Commonwealth Numbered Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

1986 No. 291 INTERSTATE ROAD TRANSPORT REGULATIONS - REG 32

Cancellation of authorisation
32. (1) Where a person to whom a Registration Authority has granted an
authorisation under sub-regulation 30 (1)-

   (a)  has ceased-

        (i)    in the case of a person to whom an authorisation referred to in
               paragraph 30 (1) (b) has been granted-to carry on, on the
               premises specified
in the authorisation (in this regulation referred to as the "authorised
premises"); or

        (ii)   in any other case-to carry on,
the operations in respect of which the authorisation has been granted;

   (b)  does not possess, or have access to, the tools or equipment necessary
        to carry on the operation in respect of which the authorisation has
        been granted; or

   (c)  has failed to carry out, with the standard of care or efficiency
        normally to be expected from a person carrying on the operations in
        respect of which the authorisation has been granted, any such
        operation, the Registration Authority shall, by notice in writing
        served on the person, inform the person that the Registration
        Authority proposes, on the grounds specified in the notice, to cancel
        the authorisation unless the person has, within 28 days from the day
        of issue of the notice, taken such steps or given such undertakings as
        are sufficient to satisfy the Registration Authority-

   (d)  in the case of a person who has ceased to carry on, or to carry on on
        authorised premises, the operations in respect of which the
        authorisation has been granted-that the person has resumed, or will
        resume as soon as practicable, those operations, or those operations
        on those premises, as the case may be;

   (e)  in the case of a person to whom paragraph (b) applies-that the person
        has acquired, or has access to, or will as soon as practicable acquire
        or have access to, the tools or equipment of the kind referred to in
        that paragraph that the person does not possess or to which he or she
        does not have access; or

   (f)  in the case of a person to whom paragraph (c) applies-that the person
        will in the future carry on, with due care and efficiency, the
        operations in respect of which the authorisation has been granted.

(2) If a person who has received a notice from a Registration Authority under
sub-regulation (1)-

   (a)  does not, within the period referred to in that sub-regulation, take
        action or give undertakings in accordance with the notice; or

   (b)  having taken action or given undertakings in accordance with the
        notice, subsequently conducts himself or herself in a manner that
        would justify the service on him or her of a notice under
        sub-regulation (1) on the same grounds as those specified in the
        first-mentioned notice, the Registration Authority shall cancel the
        authorisation granted to the person under sub-regulation 30 (1) and
        give to the person written notice of the cancellation. 


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback