New South Wales Consolidated Regulations

ROAD TRANSPORT (VEHICLE REGISTRATION) REGULATION 2017 - REG 72

72 Suspension or cancellation of examiner's authorities and proprietor's authorities

(cf 2007 reg cl 62)

(1) Transport for NSW may suspend or cancel an examiner's authority or a proprietor's authority if--

(a) the holder has failed to comply with a condition to which the authority is subject, or

(b) Transport for NSW is, for any reason, of the opinion that the holder is not a fit and proper person to continue to hold the authority.

(2) Without limiting subclause (1)(b)--

(a) Transport for NSW may form the opinion that the holder of an examiner's authority is not a fit and proper person to continue to hold the authority if it is satisfied that any person involved in the conduct of inspections and tests of registrable vehicles pursuant to the authority is not of suitable character, and

(b) Transport for NSW may form the opinion that the holder of a proprietor's authority is not a fit and proper person to continue to hold the authority if it is satisfied that any person involved in the use of an authorised inspection station pursuant to the authority is not of suitable character.

(3) Transport for NSW cannot suspend or cancel an examiner's authority or a proprietor's authority unless--

(a) Transport for NSW by notice in writing requests the person concerned to show cause why the authority should not be suspended or cancelled on the grounds specified in the notice, and

(b) that person replies to the notice or fails to reply within 21 days from the date the notice was issued.

(4) Subclause (3) does not apply to the suspension of an examiner's authority or a proprietor's authority if Transport for NSW has reason to suspect that the holder of the authority intentionally or recklessly contravened a rule in force under this Subdivision and is likely to commit further contraventions of the rules.