Queensland Numbered Acts

TOW TRUCK ACT 2023 - SECT 44

44 Immediate suspension of accreditations

(1) The chief executive may, by notice given to the holder of an accreditation (an
"immediate suspension notice" ), immediately suspend the accreditation on the following grounds—

(a) the chief executive reasonably believes—

(i) the holder is not an appropriate person to continue to hold the accreditation and the accreditation should be immediately suspended; or

Note—

For the holder of an accreditation that is a partnership, see also section 136 .

(ii) it is not in the public interest for the holder to continue to hold the accreditation and the accreditation should be immediately suspended;

(b) public safety has been endangered, or is likely to be endangered, because of the holder’s conduct while carrying out activities under the accreditation and the accreditation should be immediately suspended.

(2) Without limiting the chief executive’s powers under subsection (1) , it is enough to immediately suspend an accreditation if—

(a) a person complains in writing to a police officer about the conduct of the holder of the accreditation and, having regard to the nature of the complaint, the chief executive reasonably believes the conduct complained of justifies taking action under subsection (1) ; or

(b) having regard to statements or other information about the conduct of the holder of the accreditation given to the chief executive, the chief executive reasonably believes the statements or other information justify taking action under subsection (1) .

(3) The immediate suspension notice must—

(a) state the effect of section 45 ; and

(b) be accompanied by an information notice for the decision.

(4) The chief executive must, within 7 days after the day the immediate suspension notice is given to the holder of the accreditation, give the holder a show cause notice under section 39 .

(5) In this section, a reference to the conduct of the holder of an accreditation includes—

(a) if the holder is a corporation—the conduct of an executive officer of the corporation; and

(b) if the holder is a partnership—the conduct of a partner in the partnership.