Queensland Consolidated Regulations

TRANSPORT OPERATIONS (MARINE SAFETY) REGULATION 2016 - REG 116

116 Procedure for suspension or cancellation

(1) If the administering agency considers a ground exists to suspend or cancel an authority (the
"proposed action" ), the administering agency may give the holder of the authority a written notice stating the following—

(a) the proposed action;

(b) the grounds for the proposed action;

(c) an outline of the facts and circumstances forming the basis for the grounds;

(d) if the proposed action is to suspend the authority—the proposed suspension term;

(e) that the holder may, within the period of at least 30 days stated in the notice, make written representations showing cause why the proposed action should not be taken.

(2) If, after considering all written representations made within the stated time, the administering agency still considers grounds to take the proposed action exist, the administering agency may—

(a) if the proposed action was to suspend the authority for a stated term—suspend the authority for not longer than the proposed suspension term; or

(b) if the proposed action was to cancel the authority—cancel the authority or suspend it for a term.

(3) The administering agency must give the holder written notice of the decision within 14 days after the administering agency makes the decision.

(4) If the administering agency decides to suspend or cancel the authority, the notice must state—

(a) the reasons for the decision; and

(b) the prescribed review information for the decision.

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

(a) the day when the notice is given to the holder;

(b) the day of effect stated in the notice.

(6) However, if the authority is suspended or cancelled because of the conviction of a person for an offence—

(a) the suspension or cancellation does not take effect until—

(i) the end of the time to appeal against the conviction; and

(ii) if an appeal is made against the conviction—the appeal is finally decided; and

(b) the suspension or cancellation has no effect if the conviction is quashed on appeal.