Queensland Consolidated Acts

HEAVY VEHICLE NATIONAL LAW (QUEENSLAND) - SECT 641

641 Applying for internal review

(1) A dissatisfied person for a reviewable decision may apply to the Regulator for a review of the decision.

(2) A review application may be made only within 28 days after—

(a) the day the person is notified of the decision; or

(b) if a provision of this Law requires that the person be given a statement of reasons for the decision—the day the statement is given to the person.

(3) However, the Regulator may, at any time, extend the time for making a review application.

(4) A review application must—

(a) be written; and

(b) be accompanied by the prescribed fee for the application; and

(c) state in detail the grounds on which the person wants the reviewable decision to be reviewed.

(5) The person is entitled to receive a statement of reasons for the reviewable decision whether or not the provision under which the decision is made requires that the person be given a statement of reasons for the decision.

(6) If the person is given a decision notice, but not an information notice, for the reviewable decision—

(a) the decision notice must state that, within 28 days after the notice is given to the person, the person may ask the Regulator for a statement of reasons for the decision; and

(b) the person may, within 28 days after a decision notice complying with paragraph (a) is given to the person, ask the Regulator for a statement of reasons for the decision.

(6A) Within 28 days after the request is made under subsection (6) (b) , the Regulator must give the person a statement of reasons.

(7) The making of a review application does not affect the reviewable decision, or the carrying out of the reviewable decision, unless it is stayed under section 642 .

(8) In this section—

"decision notice" , for a decision, means a notice stating—

(a) the decision; or

(b) the review and appeal information for the decision.

"dissatisfied person" means—

(a) for a reviewable decision of the Regulator made in relation to an application for an exemption, authorisation, approval or heavy vehicle accreditation under this Law—the applicant; or

(b) for a reviewable decision of the Regulator not to make a decision sought in an application for an amendment of an exemption, authorisation, approval or heavy vehicle accreditation under this Law—the applicant; or

(c) for a reviewable decision of the Regulator to amend, cancel or suspend an exemption, authorisation, approval or heavy vehicle accreditation under this Law—the person to whom the exemption, authorisation, approval or heavy vehicle accreditation was granted; or

(d) for a reviewable decision of the Regulator not to give a replacement permit for an exemption or authorisation under this Law or not to give a replacement accreditation certificate for a heavy vehicle accreditation under this Law—the person to whom the exemption, authorisation or heavy vehicle accreditation was granted; or

(e) for a reviewable decision of the Regulator that a thing or sample is forfeited to the Regulator—an owner of the thing or sample; or

(f) for a reviewable decision of an authorised officer to give a person an improvement notice or prohibition notice, or to amend an improvement notice or prohibition notice given to a person—the person to whom the notice was given; or

(g) for a reviewable decision of a relevant road manager for a mass or dimension authority—a person adversely affected by the decision; or

(h) for a reviewable decision made under the national regulations—the person prescribed as the dissatisfied person for the decision under the national regulations.