Australian Capital Territory Current Acts

ROAD TRANSPORT (GENERAL) ACT 1999 - SECT 44A

    (1)     This section applies if—

        (a)     a person has an infringement notice management plan; and

        (b)     the administering authority is satisfied on reasonable grounds that the person has failed to comply with the plan; and

        (c)     notice disputing liability for the infringement notice penalty or penalties covered by the plan has not been given to the administering authority in accordance with this part.

    (2)     The administering authority must tell the road transport authority about the non-compliance and the road transport authority must—

        (a)     send the person a written notice (a suspension notice ) that contains the information required by subsection (3); and

        (b)     if the person does not resume complying with the plan before the suspension date in the suspension notice—take action under subsection (5) or (6) (the suspension action ) on the suspension date.

    (3)     A suspension notice must state—

        (a)     the identifying number (however described) for the person's infringement notice management plan; and

        (b)     that if the person does not resume complying with the plan before a stated date (the suspension date ), the road transport authority will take suspension action on the suspension date; and

        (c)     any information prescribed by regulation; and

        (d)     any other information that the road transport authority considers appropriate.

    (4)     However, the suspension date must not be earlier than 10 days after the day the suspension notice is sent to the person.

    (5)     If the person is the holder of a driver licence, the road transport authority must suspend the licence.

    (6)     If the person is not the holder of a driver licence, the road transport authority must suspend the person's right to drive any vehicle in the ACT.

    (7)     A suspension under this section takes effect on the suspension date.

    (8)     If the road transport authority takes suspension action, the authority must send a suspension confirmation notice to the person that states—

        (a)     the suspension date; and

        (b)     the action that was taken on the suspension date; and

        (c)     any information prescribed by regulation; and

        (d)     any other information that the road transport authority considers appropriate.

    (9)     A regulation may make provision in relation to—

        (a)     how the administering authority becomes satisfied that a person has failed to comply with the person's infringement notice management plan; and

        (b)     information to be given to the administering authority by the person or anyone else in relation to the person's compliance with the plan.