Queensland Consolidated Acts

TOW TRUCK ACT 1973 - SECT 21D

21D Amending, suspending or cancelling authority

(1) This section applies if the chief executive considers a ground exists under section 21A to suspend or cancel an authority holder’s authority.

(2) However, this section does not apply if section 21E applies.

(3) Before taking action to suspend or cancel the authority (the
"proposed action" ), the chief executive must give the authority holder a written notice—

(a) stating the proposed action; and

(b) stating the grounds for the proposed action; and

(c) outlining the facts and circumstances forming the basis for the grounds; and

(d) if the proposed action is suspension of the authority—stating the proposed suspension period; and

(e) inviting the person to show cause in writing, within a stated time of at least 28 days, why the proposed action should not be taken.

(4) 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 suspend the authority—

(i) suspend the authority for no longer than the period stated in the notice; or

(ii) amend the authority in the way the chief executive considers appropriate; or

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

(i) cancel the authority; or

(ii) suspend the authority for a period; or

(iii) amend the authority in the way the chief executive considers appropriate.

(5) However, if the proposed action relates to a matter that is the subject of a proceeding before a court that has not been finally decided, the chief executive—

(a) need not make a decision under subsection (4) until the proceeding is finally decided; but

(b) must make the decision as soon as reasonably practicable after the proceeding is finally decided.

(6) The chief executive must inform the person of the decision under subsection (4) by written notice.

(7) If the chief executive decides to take action under subsection (4) , the notice must state—

(a) the reasons for the decision; and

(b) the prescribed review information for the decision.