Document ID: chunk:federal_register_of_legislation:F2024C00112:reg:93
Version: federal_register_of_legislation:F2024C00112
Segment Type: reg
Provision Reference: reg 93
Character Range: 143444–145057

93  Criteria for deciding application
  The Secretary may grant an approval (an AVV approval) to a corporation if the Secretary is satisfied that:
 (a) the corporation has, or has access to:
 (i) the technology, equipment and procedures to inspect road vehicles in accordance with the requirements set out in a determination made by the Minister under section 106; and
 (ii) appropriately skilled staff to carry out such inspections; and
 (b) all of the following apply:
 (i) the corporation is not a holder of a RAW approval;
 (ii) neither the corporation nor any member of its key management personnel holds shares or has any other financial interest in a corporation that holds a RAW approval;
 (iii) the key management personnel of the corporation are not key management personnel, or employees, of a corporation that holds a RAW approval;
 (iv) the corporation has in place effective arrangements to reduce the likelihood that conflicts of interest will arise in relation to activities undertaken by the corporation under the AVV approval, and to ensure that any such conflicts that arise are appropriately managed; and
 (c) the corporation will comply with the conditions to which the approval will be subject.
Note: Various conditions apply to all AVV approvals, including conditions regarding conflicts of interest. Among other things, it is a condition of an AVV approval that the holder of the approval must not inspect or verify a road vehicle under the approval if the holder of the approval, or a member of their key management personnel or staff, owns, or has a financial interest in, the vehicle.