New South Wales Consolidated Acts

HEAVY VEHICLE NATIONAL LAW (NSW) - SECT 731

731 National regulations for approved vehicle examiners

(1) Without limiting any other provision of this Law, the national regulations may provide for-

(a) the approval of classes of vehicle examiners to inspect vehicles for the purposes of this Law; and

(b) the role of the Regulator in approving classes of vehicle examiners and persons as vehicle examiners; and

(c) probity requirements for becoming and being approved vehicle examiners; and

(d) the functions of approved vehicle examiners or classes of approved vehicle examiners, including, for example-

(i) the examination and testing of heavy vehicles and equipment; and

(ii) the oversight of entities involved in the inspection or repair of heavy vehicles; and

(iii) the clearance of vehicle defect notices; and

(e) the premises or location where functions of approved vehicle examiners are permitted to be conducted and any matters relating to the premises or location where those functions are conducted; and

(f) the facilities and equipment that approved vehicle examiners are required to have in connection with the exercise of their functions; and

(g) the terms and conditions of approval of persons as vehicle examiners (including, for example, fees, qualifications and responsibilities); and

(h) procedures for monitoring and auditing compliance with-

(i) the terms and conditions of approval of a person as a vehicle examiner; and

(ii) the relevant provisions of this Law and any applicable code of practice prescribed by the national regulations; and

(iii) any other relevant requirements; and

(i) the discipline of, and disciplinary procedures applying to, approved vehicle examiners and entities having responsibility for their functions (including directors, managers and employees), whether-

(i) by way of monetary penalties, restriction on functions, imposition of conditions, variation of terms of appointment, suspension of appointment, cancellation of appointment; or

(ii) in some other way.

(2) The national regulations may make provision with respect to vehicle examiners (however described) appointed or authorised under a law of any participating jurisdiction and entities having responsibility for their functions (including directors, managers and employees), including processes relating to discipline and disciplinary procedures applying to them.