Australian Capital Territory Current Acts

HEAVY VEHICLE NATIONAL LAW (ACT) - SECT 642

    (1)     This section applies to—

        (a)     a reviewable decision made by the Regulator other than a decision made on the basis of a public safety ground; or

        (b)     a reviewable decision made by an authorised officer.

    (2)     If a person makes a review application for the reviewable decision, the person may immediately apply for a stay of the decision to the relevant appeal body.

    (3)     The relevant appeal body may stay the reviewable decision to secure the effectiveness of the review and any later appeal to the body.

    (4)     In setting the time for hearing the stay application, the relevant appeal body must allow at least 3 business days between the day the application is filed with it and the hearing day.

    (5)     The Regulator is a party to the application.

    (6)     The person must serve a copy of the application showing the time and place of the hearing, and any document filed in the relevant appeal body with the application, on the Regulator at least 2 business days before the hearing.

    (7)     The stay—

        (a)     may be given on conditions the relevant appeal body considers appropriate; and

        (b)     operates for the period specified by the relevant appeal body; and

        (c)     may be revoked or amended by the relevant appeal body.

    (8)     The period of a stay under this section must not extend past the time when the reviewer reviews the reviewable decision and any later period the relevant appeal body allows the applicant to enable the applicant to appeal against the decision.