Australian Capital Territory Numbered Regulations

ROAD TRANSPORT (DRIVER LICENSING) REGULATIONS 2000 (2000 NO 14) - REG 112

(1)     The road transport authority may take the following action under this regulation in relation to a person's accreditation:

        (a)     cancel the accreditation and disqualify the person from applying for accreditation for a period of not longer than 2 years;

        (b)     suspend the accreditation for a period of not longer than 1 year and, if the authority considers appropriate, disqualify the person from applying for accreditation for a period of not longer than
1 year;

        (c)     if the accreditation is already suspended—do either of the following:

              (i)     cancel the accreditation and disqualify the person from applying for accreditation for a period of not longer than
2 years;

              (ii)     suspend the accreditation for an additional period of not longer than 1 year and, if the authority considers appropriate, disqualify the person from applying for accreditation for a period, or an additional period, of not longer than 1 year.

(2)       If the road transport authority proposes to take action under this regulation in relation to a person's accreditation, the authority must give the person a notice that—

        (a)     states the proposed action, including any proposed suspension (or additional suspension) period and any proposed period of disqualification (or additional disqualification) from applying for accreditation; and

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

        (c)     invites the person to make written representations, within a stated period of at least 14 days after the person is given the notice, why the proposed action should not be taken.

Note     The notice must also be in accordance with the code of practice for notification of reviewable decisions and review rights (see s 91 of the Road Transport (General) Act 1999 and Schedule 1 to the Road Transport (General) Regulations 2000 ).

(3)       If, after considering any written representations made by the person within the stated period, the road transport authority is satisfied on reasonable grounds that a ground mentioned in regulation 111 (When authority may take action in relation to accreditation) exists to take action under this regulation, the authority may take any of the following action:

        (a)     if the proposed action included cancelling the accreditation—either cancel the accreditation or suspend the accreditation for a period of not longer than 1 year;

        (b)     if the proposed action included suspending the accreditation for a stated period or a stated additional period—suspend the accreditation for a period of not longer than that period;

        (c)     if the proposed action included disqualifying the person from applying for accreditation for a stated period or stated additional period—disqualify the person from applying for accreditation for not longer than that period.

(4)       The road transport authority must tell the person in writing of the decision.

(5)       If the road transport authority decides to suspend or cancel the accreditation, or disqualify the person from applying for accreditation, the authority must also tell the person in writing when the suspension, cancellation or disqualification takes effect.

(6)       A suspension or cancellation must not take effect earlier than 7 days after the person is told about the decision.

(7)       If the road transport authority suspends a person's accreditation, the person is, during the period of the suspension—

        (a)     taken not to be accredited as a driving instructor; and

        (b)     disqualified from applying for accreditation as a driving instructor.