Queensland Consolidated Acts

TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 57AB

In this subdivision—

associate, of an influencing person, means any of the following persons to whom the influencing person, whether or not for reward, has given an interest, other than a security interest, in the vehicle—

(a) for an influencing person who is an individual—

(i) a spouse of the influencing person; or

(ii) a relative of the influencing person, whether by blood, spousal relationship or adoption; or

(iii) an employee of the influencing person; or

(iv) an employee of a corporation of which the influencing person is an executive officer; or

(v) a partner of the influencing person; or

(vi) a corporation of which the influencing person is an executive officer; or

(vii) a corporation in which the influencing person holds a controlling interest;

(b) for an influencing person that is a corporation—

(i) an executive officer of the corporation; or

(ii) a spouse of an executive officer of the corporation; or

(iii) a relative of an executive officer of the corporation, whether by blood, spousal relationship or adoption; or

(iv) an employee of the corporation; or

(v) a person who holds a controlling interest in the corporation; or

(vi) a holding company of the corporation; or

(vii) a subsidiary of the corporation; or

(viii) a subsidiary of a holding company of the corporation;

(c) a person who is accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of the influencing person or, if the influencing person is a corporation, of the executive officers of the influencing person;

(d) a person who, because of paragraph (a), (b) or (c), would be an associate of someone who is an associate of the influencing person if the associate were an influencing person.

Example of an associate—

If the influencing person, by a verbal agreement, leases the vehicle to a corporation that is a subsidiary of the influencing person, the corporation is an associate of the influencing person.

extended liability offence means—

(a) an offence against section 162D; or

(b) an offence committed by the person in control of a heavy vehicle because there has been a contravention of a mass, dimension or loading requirement in relation to the vehicle; or

(c) an offence committed by the person in control of a fatigue regulated heavy vehicle because there has been a contravention of a fatigue management requirement in relation to the vehicle; or

(d) a heavy vehicle speeding offence.

holding company see the Corporations Act, section 9.

influencing person—

(a) in relation to a heavy vehicle generally, means any or all of the following persons—

(i) the owner of the heavy vehicle or, if the heavy vehicle is a combination, the owner of a vehicle forming part of the combination;

(ii) the registered operator of the heavy vehicle or, if the heavy vehicle is a combination, the registered operator of a vehicle forming part of the combination;

(iii) a person, other than the owner or registered operator, who controls or directly influences the operation of the heavy vehicle; and

Example—

the operator of the heavy vehicle

(b) for an offence against section 162D or relating to a contravention of a mass, dimension or loading requirement involving a heavy vehicle, includes any or all of the following persons—

(i) the consignor of any goods in the heavy vehicle;

(ii) the packer of any goods in the heavy vehicle;

(iii) the loading manager of any goods in the heavy vehicle;

(iv) the loader of any goods in the heavy vehicle; and

(c) for an offence relating to a contravention of an exemption record requirement involving a heavy vehicle, includes the employer of the driver of the heavy vehicle; and

(d) for an offence relating to a contravention of a maximum work requirement or minimum rest requirement involving a heavy vehicle, includes any or all of the following persons—

(i) the employer of the driver of the heavy vehicle;

(ii) a scheduler for the heavy vehicle;

(iii) the consignor of any goods in the heavy vehicle;

(iv) the consignee of any goods in the heavy vehicle;

(v) the loading manager of any goods in the heavy vehicle; and

(e) for an offence relating to a contravention of a work and rest hours option requirement involving a heavy vehicle, includes any or all of the following persons—

(i) the employer of the driver of the heavy vehicle;

(ii) a scheduler for the heavy vehicle; and

(f) for an offence relating to a contravention of a work diary requirement involving a heavy vehicle, includes any or all of the following persons—

(i) the employer of the driver of the heavy vehicle;

(ii) a scheduler for the heavy vehicle; and

(g) for a heavy vehicle speeding offence, includes the employer of the driver of the heavy vehicle.

security interest means an interest given by way of security for or in relation to a liability, whether present, contingent or future.

subsidiary see the Corporations Act, section 9.