Australian Capital Territory Numbered Regulations

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ROAD TRANSPORT (SAFETY AND TRAFFIC MANAGEMENT) REGULATIONS 2000 (2000 NO 10) - REG 97

Cancellation of existing operator's certificate etc (MTA ss 150ZA-150ZB)

(1)      If the road transport authority has reasonable grounds for believing that—

        (a)     an existing operator's certificate was issued; or

        (b)     an exemption was given; or

        (c)     the conditions to which an exemption is subject were varied;

because information given by the holder of the certificate or exemption in or in relation to the application for the certificate, exemption or variation was false, misleading or incomplete in a material particular, the road transport authority must give the holder written notice under this subregulation.

(2)      The notice must—

        (a)     tell the holder of the road transport authority's belief; and

        (b)     state the grounds for the belief; and

        (c)     invite the holder to make representations to the authority, within 28 days after the holder receives the notice, why the certificate should not be cancelled, or the exemption or variation revoked.

(3)      If, after considering any representation made by the holder under paragraph (2) (c), the road transport authority is satisfied that the authority's belief was correct, the authority must cancel the certificate or revoke the exemption or variation.

(4)      The road transport authority must also cancel an existing operator's certificate or revoke an exemption if the holder of the certificate or exemption asks the authority, in writing, to do so and gives the existing operator's certificate held by the holder to the authority.

(5)      If the road transport authority cancels an existing operator's certificate, or revokes an exemption, under subregulation (3), the holder of the certificate or exemption must give his or her existing operator's certificate to the authority within 14 days after being told of the cancellation or revocation by the authority.

Maximum penalty: 20 penalty units.

(6)      If the road transport authority receives an existing operator's certificate under subregulation (4) or (5) because an exemption held by the holder of the certificate is to be or is revoked, the authority must return the certificate to the holder after cancelling the endorsement of the exemption on the certificate.



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