New South Wales Consolidated Acts New South Wales Consolidated Acts(cf Gen Act, ss 241(1)(a) and 242(1)(a)-(c)); Gen Reg, cll 15(1) and (5), 18(1) and 22(1))
(1) In this Part--
"appealable decision" , in relation to a person, means any of the following decisions--(a) a decision of the Commissioner of Police under section 115 refusing to grant the person an approval under that section or imposing any condition on any such approval,(b) a decision of a police officer to give the person an immediate licence suspension notice,(c) a decision of Transport for NSW not to grant the person an application for the issue, variation or renewal of a driver licence under the statutory rules (other than a decision to refuse the person a driver licence on the ground that the person, if already licensed, would be liable to have action taken against the person under section 36(4)),(d) a decision of Transport for NSW to give the person a notice of licence suspension or cancellation under section 40(1) or a notice of licence ineligibility under section 41(1),(e) a decision of Transport for NSW to suspend or cancel the person's driver licence under section 59,(f) a decision of Transport for NSW to refuse to grant or renew the registration of a registrable vehicle of the person,(g) a decision of Transport for NSW to vary the conditions of the registration of a registrable vehicle under Chapter 4 or the statutory rules,(h) a decision of Transport for NSW to suspend the registration of a registrable vehicle of the person under Chapter 4 or the statutory rules,(i) a decision of Transport for NSW to cancel the registration of a registrable vehicle under this Act or the statutory rules,(j) a decision of Transport for NSW not to issue an authorisation to repair under section 86(5),(k) a decision of Transport for NSW to suspend the registration of, or to crash test, a registrable vehicle under Part 7.6,(l) any other decision under the road transport legislation made in relation to the person, or a vehicle of the person, that belongs to a class of decisions prescribed by the statutory rules for the purposes of this definition.
"original application" means any of the following--(a) an application to the Local Court for an order under section 79 declaring a vehicle seized under that section to be forfeited to the Crown,(b) an application to the Local Court for an order of the kind referred to in section 249 for the release of an impounded vehicle or confiscated number-plates,(c) any other application to the Local Court for an order of a kind prescribed by the statutory rules.
(2) A vehicle is the vehicle of a person for the purposes of the definition of
"appealable decision" in subsection (1) if the person is the registered operator or the owner of the vehicle.
(3) The definition of
"appealable decision" in subsection (1) does not include any of the following--(a) the suspension or cancellation of the registration of a vehicle, or the refusal to exercise a function, under Part 4 of the Fines Act 1996 ,(b) such classes of decisions as may be excluded from the definition by the statutory rules.
(4) Any statutory rules referred to in subsection (3)(b) that prescribe a class of decisions may limit the class of persons for whom a decision referred to in the subsection is an appealable decision for the purposes of this Part.