Australian Capital Territory Numbered Regulations

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DANGEROUS GOODS (ROAD TRANSPORT) REGULATION 2010 (NO 12 OF 2010) - REG 234

Cancellation, suspension and variation in other circumstances

    (1)     This section applies if—

        (a)     the licensing authority considers that a ground exists to cancel, suspend or vary a licence (the proposed action ); and

        (b)     section 231, section 232 and section 233 do not apply to the proposed action.

    (2)     The licensing authority must give to the licensee a written notice that—

        (a)     states what the proposed action is; and

        (b)     if the proposed action is to suspend the licence—states what the proposed suspension period is; and

        (c)     if the proposed action is to vary the licence—sets out the proposed variation; and

        (d)     sets out the ground for the proposed action; and

        (e)     outlines the facts and other circumstances forming the basis for the ground; and

        (f)     invites the licensee to state in writing, within a stated period of at least 28 days after the day when the notice is given to the licensee, why the proposed action should not be taken.

    (3)     If, after considering any written statement made within the stated period, the licensing authority reasonably believes that a ground exists to take the proposed action, the licensing authority may—

        (a)     cancel or vary the licence; or

        (b)     suspend the licence for a period not longer than 12 months (except if the suspension is to give effect to a court order stating a longer period of suspension); or

        (c)     if the proposed action is to vary the licence in a stated way—vary the licence in that way.

    (4)     The licensing authority may withdraw a suspension before the suspension is due to end if it reasonably believes that it is appropriate to do so.



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