New South Wales Consolidated Acts

HEAVY VEHICLE NATIONAL LAW (NSW) - SECT 76

76 Amendment or cancellation of vehicle standards exemption (permit) on Regulator's initiative

(1) Each of the following is a ground for amending or cancelling a vehicle standards exemption (permit)--

(a) the exemption was granted because of a document or representation that was--

(i) false or misleading; or

(ii) obtained or made in an improper way;

(b) the holder of the permit for the exemption has contravened a condition of the exemption;

(c) the use of a heavy vehicle on a road under the exemption has caused, or is likely to cause, a significant safety risk;

(d) since the exemption was granted, there has been 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.

(2) If the Regulator considers a ground exists to amend or cancel a vehicle standards exemption (permit) (the
"proposed action" ), the Regulator must give the holder of the permit for the exemption a notice--

(a) stating the proposed action; and

(b) stating the ground for the proposed action; and

(c) outlining the facts and circumstances forming the basis for the ground; and

(d) if the proposed action is to amend the exemption (including a condition of the exemption)--stating the proposed amendment; and

(e) inviting the holder to make, within a stated time of at least 14 days after the notice is given to the holder, written representations about why the proposed action should not be taken.

(3) If, after considering all written representations made under subsection (2)(e), 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.

(4) The Regulator must give the holder an information notice for the decision to amend or cancel the exemption.

(5) The amendment or cancellation takes effect--

(a) when the information notice is given to the holder; or

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