Australian Capital Territory Current Acts

HEAVY VEHICLE NATIONAL LAW (ACT) - SECT 473

    (1)     Each of the following is a ground for amending, suspending or cancelling a heavy vehicle accreditation granted under this Law—

        (a)     the accreditation was granted because of a document or representation that was—

              (i)     false or misleading; or

              (ii)     obtained or made in an improper way;

        (b)     the holder of the accreditation has contravened a condition of the accreditation;

        (c)     the holder of the accreditation, or an associate of the holder, has been convicted of—

              (i)     an offence against this Law or a previous corresponding law; or

              (ii)     an offence involving fraud or dishonesty punishable on conviction by imprisonment of 6 months or more, whether committed in this jurisdiction or elsewhere;

        (d)     since the accreditation was granted, there has been a change in the circumstances that were relevant to the Regulator's decision to grant the accreditation and, had the changed circumstances existed when the accreditation was granted, the Regulator would not have granted the accreditation, or would have granted the accreditation subject to conditions or different conditions;

        (e)     for a maintenance management accreditation or mass management accreditation—

              (i)     public safety has been endangered, or is likely to be endangered, because of the accreditation; or

              (ii)     road infrastructure has been damaged, or is likely to be damaged, because of the accreditation;

        (f)     for a BFM accreditation or AFM accreditation—public safety has been endangered, or is likely to be endangered, because of the accreditation;

        (g)     the Regulator considers it necessary in the public interest.

    (2)     If the Regulator considers a ground exists to amend, suspend or cancel a heavy vehicle accreditation granted under this Law (the proposed action ), the Regulator must give the holder of the accreditation a notice—

        (a)     stating the proposed action; and

        (b)     stating the ground for the proposed action; and

        (c)     outlining the facts and circumstances forming the basis for the ground; and

        (d)     if the proposed action is to amend the accreditation (including a condition of the accreditation)—stating the proposed amendment; and

        (e)     if the proposed action is to suspend the accreditation—stating the proposed suspension period; and

        (f)     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.

    (3)     If, after considering all written representations made under subsection (2)(f), the Regulator still considers a ground exists to take the proposed action, the Regulator may—

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

        (b)     if the proposed action was to suspend the accreditation—suspend the accreditation for no longer than the period stated in the notice; or

        (c)     if the proposed action was to cancel the accreditation—

              (i)     amend the accreditation, including, for example, by imposing additional conditions on the accreditation; or

              (ii)     suspend the accreditation for a period; or

              (iii)     cancel the accreditation.

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

    (5)     The decision takes effect—

        (a)     when the information notice is given to the holder; or

        (b)     if a later time is stated in the information notice, at the later time.