Queensland Subordinate Legislation as Made

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TRANSPORT LEGISLATION AMENDMENT REGULATION (NO. 1) 2012 No. 138 - SECT 8

8 Amendment of s 13 (Approval of modified vehicle)

(1) Section 13(6)—

renumber as section 13(7).

(2) Section 13(1) and (2)—

omit, insert—

'(1) Subject to subsection (6), the owner of a modified vehicle must ensure the vehicle is not driven or parked on a road unless the modification has been approved by an authorised officer or approved person.

Maximum penalty—60 penalty units.

'(2) After inspecting a vehicle, an authorised officer or approved person must not approve a modification of the vehicle unless—

(a) if the modification is of a kind covered by an approved code of practice—the modification complies with the approved code; or
(b) if the modification is of a kind that is not covered by an approved code of practice and may adversely affect the safety of the vehicle—
(i) the chief executive has approved the modification; and
(ii) the modification complies with any requirement specified by the chief executive for the modification.

Maximum penalty—40 penalty units.'.

(3) Section 13—

insert—

'(6) Subsection (1) does not apply if the modification is of a kind that, at the time it is made, is—

(a) covered by, and complies with, an approved code of practice that expressly states that a modification of that kind does not require approval or certification under the code; or
(b) not covered by an approved code of practice and does not adversely affect the safety of the vehicle.'.

(4) Section 13(7), as renumbered—

insert—

'approved code of practice means each of the following codes approved by the chief executive—

(a) the National Code of Practice for Light Vehicle Construction and Modification;
(b) the Queensland Code of Practice—Vehicle Modifications;
(c) the National Code of Practice—Heavy Vehicle Modifications.
Editor's note—
The approved codes of practice are available online at .'.


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