When information may be made publicly available
39ZA When information may be made publicly available
The Commissioner must not make the information publicly available unless the proceedings for the offence or the steps to revoke the licence are finalised.
Proceedings for an offence dealt with by way of a penalty notice are taken to be finalised if the penalty notice amount has been paid.
Other proceedings for an offence are taken to be finalised if—
a court has made a finding that the person committed the offence, and
the finding has not been overturned because—
an appeal was made against the finding but—
the finding was upheld, or
the appeal was dismissed, or
an appeal has not been made against the finding before the time for making the appeal expired.
The steps to revoke a licence are taken to be finalised if—
the licence has been revoked, and
an appeal has not been made against the decision to revoke the licence within 28 days after the decision took effect.
If an appeal is made against a decision to revoke a licence after the 28-day period, the Commissioner—
must remove information made publicly available about the revocation of the licence as soon as practicable, and
may make information about the revocation publicly available if—
the decision to revoke is upheld, or
the appeal is dismissed.
This Act’s bill:Explanatory memorandumSecond reading speech
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