Road Transport (Vehicle Registration) Regulation 2000

The road transport authority may take the following action under this section in relation to a person’s authorisation:

cancel the authorisation and disqualify the person from applying for authorisation for not longer than 2 years;

cancel the authorisation for a class of vehicles and disqualify the person from applying for authorisation for that class for not longer than 2 years;

suspend the authorisation for not longer than 1 year and, if the authority considers appropriate, disqualify the person from applying for authorisation for not longer than 1 year;

suspend the authorisation for a class of vehicles for not longer than 1 year and, if the authority considers appropriate, disqualify the person from applying for authorisation for that class for not longer than 1 year;

if the authorisation is already suspended—do either of the following:

cancel the authorisation (completely or for a class of vehicles) and disqualify the person from applying for authorisation (completely or for a class of vehicles) for not longer than 2 years;

suspend the authorisation (completely or for a class of vehicles) for an additional period of not longer than 1 year and, if the authority considers appropriate, disqualify the person from applying for authorisation (completely or for a class of vehicles) for a period, or an additional period, of not longer than 1 year.

If the road transport authority proposes to take action under this section in relation to a person’s authorisation, the authority must give the person a notice that—

states the proposed action, including any proposed suspension (or additional suspension) period and any proposed period of disqualification (or additional disqualification) from applying for authorisation; and

states the grounds for the proposed action; and

invites the person to make written representations, within a stated period of at least 14 days after the person is given the notice, why the proposed action should not be taken.

If, after considering any written representations made by the person within the stated period, the road transport authority is satisfied on reasonable grounds that a ground mentioned in section 124 exists to take action under this section, the authority may take the following action:

if the proposed action included cancelling the person’s authorisation—either cancel the authorisation or suspend the authorisation (completely or for a class of vehicles) for not longer than 1 year;

if the proposed action included cancelling the person’s authorisation for a class of vehicles—either cancel the authorisation, or suspend the authorisation for not longer than 1 year, for that class;

if the proposed action included suspending the authorisation for a stated period or stated additional period—suspend the authorisation for not longer than that period;

if the proposed action included suspending the authorisation for a class of vehicles for a stated period or stated additional period—suspend the authorisation for that class for not longer than that period;

if the proposed action included disqualifying the person from applying for authorisation for a stated period or stated additional period—disqualify the person from applying for authorisation for not longer than that period (completely or for a class of vehicles);

if the proposed action included disqualifying the person from applying for authorisation for a class of vehicles for a stated period or stated additional period—disqualify the person from applying for authorisation for that class for not longer than that period.

If the road transport authority decides to cancel or suspend the authorisation (completely or for a class of vehicles), or disqualify the person from applying for authorisation (completely or for a class of vehicles), the internal review notice about the decision must include a statement about when the cancellation, suspension or disqualification takes effect.

A cancellation or suspension takes effect on—

the 7th day after the day the internal review notice about the cancellation or suspension is given to the person; or

if the notice states a later date of effect—the stated date.

A cancellation or suspension must not take effect earlier than 7 days after the person is told about the decision.

If the road transport authority suspends a person’s authorisation, the person is, during the suspension—

taken not to be an authorised examiner; and

disqualified from applying for authorisation as an examiner.

If the road transport authority suspends a person’s authorisation for a class of vehicles, the person is, during the suspension—

taken not to be an authorised examiner for that class; and

disqualified from applying for authorisation as an examiner for that class.