Queensland Consolidated Acts

HEAVY VEHICLE NATIONAL LAW (QUEENSLAND) - SECT 177

177 Amendment or cancellation on Regulator’s initiative

(1) Each of the following is a ground for amending or cancelling a mass or dimension authority granted by giving a person a permit—

(a) the authority 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 authority has contravened a condition of the authority;

(c) the use of heavy vehicles on a road under the authority 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 mass or dimension authority granted by giving a person a permit (the
"proposed action" ), the Regulator must give the holder of the permit 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 authority (including a condition of the authority)—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 mass or dimension authority—amend the authority in a way that is not substantially different from the proposed action, including, for example, by—

(i) amending the areas or routes to which the authority applies; or

(ii) amending the days or hours to which the authority applies; or

(iii) imposing additional vehicle conditions on the authority; or

(b) if the proposed action was to cancel the authority—

(i) amend the authority, including, for example, as mentioned in paragraph (a) (i) , (ii) or (iii) ; or

(ii) cancel the authority.

(4) The Regulator must give the holder an information notice for the decision.

(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.