Australian Capital Territory Current Regulations Australian Capital Territory Current Regulations(1) The road transport authority may take the following action under this section in relation to the approval of premises:
(a) cancel the approval and disqualify the proprietor from applying for approval of premises for not longer than 2 years;
(b) cancel the approval for a class of vehicles and disqualify the proprietor from applying for approval of premises for that class for not longer than 2 years;
(c) suspend the approval for not longer than 1 year and, if the authority considers appropriate, disqualify the proprietor from applying for approval of premises for not longer than 1 year;
(d) suspend the approval for a class of vehicles for not longer than 1 year and, if the authority considers appropriate, disqualify the proprietor from applying for approval of premises for that class for not longer than 1 year;
(e) if the approval is already suspended—do either of the following:
(i) cancel the approval (completely or for a class of vehicles) and disqualify the proprietor from applying for approval of premises (completely or for a class of vehicles) for not longer than 2 years;
(ii) suspend the approval (completely or for a class of vehicles) for an additional period of not longer than 1 year and, if the authority considers appropriate, disqualify the proprietor from applying for approval of premises (completely or for a class of vehicles) for a period, or an additional period, of not longer than 1 year.
(2) If the road transport authority proposes to take action under this section in relation to the approval of premises, the authority must give the proprietor of the premises a notice that—
(a) states the proposed action, including any proposed suspension (or additional suspension) period and any proposed period of disqualification (or additional disqualification) from applying for approval of premises; and
(b) states the grounds for the proposed action; and
(c) invites the proprietor to make written representations, within a stated period of at least 14 days after the proprietor is given the notice, why the proposed action should not be taken.
(3) If, after considering any written representations made by the proprietor within the stated period, the road transport authority is satisfied on reasonable grounds that a ground mentioned in section 135 exists to take action under this section, the authority may take the following action:
(a) if the proposed action included cancelling the approval of the premises—either cancel the approval or suspend the approval (completely or for a class of vehicles) for not longer than 1 year;
(b) if the proposed action included cancelling the approval for a class of vehicles—either cancel the approval, or suspend the approval for not longer than 1 year, for that class;
(c) if the proposed action included suspending the approval for a stated period or stated additional period—suspend the approval for not longer than that period;
(d) if the proposed action included suspending the approval for a class of vehicles for a stated period or stated additional period—suspend the approval for that class for not longer than that period;
(e) if the proposed action included disqualifying the proprietor from applying for approval for a stated period or stated additional period—disqualify the person from applying for approval (completely or for a class of vehicles) for not longer than that period;
(f) if the proposed action included disqualifying the proprietor from applying for approval for a class of vehicles for a stated period or stated additional period—disqualify the person from applying for approval for that class for not longer than that period.
(4) If the road transport authority decides to cancel or suspend the approval (completely or for a class of vehicles), or disqualify the proprietor from applying for approval of premises (completely or for a class of vehicles), the internal review notice must include a statement about when the cancellation, suspension or disqualification takes effect.
Note A decision to take action under this section is an internally reviewable decision (see l title="A1999-77">Road Transport (General) Act 1999
, s 90, def internally reviewable decision and href="http://www.legislation.act.gov.au/sl/2000-13" title="SL2000-13">Road Transport (General) Regulation 2000
, sch 1), and the road transport authority must give an internal review notice to the proprietor (see href="http://www.legislation.act.gov.au/a/1999-77" title="A1999-77">Road Transport (General) Act 1999
, s 91).
(5) A cancellation or suspension takes effect on—
(a) the 7th day after the day the internal review notice about the cancellation or suspension is given to the proprietor; or
(b) if the notice states a later date of effect—the stated date.
(6) If the road transport authority suspends the approval of premises, then, during the suspension—
(a) the premises are taken not to be approved premises; and
(b) the proprietor is disqualified from applying for approval of premises.
(7) If the road transport authority suspends the approval of premises for a class of vehicles, then, during the suspension—
(a) the premises are taken not to be approved premises for that class; and
(b) the proprietor is disqualified from applying for approval for that class.