Queensland Consolidated Acts

TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 19

19 Procedure for amending, suspending or cancelling approvals

(1) If the chief executive considers a ground exists to amend, suspend or cancel an approval, (the
"proposed action" ), the chief executive must give the holder written 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 approval (including a condition of the approval)—stating the proposed amendment; and

(e) if the proposed action is to suspend the approval—stating the proposed suspension period; and

(f) inviting the holder to show (within a stated time of at least 28 days) why the proposed action should not be taken.

(2) If, after considering all written representations made within the stated time, the chief executive still considers a ground exists to take the proposed action, the chief executive may—

(a) if the proposed action was to amend the approval—amend the approval; or

(b) if the proposed action was to suspend the approval—suspend the approval for no longer than the period stated in the notice; or

(c) if the proposed action was to cancel the approval—

(i) amend the approval; or

(ii) suspend the approval for a period, including on the condition that—

(A) if the grounds for taking action under this section are capable of being remedied by the holder, the holder remedy the grounds to the chief executive’s reasonable satisfaction within a reasonable time before the suspension period ends; and

(B) if the holder fails to remedy the grounds in accordance with subparagraph (A), the chief executive may cancel the approval under section 19A ; or

(iii) cancel the approval.

(3) The chief executive must give the holder a written notice about the decision (
"subsection (3) notice" ).

(4) The decision takes effect on the later of the following—

(a) the day the subsection (3) notice is given to the holder;

(b) the day stated in the subsection (3) notice.

(5) However, despite subsection (1) , if the chief executive considers it necessary in the public interest, the chief executive may, by written notice (
"immediate suspension notice" ) given to the holder, immediately suspend the approval until the earliest of the following—

(a) the chief executive, after complying with subsections (1) and (2) , gives the holder a subsection (3) notice;

(b) the end of 56 days after the day the immediate suspension notice is given to the holder.

(6) A subsection (3) notice, or an immediate suspension notice, must state—

(a) the reasons for the decision for which the notice is given; and

(b) the prescribed review information for the decision.

(7) If a subsection (3) notice is given about a decision to suspend an approval on the condition mentioned in subsection (2) (c) (ii) , the subsection (3) notice must also state that the approval may be cancelled under section 19A if the holder fails to comply with the condition.

(8) Subsections (1) to (7) do not apply—

(a) if the chief executive proposes to amend the approval only—

(i) for a formal or clerical reason; or

(ii) in another way that does not adversely affect the holder’s interests; or

(b) if the holder asks the chief executive to amend or cancel the approval and the chief executive proposes to give effect to the request.

(9) The chief executive may amend or cancel an approval under subsection (8) by written notice given to the holder.