponding law; or - (B) the Heavy Vehicle National Law or a law of another State that corresponds to a provision of the Heavy Vehicle National Law ; or - (ii) for the holder of an approval prescribed under a regulation, or a relevant person for the holder within the meaning of section 17C (3) —a disqualifying offence; - (A) this Act or a corresponding law; or - (B) the Heavy Vehicle National Law or a law of another State that corresponds to a provision of the Heavy Vehicle National Law ; or - (i) this Act or a corresponding law; or - (ii) the Heavy Vehicle National Law or a law of another State that corresponds to a provision of the Heavy Vehicle National Law ; - (i) the scheme is not, or is no longer, an effective way of demonstrating the operator’s vehicles or drivers operating under it in Queensland achieve the relevant purpose prescribed under section 15 (2) ; or - (ii) for an interstate scheme—the approval under a corresponding law to this chapter is amended, suspended or cancelled; - (i) public safety has been endangered, or is likely to be endangered because of the approval; or - (ii) transport infrastructure within the meaning of the Transport Infrastructure Act 1994 has been damaged, or is likely to be damaged because of the approval; - (i) a change in circumstances has happened after the approval was granted; and - (ii) had the changed circumstances existed when the approval was granted, the approval would not have been granted under the regulation because of the requirements under the regulation applying to the grant; - (i) a change in circumstances has happened after the exemption was granted and, had the changed circumstances existed when the exemption was granted, it would not have been granted because of the requirements under section 91H (1) applying to the grant; or - (ii) the holder of the approval has failed to comply with section 91HD ; - (a) for a person granted an interlock exemption because of circumstances mentioned in section 91Q (3) (a) —does not include the establishment of a prescribed interlock installer’s place of business near the person’s place of residence; or - (b) for a person granted a repeat offender education program exemption because of circumstances mentioned in section 91H (2) (a) —does not include the establishment of a place where a repeat offender education program is provided near the person’s place of residence.