Show cause notice before taking particular action
41 Show cause notice before taking particular action
This section applies if the chief executive considers—
a ground exists under section 40(1) to amend a person’s driver authorisation; or
a ground exists under section 40(3) to suspend or cancel a person’s driver authorisation.
However, this section does not apply if section 46 or 47 applies.
Before taking the action mentioned in subsection (1)(a) or (b) (the proposed action), the chief executive must give the person a written notice—
stating the proposed action; and
stating the grounds for the proposed action; and
outlining the facts and circumstances forming the basis for the grounds; and
if the proposed action is amendment of the driver authorisation—stating the proposed amendment; and
if the proposed action is suspension of the driver authorisation—stating the proposed suspension period; and
inviting the person to show, within a stated period of at least 28 days, why the proposed action should not be taken.
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