New South Wales Consolidated Acts

TRANSPORT ADMINISTRATION ACT 1988 - SECT 18

18 Cancellation of operating licence

(1) An operating licence of TAHE may be cancelled only in the circumstances specified by this section.

(2) The Minister may cancel an operating licence of TAHE if TAHE ceases for any or no reason, otherwise than as authorised by the operating licence, to carry out the functions of TAHE to which the licence relates in accordance with the operating licence.

(3) The Minister may cancel any or all of the operating licences of TAHE if--

(a) TAHE--

(i) is, in the opinion of the Minister, in material default in complying with any operating licence, viewed in terms of the operation of the operating licence as a whole, and

(ii) has not, within the time specified by the Minister in a notice to TAHE, either rectified the default or shown cause, to the satisfaction of the Minister, why the operating licence should not be cancelled, or

(b) TAHE has been convicted on more than 3 occasions within a period of 12 months of offences that are punishable by a fine of at least $10,000 or, if TAHE were a natural person, imprisonment for 12 months or more.

(4) A notice under section 17 (1) can also be regarded as a notice for the purposes of subsection (3) (a) (ii).

(5) If an operating licence is cancelled under this section, the Minister may, by order published in the Gazette, transfer to the State or a public or local authority (as specified in the order), from a date specified in the order, such of the assets and rights of TAHE that are specified in the order and that, in the opinion of the Minister, are necessary to enable the State or the public or local authority to exercise such of the functions exercisable (or formerly exercisable) by TAHE as appear to be necessary in the public interest.

(6) An order under this section may also provide for--

(a) the State or a public or local authority to assume those liabilities of TAHE that the Minister considers appropriate and specifies in the order, or

(b) the State or a public or local authority to discharge the whole or any part of the liabilities of TAHE.

(7) Schedule 4 applies to any transfer of assets or rights or any assumption of liabilities under this section in the same way as it applies to a transfer of assets, rights or liabilities under an order to which that Schedule applies.

(8) In this section,
"assets" ,
"rights" and
"liabilities" have the same meanings as those terms have in Schedule 4.