New South Wales Consolidated Acts

HEAVY VEHICLE NATIONAL LAW (NSW) - SECT 271

271 Amendment or cancellation of work and rest hours exemption (notice)

(1) Each of the following is a ground for amending or cancelling a work and rest hours exemption (notice)--

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

(b) the use of fatigue-regulated heavy vehicles under the exemption has caused, or is likely to cause, a significant risk to public safety.

(2) If the Regulator considers a ground exists to amend or cancel a work and rest hours exemption (notice), the Regulator may amend or cancel the exemption by complying with subsections (3) to (5).

(3) The Regulator must publish a public notice--

(a) stating that the Regulator believes a ground mentioned in subsection (1)(a) or (b) for amending or cancelling the exemption exists; and

(b) outlining the facts and circumstances forming the basis for the belief; and

(c) stating the action the Regulator is proposing to take under this section (the
"proposed action" ); and

(d) inviting persons who will be affected by the proposed action to make, within a stated time of at least 14 days after the Commonwealth Gazette notice is published, written representations about why the proposed action should not be taken.

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

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

(b) if the proposed action was to cancel the exemption--

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

(ii) cancel the exemption.

(5) The Regulator must publish a public notice of the amendment or cancellation.

(6) The amendment or cancellation takes effect--

(a) 28 days after the Commonwealth Gazette notice is published under subsection (5); or

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