Heavy Vehicle (General) National Regulation

Each of the following is a ground for amending or cancelling a permit—

the permit was granted because of a document or representation that was—

false or misleading; or

obtained or made in an improper way;

the person to whom the permit is granted has contravened the Law or a corresponding fatigue law;

for a class 2 heavy vehicle authorisation (permit) or mass or dimension exemption (permit)—

the person to whom the permit is granted has contravened a condition of the permit; or

the use of heavy vehicles on a road under the permit has caused, or is likely to cause, a significant risk to public safety;

for a work and rest hours exemption (permit) or a fatigue record keeping exemption (permit)—a driver of a fatigue-regulated heavy vehicle to whom the permit applies has contravened the Law or a corresponding fatigue law;

for a work diary exemption (permit)—the person making written work records for the driver has contravened a condition of the permit;

for a vehicle standards exemption (permit)—the use of a heavy vehicle on a road under the permit has caused, or is likely to cause, a significant safety risk;

since the permit was granted, there has been a change in the circumstances that were relevant to the Regulator’s decision to grant the permit and, had the changed circumstances existed when the permit was granted, the Regulator—

would not have granted the permit; or

would have granted the permit subject to conditions or different conditions.

Subsection (1)(b) and (g) do not apply to—

a class 2 heavy vehicle authorisation (permit); or

a mass or dimension exemption (permit).

If the Regulator considers a ground exists to amend or cancel a permit (the proposed action), the Regulator must give the holder of the permit a notice—

stating the proposed action; and

stating the ground for the proposed action; and

outlining the facts and circumstances forming the basis for the ground; and

if the proposed action is to amend the permit, including a condition of the permit—stating the proposed amendment; and

inviting the holder to make, within a stated time of at least 14 days after the notice is given to the holder, written representations about why the proposed action should not be taken.

If, after considering all written representations made under subsection (3)(e), the Regulator still considers a ground exists to take the proposed action, the Regulator may—

if the proposed action was to amend the permit—amend the permit, including, for example, by imposing additional conditions on the permit, in a way that is not substantially different from the proposed action; or

if the proposed action was to cancel the permit—

amend the permit, including, for example, by imposing additional conditions on the permit; or

cancel the permit.

The Regulator must give the holder an information notice for the decision.

The amendment or cancellation takes effect—

when the information notice is given to the holder; or

if a later time is stated in the information notice—at the later time.